Paul Rose QC

Year of call 1981 Silk 2002

CClerk

William Meade
020 7269 0360 Email William

Paul Rose specialises in employment law and personal injury. He has acted in a number of leading cases in discrimination and in general employment law. In particular he has been involved in two recent lead cases on the issue of status as a 'worker' and status as an 'employee'. He has over 20 years’ experience in personal injury and again has been instructed in some of the leading cases in the field. He is a part time judge of employment tribunals and speaks regularly at seminars and conferences.

Paul Rose QC is ranked as a Leading Silk in Personal Injury Law in Chambers & Partners and Legal 500.

Chambers and Partners 2017 states he has an "incredible eye for detail, he's excellent" and "he's extremely thorough and he's got a very nice manner with clients" with Legal 500 2016 praising him as a "truly exceptional negotiator".

"He has brilliant advocacy skills and isn't fazed by complex issues" says Chambers and Partners 2016 and his "attention to detail is quite incredible; he misses nothing" says Legal 500 2015.

The "highly thorough" Paul Rose QC is recommended in employment, Chambers & Partners, 2014.

Paul Rose QC is recommended ‘without hesitation’ - Employment, Legal 500, 2013.

Paul Rose QC splits his practice between employment law and personal injury claims. Instructing solicitors speak highly of him for being "a tough negotiator who is great on the detail." He is highly regarded for his expertise in cases involving the armed forces, and has acted for a number of servicemen in claims against the MOD - Personal Injury, Chambers & Partners, 2013

“Paul Rose QC is another highly sought-after QC who is admired for his ‘intellectual gravitas’” - Chambers & Partners, 2012

"Class negotiator" Paul Rose QC wins praise for being a "tough, thorough and careful" advocate with long experience of catastrophic injury cases. He has a further specialism in representing servicemen following accidents abroad. Considered a "safe pair of hands" on those cases, he has been acting for families bereaved following the crash of a Hercules plane in Iraq - Chambers & Partners, 2012

Paul Rose QC, a “smooth advocate” with experience in all areas of employment law - Employment, Chambers and Partners, 2011

  • JH & SH v SL [2017] Contested interim payment application on behalf of two children to purchase new accommodation Judge awarded: £750,000. Judge also ruled on admissibility of Calderbank offers in interim payment applications;
  • B v. M [2017] In a claim for damages for personal injury, a defendant was able to rely on CPR r.33.4(1) to cross-examine the claimant on comments made about the effects of her injuries despite her not having served a witness statement;
  • MXC v. JFN [2017] serious head injury settled at JSM: Lump sum £1.942 million; PP of £35,000 for life;
  • SM v. CF [2017] complex ankle fracture in RTA. Damages awarded of £960,000 for past and future losses;
  • GA v. SH [2017] motorcyclist suffering polytrauma recovered 70% liability quantum settled at lump sum of £1.45 million;
  • Soldier G v. MOD [2016] serious back injury not involving paralysis; lump sum settlement £1.45 million at JSM;
  • SL v. GAG [2016] severe traumatic brain injury settled at JSM on lump sum basis at 100% £5 million, actual recovery 60%;
  • RF v. FC [2015]  severe spinal cord injury: C4 ASIA A.JSM; lump sum of £1.3m including PSLA of £290,000; periodical payment initially of £175,000 p.a. increasing in 2020 to  £235,000 p.a;
  • M v. SH [2013] multiple disabling leg fractures. Lump sum settlement of £3 million;
  • PJ v. DH [2013] traumatic brain injury and above knee amputation. Lump sum settlement of £6 million;
  • GB v. LJ [2013] traumatic brain injury. Lump sum settlement of £1.4 million; PP of £67,000 for life;
  • JH [2013] child traumatic brain injury in RTA. Significant issues re: liability. Lump sum settlement of £850,000 +;
  • KH [2012] child RTA. Liability only. Resolved 55/45 in the claimant’s favour;
  • LG v. KS [2012] traumatic brain injury.  Lump sum settlement of £2.45 million; PP initially of £135,000 increasing to £156,000 per annum.

