Jasmine Murphy

Introduction & Contact details

Jasmine has a busy Personal Injury and Professional Negligence practice. She represents both Claimants and Defendants and is described by The Legal 500 2011 as 'an up and coming performer'.

Qualifications

• LLB (Hons)
• Dip Law

Professional Associations

• Gray’s Inn
• Personal Injury Bar Association
• Professional Negligence Bar Association

T:   020 7242 2523 (switchboard)
F:   020 7691 1234
E:   jasmine.murphy@hardwicke.co.uk

Personal Injury

Jasmine has extensive personal injury experience encompassing a wide range of areas: fatal accidents, employers' liability, occupiers' liability, highway accidents, road traffic accidents, product liability, nuisance, landlord’s liability for defective premises and travel claims.  She represents both defendants and claimants and is happy to consider taking cases on a conditional fee agreement basis.  Jasmine finds the international aspect of the Montreal Convention governing accidents arising out of international carriage by air fascinating and regularly advises well known airlines. Further details are given under the Insurance tab.

Recent Cases:

Warren v NIG [2010] HHJ Birtles, Mayors & City of London Court, 5 July 2010
Kemp & Kemp Volume lll F-10
This case was particularly interesting as the award of damages included a specific award of £250 general damages in respect of lost enjoyment of holidays that the Claimant could not take as a result of her injuries.

T (A Child) v Wooff [2009]  DDJ Gambrill, Mayors & City of London Court, 23 February 2009
Kemp & Kemp Volume IV J-01
Assessment of damages in child case involving facial scarring where an award of PSLA £7,750 was made. Jasmine advised on quantum prior to proceedings being issued and advised rejection of the defendant's offers. In the event the award made beat offers made by both claimant and defendant.

Inquests

Jasmine regularly represents the family of the deceased as well as interested parties at Inquests throughout the country.  Usually brought in to handle difficult situations where civil proceedings may follow, Jasmine is used to dealing with the very sensitive and important issues that are involved.

Recent Work:

Recently, Jasmine represented the family of a man who died in his flat from carbon monoxide poisoning.  The occupant of the flat above also died.  As there was the suggestion that the man had deliberately tampered with his boiler so as to commit suicide this could have meant a finding of unlawful killing in respect of the occupant upstairs.  Eventually no such findings were made by the coroner at the Inquest which took a full day.

Recent Cases:

Inquest into the death of Kate Beasley and others Worthing County Court 20 April 2005
Reported by BBC.

Jasmine represented the parents of one of eight people killed in a major road traffic collision in 2004 and argued for a verdict of unlawful killing.

Professional Negligence

Jasmine has used her expertise in personal injury cases to develop a professional negligence practice with regards to claims arising out of failed or negligently run personal injury actions.

Recent Work:

Jasmine was involved in the litigation known as “Son of TAG” brought by AXA against various firms of solicitors regarding their involvement with Composite Legal Expenses scheme which provided ATE insurance to claimants brining PI cases.

Jasmine was a junior in the defence of a professional negligence case worth over £1,000,000 being brought against a firm of solicitors and counsel.

Professional Indemnity

Jasmine’s expertise in personal injury cases has been picked up by firms instructed by professional indemnity insurers of personal injury solicitors. Her popularity with insurers has led to direct instructions from personal injury solicitors facing claims that fall within their deductible.  Jasmine was also involved with the long-running after the event insurance litigation arising out of the collapse of the Accident Group.

Jasmine regularly argues points of limitation, liability, causation and quantum in respect of professional negligence claims arising out of personal injury claims and is often used to settle letters of response and advise on tactics at an early stage.  

Recent Work:

Jasmine was involved in the litigation known as “Son of TAG” brought by AXA against various firms of solicitors regarding their involvement with Composite Legal Expenses scheme which provided ATE insurance to claimants brining PI cases.

Jasmine was a junior in the defence of a professional negligence case worth over £1,000,000 being brought against a firm of solicitors and counsel.

