Dermod O'Brien QC

QC: 1983  Call: 1962

Mediator

Expertise

Insurance & Reinsurance
International Arbitration & Projects
Personal Injury
Professional Negligence

Appointments

Queens Counsel 1983
Recorder of Crown Court (Western Circuit) 1978 - 2006
Official Referee Recorder (later Deputy TCC Judge)1994 - 2006
Master of the Bench, Inner Temple 1993
Head of Chambers 1999 - 2004
CEDR Accredited Mediator

Practice Profile

Recognised in the latest editions of the Legal 500, and Chambers UK for his knowledge of the motor insurance industry and listed as a leading silk in the field of insurance Dermod's practice includes: policy issues; fires, floods and explosions; technical electrical and mechanical engineering issues. In the field of personal injury he is listed as a leading silk and has been complimented as being an “incredible performer with a first class mind”. He has appeared in numerous cases on behalf of MIB and in cases involving statute and European Community law in relation to motor insurance. He is also instructed in matters of professional negligence (including medical negligence), construction and restitution.

Notable Cases

Restitution

Lipkin Gorman v Karpnale (Playboy Club)[1991] 2 AC 548 (solicitor gambling away clients' money; recovery from recipients; Gaming Acts; negotiable instruments).

Local Authority liabilities:

Bird v Pearce and Somerset CC [1979] RTR 369 (road markings removed; misleading impression to drivers)

Tarrant v Rowlands [1979] RTR 144 (water on road).

Bridges v. Harrow LB (1981) 260 EG 284 (highway tree roots)

Russell v Barnet LBC (1984) 272 EG 699 (highway tree roots)

Hurst v Hampshire C.C. (1997) 96 LGR 27 (highway authority liable for damage to adjacent buildings caused by roots of highway trees; statutory vesting; now the leading case)

Johnson v Bournemouth BC (1992) EGCS 73 (conveyancing – liability of LA for standard form answers to local search)

Walters v Babergh DC 82 LGR 235 (successor authorities)

Rigby v Chief Constable of Northamptonshire [1985] 1 WLR 1242 (police liability for starting a fire when attempting to lift siege of armed intruder in gun shop; duty to take precautions). 

Employers’ and Occupiers’ Liability and breach of statutory duty:

Astell v LTB [1966] 1 WLR 1047 (Building (Safety Health and Welfare) Regulations)

Bux v Slough Metals [1973] 1 WLR 1358 (common law duty to enforce the wearing of goggles exceeds the statutory duty)

Burnett v BWB [1973] 1 WLR 700 (occupier’s exclusion clause; effect on servant visitor who has no choice but to enter)

Makepeace v Evans Bros [2000] BLR 287 (subcontractor’s servant borrows commonplace equipment from main contractor; main contractor not liable for failure to ensure that subcontractor’s servant has been properly trained to use it)

Vahidi v Fairstead House School Trust [2005] EWCA Civ 765 (stress at work; school teacher; school not liable for second mental breakdown)

Animal owners’ liability

Draper v Hodder [1972] 2 Q B 556 (negligence; group of Jack Russell dogs and puppies injure small child) 

Parents' and Teachers' Liability to children:

Surtees v Kingston upon Thames BC [1991] 2 FLR 559 (parents duty to foster child; realistic standards to be applied)

Hippolyte v Bexley LB [995] PIQR P309 (teacher's duty to asthmatic child becoming ill in class; degree of knowledge to be expected of a teacher)

 

Principles of the assessment of damage and contributory negligence:

Lane v Holloway [1968] 1 QB 379 (assault; whether contributory negligence or ex turpi causa are defences)

Payton v Brooks [1974] 1 Lloyds Rep 241 (chattels; damaged car perfectly repaired, whether any diminution in value recoverable)

Taylor v Hepworth [1977] 1 WLR 659 (fire damage to building not in current use; whether reinstatement or diminution in value is correct measure; principles to be applied)

Fitzgerald v Lane [1987] 1 QB 781 (RTA: principles to be applied to apportionment of contributory negligence where there is more than one defendant)

Morales v Eccleston [1991] RTR 151 (RTA: contributory negligence of child)

Vernon v Bosley (No1) [1997] 1 AER 577 (nervous shock)

Heil v Rankin [2001] Q B 272 (general damages: revision of guidelines; effect of Law Commission Report No.257) 

Professional Negligence:

Wharf Properties v Eric Cumine Associates [1991] 2 HKLR 6 (architects liability; plot ratio, failure to design to the full potential of the site; Hong Kong building law) 

Insurance policy interpretation:

Pleasurama v Sun Alliance [1979] 1 Lloyds Rep 389 (fire policy; reinstatement or diminution in value).

Nittan UK v Solent Steel [1981] Lloyds Rep 633 (fire policy)

Rowlinson Construction v Insurance Company of North America [1981] 1 Lloyds Rep 332  

Compulsory motor insurance

Dunthorne v Bentley [1996] PIQR 323 (Road Traffic Act 1988 s.145 meaning and scope of “injury..caused by or arising out of the use of the vehicle..”)