Paul Rose has over 20 years experience in personal injury litigation, stretching back to acting on behalf of the claimants in both the Opren and the Benzodiazepine litigation in the 1980's and 90's. Shortly thereafter he acted on behalf of the family and dependants of victims of the Chinook Mull of Kyntyre helicopter crash and the Kegworth M1 British Midland Air crash.

In 1994 he acted on behalf of the claimants in the Camelford water pollution claim.

More recently he has acted for the claimant in the following notable cases:

  • Mattis v. Pollock [2003] 1 WLR 2158, a decision of the Court of Appeal concerning a night club owner's vicarious liability for the assault by his doorman on a visitor leading to paraplegia;
  • Bici v. Ministry of Defence [2004] EWCH 786 (QB) a decision by Elias J on the issue of combat immunity invoked as a defence by the defendant to a claim for assault and negligence in relation to the shooting and killing and wounding of civilians in Kosovo during peacekeeping operations;
  • Sowerby v. Charlton [2006] 1 WLR 568 a decision of the Court of Appeal concerning whether Admissions made pre action may be withdrawn under the CPR;
  • In the case of Tomlinson v. The Ministry of Defence the claimant was awarded £4.6 m for a frontal lobe brain injury. The Court of Appeal recently rejected the defendant's oral application for permission to appeal;
  • IB v. CB [2010] EWHC 3815 (QB) a decision in respect of terms of standard PPO Order;
  • Lightfoot v. Go-ahead Group Plc (2011) RTR 27 contributory negligence of a pedestrian;
  • McKinlay v. (1) Richard Lambe (2) AIG UK Ltd LTL 12/10/2009 RTA concerning motorcycles.

Paul Rose QC has specialised in Employment law since 1987. He has appeared in approximately 25 reported cases covering all aspects of discrimination law, TUPE and general employment disputes. He has sat as a fee paid employment judge for 10 years and speaks regularly at conferences and seminars.


Paul Rose appeared in the following cases concerned with employment status:

  • James v. Redcats (Brands) Ltd [2007] IRLR 296. A decision of Elias P on the word 'worker';
  • Franks v. Reuters [2003] IRLR 423 a decision of the Court of Appeal on the meaning of 'employee'.


He has also appeared in the following recent decisions in the field of discrimination:

  • Chief Constable of Lincolnshire v. Natasha Caston [2009] EWCA Civ 1298 Court of Appeal deprecates tribunal's reference to commentary on extension of time;
  • Okunu v. G4S [2008] ICR 598 burden of proof in discrimination case;
  • Scott v. The Commissioners of the Inland Revenue [2004] IRLR 713 a decision of the Court of Appeal on the assessment of compensation indiscrimination claims and costs;
  • Croft v. Royal Mail Group plc [2003] IRLR 592 a decision of the Court of Appeal on discrimination on the grounds of gender re assignment and also on the statutory defence;
  • Liversidge v. The Chief Constable of Bedford Police [2002] IRLR 651 a decision of the Court of Appeal on the liability of the Chief Constable for alleged acts of discrimination by police officers;
  • London Borough of Lambeth v. The Commission for Racial Equality [1990] IRLR 231 a decision of the Court of Appeal on 'genuine occupational qualification';
  • Meer v. London Borough of Tower Hamlets [1988] IRLR 299 court of appeal decision on indirect race discrimination;
  • Balgobin v. London Borough of Tower Hamlets [1987] ICR 829 decision on statutory defence.


He has also acted in a number of TUPE cases most notably:

  • Johnson Controls v. (1) Campbell (2) UKAEA [2012] All ER (D) 220 EAT decision in service provision change.
  • Law Society of England & Wales v. Secretary of State for Justice [2010] IRLR 407 decision of Queen’s Bench Division on whether a transfer of an undertaking.
  • Kerry Foods v. Creber [2000] IRLR 10 a wide-ranging decision on TUPE by Morison P.
  • Whent v. Cartledge Ltd [1997] IRLR 153 a decision of the EAT concerning the impact of TUPE on collective agreements.


