Photo of Andrew Bershadski

Andrew Bershadski

Call 2010

abershadski@2tg.co.uk

+44 (0)20 7822 1200

Practice Overview

Andrew specialises in clinical negligence, personal injury, property damage, professional negligence and employment work.

He was led by Caroline Harrison QC in the recent Privy Council case of Kamal Williams v Bermuda Hospitals Board [2016] UKPC 4, in which the Board considered the law of causation in tort, and the important doctrine of material contribution in particular. Andrew made submissions to the Board on the law of commonwealth in this area, which can be watched at https://www.jcpc.uk/watch/jcpc-2014-0110/181115-pm.html (starting at 15:30).

Before joining 2TG, Andrew worked as an assistant to the Editor of Criminal Law Week and Archbold: Criminal Pleading, Evidence and Practice. In 2010, Andrew undertook a 6-week internship at the Texas Defender Service, a capital defence charity based in Austin, Texas.

Andrew is a native Russian speaker.

Employment

Andrew is developing an Employment practice and is regularly instructed to appear in the Employment Tribunals. He has undertaken a number of investigations on behalf of employers faced with allegations of absenteeism, bullying and harassment by employees. Andrew undertakes merits assessments of claims, and regularly drafts ET1s, ET3s and discrimination questionnaires.

During pupillage, Andrew assisted Helen Wolstenholme, Niazi Fetto and Rehana Azib in preparation for Employment Tribunal hearings and a successful appeal to the Employment Appeals Tribunal. He assisted in drafting submissions that resulted in the granting of an extended Restricted Reporting Order.

Personal Injury

Andrew appears regularly in trials, disposal and interim hearings in personal injury matters. He is developing a busy advisory practice in occupiers’ liability, highway and employers’ liability cases. He has recently given a seminar on the operation of the Occupiers’ Liability Acts 1957 and 1984, with a focus on practical steps in defending claims brought under those Acts. Andrew has experience of jurisdictional issues in personal injury cases, and in claims brought under the Package Travel, Package Holidays and Package Tours Regulations 1992.

Property Damage

Andrew undertakes drafting and advisory work and appears in the county courts in property damage matters. He has experience of bailment of goods, buildings damage, tree roots subsidence and heave claims.

During pupillage, Andrew assisted in interesting cases concerning liability under the Hotel Proprietors Act 1956 for the alleged theft of a large quantity of jewellery from a hotel; liability under the Coal Mining Subsidence Act 1991; and the operation of the Party Wall etc. Act 1996.

He has assisted Charles Dougherty QC in researching the heads of recoverable losses under the Riot (Damages) Act 1886 in the leading case arising from the London riots of August 2011.

Clinical Negligence

Andrew regularly appears in Court, advises and drafts pleadings in clinical negligence matters. He has experience of advising on and drafting Schedules in claims brought under the Fatal Accidents Act 1972 and Law Reform (Miscellaneous Provisions) Act 1934.

Professional Negligence

Andrew has appeared in Court, drafted pleadings and advised in professional negligence claims against insurance brokers, surveyors, solicitors and professionals in the construction and agricultural sectors.

Insurance & Reinsurance

Andrew is instructed in matters involving issues of coverage and interpretation relating to motor, buildings and short-term income protection policies.