Charles Bagot

Introduction

Charles is a specialist practitioner in the fields of personal injury, clinical negligence, health and safety and related insurance issues. He was appointed as a Deputy District Judge on the South Eastern Circuit in August 2010.

Legal500 and Chambers UK: Charles is consistently recommended as a leading junior in personal injury law: "Market sources also admire the "formidably talented rising star" that is Charles Bagot of Hardwicke. He offers "excellent analysis and superb attention to detail." (Chambers UK 2012)

“the ‘very analytical’ Charles Bagot’s ‘attention to detail is exceptional.” (Legal 500 2010)

“He demonstrates his "legendary courtesy" and "tireless commitment" to his client's cause across a range of high-value brain injury cases. He features in a number of important cases…” Chambers UK (2011)

“He is ‘always thorough and well up on the case’. Such attributes doubtless contribute to the fact that ‘he invariably produces clear and compelling arguments in court’.” (2010)

"...goes the extra mile."; "...able to turn things around quickly while really getting into the fine detail of a case." - Chambers UK (2009)

“He ‘takes a balanced view.’ ‘He is incredibly thorough’, say solicitors, who also admire his ‘bright and amenable attitude.’ Chambers UK (2008)

He is also instructed in an increasing amount of international injury litigation often involving cross-border issues. He has recently advised a major offshore insurer in various high value injury cases being litigated in the Caymans, Bermuda and the Bahamas respectively.

Charles is part of the editorial team of ‘Kemp & Kemp: the Quantum of Damages’. He is an accredited advocacy teacher for the Inner Temple. He regularly delivers seminars to Solicitors, Insurers and at major corporations’ in-house events. He is a fluent French speaker. He is regularly instructed in cases involving a French theme/ French documents.

When time permits he is a keen competitive swimmer and he regularly represents triathletes and those active in other sports. He was part of the team which won the 2010 London Triathlon Legal Cup in the Olympic Team Relay. Tackling a 5km open water swim race for the first time in September 2011 he was placed third.

Qualifications

• LLB Law with French (Leicester); & Dip E.J.F.: Diploma in French Law (Lyons)
• Deputy District Judge

Professional Associations

• Member of Personal Injury Bar Association Executive Committee & organiser of PIBA Continuing Education programme
• Franco British Lawyers Society

Personal Injury/Insurance

Charles is consistently recognised as a leading practitioner in injury law in both the Legal 500 and Chambers UK See the quotes under ‘Introduction’.

Solicitors and insurers recognise Charles’ expertise in dealing with high value injury claims particularly where exaggeration or credibility issues arise or where fraud is suspected. He is also regularly instructed in cases with technical aspects on liability (e.g. construction site accidents or product liability) or quantum (e.g. self-employed/ business losses claimed, complex medical history and causation issues, life expectancy and cost of care arguments). Charles has specific expertise in catastrophic injury claims, employers’ & public liability, multi-party actions, product liability, sports/leisure related claims, RTAs and costs issues. He is a successful appellate advocate: in the County Court, High Court and Court of Appeal. He advises on a range of insurance law and costs issues arising out of, principally, employer’s liability, public and product liability claims. The majority of his work is for major insurers and their Solicitors however he also has a niche practice in high value injury work for leading Claimant firms. They value him for his attention to detail, client handling skills and compelling arguments in court.

He is regularly instructed for round-table settlement meetings and mediations negotiating favourable compromises in high value claims.

He is presently instructed as sole Counsel in a range of catastrophic injury claims for brain injury, psychiatric harm, spinal injury and amputation for damages exceeding £1 million. He has been advising in the Madonna Stage Collapse Litigation and is instructed in the Welsh Water Cryptosporidium Outbreak Litigation (further details on both these cases are set out under ‘Public Liability’ below).

Cases

Burke v. Hersant Caymanian case
Charles is advising the Defendant’s insurers in this injury case pleaded at CI$6m. He is sole Counsel for the Defendant at the forthcoming trial in the Caymans.

