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Hendersons - Barristers' Chambers

Angus Withington

"A comprehensive and persuasive advocate, who has a fantastic manner with clients."

Legal 500 2016


Call
1995

Angus Withington is an experienced common law and commercial barrister, who has been recognized in the legal directories for a number of years as a leading practitioner in the fields of health and safety and personal injury.

His practice also encompasses the full range of work undertaken in Chambers, notably product liability and group actions, insurance and professional discipline. He has been described in the Legal 500 as “a comprehensive and persuasive advocate, who has a fantastic manner with clients”, “an excellent negotiator”, the provider of “quick, concise advice” who “achieves great results” and being “quick to establish a good rapport with clients”.

He is also a Recorder of the Crown Court and is the Vice Chairman of the Appeal Committee of the Institute of Chartered Accountants in England and Wales.

 

Expertise


Personal Injury

Angus has a strong personal injury practice, which covers the full range of accidents.  He is particularly noted for his work relating to catastrophic work place accidents and in cases where there are difficult issues of medical causation and allegations of fraud.

He is regularly instructed by Defendants in large multi-million pound claims, often acting alone against QCs.  His recent instructions include a £16 million fatal accident claim, a £10million fatal accident claim and a £8 million personal injury claim.

He is listed as a leading junior for Personal Injury work by the Legal 500.

Representative cases

grid list
  • Crooks v Hendricks Lovell Limited [2016] EWCA Civ 8

    Decision by the Court of Appeal that Part 36 offers expressed net of CRU are to be assessed after any challenges to the certificate had been undertaken.

  • MacLeod v Commissioner of the Metropolis [2015] EWCA Civ 688

    Acting for the successful Claimant, who was catastrophically injured by a police car responding to an emergency call.

  • Harrison v Technical Signs Limited and others [2014] PNLR 15

    Acting for property owners in a claim brought by three Claimants, who were severely injured by the fall of a shop sign onto a highway.

  • Smithurst v Sealant Construction Services Limited [2012] Med LR 258

    The Court of Appeal upheld a decision that a Claimant’s damages should be limited to a two year acceleration period.

  • Grant Couzens v T McGee & Co Ltd (now t/a McGee Group Ltd) (2009) PIQR P14

    The Court of Appeal determined that a makeshift tool did not amount to “work equipment” under the Provision and Use of Work Equipment Regulations 1998 where an employer had not given either express or implied permission for its use.

Health & Safety

Angus has considerable Health & Safety experience appearing in all courts up to and including the Court of Appeal, notably in the defence of prosecutions instituted by the HSE. He has also acted in a number of prosecutions brought by the London Fire and Emergency Planning Authority and for offences under the Environmental Protection Act.

He is listed as a Leading Junior in Health and Safety law by the Legal 500.

Angus is also very experienced in acting for interested persons at Inquests. His recent instructions have included representing:

  • a medical device manufacturer following the death of a patient after complications during surgery
  • a care home following an accidental drugs overdose by a resident
  • a lift installation company following the death of an employee
  • a London school at a high profile Inquest concerning the death of a pupil an electricity company following a house fire which started in the vicinity of a fuse box
  • a company following the death of an employee in a chain-saw accident at work the driver of a works vehicle involved in a collision leading to the death of a motorcyclist.

Representative cases

grid list
  • HSE v Haynes Park Science of the Soul (2018)

    HSE prosecution arising out of a fatal accident suffered by a volunteer at a spiritual charity. (March 2018)

    Link to press coverage here

  • British Cycling Inquest (2018)

    Acting for interested party week long Inquest involving British Cycling arising out of a fatality at a cycle circuit race accident. The Inquest concluded with a conclusion of accidental death.

    Link to press coverage here 

  • HSE v Castle Homes Limited (2017)

    Defending a residential care home in proceedings following the drowning of a child in its care.

  • HSE v Foodles Production (UK) Limited (2016)

    Representing Defendant with Charles Gibson QC in a prosecution arising from the accident to Harrison Ford on the set of Star Wars: The Force Awakens.

