Paul Rose QC

Year of call 1981 Silk 2002

CClerk

William Meade
020 7269 0360 Email William

Paul Rose has split his practice between employment law and personal injury in claims. In recent year he has focussed primarily on the latter. He is instructed in high value traumatic brain injury and spinal cord injury claims by specialist firms of solicitors across the country.  A sample of his recent work is provided below. Until 2019 he sat as a fee paid employment judge. He is a Deputy Head of Chambers and a member of the Board of Management.

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

“An exceptionally knowledgeable barrister and a very safe pair of hands. He’s the barrister you would want to instruct to fight difficult and complex cases and challenge the status quo. He is a true gentleman and a credit to the profession.” “He’s highly analytical, thorough and steely in negotiations.” Chambers & Partners 2020

“Achieves great results for clients in high value maximum severity brain and spinal cord injury claims.” Legal 500 2020

“Able to analyse difficult liability arguments and construct a workable roadmap for any case.” “Has a superb intellect and is able to see the important points in complex cases. He combines immense cerebral capacity with a down-to-earth bedside manner.” “A leader in his field who is very good at client care and a fantastic advocate with excellent judgement. He spots key issues rapidly and provides very sound and practical advice on difficult cases.” Chambers & Partners 2019

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"

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".

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 – “Sowerby v. Charlton, When is an Admission not an Admission?”

Professional Memberships

  • Employment Law Bar Association
  • Employment Lawyers Association
  • Personal Injury Bar Association
  • AV v AB. Severe Traumatic Brain Injury. Settled at JSM in June 2020 for lump sum of £9.75m awaiting approval by Court
  • XYZ V FGL  Severe head injury with complicated issues over compliance with rehabilitation programme, settled at JSM in May 2020  for Lump sum of £2.4m and periodical payments for care and case management of £125,000 p.a.
  • HPS v PC Severe Traumatic Brain Injury: Liability settled at JSM 87.5/22.5 in the Claimant’s favour approved by Court in March 2020
  • SM v TB Severe Traumatic Brain Injury settled at JSM for a 8 figure Lump sum award, approved by the Court in January 2020
  • HP v ETM Contractors Severe Traumatic Brain Injury settled at JSM Lump sum £3m and periodical payments for care and case management £65,641 approved by the Court in  December 2019.
  • MNL v TRW  Severe Traumatic Brain Injury settled at JSM for 8 figure lump sum approved by the Court  November 2019
  • JXS v SXP Complex brain injury case where the Claimant, a young man refused to engage with the MDT rehabilitation team, settled at JSM lump sum £3.2m approved by the Court in September 2020.
  • HH v JB Moderate traumatic brain injury settled at mediation March 2019 Lump sum £1.4m
  • AB v Smith’s Gloucester Ltd Traumatic Brain Injury settled at JSM Lump sum £4.2m approved by the Court January 2019
  • Mehmetemin v Farrell [2017] EWHC 103 (QB) severe lower limb orthopaedic injury Court awarded £967,000JH & 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;
  • Brown v. Mujabi  [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;  

Paul Rose has many years of 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 acted for the Service men injured in the Kajaki  Dam mine strike in 2006. He has acted in a number of other high profile claims for Service Personnel against the Ministry of Defence. He has extensive experience acting for claimants who have suffered catastrophic injuries.

 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;
  • 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.
  • Pearson v British Midland Airways [1988] C.L.Y 1503 – Claim for PTSD arsing from Kegworth Air Disaster
  • Forey v London Buses [1991] I WLR 327 – Court of Appeal  - quantum and costs

Paul Rose QC  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 16 years until 2019.

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;
  • Leicester University v A [1999] ICR 701 – Restricted reporting orders.
  • London Borough of Lambeth v. The Commission for Racial Equality [1990] IRLR 231 a decision of the Court of Appeal on 'genuine occupational qualification';
  • London Borough of Tower Hamlets v Rabin (1989) ICR 693
  • 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.

Unfair Dismissal

  • Kerry Foods v Lynch [2005] IRLR 680
  • Crossville v Tracey [1998] AC 167 House of Lords: Employment Tribunal’s jurisdiction  to consider reduction of Compensation in unfair dismissal  selective re-engagement  for contributory fault.
  • Isleworth Studios Ltd v Rickard [1988] 2 WLR 1059 EAT appeal on compensation

Other Employment Cases

  • R v West Yorkshire Fire and Civil Defence Authority ex parte McCalman [2001] OPLR 85
  • Wiluszynski v London Borough of Tower Hamlets [1989] ICR 493 – Court of Appeal – breach of contract – limited industrial action.
  • 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

2019 C&P individual 2019 Legal 500 individual C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister

Paul Rose has split his practice between employment law and personal injury in claims. In recent year he has focussed primarily on the latter. He is instructed in high value traumatic brain injury and spinal cord injury claims by specialist firms of solicitors across the country.  A sample of his recent work is provided below. Until 2019 he sat as a fee paid employment judge. He is a Deputy Head of Chambers and a member of the Board of Management.

