Simon O’Dwyer

Year of call 2010

CClerk

Jack Wheeler
020 7269 0337 Email Jack

Simon is a specialist personal injury practitioner of over 5 years experience. He is frequently instructed by the country’s largest legal expense insurers and leading trade unions to represent claimants who have suffered serious and catastrophic injury. He is regularly instructed in claims valued up to and in excess of half a million pounds.

Prior to coming to the Bar in 2010, Simon worked in house for a national firm of personal injury solicitors. As a result he has an in depth understanding of day to day litigation and has the advantage of being able to use this experience to provide invaluable tactical advice at all stages of a claim.

He has quickly developed a reputation as a hard working and determined barrister who fights hard to ensure the best result possible for his clients. He is known for being easily approachable and for his ability to quickly engage with clients in conference.

Simon has extensive experience of the full spectrum of personal injury claims including accidents at work, road traffic accidents, occupier’s liability and Highways Act claims. He also has particular expertise in Consumer Protection Act 1987/defective product cases, cases involving assaults in the workplace and food poisoning claims.

More recently Simon has developed a niche practice in accidents aboard aircraft and ships. He has provided training and lectures on the application of the Montreal Convention.

His recent and current caseload include achieving settlement of £55,000 in a claim arising out of a slip in the workplace, the client having been previously advised that her claim did not have sufficient prospects of success to pursue. Simon also successfully appeared in one of the first trials of an Employer’s Liability action post dating the implementation of section 69 of the Enterprise and Regulatory Reform Act 2013.

Simon read law at the University of Bristol and was called to the Bar as a Harmsworth Scholar of the Middle Temple. He was graded ‘outstanding’ on the BVC and received the Baron Dr Ver Heyden de Lancey Prize from Middle Temple for achieving the highest mark on the BVC in 2010. Simon was also awarded the Wales and Chester Circuit Achievement Award for being the outstanding student on the BVC, the Temple Chambers Prize for the best performance in advocacy, the Lord Williams of Mostyn Achievement Award and the Angel Chambers Prize. He was also presented with the Kalisher Scholarship by the Attorney General, Dominic Grieve Q.C., at the Old Bailey in October 2010.


Simon’s personal injury practice is primarily fast track based. He also undertakes interlocutory work on the multi track. He is regularly instructed to provide written advice and to draft pleadings in road traffic, employer’s liability, occupier’s liability, public nuisance, defective premises and Consumer Protection Act cases. He provides representation for both claimants and defendants in fast track trials on both liability and quantum. He also accepts instructions in MOJ Portal cases.

His particular interest is in road traffic litigation having gained extensive experience of working in this area for a national firm of solicitors prior to coming to the Bar. Simon has a thorough understanding of the processes of day to day litigation and is able to provide practical advice throughout the life of a claim. His extensive trial experience in these matters ensures he is able to highlight the best points to take from a very early stage in proceedings. He is also frequently instructed in credit hire litigation.

Simon routinely advises in employer’s liability and occupier’s liability cases. He has presented lectures and given training to national firms of solicitors on the potential impact of the introduction of the provisions in the  Enterprise Act and how to tactically approach claims going forward. His advice is often sought in public nuisance and Consumer Protection Act cases.

Simon is rapidly establishing a very busy criminal injuries compensation practice. He is frequently instructed on behalf of claimants to advise on CICA offers and to provide representation at First Tier Tribunal hearings.

Examples of recent work include:

  • R v. CICA - original award of £1,000 by CICA increased to £100,000 on appeal.
  • S v. CICA - original award of £934 by CICA increased to £106,000 on appeal.
  • O v. CICA - award of £118,000.
  • A v. CICA - award of £158,000.
  • M v. CICA - award of £91,000.

 


Simon is quickly establishing a very busy employment practice. He has experience of all aspects of employment law including unfair dismissal, all types of discrimination, breach of contract and redundancy. He regularly appears on behalf of both claimants and respondents in multi day Tribunal hearings. Simon often gives lectures and provides training to solicitors nationwide on a variety of employment topics. He also provides representation at mediations and recently negotiated a settlement of £55,000 for a claimant.

Examples of recent work include:

  • F v. BHA - settlement of £55,000 negotiated on behalf of claimant at mediation.
  • Majrowski v. Imperial College NHS Trust - application to strike out breach of contract claim and discharge interim injunction at Royal Courts of Justice.
  • S v. Springwell Day Care - multi day claim for automatically unfair dismissal, sex discrimination, breach of MAPLE Regulations.
  • S v. Secretary of State for Justice - multi day discrimination, harassment and constructive dismissal claim.
  • R v. Kent CC - unfair dismissal, redundancy, unfair selection, discrimination.
  • U v. Serco - resisting application to extend time for presentation of unfair dismissal claim.
  • B v. Derby Hospitals NHS Trust - Multi day disability discrimination/failure to make reasonable adjustments claim.
  • C v. Oxford University Hospitals NHS Trust - Redundancy, unfair dismissal.
  • T v. Oldrids - 4 day sex discrimination and constructive dismissal case.