  • HSE v Boswells Academy Trust (2016)

    Representing a school in a prosecution arising from historic failures to manage the risk presented by asbestos.

  • Canterbury City Council v Rec Tech Leisure Limited (2015)

    Representing Defendant in a successful appeal on sentence before the Court of Appeal following a serious injury to a child using inflatable play equipment.

Product Liability

Angus is regularly instructed in relation to product liability claims, both individually and as part of larger teams of Counsel.

His principal areas of work include:

  • Medical Devices (eg. Metal on Metal Hip Litigation, Endovascular Devices, Cardioverter-Defibrillators, Mesh)
  • Vehicles (eg. electrical fires, tyres, tow bars, airbags)
  • Workplace and Commercial equipment (eg. lifts, hydraulic crushers, bead seaters)
  • Fairground rides
  • Construction materials (eg. insulation, cement, adhesives)
  • Clothing

Angus has also advised on a number of national and international product recalls.

Commercial & Insurance

Angus undertakes general commercial and contractual litigation, particularly in relation to insurance, guarantees and the sale of goods.  He has notable experience in insurance coverage disputes.

Representative cases

grid list
  • Maison Blanc Ltd v Active Commercial Interiors Limited & Others [2013] BLR 244

    Successful breach of contract claim providing a full indemnity for damages payable to Claimants injured by the collapse of a shop frontage.

  • Omega Proteins Ltd v Aspen Insurance UK Ltd [2011] Lloyd’s Rep IR 183

    Whether a judgment for breach of contract against an Insured prevented a Third Party pursing a subsequent claim based upon negligence against the Insurer under the 1930 Act.

  • Smith’s Vitamins & Herbs Ltd v Ceprodi Compagnie European De Produits Dietetiques SA - [2010] All ER (D) 196 (Mar)

    Contractual claim arising from supply of food supplements in France.

Professional Discipline

Angus is highly experienced in the field of professional discipline and regulatory law. He is Vice-Chairman of the Appeal Committee of the Institute of Chartered Accountants in England and Wales and a Legal Assessor for the Chartered Institute of Management Accountants (Investigatory, Disciplinary and Appeal Committees).

He also has particular experience in relation to proceedings before the Institute of Structural Engineers, the Architects Registration Board, the General Medical Council and the General Osteopathic Council.

Employment

Angus undertakes a full range of employment work, including all aspects of discrimination. He regularly appears in the EAT, Tribunals and the civil courts in relation to such claims.

Representative cases

grid list
  • Ibekwe v Sussex Partnership NHS Foundation Trust (2014) EAT

    Successful resistance of an appeal arising from protected disclosures made at work.

  • Vivian v Bournemouth Borough Council (2011) EAT

    Whether protected disclosures could be said to have resulted in the unfair dismissal of an employee.

  • Whitelock & Storr v Khan (2010) EAT

    Successful appeal of a Tribunal’s finding that a solicitor had been dismissed for making a protected disclosure.

  • G v T Bank (2010)

    Successful claim of age discrimination on behalf of a trader employed by an international bank.

 

Instructing Angus Withington

If you require help or advice please contact our clerking team

Call +44 (0)20 7583 9020
or email

Appointments
  • Crown Court Recorder (2012 – date)
Publications
  • Tolley’s Health and Safety at Work (2011)
Memberships
  • British Insurance Law Association
  • Health & Safety Lawyers Association
  • Personal Injuries Bar Association
Education
  • Inns of Court School of Law (Outstanding) (1995)
  • Diploma in Law, City University (1994)
  • Prince of Wales Scholarship, Gray’s Inn (1994)
  • Karmel Award, Gray’s Inn (1993)
  • BA Hons, University of Durham (1993)
Regulatory Information

All members of Chambers are registered with the Bar Standards Board of England and Wales. For our standard contractual terms click here.

Bar Council Number: 34406

VAT Registration Number: 681518815

Legal Status: Barrister

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd. Territorial coverage is world-wide and subject to the term of the Bar Mutual. Click here for details.

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