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John Cherry QC

  • Personal Injury and Clinical Negligence  

    Personal Injury & Clinical Negligence

    John’s Personal Injury practice has, over the years, been wide ranging from Employers' Liability cases of all kinds to Road Traffic cases, many of them resulting in the most severe injuries. His Professional Negligence practice has involved accountants, surveyors, the medical profession and solicitors. His Clinical Negligence practice has varied between birth injuries through to poor treatment of the more senior citizens. There have been a significant number of multi-million pound claims in both the personal injury and clinical negligence fields. He appears for both Claimant and Defendants and accepts instructions under Conditional Fee Agreements in appropriate cases.

    Related cases of interest

    South v Tesco Stores Ltd (HC) (2008) — Substantial claim for damages arising from minor accident; complex issues of causation and remoteness.

    Bluett v Suffolk County Council and Ors (2004) EWCA Civ 1707 — In establishing whether there is a prima facie cause of action to be pursued to trial, the court in an interlocutory hearing should not conduct a mini-trial.

    Lonergan v Papis (1997) EWCA Civ 999 (Deputy Judge Anthony Machin and Court of Appeal) — Appearing for Defendant. Plaintiff's claim considered to be dishonest; not called upon in Court of Appeal.

    Rastin and Ayres v British Steel (1994) 1WLR 732 CA — Jurisdiction of Court to reinstate case despite expiry of time to apply for hearing date under Automatic Directions.

    Thomas v Bunn and Lea v British Aerospace (1991) AC 362 (HL) — Interest on Judgment payable only when Damages are assessed, not from date of Judgment.

    Mills v London Fire and Civil Defence Authority (Peter Pain J) — Entitlement to claim for loss of congenial employment.

    Insall v Burroughs CA — Exceeding speed limit is not in itself negligent.

    Holden v White [1982] QB 679 (CA) — Occupiers Liability Act, 1957 -restriction of common duty of care to exclude person on land pursuant to legal right but without the consent of the occupier.

    Gibbons v London Borough of Greenwich and Others Weller (Third Party), CA — Limitation Act 1975 - Joinder of Third Party as additional Defendant out of time.

    Liff v Peasley [1980] 1 All ER 623 (CA) — Joinder of Defendant after expiry of limitation period.

    Southgate v P.L.A. (Ashworth J (affirmed on appeal to the Court of Appeal)) — Claimant should not be penalised in quantum for following his own doctor's advice.

    Related publications

    Member of the working party which produced the original first two editions of the Ogden Tables
    John was a member of the working party responsible for the Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases from its inception until publication of the 10th Edition in 2010.
    John advised the Ministry of Justice of Finland about the Guidelines, their style and content. Following his advice, the first edition of their own Guidelines in Finland was published in 2008.

Profile

Practising at the Bar for over 50 years and having initially built up a thriving criminal practice, John turned to civil work and, for the last nearly 40 years has worked almost exclusively in the fields of personal injury, clinical negligence and professional negligence, accepting instructions for both Claimants and Defendants.

John was appointed Queen's Counsel in 1988. He was a Recorder of the Crown Court from 1984 to 2003, a Member of the Criminal Injuries Compensation Board from 1988 to 2002 and a Legal Member of the Mental Health Review Tribunal from 2002 to 2007. He was Head of Chambers at 8 Stone Buildings from 1966 to 2004 and was Head of Chambers at Lamb Chambers from 2004 to May 2014.

Further information

Qualifications

  • Called to the Bar by Gray's Inn in November 1961, appointed QC in 1988.
  • Cheshunt Grammar School and Council of Legal Education

Memberships

  • South Eastern Circuit

Interests

Rugby, cricket, theatre, food and wine, and travel.

News & Resources

John Cherry QC


View all Areas of expertise

Year of Call 1961, QC 1988

Email

clerksroom@lambchambers.co.uk

Contact clerk

Philip Alden

020 7797 8301

VAT Reg No

243650964

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