Wake v Page and Wylie(SMP Motor Policies at Lloyds) [2001] PIQR P186 (Road Traffic Act 1988 s.152; Part IV insurer must have notice; principles to be applied)

Inman v Kenny [2001] PIQR P256 ( meaning of “road” in Road Traffic Act 1988; Motor Vehicles (Compulsory Insurance) Regulations not retrospective)

Bretton v Hancock [2006] PIQR P1 (extent of Monk v Warbey liability for failing to insure) 

Practice and Procedure and Limitation of Actions

Sweeny v Sir R. McAlpine [1974] 1 WLR 200 (striking out)

Allen v Jambo [1980] 1WLR 1252 (Mareva injunction in personal injury case)

Rastick v Crickmore & Ors. [1994] 1 WLR 420 (County Court Rules)

Costello v Somerset C.C [1993] 1 WLR 256 (striking out; still a leading case)

Lawson v Midland Travellers [1993] 1 WLR 735 (setting aside service of proceedings; waiver)

Talbot v Berkshire C.C [1994] Q.B 290 (cause of action estoppel; where the claimant could have included his claim in previous proceedings; rule in Henderson v Henderson)

Vernon v Bosley [1994] PIQR P337 (Court of Appeal intervening to prevent trial Judge restricting cross-examination)

Gardner v Southwark LBC & Ors. [1993] 1 WLR 561 (County Court Rules)

Hartley v Birmingham City DC [1992] 1 WLR 968 (limitation period only just exceeded; claimant’s solicitors at fault; discretion)

Vernon v Bosley (no2) [1997] 3 WLR 683 (disclosure; duties of counsel not to allow the court to be misled; facts occurring and documents created after evidence but before judgment; counsel’s duty to advise disclosure)

Oliver v Cox [1997] PIQR Q133 (striking out)

Carlson v Townsend [2001] PIQR P346 (instruction of a mutually agreeable expert under the Pre-Action Protocol does not lead to waiver of privilege)

Horton v Sadler [2007] A C 307 ( House of Lords overruling its own decision in Walkley v Precision Forgings; Limitation Act 1980 s.33 discretion to disapply s.11)

Moore v Secretary of State for Transport [2007] PIQR P348 (limitation period in a Francivich action for alleged failure to implement an EU Directive, where the damage claimed is the inability to recover damages for personal injury suffered in a motor accident, runs from the date of the accident).  

Costs:

Hobbs v Marlowe [1978] AC 16 (subrogation: knock for knock agreements; abuse of process to commence proceedings for more than the claimant can recover for his own benefit so as to increase the recoverable costs)

Legal Aid Board v Russell [1991] AC 317 (interest on costs after payment into Court)

Orchard v SEEB [1987] QB 565 (claimant pursuing a hopeless case on legal aid; solicitors possible liability for costs) 

Landlord & Tenant Act 1954 Part II:

Heath v Drown (1972) AC 498 (section 30(1)(f) new lease granted where landlord could carry out necessary repairs under reservation in lease and therefore did not require possession in order to carry them out) 

Motor Insurers' Bureau Cases:

Silverton v Goodall and MIB [1997] PIQR 451 (Uninsured Drivers Agreement, clause 5; Second Council Directive 84/5 EEC)

Cambridge v Callaghan and MIB [1997] RTR 365 (Uninsured Drivers Agreement, clause 5)

Evans v MIB [1997] The Times 10 November (Untraced Drivers Agreement, interest not payable by MIB on award; Second Council Directive 84/5 EEC

Mighell v Reading and MIB, White v White and MIB, Evans v MIB [1999] 1 CMLR 1251; [1999] Lloyd’s Rep I R 30 (Uninsured Drivers Agreement, Clause 6(1)(e); Second Council Motor Insurance Directive 84/5 EEC Art 1(4); the Directive does not have direct effect; MIB is not an emanation of the UK State)

White v White [2001] 1 WLR 481 (HL Uninsured Drivers Agreement to be interpreted in the light of the Second Directive; “knew or ought to have known” does not encompass mere negligent oversight)

O'Mohoney v Joliffe and MIB (1999) RTR 245 (Uninsured Drivers Agreement 1972 when a passenger may also be a user of the vehicle)

Evans v Secretary of State for the Environment Transport and the Regions and MIB Case C63/01 ECJ [2004] 1 C M L R 47; [2004] Lloyds Rep I R 391 (Francovich action against the UK; whether Art 1(4) of the Second Directive can be implemented by means of the  Untraced and Uninsured Drivers Agreements)

Byrne v MIB and Secretary of State for Transport [2008] Lloyds Rep IR 469 (child injured by untraced driver; requirements of the Second Directive; failure to implement by means of the Untraced Drivers Agreement; Secretary of State liable for Francovich damages; MIB not required to comply with the Directive)   

Judicial Review:

R v St Pancras Coroner’s Court exp. Higgins (1988) 152 JP 637 (RTA; finding of manslaughter against driver set aside)

R v Suffolk Country Council exp Steed (1995) 70 P& CR 487 (Commons registration)

Additional Information

Affiliations:

• Western Circuit
• London Common Law and Commercial Bar Association
• Personal Injury Bar Association
• Technology and Construction Bar Association.

 

Awards:

• Inner Temple Major Scholarship 1961.