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Jonathan de Rohan

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Expertise

Jonathan’s multi-track injury practice covers the entire field from road traffic and public liability to all aspects of employers’ liability, in particular industrial disease (mesothelioma and asbestosis, WRULD/VWF, deafness, workplace ergonomics), stress and bullying. He has a well-established practice in serious head and spinal injury cases and a recent expertise in high-value chronic pain cases. He has a deep interest in sports injury claims notably aviation (parachuting, ballooning and gliding), motor racing, field and winter sports. He is instructed at Health & Safety inquests, drawing on jury trial experience prosecuting at ‘the Old Bailey’ and Snaresbrook Crown Court. He has a deep understanding of disciplinary tribunals, having adjudicated on the full range of Bar Disciplinary Panels for over a decade. He is an accredited mediator across all civil disputes.

Notable Personal Injury cases

Re: Ateeq Rafiq (deceased) - Birmingham Coroner's Court

Jury Inquest relating to the death of a man who became fatally trapped under a cinema seat’s powered footrest at Vue, Star City, Birmingham. Instructed for Spanish seating manufacturer, Figueras International Seating, by LSGA.

Johnson v Tait - QBD

Automatism defence mounted to RTA on the grounds of a transient ischaemic attack or ‘mini-stroke’. Instructed by Browne Jacobson for the Defendant.

Royal v Hobbs Fashion Ltd

High value chronic pain claim arising out of innocuous accident at work. Plethora of experts. Settled favourably at JSM. Instructed by Clyde & Co. for the Defendant.

Ratcliffe v East Kent Medical Services Ltd

Significant back injury at work claim brought by a former employee of private hospital in Kent. Contested on all fronts including limitation, breach, medical causation, resolved by ‘hot tubbing’ spinal experts at trial. Instructed by DWF for the Defendant.

Bennett v Sussex Partnership NHS Foundation Trust

Rabone-style death by suicide claim whilst deceased was in the care of the mental health facility staff. Instructed by LSGA for the Claimants.

McGrath v London Borough of Newham & Others

Slipping accident at school; straightforward main claim. Acted in the complex contractual and tortious responsibilities arising out of Private Finance Initiative school construction and facilities management. Instructed by Bevan Britten for the Third Party.

Moore v Poole Hospital NHS Foundation Trust

High value liability and damages action suffered by midwife in slipping at work. Instructed by Porter Dodson for the Claimant.

Healey v Acromas/Saga & (TP) Hotel

Defence/third party claim of operator and Montenegrin hotel in holiday / travel regulations claim. Instructed by Weightmans.

Telfer v Go Ahead Group / Southern Railway

Defence of train driver WRULD/ergonomics claim. Instructed by Hill Dickinson & Travelers.

Walker v Saipem

Instructed by Stephenson Harwood on behalf of seriously injured oil rig worker injured in catastrophic 25m fall.

M v MIB

Patient settlement in catastrophic claim in QBD. Representation and Court of Protection issues. Instructed by Greenwoods.

Steadman v Go Ahead Group / Southern Railway

Successful defence of train driver WRULD/ ergonomics claim. Instructed by Hill Dickinson & Travelers.

Jones v Lafarge Aggregates

Successful defence of VWF claim at trial on causation.

Moss v Lafarge Aggregates

Successful defence of industrial deafness claim at trial on limitation/date of knowledge.

Green v Deutsche Bank Group - QBD

Pleaded successful high value bullying and harassment Claim. Instructed by Thomas Cooper & Stibbard for the Claimant.

Jonathan’s busy sports injury practice ranges from airborne activities (in particular parachuting, gliding and ballooning) to field and winter sports, motor sports, football, rugby, athletics, golf, cricket and racket sports. He frequently deals with injury claims which involve a difficult choice of Defendant, the law of unincorporated associations, and the construction, interpretation and application of governing body regulations, on which he brings to bear his substantial experience as a disciplinary tribunal member. His cases often involve a combination of personal injury, employment, military on/off duty and insurance coverage issues, as well as equipment matters and product liability law. Jonathan is a ECB Level 2 Cricket Coach.

Notable Sports Injury cases

Fox v Teesside Karting Ltd

Multi-track trial of go-karting claim involving issues of training, instruction and supervision. Instructed by Weightmans for the Defendant.

Baird v Weymouth College

Sailing injury claim involving adequacy of risk assessments, slipway cleaning, signage and warnings, the balance of cost and risk in a Tomlinson-style socially worthwhile activity. Instructed by DWF for the Defendant.

