Roger Harris

Call: 1996

Expertise

Clinical Negligence
Personal Injury
Insurance
Property Damage

Practice Profile

 

Roger is an experienced advocate who specialises in clinical negligence, personal injury and insurance. He is also frequently instructed in litigation relating to animals. He is recommended as a leading personal injury junior in both the Legal 500 and Chambers and Partners.

Chambers and Partners 2010:   “The ‘technical and precise’ Roger Harris is ‘everything that a leader would want from a junior barrister.’ He is much sought after for claims involving accidents caused by animals and for handling farming matters generally.”

 

Clinical Negligence

Substantial experience of claims related to obstetrics and gynaecology (e.g. cord prolapse, chronic partial hypoxia; acute profound hypoxia; Erb’s palsy), neonatology (e.g. treatment of hypoglycaemia; circulatory collapse following damage to catheter); gastroenterology (e.g. failure to diagnose ulcerative colitis; incorrect diagnosis of invasive carcinoma); paediatrics; orthopaedics; mental health (including the management of patients with suicide ideation); MRSA and general practice. Notable cases include:

·   Randell v Abertawe Bro Morgannwg University NHS Trust (2009)

[MRSA following treatment]  

·   Knight v East of England Strategic Health Authority [2008] EWHC 744 (QB)

[Cerebral palsy following alleged hypoglycaemia]

·   Antoniades v East Sussex NHS Trust [2007] EWHC 517 (QB)

[Cerebral palsy following failed resuscitation]

·   Garland v North Bristol NHS Trust (2006) QBD

[Cerebral palsy arising out of perinatal care]

·   Re Lee Cleal (2006)

[Suicide of a patient in a psychiatric ward].

 

Personal Injury

Practice includes all aspects of personal injury litigation, including claims arising from stress at work; bullying, harassment and assaults; industrial disease (WRULD; deafness; asthma; cancers); manual handling and other work place accidents including fatal accidents; sporting accidents; Animals Act cases; catastrophic injuries; accidents abroad and HSE prosecutions. Notable cases include:

·   Qamili v Holt [2009] EWCA Civ 1625

[CA decision that driver not at fault for colliding with pedestrian he had not seen]

·   Rossi v Walton Centre for Neurology and Neurosurgery NHS Trust (2008) QBD

[£5 million claim by consultant neuropathologist arising out of alleged bullying at work]

·   Rhodes-Hampton v Worthing and Southlands Hospitals NHS Trust [2007] EWCA Civ 1202

[Nurse assaulted by patient following general anaesthetic]

·   Irvine v Commissioner of the Police of the Metropolis [2005] PIQR P11

[Application of Workplace Regulations]

·   Bennetts v Ministry of Defence [2004] EWCA Civ 486

[The meaning of ‘risk’ within the Manual Handling regulations]

·   Mattis v Pollock [2003] 1 WLR 2158 (CA)

[Vicarious liability of nightclub owner for assaults carried out by bouncers]

·   Barry v Ablerex [2001] EWCA Civ 433

[An important decision on 24 hour care]

 

Animal related litigation

Frequently instructed in claims relating to damage inflicted by or to animals under the Animals Act; insurance policy issues arising out of such claims and product liability issues relating to feeds etc. Notable cases include:

·   Benson v Shillam (2009)

[Vicarious liability under the Animals Act]

·   Snowdon v Equine and Livestock Insurance Co Ltd (2008)

[Application of self-canceling clauses in household and specialist equine insurance policies]

·   Cracknell v Lanehouse Equitation Centre (2008)

[Serious injury to novice rider in riding school – Animals Act and negligence]

·   Hawes v East Essex Hunt (2007)

[Claim for stress induced pneumonia in cows after hunt passed through farm].

·   Lukins v Freeman (2007)

[Hunting accident – Animals Act; negligence]

·   Barsi v Major (2005)

[Hunting accident  - acceptance of risk]

·   Vaughan v RD Chesters Ltd (2005)

[Alleged contamination of sheep feed leading to death of Texel lambs].

 

Insurance

Pursuing and defending litigation against insurers arising out of fires etc. often involving allegations of fraud arson, material non-disclosure and breach of warranty/condition. Policy interpretation and construction. Disputes concerning status of employees and resultant insurance implications. Property damage claims, flood cases; motor insurance & claims relating to the MIB. Recent cases include:

·   Rose v Dengie Crops Ltd (2009)

[Claim arising out of a fire in a barn – including allegations of negligent misstatement]

·   NFU Mutual Insurance Society Ltd v Environmental Reclamation Ltd (2008) (Comm Ct)

[Material non disclosure of criminal record and bankruptcy]

·   Snowdon v Equine and Livestock Insurance Co Ltd (2008)

[Application of self-canceling clauses in household and specialist equine insurance policies]

·   HH Robertson Ltd v Axa General Insurance Ltd [2003] EWHC (QB)

[Whether entitled to indemnity under public liability or employers liability policies]

Additional Information

Associations:

·   Personal Injury Bar Association

·   Professional Negligence Bar Association

·   London Common Law and Commercial Bar Association

·   Member of the Western Circuit  

Publications:

·   ‘A breed apart – Animals Act decisions’ New Law Journal (July 2008).

·   ‘Employer’s vicarious liability for revenge attack’ - All England Legal Opinion (September 2003)

·   Numerous book reviews for the New Law Journal

Various Personal Injury Updates for the New Law Journal