Jasmine Murphy

Call:2002

Introduction and Contact details

Following a successful pupillage at Hardwicke Building in 2002 and 2003, Jasmine has developed a busy Personal Injury and Professional Negligence practice

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234

Email: jasmine.murphy@hardwicke.co.uk

INSURANCE

Jasmine has a busy insurance practice specialising in personal injury claims.  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 the 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 is due to speak at Central Law Training Limited conferences this year.
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”.

Personal Injury

Jasmine has extensive personal injury experience encompassing a wide range of areas: fatal accidents, employer’s liability, occupier’s 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 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 Work

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.

Jasmine currently represents a young man who suffered very serious injuries in a car crash which killed the 3 other occupants of the car.
The matter is ongoing and involves issues of capacity and contributory negligence as well as valuing his complex physical and psychological injuries.

Acting for a defendant householder who was sued in nuisance for allowing ivy to grow over her garden wall and obstruct the pavement, allegedly causing the claimant to fall into a tree pit in the pavement.  Jasmine robustly cross examined the claimant at trial and exposed the numerous and significant discrepancies in her case eventually causing the claimant to admit that what she told the medical expert “doesn’t have to be truth”. The claim was subsequently dismissed with costs. 

Recent Cases

Chatburn v Spicer [2007] DDJ Pithouse, Maidstone County Court, 5 May 2007
Lawtel Doc No. AM0201108
Representing the Defendant, Jasmine successfully argued that the Claimant should only receive fixed predictive costs and the Defendant should receive its costs of the litigation due to the conduct of the Claimant’s solicitor.

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.

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.  She regularly deals with cases involving credit hire representing both claimants and defendants and also gives seminars on the topic.

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.
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.

Employers

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

Jasmine is currently representing a member of cabin crew who suffered a serious head injury whilst at work on board an aircraft operated by a leading international airline.
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 and arising out of activities.  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.

Occupiers

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 Work

Jasmine represented the organisers of Bristol’s Ashton Court Festival who were sued by a festivalgoer that had broken his leg when leaving the festival site in the dark.  Jasmine advised that the matter be defended with no offers made.  At trial the Circuit Judge dismissed the claim on the basis that it was just an accident and no liability rested with the organisers.
After giving advice that the defendant should fight the claim, Jasmine represented a working men’s club who were being sued by a member who had tripped and fallen over a single step in the bar.  Following a fully argued trial the claim was dismissed.
Jasmine’s advice on liability and quantum to a television sports commentator who was injured in an accident at a hotel led to a very good settlement.

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. 

Recent Work

At the moment Jasmine is involved in the current litigation 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. 

Firms that issued claims in time but served them out of time used to be caught by the principle set down in Walkley v Precision Forgings Ltd [1979] and were usually found to have acted negligently. Following the change of the law in Horton v Sadler [2006] Jasmine successfully advised one firm facing two large professional negligence claims in relation to limitation and whether it could be alleged that a claimant had failed to mitigate loss if he did not take advantage of the change in the law, pursue the original defendant and make an application under s.33 of the Limitation Act 1980 to have limitation disapplied.

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

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

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. 

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

Jasmine represented the family of a 15 year old girl who died while on a school skiing holiday of meningococcal septicaemia.  The family wanted the issue of neglect by the school to be raised at the Inquest.

In 2007 Jasmine represented a nursing home at the Inquest of one of their residents who died after a fall.

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

At the moment Jasmine is involved in the current litigation 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.

Firms that issued claims in time but served them out of time used to be caught by the principle set down in Walkley v Precision Forgings Ltd [1979] and were usually found to have acted negligently. Following the change of the law in Horton v Sadler [2006] Jasmine successfully advised one firm facing two large professional negligence claims in relation to limitation and whether it could be alleged that a claimant had failed to mitigate loss if he did not take advantage of the change in the law, pursue the original defendant and make an application under s.33 of the Limitation Act 1980 to have limitation disapplied.

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

BTE and ATE

Jasmine was involved with the long-running after the event insurance litigation arising out of the collapse of the Accident Group.  Jasmine is currently involved in the current 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.