+44 (0)20 7822 1200

Photo of Martin Porter QC

Martin Porter QC

Call 1986
Silk 2006

mporter@2tg.co.uk

+44 (0)20 7822 1200

"brings confidence and the gravitas without being overbearing."

Chambers UK

"...gives people a great feeling of confidence"

Chambers UK 2017

"An excellent advocate"

Legal 500 2016

"His client care is excellent ......"

Legal 500 2017

Practice Overview

“Extremely efficient and pragmatic”, Martin is 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 UK and the Legal 500 as a leading personal injury and clinical negligence barrister.

Martin also has considerable experience of professional negligence (especially of solicitors and surveyors), insurance work and public law/human rights

Martin broadcasts and writes frequently, including for BBC’s Law in Action, The Times Law Section, New Law Journal, All England Opinion and BBC radio. He has been a member of the Western Circuit since 1987 and appears regularly on all circuits.

Clinical Negligence

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 UK as bright and adaptable in defending negligent surgery claims.

Martin also has extensive experience of appearing before the GMC Professional Conduct Committee and advising doctors and dentists facing disciplinary proceedings. He has been appointed a Legal Assessor by the GMC.

Employment

Martin practised for many years in Employment Tribunals and is now available as leading counsel when the need arises at appellate court level.

Personal Injury

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 over 10 years, Martin was, for example, complimented on his “amazing capacity to absorb huge amounts of background information”. He has a particular interest in cycling and other sports-related claims.

 

Sport

Martin has broad experience of sport-related personal injury claims. He also has specialised knowledge of sports regulation in relation to cycling and in the application statute law relating to cycling accidents, in particular, the wearing of helmets and liability.

In the last two years he has acted for national sporting bodies, sports clubs, individuals organising sports events and people injured whilst playing or participating.

Martin himself competes regularly in cycling road races.

Public Law

Public law and Judicial Review with particular interest in the liability of public bodies when exercising their statutory functions with expert experience in all cycling related public law matters.

Product Liability

Martin has extensive exposure of product liability work particularly in relation to bicycles or other mechanical equipment.

Practice Areas

Clinical Negligence
Employment
Personal Injury
Product Liability
Public Law
Sport

Clerk Details

clerks@2tg.co.uk

Significant Cases

Chief Constable of Hampshire v Southampton City Council (2014) Court of Appeal. (Limitation in contribution claims)

Downing v Peterborough & Stamford Hospitals NHS Trust (2014) High Court. (Quantum trial. Multimillion claim for a pain disorder)

Powell v Ridgeback Bicycles (2013) County Court. (Product Liability. Successful claim acting on behalf of cyclist who sustained injury when his mountain bike collapsed)

Lay v Cambridgeshire & Peterborough Mental Health Partnership NHS Trust & Shair(2013) High Court (injury at work complicated by poor surgery)

Bowden v Homerton Hospital (2012) Court of Appeal. (Liver disease induced by drug therapy)

Spradbury v Humber Mental Health Trust (2011) High Court. (Observations of voluntary hospital patient.)

Green v Sunset & Vine (2010) Court of Appeal. (Motorsport.)

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 Wolverhampton (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.)

Recommendations

Featured in Legal 500 and Chambers UK each year from 1997 to date, with particular recommendations for judgment and performance in court.

Chambers UK 2019:
“He’s a go-to counsel for high-value or difficult liability cycling cases”
“Very hard-working and extremely practical”
“Calm, analytical and extremely well prepared”

Legal 500 2018:
“Very user friendly”
“He is very approachable and prompt with his advice. He has a niche specialism in cycling injury cases”

Chambers UK 2018:
“A fount of knowledge for cycling incident cases”
“Hardworking and trustworthy”
“A brilliant advocate who gets to the issues very quickly”
“Very approachable and easy to work with. Clients like him”

Legal 500 2017:
“His client care is excellent…”

Chambers UK 2017:
“He has a really high level of advocacy”
“He is very thorough and at the same time highly pragmatic”
“He’s great in negotiations and is exceptionally thorough. He gives people a great feeling of confidence, which is exactly what you want in leading counsel”

Legal 500 2016:
“An excellent advocate, who is able to deal with difficult judges”
“He is an excellent advocate and thorough in his preparation”

Chambers UK 2016:
“He is an impressive advocate”
“Martin is very good at standing his ground, and remains calm and cool”
“He is a thorough and tenacious barrister who brings great value to any case, but particularly those involving injured cyclists”
“He brings confidence and the gravitas without being overbearing”

Seminars
Education

Cambridge University

Qualifications

MA (Cantab) Law
LLM (Cantab) Public Law

Memberships

LawInSport
British Association for Sport and Law
Western Circuit
Common Law & Commercial Bar Association
Executive Committee – PIBA (past member)
PNBA
Chairman – Thames Velo Cycling Club

Awards

Postgraduate Award – The British Academy
Major Scholarship – Inner Temple

Articles and Broadcasts

Articles:

“Tangled marriage of Church and State” The Times 13.06.2000.

“Human Rights One Year On” New Law Journal September 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 NLJ commenting upon cycle helmets

Broadcasts:

BBC’s Law in Action (2005) on Constitutional and Human Rights Law

ITV Meridian News on cycling (2012)

BBC The One Show on cycling (2011)

Appointments

Queen’s Counsel (2006)
Secretary of the Specialist Bar Working Party on Clinical Negligence Reform
Legal Assessor for the General Medical Council

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