Ireland v. James (2011) QBD, Griffith-Williams J
Ongoing RTA brain injury cases pleaded at £5.6m. Trial on liability and quantum adjourned following submissions in April 2011. Issues on liability relate to whether Claimant moped rider’s helmet was deliberately ‘perched’ on his head rather than correctly worn and fastened and whether it was much too large for him. Range of issues on quantum including whether Claimant likely to be cared for in shared residential or private sole accommodation and his care needs and life expectancy. Acting for insurers and led by William Norris QC.

Powell (protected party) v. S&J Steel (1), Midland Steel (2), TRAK Construction (3) (2011) QBD, Wilkie J
Brain injury case – pleaded at up to £5m. Charles represented TRAK Construction, main contractor, in the long-running multi-Defendant criminal and civil litigation arising out of the serious brain injury to a sub-contractor’s employee when he fell from a set of concrete stairs during installation.
Charles was sole Counsel for TRAK during the health and safety prosecution in which, despite the seriousness of the incident, the company’s fine was kept down to £10,000. In the subsequent injury claim, Charles was sole Counsel for the third Defendant and its insurers, being led by William Norris QC in the latter stages of the case and for trial. A settlement was reached on the first day of trial at a £3m lump sum and TRAK’s liability was kept down to 20% of the damages and costs.

VG v. Geoghehan: Acting for ‘Ironman’ Triathlete who sustained severe brain injury whilst training on his bicycle when a van turned across his path. Complex issues of mental capacity and future needs. Settled for £1 million.

Sandhu v. Quattro Ltd (2010) QBD, Colin Edelman QC sitting as a High Court Judge
Employer’s liability claim by seriously injured employee. Post-accident, employer discovered Claimant was illegal immigrant and hence not entitled to work in the UK. Charles advised and ran the illegality defence for the employer seeking to defeat the entire financial loss claim (i.e. other than the PSLA award) on grounds of illegality and public policy. On the second day of the High Court trial, the Claimant accepted a Pt36 offer made many months before.

HB (a protected party) v. Harmshaw (2010) QBD, Sweeney J, settlement approved 17.2.10
Brain injury case- pleaded at more than £10 million.
Charles acted on behalf of school girl who sustained catastrophic brain injury when she was knocked down by a car. Liability was denied throughout on behalf of the driver. Charles represented the young Claimant and her family for three years. The particular effect of the brain injury was to make the girl sexually disinhibited. As a result of promiscuous behaviour, she became pregnant within two years of this accident, whilst 14 years old. She developed a virus during her pregnancy, which was probably sexually transmitted, resulting in her baby being born with catastrophic disabilities. The girl was unable to care for the baby and her mother now has parental responsibility for him. Both the girl and her child need 24 hour care. Shortly before trial a settlement was reached (and approved in the High Court) providing a six-figure lump sum and periodical payments for the Claimant’s lifetime. Charles was led by Frank Burton QC.

Britez v. Egon Zehnder International (2010) CLCC
Charles successfully defended a stress at work claim to trial on behalf of an international Management Consultancy. The Claimant, a former receptionist, alleged that she had sustained a psychiatric injury due to work related stress caused by her former employer's breach of duty. The Claimant abandoned her case on day 2 of the trial after the close of her case and agreed to pay the Defendant a five figure sum in costs.

Thring v. Owen Mullen Limited (2010) Lawtel 9/2/10, HHJ Hammerton, Tunbridge Wells CC
Case clarifying the duty of those carrying out roadworks to road users for (i) the state of the road surface; and (ii) the operation of temporary traffic lights. Acted for the Defendant highway construction company in its successful defence of a public liability claim by a moped rider who sustained a serious leg injury when she slipped off her moped near some road works. The claim was pleaded at up to £250,000. C alleged that D was liable for the muddy state of the road and that it should have been aware that temporary traffic lights had malfunctioned. At Trial, HHJ Hammerton dismissed the Claimant's claim, finding no liability against the Defendant.

