Skip to content
Hendersons - Barristers' Chambers

Prashant Popat KC

“An esteemed silk specialising in health and safety and product liability cases…He is nationally acclaimed for his ability to successfully undertake the most complex cases…”

Chambers UK 2021


Call
1992
Silk
2008

Prashant Popat KC is a leading specialist in the areas of health & safety, product liability and group / class actions. He combines his work in these areas with a broad commercial litigation practice and significant inquests and public inquiries. Over the past three decades Prashant has been retained in some of the largest and most significant cases in his fields of expertise and his work sector experience includes healthcare, cosmetic surgery, pharmaceuticals, medical devices, rail, aviation, oil and gas, motor vehicles, construction and demolition, mining, telecommunications, manufacturing, fire and rescue.

Prashant is amongst the very few silks at the Bar who can genuinely claim to have a practice that combines heavyweight civil and commercial work with substantial regulatory criminal trials. He is as comfortable addressing appellate Courts on the finer points of the law governing civil liability for consumer products, as he is addressing a jury in a case of corporate manslaughter following a public disaster.

He has been ranked for many years in the highest categories by the legal directories.

In the field of health and safety Prashant has been awarded ‘Corporate Crime Silk of the Year’ 2022 by Legal 500 and twice been awarded ‘Health and Safety Silk of the Year’ by C&P. He is listed by C&P as a Star Individual and described as “a very effective advocate”. Similarly, Legal 500 (2023) say that he is “the best in his field and is very persuasive with his cerebral attention to detail which Judge’s and clients respect and appreciate”.  His health and safety practice involves trials and sentencing hearings at all levels of criminal courts, as well as inquests and inquiries, following workplace fatalities and public disasters such as Ladbroke Grove, Buncefield and Grenfell.

His work on inquests and inquiries has led Legal 500 (2023) to say he is “excellent with clients and his advocacy skills are superb. He is extremely intelligent and a pleasure to work with – a rare combination”. C&P (2023) says that in this area of practice “Prashant is really good on the detail; he is very responsive and is good at condensing a lot of information down to the key points”.

Over many years he has also conducted the defence of environmental litigation of all types, including personal injury claims, commercial disputes and regulatory prosecutions. For this work, Legal 500 (2023) says he is “brilliant and exceptionally clever, he delivers excellent dissemination of information and great rapport with clients.”

In the field of product liability he is “widely regarded as one of the foremost product liability specialists at the Bar” (C&P 2021) and described as “a very astute advocate with an excellent client manner” who is “amazingly dedicated and clever.” (C&P 2023). Likewise Legal 500 (2023) describes him as “extremely capable, very good with clients” and that he “quickly masters voluminous and complex documentation-all in all first rate”.

His product liability work encompasses unitary actions and some of the largest and most involved group actions ever to proceed through the English legal system. In these mass claims he has acted for global producers and suppliers, including the largest corporations in the world, in defending claims relating to allegedly defective medical devices (hip implants, breast implants), pharmaceuticals and vaccines (Sabril, Seroxat, MMR, HiB, Vioxx) and consumer products (mobile phones, motor vehicles). In the area of group litigation the directories say his “attention to detail is second to none” and that he is “an amazingly dedicated and clever barrister” as well as a “very good advocate”.


For more information about the way barristers at Henderson Chambers work, including our terms of engagement, fee transparency statement and our complaints process, please click here.  Barristers are regulated by the Bar Standards Board.

Please click here for a copy of Prashant Popat’s privacy policy.

 

Expertise


Product Liability & Group Actions

Prashant’s product liability and group action expertise encompasses many of the largest, most involved and high-profile cases of the past 20 years. These include litigation concerning: VW NOx emissions, Metal-on Metal hip implants, PIP breast implants, Thalidomide, Seroxat, MMR, Sabril, Benzodiazepines and Norplant. His commercial product liability practice includes Commercial Court and KBD litigation and arbitrations concerning a variety of products, including gastric bands, fire appliances, motor vehicles and aviation products.

