PETER SMITH

 

Call 1988 Inner Temple

MA LLB (Hons)

psmith@deanscourt.co.uk

Personal Injuries 

Employers’ Liability
Occupier’s Liability
Highways/Public Liability
General Common Law
Road Traffic (not including LVI or Credit Hire)

Health & Safety

Corporate Defence in Health & Safety Prosecutions and Enforcement
Corporate Manslaughter
Abuse of Process
Regulatory
Inquests

 

Areas of Practice 

Peter undertakes predominantly defendant insurance work covering employers’ liability, local authority, public liability, highways litigation, road traffic, inquests and corporate defence in HSE prosecutions and enforcement. Whilst he is very competent across all areas of his practice, he excels on issues of liability, procedure and tactics.

His corporate defence work covers a vast number of industries and organisations, regularly advising and representing in construction industry and chemical industry accidents, fatal accidents and traffic management systems cases.

He specialises at inquests and abuse of process matters relating to delay, proportionality, public interest and Article 6 issues; together with evidential sufficiency in dismissal applications. Peter works well within a team environment and understands the needs of the client.

The Legal 500 recognise Peter as being regularly instructed in Health and Safety matters.



Peter’s client list includes:-

 

CASES AT COURT OF APPEAL LEVEL 

Walker v. Wabco Automotive [1999] CA. Vibration induced carpal tunnel syndrome by hand held vibrating tools. Case covered duty, breach, foreseeability, admissibility of expert evidence and the weight to be attached to HSE Guidelines. He was instructed for the successful defendant.

Hurd v. Sterling Group Plc [1999] CA. First case to come before the court post CPR. It concerned the admissibility of expert evidence on liability issues and the duty of experts. He was instructed for the successful defendant/respondent.

Moss v. Dixon [1998] CA. Liability of pedal cyclist and the interpretation of the Highway Code. It involved signalling; contributory negligence and liability generally. He was instructed by the successful respondent.

Babbings v. Kirklees MBC [2004] EWCA Civ 1431. Peter was instructed in the trial at first instance when he successfully defended the local authority against a claim by the claimant who suffered a significant arm injury during a gymnastics class at school. The court did not call upon Peter to attend the claimant’s oral application for permission to appeal; subsequently dismissed.

Gawler v. Raettig [2007] EWCA Civ 1560. This case changed the law in relation to academic appeals previously only entertained by the CA in matters of public law. The Master of the Rolls held that in certain circumstances, the court had jurisdiction to hear private law cases by way of academic appeal providing that there was a sufficient public interest element involved.

Most recent publication: [2009] JPIL 41

NON CASE SPECIFIC 

Peter has and continues to provide papers and seminars to clients on a variety of topics and has lectured on the BVC at Manchester Metropolitan University.

PROFESSIONAL ASSOCIATIONS 

Health & Safety Law Association (HSLA)

Personal Injury Bar Association (PIBA)