Richard Pearce
CALL 1985 (Middle Temple)
PRACTICE
AREAS Personal Injury Clinical Negligence Professional Discipline Professional Liability Industrial Disease APPOINTMENTS Recorder (2004)
Counsel to T&N compensation scheme for victims of asbestos exposure (2007)
E: clerks@byromstreet.com
T: 0161 829 2100 F: 0161 829 2101 Byrom Street Chambers
12 Byrom Street Manchester
M3 4PP ASSOCIATIONS PIBA
Action against Medical Accidents
_______________________________________________________
DIRECTORIESRichard has been recognised as a leading barrister in his field and has been cited in many directories.
• Acts primarily in cases relating to severe brain or spinal injury claims, and is noted for his client-friendly approach. Expertise: "He handles difficult cases with the utmost sensitivity and tact. " Recent work: He was instructed in a claim which concerned a farm labourer who suffered an accident at work. The employer was uninsured, and the occupier of the farm therefore joined the case as a defendant. (Chambers and Partners 2014 – Personal Injury)
• Wins praise for his courtroom prowess and empathetic manner with clients. He receives instructions from claimants and defendants in a wide range of negligence cases. Expertise: "He gets good results because he knows exactly
dimension to cases." Recent work: He appeared in a birth injury case involving complex issues of causation and breach of duty.(Chambers and Partners 2014 – Clinical Negligence)
• Brings "an impressive range of experience" to bear, and is highly rated for his expertise across a broad array of clinical negligence cases, including claims relating to misdiagnosis of psychiatric injuries, delays in diagnosis of cancer, and negligent surgery-related claims. He "brings a new dimension to cases" according to instructing solicitors, who also praise his "helpful and accessible approach," and note "the great sensitivity and compassion" with which he interacts with clients. (Chambers and Partners 2013)
• Tackles both personal injury and clinical negligence claims with skill. He is particularly highly regarded for his expertise in cases relating to industrial disease. (Chambers and Partners 2013)
• Recommended within Personal Injury and Clinical Negligence (Legal 500 2013)
• The ‘very client-friendly’ Richard Pearce is also recommended (Legal 500 2012)
• “Also in residence here is the highly experienced Richard Pearce, who undertakes both claimant and defendant work, and is well versed in all manner of clinical negligence cases, including claims in connection with cerebral palsy, negligent surgery, delay in diagnosis of cancer, and misdiagnosis of psychiatric injury. He elicits much praise from the market, with sources saying ‘he is reliable, client-friendly and always detailed and thorough in his preparation.’ " (Chambers & partners 2012 – Clinical Negligence)
• “Claimant personal injury and clinical negligence cases feature heavily in the workload of Richard Pearce, a favourite for solicitors seeking industrial disease expertise.” (Chambers & Partners 2012 – Personal Injury)
• “Richard Pearce is recommended for his ‘calmness, speed of thought and acuity of insight’.” (Legal 500 2011 – Personal Injury and Clinical Negligence)
• “… Richard Pearce brings a creative approach to his work in clinical negligence. He marries meticulous attention to detail with top-notch technical skills to earn the respect and admiration of his clients.” (Chambers and Partners 2011 – Clinical Negligence)
• “Well regarded junior Richard Pearce is known for the enthusiasm he brings to a case. Optimistic in regard to his cases but not unrealistically so, he does well due to his ‘cleverness and pronounced analytical skills.’ ” (Chambers and Partners 2011 – Personal Injury)
• “quietly effective"; "clients love him as he is absolutely charming to do business with.” (Chambers and Partners 2010)
________________________________________________________ PERSONAL INJURY
Richard has been involved in personal injury work since his pupillage. He regularly acts for both Claimants and Defendants, generally in high value and catastrophic injury cases.
Illustrative Work
R v KFC - Claimant (a foreign student) injured in an accident at work when boiling fat poured down him causing substantial burns and psychiatric injury. This prevented him from completing a PhD and affected his employment and marriage prospects in his native Pakistan.
Mills v Cranberry Foods - Personal injury claim arising out of near-fatal crushing accident at work. Liability admitted but Defendant alleged Claimant was both malingering and exaggerating his employment prospects but for the injury.
A v H - Road traffic accident in which Claimant suffered injury leading to amputation of leg and head injury, leading to loss of vision and learning difficulties. Dispute as to reasonableness of property purchased and converted for Claimant.
Bottomley v Todmorden Cricket Club [2003] EWCA Civ 1575 - Liability of occupier for negligence of independent contractor causing serious injury to a volunteer assisting independent contractor.
________________________________________________________ CLINICAL NEGLIGENCE
Richard is regularly instructed to advise and represent patients and their families in clinical negligence claims. His caseload covers a wide spectrum of medical accidents,
in particular, birth trauma, delayed diagnosis of cancer, delayed diagnosis of infant brain tumour, hospital acquired infection, surgical error and misdiagnosis and treatment of psychiatric conditions. Recommended leading barrister in clinical negligence (Chambers & Partners, 2006 to date).
Illustrative work
Loraine v Wirral [2008] EWHC 1565 - Claim arising from birth injury. The Claimant’s mother was at foreseeable risk of having difficulty in delivering due to a history of fibroids. She should have been admitted to hospital. In the event, she suffered unforeseeable placental abruption whilst at home. The trial on liability involved arguments about breach of duty and causation where a foreseeable injury was caused in an unforeseeable manner. Having succeeded on liability, the Claimant subsequently agreed a substantial lump sum and a periodical payments order at JSM. Blain v M - Clinical negligence claim arising through failure to diagnose meningitis. Liability compromised. Full trial on quantum, including significant dispute as to need for waking care. Claim settled during quantum trial.
Dougal v Ministry of Defence - Clinical negligence claim as a result of failure to diagnose cholesteatoma. The Claimant was a sub mariner who was unable to remain in the royal navy as a result of his loss of hearing. Full trial on liability leading to substantial award of damages.
R v Wirral - Claimant suffered cerebral palsy. Claim based on allegation that that Defendant should have acceded to Claimant’s mother’s request for elective Caesarean (which would have avoided Claimant suffering CP) having regard to mother’s history of post natal depression.
_______________________________________________________________ PROFESSIONAL DISCIPLINE
Richard has appeared regularly before Fitness to Practise Panels. His cases have involved allegations of inadequate professional performance, impairment through ill-health and misconduct. He ash appeared in the Administrative Court in cases involving a challenge to the decision of such panels.
PROFESSIONAL LIABILITY
Richard regularly acts in claims for professional negligence arising out of personal injury or clinical negligence claims.
_______________________________________________________________ INDUSTRIAL DISEASE
Richard is retained Counsel to the T&N compensation scheme for victims of asbestos exposure and victims of other occupational disease. He is instructed both for Claimants and Defendants in industrial disease cases.
_______________________________________________________________ LECTURES, SEMINARS AND PUBLICATIONS
Richard has lectured regularly on procedural matters and issues of substantive law. Recent topics include causation, contributory negligence and damages. Speaker at AvMA Annual Conference (2002) on “Oncology, Causation and Life Expectancy.”