Stanford v Lyalvale Express Ltd

Clay pigeon shooting accident when 12-bore shotgun barrel exploded causing significant and permanent upper limb injury. Instructed by Langleys for the Defendant.

Ludlow v Lockwood (Leamington) Ltd

Adjustment and set up of high-performance Alpine ski bindings, leading to alleged skiing accident in Switzerland. Instructed by DAC Beachcroft for the Defendant.

Beagley v Trevornick

Defence of go-karting claim centring on supervision and track layout. Instructed by DWF.

Pearce v Durham Uni & Cleveland Potash

Instructed for the Defence in head injury claim arising out of sea cliff climbing/rope access accident, involving consideration of IRATA Code of Practice.

Bignall v Crombie

Substantial loss of sponsorship earnings claim pursued by former world-class sprinter. Instructed by Beachcroft for the Defendant.

Swinglehurst v SnowDome

Important case as to whether mandatory provision of wrist guards to beginner snowboarders and/or advice as to the potential efficacy of such equipment were required. Trial judge heard expert evidence and was presented with the latest national and international research on winter sports wrist protection. Instructed by Weightmans for the Defendant, which was successful on equipment issues.

Costello v Army Parachute Association

Serious spinal injuries suffered by tandem parachute instructor following canopy malfunction. Action includes product liability issues. Instructed for Defendant by Gates & Partners (now Kennedys Aviation).

Hiam v Army Parachute Association - QBD

Paraplegic injury sustained by first-time parachutist on hard landing. Instructed for Defendant with Neil Block QC by Gates.

Eckersley v Ballooning Network Ltd

Hot air balloon colliding into a spectator.

Mott v Headcorn Parachute Club

Mid-air collision between parachutists during filming operations.

Rogoff v MoD & Royal Airforce Sport Parachute Association - QBD

Display parachutist colliding into the roof of Villa Park football ground.

Jonathan has considerable expertise in disputes involving complex design, manufacture and engineering issues.

Notable Product Liability cases

Army Parachute Association v Paratec GmbH

TCC action involving the design of a tandem parachute system. Instructed by Kennedys Aviation.

Tobin v. Geminox & Wieland

TCC domestic fire claim (subrogated) involving the design and quality of French-manufactured hot water boiler incorporating German-made components. Instructed by Cozen O’Connor.

Jonathan’s burgeoning property damage practice involves fire, flood and tree-roots subsidence actions. He has considerable expertise in disputes involving complex engineering, construction, arboricultural and geotechnical issues. An accredited mediator across all civil disputes; he has reported cases in the areas of real property and landlord & tenant. He accepts instructions in property damage, insurance and construction claims direct from the public, via chambers’ website and myBarrister, most successfully in Hodghton (see below) with Richard Allitt, flood expert.

Notable Property Damage cases

Seaton v Somerset County Council

Complex flooding claim. Settled very favourably at a JSM. Instructed for the Defendant with Richard Allitt (expert) by Dolmans.

Hoblyn v London Borough of Camden

£750,000 ‘high amenity tree’ roots subsidence claim involving complex issues of foreseeability, notification, causation, damages and contested tree removal. Instructed by DWF for the Defendant.

Hodghton v Horsham DC - Brighton CC

Succeeded in hydraulically complex nuisance/obstruction of watercourse/flooding claim. Instructed with Richard Allitt by public access Claimant.

William Pears v London Borough of Lambeth - TCC

Defence of major tree roots subsidence claim involving block of flat in south London. Settled at an advanced stage of proceedings and with considerable counsel involvement. Instructed by Watmores/DWF.

Bond v Stockton-on-Tees Borough Council

Tree roots subsidence damage to a late-constructed garage giving rise to interesting arguments on notification, reasonable foreseeability, adequacy of foundations, causation and mitigation of damages. Instructed by DWF for the Defendant.

Jones v London Borough of Merton

High value tree roots subsidence damage – novel arguments on breach of duty, reasonable foreseeability, causation and mitigation of damages. Opposed by leading counsel, a specialist in the field.

Bachy Soletanche v Costain PLC - TCC

£1.5m subrogated recovery claim for HSB in respect of destruction of Bauer mobile piling rig and business interruption of insured. Instructed by DAC.

Scott v Cheshire County Council

Successful tree roots subsidence claim for Beachcrofts.

