Theo Huckle KC
(1985 | KC: 2011) Door Tenant
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Theo specialises in Complex and Catastrophic Personal Injury, Clinical Negligence, Industrial Disease and Product Liability work.
Theo advises in and conducts cases of high levels of complexity and damages valuation, as well as in test and group litigation, and in appeals. He invariably finds himself acting for Claimants, and likes to think that's because they get first choice. :-)
Theo is fully qualified for and will welcome instructions to advise under the Bar's Direct Access scheme. Please refer to the chambers guide for Public Access clients here.
Theo has almost unparalleled broad experience as a common law barrister specialising principally in the injury claim fields, often with a human rights focus. That experience includes:
More about Theo Huckle KC
His time as a Law Officer has given Theo a highly strategic approach to complex dispute resolution and team leadership.
Theo works digitally and his clerks will be pleased to help you provide instructions/briefs under our fully GDPR compliant service.
As well as what some consider an unusual interest in drafting spreadsheet schedules of loss, Theo likes to undertake a range of interesting cases, particularly those involving novel and complex points, and recent work includes:
Theo believes that seriously injured clients should always be visited by counsel in their homes if possible, and that experts should always be firmly tested in consultation before finalising their reports. If expected to present and argue a schedule of loss in high value cases, he wants to know it inside out and preferably have drafted it himself, or advised in detail upon it before service in its final version.
Theo is happy to help with detailed anticipated fee breakdowns in spreadsheet form to assist with budgeting of complex cases.
He is fully supportive of the growing awareness of Wellbeing issues, and represents PIBA on and is currently Vice Chair of the Bar Council's Wellbeing Working Group.
Theo is both committed to promoting access to justice and (besides his beloved rugby and skiing) loves the sport of rowing (to which he came as a junior and youth rugby player, and he continues to be an enthusiastic sculler), and so was pleased to be invited to become a non-executive board member and trustee of both JUSTICE and Welsh Rowing after a long career being at best reasonably competent in a variety of sports. He is Chair of Welsh Rowing and a member of the Board of British Rowing, and has recently also accepted an invitation to join the Board of Advocate (Bar Pro Bono).
For more information or to get in touch with Theo please contact the clerks room who will be happy to assist you.
Theo is also regularly instructed to conduct test litigation and has particular experience of leading large scale and group litigation, especially through his work on the Parkes v Meridian and Baker v Quantum litigation during 2003-2011; most recently he led in test trials against British Telecoms Plc in Cardiff (Noise Induced Hearing Loss claims re test tone sets including issues of application of Ogden computation to deafness disability cases) and Boots Plc in Nottingham (Work Related Upper Limb Disorder; carpal tunnel syndrome). Theo recently conducted a further test case management appeal in the BT tone set cases concerning the Sheffield County Court’s practice of using Fast Track allocation and restriction of expert evidence in low value Noise Induced Hearing Loss cases: Offermanns & Aspinall v BT [2015]. Further appeal is being pursued with the prospect of detailed guidance being given by the Court of Appeal on critical practice issues for solicitors in group low to midvalue disease claims.
As well as his Medical Claims and Clin. Neg. practice generally, Theo recently conducted two interesting high value Prof. Neg claims against solicitors. The first is for a project engineer who lost his leg after a construction site accident in Scotland, was advised by his English solicitor that he had to issue in Scotland, and the solicitor withdrew without protecting client's position and with limitation period expiring; Theo agreed to act instructed by Nigel Cook of Cooks and the claim was brought successfully in England against the contractors but settled for 60% because of that limitation risk; the Prof. Neg claim against the first solicitor for the balance of 40% was likewise successfully settled. The second case was a claim against the claimant's first solicitor, who allowed the limitation period to expire in one of the Virgin Atlantic beauty therapist cases, of which Theo has handled 6 or 7 to successful conclusions including in 2 High Court trials in 2005: King & Rimmer v Virgin Atlantic [2005]; Evans & Hindmarch v Virgin Atlantic [2011]; Robert Peach of Coffin Mew now instructed as he has done in the rest of that seies of cases and the case
was successfully settled at mediation.
Theo Huckle KC was during 2011-16 the Counsel General for Wales, a statutory member of the Welsh Government and its senior legal advisor and Law Officer. He joined Doughty Street in 2015 and is a Bencher of Lincoln's Inn and General Editor of the Butterworths' Personal Injury Litigation Service.
He began practice at the Bar with a broad based common law practice conducting 12 murder defences before specialising in complex disease cases and latterly also public/constitutional cases, and has great experience of advocacy at every UK level including 5 recent Supreme Court appearances, and in many different tribunals from public inquiry to coroner's court to magistrates, county and crown court, to employment tribunal and EAT, to CICA, to committees of both Commons and Lords, and, of course, to the National Assembly for Wales. He has conducted death-in-custody and child-clinical-negligence inquests, as well as Professor Pennington's 2008 E. coli O157 Public Inquiry.
He is currently advising for an inquest into the death of a handyman, killed when sulphuric acid sink/drain cleaner caused emission of fatal H2S gas, as a precursor to a high value product liability claim for seriously injured family members. Theo has a particular interest in complex medico-legal issues in civil and criminal or quasi-criminal contexts and especially enjoys cross-examining expert witnesses. He is also highly thought of for his empathy with victims of serious/fatal personal injury and their families.