Publications

  • PILJ, April 2010 - ““Deliberate Wrongdoing; a new method of analysis for vicarious liability.”
  • February 2009 -The Evolution of Vicarious Liability in Tort in Respect of Deliberate Wrongdoing
  • January 2006 – “Sowersby v. Charlton, When is an Admission not an Admission?”


Professional Memberships

  • Employment Law Bar Association
  • Employment Lawyers Association
  • Personal Injury Bar Association
  • Johnson Controls Limited v (1) Campbell; (2) UKAEA

    An employment judge had been entitled to find that there had been no "service provision change" within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.3(1)(b)...

  • IB v. CB

    A child claimant had not waived privilege by sending confidential financial reports to a judge, along with counsel's advice, for the purpose of helping the judge to determine whether to...

  • Stephen Lightfoot v. Go-Ahead Group Plc

    Contributory negligence was assessed at 40 per cent in the case of a claimant who had been hit by a bus when he had walked, very drunk, onto the carriageway...

  • Law Society of England and Wales v. Secretary of State for Justice

    The Queen's Bench Division held that there had not been a transfer of the claimant's undertaking, in that there had been no transfer of an economic entity which retained its...

  • Chief Constable of Lincolnshire v. Natasha Caston

    Court of Appeal deprecates tribunal's reference to commentary on extension of time.   In Chief Constable of Lincolnshire Police v. Caston the Court of Appeal has stressed that whether it...

  • Warren McKinlay v. (1) Richard Lambe (2) AIG UK Ltd

    A motorcyclist who had overtaken another motorcyclist shortly before a bend had created an emergency that resulted in his crossing the path that the other motorcyclist would have taken, effectively...

  • See all cases

     

pAwards

2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Legal 500 Top Ranked Barrister 2014 Ranked in Chambers & Partners 2014 Ranked in Legal 500 2013

Paul Rose specialises in employment law and personal injury. He has acted in a number of leading cases in discrimination and in general employment law. In particular he has been involved in two recent lead cases on the issue of status as a 'worker' and status as an 'employee'. He has over 20 years’ experience in personal injury and again has been instructed in some of the leading cases in the field. He is a part time judge of employment tribunals and speaks regularly at seminars and conferences.

Paul Rose QC is ranked as a Leading Silk in Personal Injury Law in Chambers & Partners and Legal 500.

Chambers and Partners 2017 states he has an "incredible eye for detail, he's excellent" and "he's extremely thorough and he's got a very nice manner with clients" with Legal 500 2016 praising him as a "truly exceptional negotiator".

"He has brilliant advocacy skills and isn't fazed by complex issues" says Chambers and Partners 2016 and his "attention to detail is quite incredible; he misses nothing" says Legal 500 2015.

The "highly thorough" Paul Rose QC is recommended in employment, Chambers & Partners, 2014.

Paul Rose QC is recommended ‘without hesitation’ - Employment, Legal 500, 2013.

Paul Rose QC splits his practice between employment law and personal injury claims. Instructing solicitors speak highly of him for being "a tough negotiator who is great on the detail." He is highly regarded for his expertise in cases involving the armed forces, and has acted for a number of servicemen in claims against the MOD - Personal Injury, Chambers & Partners, 2013

“Paul Rose QC is another highly sought-after QC who is admired for his ‘intellectual gravitas’” - Chambers & Partners, 2012

"Class negotiator" Paul Rose QC wins praise for being a "tough, thorough and careful" advocate with long experience of catastrophic injury cases. He has a further specialism in representing servicemen following accidents abroad. Considered a "safe pair of hands" on those cases, he has been acting for families bereaved following the crash of a Hercules plane in Iraq - Chambers & Partners, 2012

Paul Rose QC, a “smooth advocate” with experience in all areas of employment law - Employment, Chambers and Partners, 2011