Jonathan’s clinical practice encompasses failures of consent, and of treatment arising out of elective sterilisation, varicose vein and cosmetic procedures. His non-medical caseload has comprised solicitors, insurance brokers, surveyors and other construction professionals, where his background in property law has proved invaluable. He has a deep understanding of disciplinary tribunals.

Notable Professional Negligence cases

Duce v WAH NHS Trust - Birmingham CC

Gynaecology / lack of informed consent to surgical procedure. Instructed for the Claimant.

Hammond v PAH NHS Trust

Successful claim for negligent varicose vein procedure causing tendon severance.

Reading v Direct Healthcare International

Applicable laws / jurisdiction / causation issues arising out of negligent liposuction procedure in Belgium. Acted for Defendant, cosmetic surgery service.

Jonathan regularly advises on all aspects of insurance law including coverage issues, policy construction, misrepresentation, non-disclosure, breach of warranty, estoppel, waiver, reservation of rights, double insurance and fraud. He also has particular expertise in motor insurance, including claims against the MIB.

Notable Insurance cases

Abbeyfield v Epping Council - TCC

Range of construction and factual issues including contribution/double insurance, notification, avoidance, waiver and estoppel.

Kotsanas v Insurance Corporation of Channel Islands

Successful defence of claim arising over fraudulent presentation of insurance outlay cheque.

Jonathan’s clinical negligence practice encompasses failures of consent, and of treatment arising out of elective sterilisation, varicose vein and cosmetic procedures. He has a deep understanding of disciplinary tribunals having adjudicated on the full range of Bar disciplinary panels for over a decade.

Notable Clinical Negligence cases

Duce v WAH NHS Trust - Birmingham CC

Gynaecology / lack of informed consent to surgical procedure. Instructed for the Claimant.

Hammond v PAH NHS Trust

Successful claim for negligent varicose vein procedure causing tendon severance.

Reading v Direct Healthcare International

Applicable laws / jurisdiction / causation issues arising out of negligent liposuction procedure in Belgium. Acted for Defendant, cosmetic surgery service.

In 2021 Jonathan won authorisation from the Bar Standards Board to conduct litigation, massively bolstering his busy public access practice and enabling him to offer the very fullest ‘start to finish’ litigation support service, including:

  • Issuing proceedings, applications and appeals
  • Acknowledging service of proceedings
  • Filing and serving documents
  • Lodging trial and hearing bundles
  • Providing chambers address as the address for service of documents
  • Signing off on a list of disclosure
  • Instructing and questioning expert witnesses in accordance to CPR Part 35

Jonathan’s practice areas

Since 2010 Jonathan has acted for individual and company litigants in person across a broad range of civil law disputes, in particular building and construction disputes, property damage and injury claims, contracts and contractual disputes, personal and organisational disputes and debt recovery actions (for and against). In such diverse proceedings he has appeared at hearings and trials and has settled all forms of court paperwork. He often advises on and drafts pre-action protocol Letters of Claim and Response, Claim Forms (including Money Claims online), detailed Particulars of Claim, Defences & Counterclaims, Directions Questionnaires (Fast Track and Multi Track), Interim Applications (N244) including Relief from Sanctions, drafting witness statements and Civil Evidence Act Notices, standard and bespoke Directions Orders (multi track and fast track), Lists of Disclosure, CPR Part 36 offers and explanatory correspondence, Letters of Instruction and Clarification to Experts, Pre-Trial Checklists and all aspects of preparation for trial including producing fully court-compliant paper and interactive, electronic bundles.

Jonathan is also an accredited mediator having trained in 2004 with the School of Psychotherapy and Counselling at Regents College (London), enabling him to get to the very heart of some of the most complex and intractable civil law disputes.

Jonathan’s approach

Is to provide expert legal support and assistance that is fast, cost-effective and determined, yet wholly collaborative with the commercial attitude and aspirations of his many differing and, on occasions repeat, clients.

Jonathan’s workmanship

Highly valued by a broad range of private and corporate clients, praised for being “meticulous … combining first class paper work with excellent advocacy” with “skills in a variety of legal disciplines”, as having “a very strong commercial understanding client’s needs” and being “very approachable” demonstrating a “can do attitude”.