Theo Huckle QC was during 2011-16 the Counsel General for Wales, a statutory member of the Welsh Government and its senior legal advisor and Law Officer. He joined Doughty Street in 2015 and is a Bencher of Lincoln's Inn and General Editor of the Butterworths' Personal Injury Litigation Service.
He began practice at the Bar with a broad based common law practice conducting 12 murder defences before specialising in complex disease cases and latterly also public/constitutional cases, and has great experience of advocacy at every UK level including 5 recent Supreme Court appearances, and in many different tribunals from public inquiry to coroner's court to magistrates, county and crown court, to employment tribunal and EAT, to CICA, to committees of both Commons and Lords, and, of course, to the National Assembly for Wales. He has conducted death-in-custody and child-clinical-negligence inquests, as well as Professor Pennington's 2008 E. coli O157 Public Inquiry.
He is currently advising for an inquest into the death of a handyman, killed when sulphuric acid sink/drain cleaner caused emission of fatal H2S gas, as a precursor to a high value product liability claim for seriously injured family members. Theo has a particular interest in complex medico-legal issues in civil and criminal or quasi-criminal contexts and especially enjoys cross-examining expert witnesses. He is also highly thought of for his empathy with victims of serious/fatal personal injury and their families.
Theo is a dual qualified mediator (ADR and LSOM) and PIcARBS qualified arbitrator and is a member of the www.PIcARBS.co.uk panel of arbitrators. He has particular experience of ADR in personal injury and family property claims and disputes, and given his broad experience of common law (crime, family, tort, contract) and public law, and his strategic role as a Law Officer at ministerial level in the Welsh Government during 2001-16, is happy to assist with disputes across a broad range of specialisms and also those engaging several legal fields.
2018 saw Theo climb Ben Nevis on his birthday, and complete the daunting Big Welsh Swim at Llyn Padarn in the foothills of Snowdon (see here) and look out for him at 2.40! Post Lockdown wild water swim plans include the Lake Bala swim and the 10k “Hurly Burly” swim at Barmouth.
Theo is a keen student of Iyengar yoga.
Having also conducted the trial in 2018, Theo successfully acted for Mr Goldscheider, formerly a world class orchestral viola player, in the Royal Opera House v Goldscheider appeal [2019] EWCA Civ 711, selected as one of The Lawyer's Top 20 Cases for 2019, in which the Court of Appeal upheld in his favour the judgment of Nichola Davies J [2018] EWHC 687 (QB). Mr Goldscheider suffered career-ending noise injury (hyperacusis) during rehearsals for the ROH's 2012 Wagner Ring Cycle, and the case has attracted considerable mainstream media interest in the UK and abroad.
Other appeals are of course less high profile, and under the new rules appeals from first instance decisions of county courts will go to a High Court Judge rather than the Court of Appeal. Theo has good recent experience of these forms of appeal, having been brought in to assist in 2 High Court Clinical Negligence appeals.
[2006] EWCA Civ 1119 [2007] ICR 78 [2007] PIQR P4 (Pill LJ,
Smith LJ, Neuberger LJ) ?Meaning of "work equipment", "for use at work" and "used at work" within the Provision and Use of Workplace Equipment Regulations 1998 and hence applicability of those regulations, and of the Workplace (Health, Safety and Welfare) Regulations 1992, to a defective lift in the common parts of an office building and used by all the tenants and their employees.
[2006] EWCA Civ 775 CA (Ward LJ, Rix LJ, Gage LJ)? Competing duties of employer and site controller when employee carrying out manual handling operation using unsafe walkway. Liability of employer for failure to train employee as to manual handling risks of using unsafe walkways despite being "largely a matter of common sense".
[2004] 1 All E.R. 44 CA [2003] EWCA Civ CA (Potter & Tuckey LJJ, Wall J)?Proper ambit of the Loss of Chance principle (Doyle v Wallace) in personal injury cases.
[2004] EWCA Civ 476; [2004] N.P.C. 59 (Peter Gibson & Tuckey LJJ, Sir Martin Nourse)? Damages assessment in tortious deceit.
[2003] EWCA Civ CA (Ward & Clarke LJJ, Sir Anthony Evans)?Misrepresentation: inducement, reliance and loss issues.
[1998] RTR 374 CA (Otton LJ, Sachs J, HHJ Rivlin) Admissibility of DVLA records and computerised business records.
[1998] CCLR 14, CA (Saville, Thorpe & Judge LJJ)? Consumer Credit Act: Meaning of "Total Amount Payable" and related expressions.
The recent appeal in Paramount Shopfitting Co Ltd v Rix [2021] EWCA Civ 1172 has provided the opportunity to review the law on the interesting question of how the court...
Theo Huckle on the courts’ approach to the reliability of oral witness evidence On 6 April this year, a new practice direction (PD57A) concerning certification of trial witness statements and extended...
The recent judgment of Mann J. in Various Claimants v G4S Plc [2021] EWHC 524 (Ch) (“G4S”) has attracted a great deal of interest, in particular as to two aspects...
No.18 Chambers is delighted to announce that leading Complex Injury silk Theo Huckle QC (Call 1985; QC 2011) has accepted an invitation to join Chambers. Theo specialises in Complex and...
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