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

“An exceptionally knowledgeable barrister and a very safe pair of hands. He’s the barrister you would want to instruct to fight difficult and complex cases and challenge the status quo. He is a true gentleman and a credit to the profession.” “He’s highly analytical, thorough and steely in negotiations.” Chambers & Partners 2020

“Achieves great results for clients in high value maximum severity brain and spinal cord injury claims.” Legal 500 2020

“Able to analyse difficult liability arguments and construct a workable roadmap for any case.” “Has a superb intellect and is able to see the important points in complex cases. He combines immense cerebral capacity with a down-to-earth bedside manner.” “A leader in his field who is very good at client care and a fantastic advocate with excellent judgement. He spots key issues rapidly and provides very sound and practical advice on difficult cases.” Chambers & Partners 2019

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"

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".

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 – “Sowerby v. Charlton, When is an Admission not an Admission?”

Professional Memberships

  • Employment Law Bar Association
  • Employment Lawyers Association
  • Personal Injury Bar Association
  • AV v AB. Severe Traumatic Brain Injury. Settled at JSM in June 2020 for lump sum of £9.75m awaiting approval by Court
  • XYZ V FGL  Severe head injury with complicated issues over compliance with rehabilitation programme, settled at JSM in May 2020  for Lump sum of £2.4m and periodical payments for care and case management of £125,000 p.a.
  • HPS v PC Severe Traumatic Brain Injury: Liability settled at JSM 87.5/22.5 in the Claimant’s favour approved by Court in March 2020
  • SM v TB Severe Traumatic Brain Injury settled at JSM for a 8 figure Lump sum award, approved by the Court in January 2020
  • HP v ETM Contractors Severe Traumatic Brain Injury settled at JSM Lump sum £3m and periodical payments for care and case management £65,641 approved by the Court in  December 2019.
  • MNL v TRW  Severe Traumatic Brain Injury settled at JSM for 8 figure lump sum approved by the Court  November 2019
  • JXS v SXP Complex brain injury case where the Claimant, a young man refused to engage with the MDT rehabilitation team, settled at JSM lump sum £3.2m approved by the Court in September 2020.
  • HH v JB Moderate traumatic brain injury settled at mediation March 2019 Lump sum £1.4m
  • AB v Smith’s Gloucester Ltd Traumatic Brain Injury settled at JSM Lump sum £4.2m approved by the Court January 2019
  • Mehmetemin v Farrell [2017] EWHC 103 (QB) severe lower limb orthopaedic injury Court awarded £967,000JH & 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;
  • Brown v. Mujabi  [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;  

Paul Rose has many years of 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 acted for the Service men injured in the Kajaki  Dam mine strike in 2006. He has acted in a number of other high profile claims for Service Personnel against the Ministry of Defence. He has extensive experience acting for claimants who have suffered catastrophic injuries.

 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;
  • 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.
  • Pearson v British Midland Airways [1988] C.L.Y 1503 – Claim for PTSD arsing from Kegworth Air Disaster
  • Forey v London Buses [1991] I WLR 327 – Court of Appeal  - quantum and costs

Paul Rose QC  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 16 years until 2019.

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;
  • Leicester University v A [1999] ICR 701 – Restricted reporting orders.
  • London Borough of Lambeth v. The Commission for Racial Equality [1990] IRLR 231 a decision of the Court of Appeal on 'genuine occupational qualification';
  • London Borough of Tower Hamlets v Rabin (1989) ICR 693
  • 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.

Unfair Dismissal

  • Kerry Foods v Lynch [2005] IRLR 680
  • Crossville v Tracey [1998] AC 167 House of Lords: Employment Tribunal’s jurisdiction  to consider reduction of Compensation in unfair dismissal  selective re-engagement  for contributory fault.
  • Isleworth Studios Ltd v Rickard [1988] 2 WLR 1059 EAT appeal on compensation

Other Employment Cases

  • R v West Yorkshire Fire and Civil Defence Authority ex parte McCalman [2001] OPLR 85
  • Wiluszynski v London Borough of Tower Hamlets [1989] ICR 493 – Court of Appeal – breach of contract – limited industrial action.
  • 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

2019 C&P individual 2019 Legal 500 individual C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister
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