Burns v. Woodside Care
Acting for insurers (Aviva) defending injury claim brought by nurse who sustained a back injury at a care home. The Claimant was claiming over £650,000 alleging that she could not return to work. The Defendant’s case was that the Claimant was grossly exaggerating her injuries for financial gain. Despite maintaining a high value claim right up to trial, the Claimant (represented by a QC) finally accepted the comparatively modest sum of £18,000 on the first day of the Trial and the Defendant secured a favourable costs order as it had offered to pay this amount 8 months before.

Charles was sole Counsel for the Defendant in the Court of Appeal in:
Molloy v Shell UK Ltd. [2001] EWCA Civ 1272, CA; [2002] PIQR P56, CA.
Successful appeal to Court of Appeal for Def. against Circuit Judge’s order on costs. Fraudulent Claimant grossly exaggerated his claim, ordered to pay Defendant’s costs in full post payment in. Court of Appeal questioned whether such a Claimant’s claim should be considered at all. In such a case, Claimant should pay Defendant’s costs in full.

Employers’ Liability

Charles is recognised for his expertise in employers’ liability cases. He is regularly instructed by the insurers of major employers, arising principally out of serious injury accidents and fatalities. He is instructed both to defend high value claims for EL insurers, and to bring and defend contribution proceedings and recovery actions arising out of EL claims. He assists with issues of coverage and policy interpretation. He is also instructed by leading Claimant firms representing employees injured or killed at work.

He is also regularly instructed to represent companies facing Health and Safety Prosecutions and to attend Coroner’s Inquests: see separate sections.

Recent Work

• Representing major employer and its insurers facing injury claim by injured employee (TUPE transferred from former employer) who turns out to be illegal immigrant. Running public policy/ illegality defence.
• Regularly instructed on behalf of major vehicle fleet operators and their insurers: e.g. ‘3663’ (Bidvest Ltd.).
• Significant experience for insurers in cases where there are issues of exaggeration or fraud.

Cases

Powell (protected party) v. S&J Steel (1), Midland Steel (2), TRAK Construction (3) (2011) QBD, Wilkie J
Brain injury case pleaded at up to £5m. Represented TRAK Construction, main contractor, in the long-running multi-Defendant criminal and civil litigation arising out of the serious brain injury to a sub-contractor’s employee when he fell from a set of concrete stairs during installation. Further details under ‘Personal Injury’ above.

Sandhu v. Quattro Ltd (2010) QBD, Colin Edelman QC sitting as a High Court Judge
Illegality Defence for insurers in claim by employee who turned out to be illegal immigrant

Burns v. Woodside Care
Grossly exaggerated injury claim successfully concluded at trial for Defendant’s Insurers (see further details above under ‘Personal Injury’ above).

Britez v. Egon Zehnder International (2010) CLCC
Successful defence at trial of a stress at work claim. Full details under ‘Personal Injury’ section above.

Cope v. Maude Ltd: Sole Counsel for Defendant. Brain and psychiatric injuries sustained by young scaffolder. Provisional damages claim: risk of epilepsy. Issues regarding care and assistance needs. Compromised at £1.25 million at joint settlement meeting.

Various v. Bradway + R. (HSE) v. Bradway Construction Ltd. & Apollo Cradles Ltd. (2008)
Health and safety prosecution which was featured on BBC regional TV:
http://news.bbc.co.uk/1/hi/england/7532102.stm  [further details under ‘Health and Safety’ below]
Charles was also instructed as sole Counsel for Bradway (and its insurers Allianz) in the long-running civil litigation arising out the employees' claims for personal injury damages and Bradway's claim against Apollo Cradles to recover the damages paid to its employees.

Butler v. ‘3663’ (Bidvest Limited) (2008) Lawtel (Judgment 23.11.07)
Employer’s liability claim of industry-wide importance clarifying that the presence of ice on the floor of a refrigerated delivery vehicle did not mean that an employee’s work equipment was not in an ‘efficient state’ pursuant to the Provision and Use of Work Equipment Regulations 1998. The employee’s claim for damages for the injury sustained in slipping on the ice failed. Charles represented the fleet operator ‘3663’.