 


Simon is often instructed on behalf of professionals who face disciplinary charges brought by their professional body. He has experience of representing professionals before both conduct and competency committees.

Simon represented a dental nurse in a 6 day hearing before the General Dental Council in London. This case was particularly interesting as it was one of the first cases to be brought before the conduct committee on grounds of gross incompetence. Simon was successful in protecting the professional’s registration and persuaded the committee that conditions were an appropriate sanction.


Simon has also recently appeared on behalf of a social worker before the Health Care Professionals Council. Again he was successful in protecting the professional’s registration despite an admission of impairment. His submissions that suspension was unnecessary and that conditions were appropriate were accepted.

 


Simon has significant experience of both prosecuting and defending in the Magistrates’ court in respect of regulatory and motoring offences. His valuable experience of previously prosecuting such offences on behalf of both the CPS and various Local Authorities often greatly assists a defendant’s case. Simon has also appeared on behalf of defendants in the Crown Court.


In addition to frequently dealing with costs arguments following interim hearings and fast track trials, Simon is routinely instructed for detailed assessment of costs hearings. He was recently successful in arguing that a claimant had issued prematurely in breach of the pre-action protocol and accordingly should be limited to predictive costs. The bill of costs was reduced from £12,000 to £1,800 on assessment and the claimant was ordered to pay the defendant’s costs of the assessment hearing.

 


Simon is often instructed to appear on behalf of interested parties at inquests. He has also been involved in providing training to Trade Unions and solicitors on practice and procedure at inquests.

  • F v. BHA - settlement of £55,000 negotiated on behalf of claimant at mediation;
  • Majrowski v. Imperial College NHS Trust - application to strike out breach of contract claim and discharge interim injunction at Royal Courts of Justice;
  • R v. CICA - original award of £1,000 by CICA increased to £100,000 on appeal;
  • S v. CICA - original award of £934 by CICA increased to £106,000 on appeal;
  • GDC v. Page;
  • HCPC v. Parker.

pAwards

Simon is a specialist personal injury practitioner of over 5 years experience. He is frequently instructed by the country’s largest legal expense insurers and leading trade unions to represent claimants who have suffered serious and catastrophic injury. He is regularly instructed in claims valued up to and in excess of half a million pounds.

Prior to coming to the Bar in 2010, Simon worked in house for a national firm of personal injury solicitors. As a result he has an in depth understanding of day to day litigation and has the advantage of being able to use this experience to provide invaluable tactical advice at all stages of a claim.

He has quickly developed a reputation as a hard working and determined barrister who fights hard to ensure the best result possible for his clients. He is known for being easily approachable and for his ability to quickly engage with clients in conference.

Simon has extensive experience of the full spectrum of personal injury claims including accidents at work, road traffic accidents, occupier’s liability and Highways Act claims. He also has particular expertise in Consumer Protection Act 1987/defective product cases, cases involving assaults in the workplace and food poisoning claims.

More recently Simon has developed a niche practice in accidents aboard aircraft and ships. He has provided training and lectures on the application of the Montreal Convention.

His recent and current caseload include achieving settlement of £55,000 in a claim arising out of a slip in the workplace, the client having been previously advised that her claim did not have sufficient prospects of success to pursue. Simon also successfully appeared in one of the first trials of an Employer’s Liability action post dating the implementation of section 69 of the Enterprise and Regulatory Reform Act 2013.

Simon read law at the University of Bristol and was called to the Bar as a Harmsworth Scholar of the Middle Temple. He was graded ‘outstanding’ on the BVC and received the Baron Dr Ver Heyden de Lancey Prize from Middle Temple for achieving the highest mark on the BVC in 2010. Simon was also awarded the Wales and Chester Circuit Achievement Award for being the outstanding student on the BVC, the Temple Chambers Prize for the best performance in advocacy, the Lord Williams of Mostyn Achievement Award and the Angel Chambers Prize. He was also presented with the Kalisher Scholarship by the Attorney General, Dominic Grieve Q.C., at the Old Bailey in October 2010.


Simon’s personal injury practice is primarily fast track based. He also undertakes interlocutory work on the multi track. He is regularly instructed to provide written advice and to draft pleadings in road traffic, employer’s liability, occupier’s liability, public nuisance, defective premises and Consumer Protection Act cases. He provides representation for both claimants and defendants in fast track trials on both liability and quantum. He also accepts instructions in MOJ Portal cases.