  • JH & SH v SL [2017] Contested interim payment application on behalf of two children to purchase new accommodation Judge awarded: £750,000. Judge also ruled on admissibility of Calderbank offers in interim payment applications;
  • B v. M [2017] In a claim for damages for personal injury, a defendant was able to rely on CPR r.33.4(1) to cross-examine the claimant on comments made about the effects of her injuries despite her not having served a witness statement;
  • MXC v. JFN [2017] serious head injury settled at JSM: Lump sum £1.942 million; PP of £35,000 for life;
  • SM v. CF [2017] complex ankle fracture in RTA. Damages awarded of £960,000 for past and future losses;
  • GA v. SH [2017] motorcyclist suffering polytrauma recovered 70% liability quantum settled at lump sum of £1.45 million;
  • Soldier G v. MOD [2016] serious back injury not involving paralysis; lump sum settlement £1.45 million at JSM;
  • SL v. GAG [2016] severe traumatic brain injury settled at JSM on lump sum basis at 100% £5 million, actual recovery 60%;
  • RF v. FC [2015]  severe spinal cord injury: C4 ASIA A.JSM; lump sum of £1.3m including PSLA of £290,000; periodical payment initially of £175,000 p.a. increasing in 2020 to  £235,000 p.a;
  • M v. SH [2013] multiple disabling leg fractures. Lump sum settlement of £3 million;
  • PJ v. DH [2013] traumatic brain injury and above knee amputation. Lump sum settlement of £6 million;
  • GB v. LJ [2013] traumatic brain injury. Lump sum settlement of £1.4 million; PP of £67,000 for life;
  • JH [2013] child traumatic brain injury in RTA. Significant issues re: liability. Lump sum settlement of £850,000 +;
  • KH [2012] child RTA. Liability only. Resolved 55/45 in the claimant’s favour;
  • LG v. KS [2012] traumatic brain injury.  Lump sum settlement of £2.45 million; PP initially of £135,000 increasing to £156,000 per annum.

Paul Rose has over 20 years experience in personal injury litigation, stretching back to acting on behalf of the claimants in both the Opren and the Benzodiazepine litigation in the 1980's and 90's. Shortly thereafter he acted on behalf of the family and dependants of victims of the Chinook Mull of Kyntyre helicopter crash and the Kegworth M1 British Midland Air crash.

In 1994 he acted on behalf of the claimants in the Camelford water pollution claim.

More recently he has acted for the claimant in the following notable cases:

  • Mattis v. Pollock [2003] 1 WLR 2158, a decision of the Court of Appeal concerning a night club owner's vicarious liability for the assault by his doorman on a visitor leading to paraplegia;
  • Bici v. Ministry of Defence [2004] EWCH 786 (QB) a decision by Elias J on the issue of combat immunity invoked as a defence by the defendant to a claim for assault and negligence in relation to the shooting and killing and wounding of civilians in Kosovo during peacekeeping operations;
  • Sowerby v. Charlton [2006] 1 WLR 568 a decision of the Court of Appeal concerning whether Admissions made pre action may be withdrawn under the CPR;
  • In the case of Tomlinson v. The Ministry of Defence the claimant was awarded £4.6 m for a frontal lobe brain injury. The Court of Appeal recently rejected the defendant's oral application for permission to appeal;
  • IB v. CB [2010] EWHC 3815 (QB) a decision in respect of terms of standard PPO Order;
  • Lightfoot v. Go-ahead Group Plc (2011) RTR 27 contributory negligence of a pedestrian;
  • McKinlay v. (1) Richard Lambe (2) AIG UK Ltd LTL 12/10/2009 RTA concerning motorcycles.

Paul Rose QC has specialised in Employment law since 1987. He has appeared in approximately 25 reported cases covering all aspects of discrimination law, TUPE and general employment disputes. He has sat as a fee paid employment judge for 10 years and speaks regularly at conferences and seminars.


