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Charles
Bagot

"...probably a future silk... very good at making complex things straightforward and explaining it to the client" - Chambers UK, 2014

Year of call: 1997

Introduction

Charles is a specialist barrister in the fields of personal injury, clinical negligence, civil procedure and related insurance issues. He sits as a Deputy Queen’s Bench Master in the High Court and as a Deputy District Judge in the County Courts on the South Eastern Circuit and is an appointed panel member of the Bar Disciplinary Tribunal.

Charles has been recommended for the past 12 years in the legal directories The Legal 500 and Chambers UK. He is currently ranked in the top band of the leading juniors in personal injury law in both directories.

Charles’ practice is in acting for Claimants and Defendants in high value claims usually arising from catastrophic brain injuries, spinal fractures and amputations as well as having a particular specialism in secondary victim litigation and fatal accident claims. He represented the successful Appellant/Defendant in the notable secondary victim appeal to the Court of Appeal: Taylor v A.Novo (UK) Ltd [2014] QB 150; [2013] Med LR 100; [2013] PIQR P15; [2013] EWCA Civ 194. He successfully defended the NHS Trust in the first application of Taylor v Novo in the clinical negligence field (death in utero) in Wild v Southend  Hospital NHS Trust [2014] EWHC 4053 (QB). He has a track record of successful summary judgment applications for Defendants in secondary victim claims including Berisha v Stone Superstore [2014] LTL 18 December.

He also has a niche practice in procedural law. He has recently been successful in having a ‘second action’ struck out as an abuse of process following the failure of a first action for procedural default; the claim was pleaded at £2m. He is lead Counsel for the Appellant (leading Jasmine Murphy) in the Court of Appeal for a forthcoming second appeal (permission granted) regarding whether it is an abuse of process to reissue a second claim where a first claim has been struck out for breach of an unless order: Padley v CDI Anderselite.

He also has extensive experience of clinical negligence claims for Claimants and Defendants in a wide range of clinical fields, particularly those resulting in fatalities, maximum severity consequences and loss of sight. His cases include a death resulting from delayed cancer diagnosis, acting for dependants with novel quantum issues from complex family relationships; a series of loss of sight cases from optical negligence at a major high street opticians; and secondary victim claims arising out of birth injuries, suicide attempts and other negligence. He has advised the NHSLA on strategic issues including cancer drugs trials.

He is sought after by insurers for cases where fraud and exaggeration are suspected in high value injury claims. Charles frequently acts for insurers internationally as well as for domestic insurers in cases with cross-border issues such as incidents abroad or Claimants based abroad. He has advised major offshore insurers in various high value injury cases being litigated in the Caymans, Bermuda the Bahamas and Gibraltar respectively and was instructed as lead Counsel for an application for permission to appeal to the Privy Council on a procedural/strike out issue.

Charles is on the Editorial Board of Kemp & Kemp: the Quantum of Damages and also the Personal Injuries and Quantum Reports. He is an accredited advocacy teacher for the Inner Temple. He regularly delivers seminars to Solicitors, Insurers and at major events for PIBA, APIL and AvMA. He has authored numerous articles including recently in the Solicitors Journal, New Law Journal, Journal of Personal Injury Law and the Times.

He is a fluent French speaker and has been instructed in cases involving a French theme/ French documents.

He is a keen open water swimmer and relay triathlete and successfully swam across the Solent in 2014 raising £2.5k for the Samaritans and round the Needles headland in 2015. Given those sporting interests and experience he is regularly instructed in cases for sportsmen and women from the world class to the recreational.

Qualifications

  • LLB Law with French (Leicester); & Dip E.J.F.: Diploma in French Law (Lyons)
  • Deputy District Judge
  • COIC Bar Disciplinary Tribunal
  • Deputy Queen's Bench Master

Professional Associations

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

Publications 

The tide turns on NHS ‘secondary victim’ claims – The Times, July 2015