Insurance

Jasmine has a busy insurance practice specialising in personal injury claims. The Legal 500 lists Jasmine as a leading junior within the field of Personal Injury and describes her as an up and coming performer.

Her particular areas of interest are accidents arising out of international carriage by air and accidents involving the Animals Act 1971.  Jasmine also has expertise in professional negligence, with specific involvement in professional indemnity claims arising out of solicitor’s handling of PI claims.

Jasmine is instructed on behalf of both claimants and defendants and has considerable trial experience in fast track and multi track cases as well as interlocutory applications and inquests.   She can advise in writing as well as in conference and is happy to be involved in negotiations or mediations.

As part of Hardwicke’s regular seminar programme, Jasmine delivers seminars regularly both in chambers and at solicitors’ offices.  Jasmine has also lectured for the Personal Injury Bar Association and for Central Law Training Limited.

Often the recipient of thank you notes from lay and professional clients, Jasmine’s approach has been described by a member of the judiciary as “well-prepared, polished, courteous, concise and persuasive”.

Road Traffic

Jasmine has a wide range of experience of road traffic claims at all the CPR track levels as well as Inquests arising out of fatal road traffic accidents.  As a cyclist herself, Jasmine particularly enjoys taking on claims by injured cyclists. 

Recent Work:

Acting for one of two defendants in fast track trial of liability and quantum involving credit hire and counterclaims, Jasmine managed to argue that some liability should rest with the co-defendant.  She then went on to defeat the co-defendant’s application to introduce a counterclaim, had the claimant’s entire claim for credit hire thrown out and successfully argued the claimant should be restricted to recovering costs as allowed on the small claim track.

Representing a well known television presenter in a multi track case, Jasmine achieved a win on liability (subject to a small deduction for contributory negligence) at trial where the celebrity’s Porsche came off worse in a collision with a builder’s lorry.

Recent Cases:

Cardew v Metropolitan Police [2010]

Jasmine regularly wins cases at trial for cyclists who have been injured on the road.  In this case, funded by a conditional fee agreement, liability was denied when a police car displaying flashing lights and sirens involved in a car chase cut in front of a cyclist and caused him to fall off his bicycle.  Jasmine succeeded in establishing 100% liability against the police at trial and obtained an award of damages for the claimant.  

Akbari v (1) Kahlon (2) Equity Redstar [2011]

Representing the defendants at trial of an RTA claim for damages where the claimant’s credibility was challenged, but fraud was not alleged, Jasmine manage to obtain a good result for the defendant insurer following detailed cross examination of the claimant.  The claimant’s claim for general damages for PSLA was dismissed in its entirety by the district judge and as the claim only succeeded on the vehicle related losses and due to conduct issues the claimant was only able to recover 50% of her costs (before assessment).

Employers' Liability

Jasmine deals with the wide range of accidents which occur in the workplace including occupational illness litigation.  She has a comprehensive knowledge of the various statutory provisions and is used to dealing with accidents arising out of construction work, manual handling, work at height, defective work equipment, dangerous work premises and vicarious liability of other employees.

Recent Work:

Representing a small Welsh supermarket, Jasmine managed to defeat a fast track claim for injuries suffered by an employee when a shelf fell on her whilst at work.

Recent Cases:

Spencer-Franks v Kellogg Brown and Root Limited and others [2008] UKHL46
Jasmine was instructed by one of the Scottish Defendants to collect judgment in the House of Lords in this leading case on the definition of “work equipment” in the Provision and Use of Work Equipment Regulations 1998.

Public Liability

Jasmine has extensive personal injury experience encompassing a wide range of areas involving public liability such as accidents occurring on the highway or Landlord's liability cases.  She represents both defendants and claimants and is happy to consider taking cases on a conditional fee agreement basis.  Jasmine finds the international aspect of the Montreal Convention governing the accidents arising out of international carriage by air fascinating and regularly advises a well known budget airline. She has been involved in cases involving injuries caused by horses and dogs and enjoys picking through the technicalities of the Animals Act 1971.

