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Martin Porter QC
QC: 2006
Call: 1986
Expertise
Clinical Negligence Employment Insurance & Reinsurance Personal Injury Professional Negligence Professional Regulation Public Law
Qualifications
MA Cantab (2:1 in Law)
LLM Cantab (2:1; Firsts in both Public Law papers taken)
Appointments
Secretary of the Specialist Bar Working Party on Clinical Negligence Reform
Legal Assessor for the General Medical Council
Practice Profile
A leading personal injury specialist with particular experience of clinical negligence, industrial disease, brain damage, psychiatric injury and all sports related litigation (particularly involving cycling). He is described by Chambers & Partners 2010 and the Legal 500 2009 as a leading personal injury and clinical negligence barrister.
Martin broadcasts and writes frequently including for BBC's Law in Action, The Times Law Section, New Law Journal, All England Opinion. He has been a member of the Western Circuit since 1987 and appears regularly on all circuits. He also has considerable experience of professional negligence (especially of solicitors and surveyors), nuisance cases (especially subsidence claims) insurance work and public law/human rights.
Martin regularly appears in complex clinical negligence actions, most frequently for the Defendant. He is recommended by Legal 500 as a leading clinical negligence silk with the comment that he is “a regular fixture” in the appellate courts and by Chambers and Partners as bright and adaptable in defending negligent surgery claims.
Martin practised for many years in Employment Tribunals and is now available as leading counsel when the need arises at appellate court level.
Insurance related work particularly relating to the interpretation of PL and EL policies.
A leading personal injury silk with particular experience of high value brain damage cases and industrial disease. With his professional performance noted by the directories for 10 years, Martin was most recently complimented on his "amazing capacity to absorb huge amounts of background information". He has a particular interest in cycling and other sports related claims.
Professional Negligence especially Surveyors and Lawyers.
Public law and Judicial Review with particular interest in the liability of public bodies when exercising their statutory functions.
Notable Cases
Ferguson v British Gas (2009) Court of Appeal. Protection from Harassment.
Slevin v Bennetts (2008) Court of Appeal. Display Screen Equipment Regulations.
Norman v Peterborough Hospital Trust (2008) Late diagnosis of breast cancer.
Brazier v Wolverhamption (2007) Court of Appeal. Loss of future earnings and sick pay.
Conn v Sunderland City Council (2007) Court of Appeal What constitutes harassment?
Daw v Intel (2007) Court of Appeal Stress at Work claim
Smith v Southampton Universities NHS Trust (2007) Court of Appeal. Standard of duty of a surgeon
Corbett v South Yorkshire HA (2007) High Court. Indexation of periodical payments and impact of Working Time Regs on care regimes
Purver v Winchester & Eastleigh NHS Trust (2006) High Court
Keown v Coventry Healthcare NHS Trust (2006) Duty of care owed by hospital to child trespasser
Aer Lingus v Gildacroft (2006) Limitation Period in Contribution Act claims
Thompson v Butler (2005) Court of Appeal. Brain damage following a whiplash injury.
Sheldon-Green v Coventry NHS Trust [2004] High Court (Cord prolapse case for NHSLA)
Elmes v Hygrade Food Products Ltd [2001] EWCA CIV 121 Court of Appeal (Service of Claim Form).
Smith v Wilmslow Court of Appeal June 1999 (Delay in prosecuting inquiry as to damages resulting from injunction)
Kamenou v Pariser TCC January 1999 [1999] 2 AllER 764 (Costs on acceptance of payment into Court and discontinuance)
Yates v Buckley Court of Appeal November 1997 (Discovery and Inspection of documents)
Young v Church Court of Appeal Times 01.05.97 (Liability for nervous shock)
R v Suffolk County Council, ex p Steed Court of Appeal June 1996 [1996] 71 P&CR 463 (Review of local authority's refusal to register land as a town or village green)
Campbell v KCA Drilling Ltd Court of Appeal May 1996 (Appeal of ruling made in the course of trial)
Thompson v Wickens Court of Appeal December 1995 (Automatic strike out) [1996] 1 WLR 561
R v LDDC ex p Tilly Divisional Court January to August 1995 (Liability of planning authority for alleged irregularities in the granting of planning permission)
CME v Taylor Woodrow Official Referee June 1995 (Pursuit of litigation and arbitration in respect of same construction contract)
Goodman v Ryvita Court of Appeal June 1995 (Automatic striking out in the County Court)
Vasey v Surrey Free Inns Court of Appeal May 1995 (Liability of employer for violence of employees) [1996] PIQR P373
Birch v Tesco Stores Court of Appeal May 1995 (Automatic strike out)
Oliver v Monk Court of Appeal November 1994 (Striking out for want of prosecution) [1995] PIQR P465
Yates v Thakenham Tiles Court of Appeal May 1994 (Interpretation of s.33 Limitation Act 1980) [1995] PIQR P135
Gupta v London Borough of Brent Court of Appeal October 1993 (Liability of local authority when exercising its powers under the Housing Acts)
R v Redbridge, ex p Hussein Divisional Court November 1992 & Hussein v Redbridge High Court (Liability of local authority when exercising enforcement powers to collect rates)
Oliver v Richmond April 1992 (Liability of local authority when exercising powers under the Highways Act)
Adams v SEB Court of Appeal September 1993 (Liability of Electricity Board when undertaking electricity supply pursuant to Electricity Acts and Regulations)
Ward v Ritz Hotel Court of Appeal May 1992 (Liability of Occupier to visitor; relevance of Building Regulations) [1992] PIQR P315
Grays Trucks v Olaf Johnstone Court of Appeal January 1990 (Implied term of guarantee in a commercial contract)
Additional Information
Affiliations:
- Member of the Western Circuit
- Member of the Common Law & Commercial Bar Association
- Executive Committee member of the Personal Injuries Bar Association
- Member of the Professional Negligence Bar Association
- Secretary of the Thames Velo Cycling Club
Awards:
- 1984 Postgraduate award from the British Academy
- 1985 Major scholarship from the Inner Temple
Articles:
- "Tangled marriage of Church and State" The Times 13.06.2000.
- "Human Rights One Year On" New Law Journal .09.2001.
- "Reasonable Costs in Insured Conditional Fee Claims" All England Legal Opinion October 2001.
- “Mesothelioma: An Impossible Burden” and “Mesothelioma: The impossible burden lifted” commenting on the Court of Appeal and House of Lords decisions in Fairchild for All England Legal Opinion in 2002.
- Numerous Personal Injury updates in New Law Journal
- "Blame the Victim" March 2009 commenting upon cycle helmets
Broadcasts:
- BBC’s Law in Action February 2005 on Constitutional and Human Rights Law.
Independent Legal Directories:
- Featured in Legal 500 and Chambers Directory each year from 1997 to date (2010) with particular recommendations for judgment and performance in Court.
Interests:
- Cycling - Martin blogs as 'thecyclingsilk'
- Skiing
- Flying (Private Pilots Licence 1989) and Gliding
- Bridge
