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Bernard Pressman

  • Personal injury & Clinical negligence  

    Personal injury & Clinical negligence

    Bernard's practice covers all areas of personal injury, most usually:

    Fraud:

    Bernard is regularly instructed by Insurers wishing to expose fraudulent claims, particularly concerning RTAs and has an excellent success rate. Bernard routinely provides realistic advice on prospects. Bernard enjoys much success in exposing LVI/exaggerated claims; induced accidents; staged/contrived accidents; phantom passengers, etc.

    Industrial Disease:

    Bernard has significant experience in industrial disease claims, encompassing expertise in the following areas, with a particular focus on deafness:

    • Asbestosis and asbestos related lung cancer and mesothelioma
    • Asthma and other respiratory conditions
    • Cumulative back injury
    • Deafness
    • Dermatitis
    • Repetitive Strain Injury
    • Rhinitis
    • Stress and bullying in the workplace
    • Upper limb disorders
    • Vibration White Finger (VWF) and Hand/Arm Vibration Syndrome (HAVS)


    Bernard’s extensive experience of fraud across PI is of great assistance when defending suspicious claims.

    Road Traffic:

    Bernard has extensive experience across all types of RTA claims, from low-level Fast Track cases to multiple-claimant Multi Track cases.

    Employers' Liability:

    Bernard is regularly instructed in this field, both for Claimants and Defendants. Typical cases include defective equipment, slips and trips, machine injuries (including those leading to amputation), lack of training, poor/lack of risk assessments.

    Public Liability/Highways Act:

    All kinds of occupiers’ liability claims, slips and trips on highways and in shops etc.

    Animals:

    Claims under the Animals Act 1971 and at common law.

    Clinical Negligence:

    Claims involving injury in utero and/or at birth, and surgical errors and omissions.

    Fatal Accidents:

    Attendance at the Coroner's Court; representation on behalf of the dependants and the estate.

    Professional Negligence:

    Acting for and against Solicitors and Insurers in claims arising out of PI & Medical cases.

    News & Resources

    No Fixed Costs on the Personal Injury Multi-Track

    Over the last year or two a common issue in regards to costs in RTA litigation has presented itself at the allocation stage: whether the fixed costs regime continues to apply to a case which no longer continues under the RTA Low-Value Personal Injury Protocol but is allocated to the multi-track after being issued under Part 7.

    16th November 2016 Read more

    Fixed Costs v Indemnity Costs

    Last week, the Court of Appeal, in the conjoined appeals of Broadhurst & Taylor v Tan & Smith [2016] EWCA Civ 94, settled the argument over which type of costs were applicable in the situation where,...

    29th February 2016 Read more
  • Costs  

    Costs

    Bernard has a particular interest in costs and his advice and representation are regularly sought in this regard.

    He is regularly instructed to attend both summary and detailed assessment of costs hearings; at County Courts and at the Supreme Court Costs Office.

    Bernard is happy to review costs schedules and to consider offers made (or levels of offers to be advanced) early in costs proceedings as well as providing strategic advice on the use of Part 36 offers.  He provides accurate and realistic advice on the level of costs that the receiving party can expect to recover.  This has proved to be invaluable to many clients, both paying and receiving parties. Timely advice can enable avoidance of the onerous costs of an assessment hearing, or indeed can assist recovery of the costs of the assessment hearing where costs have not been agreed.

    On a more informal level, due to his plethora of experience in courts across all of England and Wales, Bernard is often able to advise on the "nature" of a particular court or even a particular judge, in the context of costs assessments.  This skill has proven to be most useful in securing the best possible costs outcome for his clients, whether in settlement with his opponent, or by insisting upon an assessment by the judge.

    News & Resources

    Security for costs

    Discussion of Huscroft v P&O Ferries Ltd [2010] EWCA Civ 1483, published in the New Law Journal and Butterworths' Civil Costs Newsletter

    6th August 2011 Read more
  • Commercial  

    Commercial

    Bernard has an extensive commercial litigation practice and often appears in county courts all across England and Wales as well as in the High Court.

    Bernard is able to act in and advise upon matters including:

    • Sale and supply of goods and services
    • Insolvency
    • Agency
    • Debt recovery
    • Insurance
    • Professional Negligence
    • Jurisdictional disputes
    • Company disputes
    • Credit hire

    News & Resources

Profile

Bernard's practice extends over the full breadth of PI and commercial claims. He is very experienced in RTA fraud claims and is well known for achieving results through exceptional cross examination. Bernard is happy to provide a proficient assessment of a case at any point in proceedings. Bernard also has experience in pursuing and defending clinical negligence claims and professional negligence claims, principally evolving from PI & Medical claims. Bernard's practice is equally split between Claimant and Defendant work, thereby bringing useful experience to any claim. Bernard has a reputation for being a thorough and effective advocate. He is also able to provide formal advice and pleadings on an urgent basis. Bernard is frequently to be found in County Courts and High Court Justice Centres across the jurisdiction and also appears before the Court of Appeal.

Bernard is able to accept instructions by Direct Access.

Talks

Bernard delivers talks to various firms and organisations, accredited for CPD. Most recent talks have been advising Defendant solicitors and Insurers on how best to maximise prospects of success in fraudulent claims.

Other regular talks include "The Art of Part 36 Warfare"; "Keys to the Assessment of Quantum" and "The Successful Recovery of Costs". He also lectures in general advocacy skills and was part of a team from Lamb Chambers that delivered a course on advocacy within arbitration proceedings to the Malaysian Bar in Kuala Lumpur.

Further information

Qualifications

  • Bar Vocational Course, Inns of Court School of Law, London, 'Very Competent' - 2nd in year for Civil Litigation
  • Recipient of the Domitius Ulpianus Scholarship Award
  • LLB (Hons); LLM Corporate & Commercial Law, King's College, London

Memberships

  • The Honorable Society of the Middle Temple
  • PIBA

Interests

Bernard enjoys travel, film, cooking, football, cricket, tennis and chess.

News & Resources

No Fixed Costs on the Personal Injury Multi-Track

Over the last year or two a common issue in regards to costs in RTA litigation has presented itself at the allocation stage: whether the fixed costs regime continues to apply to a case which no longer continues under the RTA Low-Value Personal Injury Protocol but is allocated to the multi-track after being issued under Part 7.

16th November 2016 Read more

Fixed Costs v Indemnity Costs

Last week, the Court of Appeal, in the conjoined appeals of Broadhurst & Taylor v Tan & Smith [2016] EWCA Civ 94, settled the argument over which type of costs were applicable in the situation where,...

29th February 2016 Read more

Security for costs

Discussion of Huscroft v P&O Ferries Ltd [2010] EWCA Civ 1483, published in the New Law Journal and Butterworths' Civil Costs Newsletter

6th August 2011 Read more
Bernard Pressman


View all Areas of expertise

Year of Call 2004

Email

bernardpressman@lambchambers.co.uk

Contact clerk

Cliff Alderson

020 7797 8303

VAT Reg No

940571038

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