Charles Bagot

Call:1997

Introduction and Contact details     

‘The Legal 500’ Directory 2009 recommended as leading junior in personal injury: “Charles Bagot is praised for ‘excellent preparation and analysis’…Hardwicke fields some excellent juniors.”

Chambers UK Directory 2009- recommended as a leading junior in personal injury law:

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

‘Charles Bagot of Hardwicke Building “takes a balanced view.” “He is incredibly thorough”, say solicitors, who also admire his “bright and amenable attitude.” Chambers UK (2008)

Charles is a specialist practitioner in the fields of personal injury, health and safety law and related insurance issues.

INSURANCE

The principal focus of Charles’ Insurance practice is in high value injury and health and safety work mainly (although not exclusively) for insurers. He is recognised as a leading practitioner in injury law in both Chambers UK and the Legal 500 Directories. Insurers and their Solicitors view him as a specialist in cases where issues of exaggeration and fraud arise. He also regularly represents companies facing health and safety prosecutions and advises insurers on coverage and policy interpretation issues. In addition, he has a niche practice in high value injury and clinical negligence claims for Claimants.

Personal Injury

Charles is consistently recognised as a leading practitioner in injury law in both the Legal 500 and Chambers UK Directories with praise that he “goes the extra mile” for clients and “is able to turn things around quickly while really getting into the fine detail of a case.” (Chambers UK 2009).  Clients also value his “excellent preparation and analysis” (L500 2009). ‘Charles Bagot of Hardwicke Building “takes a balanced view.” “He is incredibly thorough”, say solicitors, who also admire his “bright and amenable attitude.” (Chambers UK 2008)

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.

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.
Cases

O’Toole v. Hayton– to be reported
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.

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.

Albans v. J Brash & Co. Limited
Acted for Defendant’s insurers in long-running catastrophic injury claim for severe brain injury caused in workplace accident. Range of issues including life expectancy, local authority care (Sowden points), periodical payments and admission of late expert evidence. Claimed at £4.6 million (full liability equivalent). Compromised at £2.9 million at settlement meeting shortly before Trial. Led by Toby Hooper Q.C.

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

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 

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. At Sheffield Crown Court on 29.7.08, 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. In representing Bradway in the health and safety prosecution, Charles was led by William Lowe QC (Associate Tenant at Hardwicke Building).

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’.

Millard v. PPE Ltd. (2007) Lawtel 9th November
Successful defence of Manual Handling claim.  Held: An employer did not owe a higher duty of care under the Manual Handling Operations Regulations 1992 reg.4 to employees who suffered from undiscoverable medical conditions where it had taken steps, devised a system and operated that system in a way sufficient to reduce the risk of injury to all other employees.

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. Further details can be found under ‘Personal Injury’. He also advises insurers on coverage and policy interpretation issues arising in this area.

Recent Work

• A series of cases for operators of pubs and clubs arising out of assaults and injuries to patrons: e.g. catastrophic brain injury suffered by patron who fell over striking head whilst being ejected by bar staff due to drunkenness (acting for insurers of pub operators in multi-defendant proceedings).
• Regularly instructed for various principal contractors arising from construction site accidents, in proceedings by employees of sub-contractors: e.g. claim by high earning proprietor of welding firm who fell 18 metres from platform on bridge construction site, issues of guarding, protective equipment, credibility, as well as range of forensic issues on quantum in relation to business losses. Compromised for £650,000 at settlement meeting (for insurers).
• Standing Counsel for several major highways contractors (e.g. Ringway) defending highways claims by road users and pedestrians, as well as defending recovery actions by local authorities.

Cases

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- to be reported
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.

Recent Work

• Ongoing defence of major refuse vehicle manufacturer sued by employer of worker who was paralysed when crushed in the hopper of the vehicle. Allegation that defect caused ‘uncovenanted stroke’ starting machine cycle unexpectedly. Technical engineering evidence and contractual issues.

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.

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.

Recent 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. At Sheffield Crown Court on 29.7.08, 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. In representing Bradway in the health and safety prosecution, Charles was led by William Lowe QC (Associate Tenant at Hardwicke Building).

PUBLIC

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.

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’.

Road 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

O’Toole v. Hayton– to be reported-
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 at joint settlement meeting.

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.

Clinical negligence

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.

Medical malpractice

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

BTE & ATE

Charles regularly acts for Claimants bringing injury claims funded by BTE policies and via conditional fee agreements backed by ATE insurance policies. Further details are set out under ‘Personal Injury’.

Commercial

Charles’ commercial work is centred on professional negligence and construction/engineering cases.

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’.

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.