Scania 4 Series Group Litigation
Instructed on behalf of two of the Defendants in this successfully defended multi-party employers/product liability action involving 750 Claimants (HGV drivers) and 55 Defendants (Employers and Manufacturers). The drivers alleged that they sustained back injury from defective lorry seats. Claims discontinued 1 month before trial with Claimants paying seven figure sum in costs to Defendants.

Public Liability

Charles has extensive experience in public liability cases arising out of fatalities and serious injuries for both insurers and Claimants. He also advises insurers on coverage and policy interpretation issues arising in this area.

Cases / Recent work

Madonna Stage Collapse Litigation
Charles has been advising insurers of a rigging company regarding the July 2009 collapse of the stage at a Madonna concert in Marseille which resulted in two fatalities, other serious injuries and significant property damage. Instructed for Defendant’s insurers.

Welsh Water Cryptosporidium Outbreak Litigation
Charles is instructed for Welsh Water to defend the largest claim arising out of the 2005 outbreak when several hundred local residents contracted gastroenteritis from cryptosporidium in the water supply. The Claimant (then 21 years) has since had extensive surgery for complications and is seeking up to £1 million by asserting that he will never work again. The claim is ongoing.

Glassey v. Laurel Pub Holdings
Defending claim by customer assaulted by doorman at pub sustaining severe brain injury. Doorman imprisoned for GBH. The Claimant continued to complain of a range of memory and concentration problems, had had to change careers and needed ongoing treatment. Claimed at up to £1 million+ and settled for £400,000 following JSM.

Thring v. Owen Mullen Limited (2010) Lawtel 9/2/10, HHJ Hammerton, Tunbridge Wells CC
Case clarifying the duty of those carrying out roadworks to road users for (i) the state of the road surface; and (ii) the operation of temporary traffic lights. Claim dismissed at trial. Full details under ‘Personal Injury’ section.

Crosby v. Regency Security Limited (2006) Lawtel 8th May (HHJ Yelton)
Successfully defended claim against nightclub security firm brought by club patron for facial injuries inflicted in serious assault by guest at club.
Held: No duty of care upon nightclub doormen to prevent assault unless an assault was not only foreseeable but highly probable.

Phipps v. Surrey CC & Ringway Limited (2009) HHJ Birtles
Successful defence on behalf of Third Party Highways Contractor arising out of claim by cyclist who fell and broke his hip when he rode into a large pothole. Claim dismissed after 3 day multi-track trial.

Product Liability

Charles has extensive experience in product liability cases arising out of fatalities and serious injuries for both insurers and Claimants. Further details can be found under ‘Personal Injury’. He also advises insurers on coverage and policy interpretation issues arising in this area.

Cases/ Examples of Work

BCC v. Geesink Norba
Defending product liability claim involving technical engineering evidence and contractual issues.  for worldwide manufacturer of refuse vehicles. Sued by City Council which sought recovery of damages paid to an employee who had been paralysed when he was crushed by mechanism which was alleged to have operated unexpectedly. Claimed at £1 million + and settled for £365,000 including costs. Opponent was leading PI silk.

Teall v. Inztec & 2 others
Defending product liability claim by lorry driver struck by a large roller shutter door which fell from its mountings resulting in a below knee amputation of his leg. Acting for occupier of building. At JSM, secured settlement in which Charles’ client did not have to pay any damages or costs and co-Defendant paid entirety of Claimant’s substantial damages and costs.

Scania 4 Series Group Litigation
Instructed on behalf of two of the Defendants in this successfully defended multi-party employers/product liability action involving 750 Claimants (HGV drivers) and 55 Defendants (Employers and Manufacturers). The drivers alleged that they sustained back injury from defective lorry seats. Claims discontinued 1 month before trial with Claimants paying seven figure sum in costs to Defendants.

oad Traffic

Charles regularly acts in road traffic cases both for insurers and Claimants. Further details can be found under ‘Personal Injury’. He also advises insurers on coverage and policy interpretation issues arising in this area.