His particular interest is in road traffic litigation having gained extensive experience of working in this area for a national firm of solicitors prior to coming to the Bar. Simon has a thorough understanding of the processes of day to day litigation and is able to provide practical advice throughout the life of a claim. His extensive trial experience in these matters ensures he is able to highlight the best points to take from a very early stage in proceedings. He is also frequently instructed in credit hire litigation.

Simon routinely advises in employer’s liability and occupier’s liability cases. He has presented lectures and given training to national firms of solicitors on the potential impact of the introduction of the provisions in the  Enterprise Act and how to tactically approach claims going forward. His advice is often sought in public nuisance and Consumer Protection Act cases.

Simon is rapidly establishing a very busy criminal injuries compensation practice. He is frequently instructed on behalf of claimants to advise on CICA offers and to provide representation at First Tier Tribunal hearings.

Examples of recent work include:

  • R v. CICA - original award of £1,000 by CICA increased to £100,000 on appeal.
  • S v. CICA - original award of £934 by CICA increased to £106,000 on appeal.
  • O v. CICA - award of £118,000.
  • A v. CICA - award of £158,000.
  • M v. CICA - award of £91,000.

 


Simon is quickly establishing a very busy employment practice. He has experience of all aspects of employment law including unfair dismissal, all types of discrimination, breach of contract and redundancy. He regularly appears on behalf of both claimants and respondents in multi day Tribunal hearings. Simon often gives lectures and provides training to solicitors nationwide on a variety of employment topics. He also provides representation at mediations and recently negotiated a settlement of £55,000 for a claimant.

Examples of recent work include:

  • F v. BHA - settlement of £55,000 negotiated on behalf of claimant at mediation.
  • Majrowski v. Imperial College NHS Trust - application to strike out breach of contract claim and discharge interim injunction at Royal Courts of Justice.
  • S v. Springwell Day Care - multi day claim for automatically unfair dismissal, sex discrimination, breach of MAPLE Regulations.
  • S v. Secretary of State for Justice - multi day discrimination, harassment and constructive dismissal claim.
  • R v. Kent CC - unfair dismissal, redundancy, unfair selection, discrimination.
  • U v. Serco - resisting application to extend time for presentation of unfair dismissal claim.
  • B v. Derby Hospitals NHS Trust - Multi day disability discrimination/failure to make reasonable adjustments claim.
  • C v. Oxford University Hospitals NHS Trust - Redundancy, unfair dismissal.
  • T v. Oldrids - 4 day sex discrimination and constructive dismissal case.

 


Simon is often instructed on behalf of professionals who face disciplinary charges brought by their professional body. He has experience of representing professionals before both conduct and competency committees.

Simon represented a dental nurse in a 6 day hearing before the General Dental Council in London. This case was particularly interesting as it was one of the first cases to be brought before the conduct committee on grounds of gross incompetence. Simon was successful in protecting the professional’s registration and persuaded the committee that conditions were an appropriate sanction.


Simon has also recently appeared on behalf of a social worker before the Health Care Professionals Council. Again he was successful in protecting the professional’s registration despite an admission of impairment. His submissions that suspension was unnecessary and that conditions were appropriate were accepted.

 


Simon has significant experience of both prosecuting and defending in the Magistrates’ court in respect of regulatory and motoring offences. His valuable experience of previously prosecuting such offences on behalf of both the CPS and various Local Authorities often greatly assists a defendant’s case. Simon has also appeared on behalf of defendants in the Crown Court.


In addition to frequently dealing with costs arguments following interim hearings and fast track trials, Simon is routinely instructed for detailed assessment of costs hearings. He was recently successful in arguing that a claimant had issued prematurely in breach of the pre-action protocol and accordingly should be limited to predictive costs. The bill of costs was reduced from £12,000 to £1,800 on assessment and the claimant was ordered to pay the defendant’s costs of the assessment hearing.

 


Simon is often instructed to appear on behalf of interested parties at inquests. He has also been involved in providing training to Trade Unions and solicitors on practice and procedure at inquests.

  • F v. BHA - settlement of £55,000 negotiated on behalf of claimant at mediation;
  • Majrowski v. Imperial College NHS Trust - application to strike out breach of contract claim and discharge interim injunction at Royal Courts of Justice;
  • R v. CICA - original award of £1,000 by CICA increased to £100,000 on appeal;
  • S v. CICA - original award of £934 by CICA increased to £106,000 on appeal;
  • GDC v. Page;
  • HCPC v. Parker.

pAwards

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