What his clients say

“Jonathan stepped in at very short notice in my claim against rogue builders. Over the Christmas break, he quickly turned around an opinion on the “prospects of success” of the case. Then he amended the court documents, which I had filed incorrectly. His work was very professional and he got up to speed on the case very fast. On the day of the initial hearing, I immediately felt Jonathan was on our side. He was very quick to prepare a strategy for what we needed to focus the court’s time on. He made me feel at ease in a very challenging situation. In court, he was very confident and professional presenting our case. Afterwards, we discussed next steps over a calming cup of tea. We discussed how to approach the insurer to ensure funding would be in place, what might be the worst or best outcomes in court and how to potentially negotiate an out of court settlement.”
SS, London

“Worth your weight in gold. You always just simplify things – your court papers read perfectly. Thank you for everything you’ve done for us. We would have been lost without you”
AB Construction Ltd, Sheffield

“Just brilliant!”
LK, Norfolk

“In his barrister role for us we have found Jonathan to be most affable, easy to talk to and extremely fast to grasp the crux of the matter in question. His strategic planning in litigation is second to none in our opinion and we bless the day we were introduced to him.”
YZ Construction Ltd, Kent

“Jonathan has tremendous litigation skills. During the legal proceedings, Jonathan listened and absorbed details of my case and my opinion and then made convincing recommendations and decisions. Jonathan has the ability to dissect a case much like a skilled surgeon, with absolute calm. In court, Jonathan was a tremendous help for me while addressing the intricacies of my case which resulted in expeditious and consensual resolution. I would be proud to refer my family, friends and even strangers to him, and I am sure they will be happy with his legal expertise.”
NH, London

“After a two-year battle with our local council and their insurers over the flooding of our home we were forced to go to litigation. As litigants in person we needed a lot of hand holding and we consider ourselves extremely fortunate to have found Mr Jonathan de Rohan who was an absolute pleasure to work with. The case was very complex, not only technically but evidentially and legally. What we appreciated about working with Jonathan was his attention to detail, his patience and his commitment. In court his conduct and execution were exemplary. Despite the defendants having a formidable counsel themselves, we won the day! Two grateful clients.”
MH & CH, Sussex

“Jonathan was retained to advise on a case of gross overcharging by a reputable law firm. Thanks to his help and advice the claim was very substantially reduced and a satisfactory outcome was achieved without having to go to trial.”
DT, London

“Jonathan read through the documents in my disagreement quickly, explained the necessary procedure succinctly and managed to settle a 10 month dispute with one legally-detailed, perfectly-constructed letter, saving me many thousands of pounds.”
JB, London

“It was a breath of fresh air to see a true expert at work. Your powers of concentration and your ability to absorb information at such short notice was remarkable … Jonathan, words of wisdom as ever … Thank you very much for your prompt response … in essence your consideration echoes my thoughts and recollections of the matter.”
JC, Kent

Jonathan is an accredited mediator having undergone a rigorous week-long training in 2005 with the School of Psychotherapy and Counselling at Regents College (London), enabling him to get to the very heart of some of the most complex and intractable disputes. He mediates over the range of civil law cases from relatively modest contract claims and building & construction disputes to higher value property damage, personal injury and fatal damages claims.

Notable Mediation cases

McDaid v Quantum Organisation Limited

£30,000 claim for damages arising out of breach of a business development franchise agreement in London.

Bachy Soletanche Limited v Costain Limited

£1.5 m claim for property damage and consequential losses arising out of the overturning of a caterpillar-track foundation piling rig at a large construction site in Berkshire.

Moss v Bowland Forest Gliding Club

High-value fatal damages claim arising out of a malfunctioning cable winch launch of a 2-man glider in Lancashire.

Colley v Whyatt

Contractor’s claim for unpaid invoices as against homeowner’s counterclaim for defective workmanship in £25,000 residential building dispute in Tyneside.

Priestley v Target Sky Sports Limited

Tragic fatal damages claim arising out of a maiden, charity parachute dispute in North Lincolnshire.

Privacy Policy

Jonathan de Rohan Privacy Policy

My contact details:

ICO Reg No: Z5358012
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

Contact Jonathan
+44 (0)20 7822 1200
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  • Mediator Accreditation, Regents College, School of Psychotherapy & Counselling
  • BVC, Inns of Court School of Law
  • Graduate Diploma in Law, University of Westminster
  • BA Business Economics, University of Reading

  • LawInSport
  • British Association for Sport and Law
  • PIBA
  • PNBA
  • LCLCBA
  • Bar Sports Law Group
  • Anglo-Australasian Lawyers’ Society
  • Melbourne & Marylebone Cricket Clubs
  • UK “Alumni” of Mallesons Stephen Jaques Solicitors

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