Cases

Ireland v. James (2011) QBD, Griffith-Williams J
Ongoing RTA brain injury cases pleaded at £5.6m with liability and quantum issues. Led by William Norris QC

VG v. Geoghehan: Acting for ‘Ironman’ Triathlete who sustained severe brain injury whilst training on his bicycle when a van turned across his path. Complex issues of mental capacity and future needs. Settled for £1 million.

HB (a protected party) v. Harmshaw (2010) QBD, Sweeney J, 17 February [approval], a brain injury case pleaded at more than £10 million. Full details under ‘Personal Injury’ section.
O’Toole v. Hayton
Acted on behalf of school boy who sustained catastrophic brain injury when he was knocked down by a car driven by an off-duty police officer whilst crossing a busy road. Liability was denied by the driver. Charles represented the young Claimant and his family for three years. The case was ultimately compromised for the full liability equivalent of £4.8 million and the Court approved the settlement (£2.45 million partly as periodical payments on a 50:50 split). Charles was led by Frank Burton QC.

Arnold v. Saga Insurance & Irving: Represented former Marine & talented sportsman who sustained career threatening knee injury when knocked off his bike by drunk driver. Returned to work as heating engineer but required assistance with heavy work. Settled at £240,000.

Occupiers’ Liability

Charles has extensive experience in occupiers’ liability cases arising out of fatalities and serious injuries for both insurers and Claimants. Further details can be found under ‘Personal Injury’. He also advises insurers on coverage and policy interpretation issues arising in this area.

International

Charles is instructed in an increasing amount of international injury litigation often involving cross-border issues. He has recently advised a major offshore insurer in various high value injury cases being litigated in the Caymans, Bermuda and the Bahamas respectively. For example:

Burke v. Hersant Caymanian case
Charles is advising the Defendant’s insurers in this injury case pleaded at CI$6m. Credibility issues arise. He is sole Counsel for the Defendant at the forthcoming trial in the Caymans.

Farmer v Smith Bahamas case
Charles advised and drafted the skeleton argument for an application to set aside the extension of time to serve a writ long after its validity had expired. The Court granted the application, set aside the extension and struck out the case, pleaded at £750,000. The case is currently going to appeal.

Clinical Negligence/Prof. Ind.

Professional indemnity

The focus of Charles’ professional indemnity work is acting for insurers representing solicitors in claims arising out of injury litigation. He also has experience of cases involving allegations of professional negligence in relation to surveyors, architects and other professionals arising out of construction accidents and product liability claims.

He is currently defending a claim pleaded at £500,000 by a Claimant who was diagnosed with fibromyalgia following the settlement of her injury claim for £25,000: complex medical and causation issues arise.

Construction/ Engineering

Charles has extensive experience in cases (both civil and criminal) arising out of construction site incidents & engineering failures giving rise to fatalities and serious injuries. He is used to dealing with the technical issues of engineering and science which arise and considering complex expert evidence. He also advises insurers on coverage and policy interpretation issues arising in this area. Further details can be found under ‘Personal Injury’, ‘Employers’ Liability’ and ‘Health & Safety’ above.

Clinical negligence & Medical malpractice

Charles has experience of a range of clinical negligence claims including failure to diagnose and/or refer, delays in and errors in treatment including in the A&E, by GPs, Consultants and others, negligent immunisation and inoculation. Recent cases:

• Representing Italian Plastic Surgeon (and private UK clinic which employed him) arising out of claim for negligently carried out breast augmentation surgery.
• Representing major high street opticians in claim for alleged failure to diagnose glaucoma at two appointments resulting in delayed treatment which the Claimant alleges caused her to lose her sight in both eyes.

Charles is experienced in cases where issues of medical malpractice arise, by a range of different clinicians.

Professional Negligence

The focus of Charles’ professional negligence work is acting for insurers representing solicitors in claims arising out of injury litigation. He also has experience of cases involving allegations of professional negligence in relation to surveyors, architects and other professionals arising out of construction accidents and product liability claims.