Recent cases:

Patrick v (1) Purnell Estate Agents (2) Dowson [2010]

Representing the claimant who was injured when a shower screen fell on her foot in rented premises, Jasmine succeeded in establishing liability against the landlord under the Defective Premises Act 1972 at a fully argued trial which resulted in an award of damages for the claimant.

Occupiers' Liability

Jasmine regularly advises claimants and defendants involved in accidents arising out of occupiers’ liability.  She often defends claims brought against a well known chain of bars and restaurants.

Recent cases:

Bartle v Chichester Golf [2011]

The claimant walked into a glass door at the changing rooms of the club and claimed that the club were in breach of the Occupiers’ Liability Act 1957 for failing to make the door more apparent.  At the beginning of the litigation Jasmine was brought in to advise the golf club on liability and evidence.   Jasmine advised that the claim should be defended and represented the defendant at the subsequent liability trial.  Following evidence and argument the circuit judge found that there was no fault on the part of the club and dismissed the claim with costs to the defendant.

Shore v Mill End Club [2011]

Jasmine represented this defendant social club at trial.  The claimant had slipped over in a puddle of liquid at a Christmas party held on the premises.  After hearing evidence and argument the circuit judge dismissed the claim with costs to the defendant on the basis that the defendant’s system of inspection and cleaning was adequate and there was no breach of the Occupiers’ Liability Act 1957.

Product Liability

Jasmine has a particular interest in the strict liability regime imposed by the Consumer Protection Act 1987 and has successfully represented claimants who have been injured by defective products.

Recent Work:

C (A Child) v. H Grossman Ltd (2008)

Jasmine represented a young girl who was injured when she fell off a popular scooter sold by a well known high street chain.  Jasmine was brought in to advise very early on in the case, represented the claimant at all applications and case management conferences, and, despite no offers at all being made by the importer, succeeded at trial on liability.  Despite being allocated to the Fast Track the trial lasted one day, involved oral evidence from the claimant’s expert about toy safety, written submissions on the extent of the Consumer Protection Act 1987 and the defences were ordered, and judgment took another day.   After liability was decided the compromise on quantum was approved at £19,000 which included £2,000 in enhanced interest due to the claimant beating her own Part 36 offer.  Costs were agreed at £32,500 plus interest.

BTE & ATE

Jasmine was involved with the long-running after the event insurance litigation arising out of the collapse of the Accident Group.  Jasmine was involved in the litigation brought by AXA against various firms of solicitors regarding their involvement with Composite Legal Expenses scheme which provided ATE insurance.

Clinical Negligence

Jasmine’s personal injury experience encompasses cases arising out of clinical negligence.  She represents both defendants and claimants and is happy to consider taking cases on a conditional fee agreement basis.

Equine

Jasmine comes from Devon where she spent many years buying, selling and breaking in ponies. She puts her equine background to good use by specialising in cases involving injuries caused by animals, particularly horses and dogs.  Representing both claimants and defendants, she enjoys picking through the technicalities of the Animals Act 1971. Jasmine regularly delivers lectures on the topic to solicitors, insurers and those involved in the equestrian world generally.

Recent Work:

Thompson v Watson (2007)

Jasmine acted for the owners of a previously well trained and well behaved Labrador that, admittedly, had badly bitten the claimant who was employed as a meter reader and had walked up the drive to the house.  Jasmine advised the defendant to defend the case on the basis that, without expert evidence, the claimant was unlikely to satisfy the 3 stage test set out in the Animals Act 1971. The claimant’s claim under the Animals Act 1971 and in negligence was dismissed following a fully argued trial on liability and he was ordered to pay the defendant’s costs.

Recent Cases:

Fry v Morgan [2005] HHJ Yelton, Southend County Court, 1 April 2005
The Animal Law and Litigation Reports, Horse Law July 2005
Reported in Current Law September 2006 Digest 22 and Animal Reports
Jasmine was successful in defending this multi track claim brought under the Animals Act 1971.  The claimant alleged that whilst walking through a field he had been attacked by the defendant’s horse. His claim was dismissed following evidence and argument.