Paul Rose appeared in the following cases concerned with employment status:

  • James v. Redcats (Brands) Ltd [2007] IRLR 296. A decision of Elias P on the word 'worker';
  • Franks v. Reuters [2003] IRLR 423 a decision of the Court of Appeal on the meaning of 'employee'.


He has also appeared in the following recent decisions in the field of discrimination:

  • Chief Constable of Lincolnshire v. Natasha Caston [2009] EWCA Civ 1298 Court of Appeal deprecates tribunal's reference to commentary on extension of time;
  • Okunu v. G4S [2008] ICR 598 burden of proof in discrimination case;
  • Scott v. The Commissioners of the Inland Revenue [2004] IRLR 713 a decision of the Court of Appeal on the assessment of compensation indiscrimination claims and costs;
  • Croft v. Royal Mail Group plc [2003] IRLR 592 a decision of the Court of Appeal on discrimination on the grounds of gender re assignment and also on the statutory defence;
  • Liversidge v. The Chief Constable of Bedford Police [2002] IRLR 651 a decision of the Court of Appeal on the liability of the Chief Constable for alleged acts of discrimination by police officers;
  • London Borough of Lambeth v. The Commission for Racial Equality [1990] IRLR 231 a decision of the Court of Appeal on 'genuine occupational qualification';
  • Meer v. London Borough of Tower Hamlets [1988] IRLR 299 court of appeal decision on indirect race discrimination;
  • Balgobin v. London Borough of Tower Hamlets [1987] ICR 829 decision on statutory defence.


He has also acted in a number of TUPE cases most notably:

  • Johnson Controls v. (1) Campbell (2) UKAEA [2012] All ER (D) 220 EAT decision in service provision change.
  • Law Society of England & Wales v. Secretary of State for Justice [2010] IRLR 407 decision of Queen’s Bench Division on whether a transfer of an undertaking.
  • Kerry Foods v. Creber [2000] IRLR 10 a wide-ranging decision on TUPE by Morison P.
  • Whent v. Cartledge Ltd [1997] IRLR 153 a decision of the EAT concerning the impact of TUPE on collective agreements.


Publications

  • PILJ, April 2010 - ““Deliberate Wrongdoing; a new method of analysis for vicarious liability.”
  • February 2009 -The Evolution of Vicarious Liability in Tort in Respect of Deliberate Wrongdoing
  • January 2006 – “Sowersby v. Charlton, When is an Admission not an Admission?”


Professional Memberships

  • Employment Law Bar Association
  • Employment Lawyers Association
  • Personal Injury Bar Association
  • Johnson Controls Limited v (1) Campbell; (2) UKAEA

    An employment judge had been entitled to find that there had been no "service provision change" within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.3(1)(b)...

  • IB v. CB

    A child claimant had not waived privilege by sending confidential financial reports to a judge, along with counsel's advice, for the purpose of helping the judge to determine whether to...

  • Stephen Lightfoot v. Go-Ahead Group Plc

    Contributory negligence was assessed at 40 per cent in the case of a claimant who had been hit by a bus when he had walked, very drunk, onto the carriageway...

  • Law Society of England and Wales v. Secretary of State for Justice

    The Queen's Bench Division held that there had not been a transfer of the claimant's undertaking, in that there had been no transfer of an economic entity which retained its...

  • Chief Constable of Lincolnshire v. Natasha Caston

    Court of Appeal deprecates tribunal's reference to commentary on extension of time.   In Chief Constable of Lincolnshire Police v. Caston the Court of Appeal has stressed that whether it...

  • Warren McKinlay v. (1) Richard Lambe (2) AIG UK Ltd

    A motorcyclist who had overtaken another motorcyclist shortly before a bend had created an emergency that resulted in his crossing the path that the other motorcyclist would have taken, effectively...

  • See all cases

     

pAwards

2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Legal 500 Top Ranked Barrister 2014 Ranked in Chambers & Partners 2014 Ranked in Legal 500 2013
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