He is currently defending a claim pleaded at £500,000 by a Claimant who was diagnosed with fibromyalgia following the settlement of his injury claim for £25,000: complex medical and causation issues arise.

Health & Safety/Inquests

Health & Safety

Charles is regularly instructed to represent companies facing Health and Safety Prosecutions arising out of serious injuries and fatalities, particularly in the workplace or on construction sites.

Examples of Work

• Representing commercial construction company prosecuted following catastrophic head injury suffered by labourer when he fell during the installation of a pre-cast staircase. Successfully kept case in Magistrates’ Court, with fine limited to £10,000 plus costs.
• Acting for major high street retailer, prosecuted for accident in which employee rendered tetraplegic when pallet fell from racking in warehouse crushing him. Oxford Crown Court: fine £75,000 plus costs. 
• Regular speaker on Health and Safety topics, e.g. invited to speak to representatives from 75 bus and coach companies (Road Operators’ Safety Council) on implications of Corporate Manslaughter Act; similarly gave seminar at Ringway Ltd. Directors & Senior Managers Conference on Health & Safety Prosecutions.

Cases

R. (HSE) v. Bradway Construction Ltd. & Apollo Cradles Ltd. (2008)
Health and safety prosecution which was featured on BBC regional TV:
http://news.bbc.co.uk/1/hi/england/7532102.stm 
Charles acted for Bradway Construction Ltd. The prosecution arose from a fatal accident when a painting cradle suspended on the outside of a tower block collapsed causing four painters (Bradway employees) to fall to a flat roof below. One of the painters died and the other three sustained serious injuries. Apollo Cradles was sentenced to pay a fine of £115,000 and costs of £45,000 and Bradway was sentenced to pay a fine of £25,000 and costs of £18,000. Charles was led by William Lowe QC (Associate Tenant at Hardwicke Building).

Inquiries & Inquests

Charles regularly represents insurers and bereaved families at Inquests, particularly those involving deaths at work but also potential clinical negligence and deaths in custody.

Cases

Inquest re: H deceased
Represented family of toddler who attended A&E with sickness symptoms and suddenly died 9 hours later of undetected heart condition. Questions of adequacy of treatment/ possible neglect by hospital.

Inquest re: Baranyuk dec. (Death in Custody)
5 day Jury Inquest: represented operators of Harmondsworth Immigration Detention Centre.
Death resulted in major riot by detainees closing centre for 3 months.

Inquest Re: Boatman & Miles deceased
Double fatality when cradle collapsed during dismantling. Inexperienced worker had over-loosened bolts weakening structure. Technical and scientific evidence.

Cases

R. (HSE) v. Bradway Construction Ltd. & Apollo Cradles Ltd. (2008)

Health and safety prosecution which was featured on BBC regional TV:
http://news.bbc.co.uk/1/hi/england/7532102.stm 

Charles acted for Bradway Construction Ltd. The prosecution arose from a fatal accident when a painting cradle suspended on the outside of a tower block collapsed causing four painters (Bradway employees) to fall to a flat roof below. One of the painters died and the other three sustained serious injuries. Apollo Cradles was sentenced to pay a fine of £115,000 and costs of £45,000 and Bradway was sentenced to pay a fine of £25,000 and costs of £18,000. Charles was led by William Lowe QC (Associate Tenant at Hardwicke).

Inquiries & Inquests

Charles regularly represents insurers and bereaved families at Inquests, particularly those involving deaths at work but also potential clinical negligence and deaths in custody.

Cases

Inquest re: H deceased
Represented family of toddler who attended A&E with sickness symptoms and suddenly died 9 hours later of undetected heart condition. Questions of adequacy of treatment/ possible neglect by hospital.

Inquest re: Baranyuk dec. (Death in Custody)
5 day Jury Inquest: represented operators of Harmondsworth Immigration Detention Centre.
Death resulted in major riot by detainees closing centre for 3 months.

Inquest Re: Boatman & Miles deceased
Double fatality when cradle collapsed during dismantling. Inexperienced worker had over-loosened bolts weakening structure. Technical and scientific evidence.