He is one of the most experienced group litigation practitioners practicing in England and Wales. His group action work has encompassed defending a range of product liability claims. These include claims by consumers against producers in relation to any type of product from medical devices to pharmaceuticals to lifestyle products and usually involve tens of thousands of claims for millions of pounds of damages.

Prashant’s products related work also includes commercial disputes between parties in a supply chain, encompassing claims in contract, tort and by reason of breach of statutory obligations.

His non-contentious work has encompassed advising companies on compliance with their obligations under consumer protection legislation and in relation to product safety recalls. This advice has been given in relation to a variety of products and industries (e.g. pharmaceutical; motoring; mobile telephones; bathroom products).

Prashant has been involved in some of the leading reported cases in this field, including Court of Appeal decisions on the substitution of parties after the expiry of the 10 year long stop provided by the Product Liability Directive (Re: Horne Roberts) and the seminal costs sharing appeal (Sayers v Smith Kline Beecham) and the European Court of Justice and House of Lords/Supreme Court decisions in O’Byrne v Sanofi-Aventis

He is the co-editor of the “International Product Law Manual” published by Kluwer.

Representative cases

grid list
  • Crossley v VWAG, Audi et al

    Group action against manufacturers of affected vehicles. Various decisions including:

    • Crossley v Volkswagen Aktiengesellschaft [2021] EWHC 3444 (QB): Successfully defending the Claimants’ summary judgment and strike out application in respect of issues of satisfactory quality contractual claims.
    • Crossley v Volkswagen Aktiengesellschaft [2020] EWHC 783 (QB): Trial of a preliminary issue within VW NOx Emissions Litigation as to meaning of “defeat device” in EU legislation.
    • Crossley v Volkswagen Aktiengesellschaft [2019] EWHC 698 (QB): Determination of an application for a preliminary issues trial in VW NOx Emissions Litigation
    • VW Nox Emissions Group Litigation [2018] EWHC 2308: Determination of application for costs order arising from premature application for GLO
  • Martin Hart & Ors v Studio E & Ors:

    Multiple Claimants have issued proceedings arising from the Grenfell fire.

  • Lambeth v WH Smith

    Prosecution for breach of food safety regulations

  • John and ors v BP Plc et al

    Multi party action against BP companies arising from terrorist attack in Algeria. Decisions including:

    • Correa v BP Plc [2019] EWHC 232 (QB): Approval hearing in multi-party litigation against BP companies arising from terrorist attack in Algeria

  • Various v Smith & Nephew

    Multi-party claims against manufacturer of metal on metal hip implants. Decisions including

    • Gee v De Puy International [2018] EWHV 1208 (QB): Determination of metal on metal hip implant claims (submissions made on behalf of non-party)

  • Norfolk County Council v Emergency One

    (2018): Commercial sale of goods/supply chain dispute concerning liability for alleged defective components in fire appliance.

Health & Safety

Prashant has been instructed by defendants in many of the largest, high profile health and safety cases of recent times. These have included corporate and individual manslaughter prosecutions such as R V Hawkins (Eastbourne Pier fall), R v MNS (Glesion mine flooding), R v Woodward (Atherstone warehouse fire), R v Ward (demolition collapse), R v CAV (collapse of aviation materials), R v. Network Rail (Hatfield rail disaster) and R v Railtrack (Slade Lane disaster). Prashant’s work for defendants charged with breaches of HSWA 1974 has included hundreds of cases including R v Rogers (Hanover Square window frame collapse), R v BDS (Chevron refinery explosion), R v Falcon Cranes (crane collapse), R v HOSL (Buncefield fire), R v Network Rail (Ladbroke Grove, Potters Bar, Grayrigg and Southall disasters) and R v Davison (mine poisoning). His work has encompassed incidents in industries including construction, transport, retail, oil and gas, manufacturing and, mining. His list of clients includes BT, BP, Laing O’Rourke, Network Rail, McCain, Goldman Sachs, Amey, Siemens, Berkeley Group, Thames Water and Tarmac. He is also instructed in a relation to a number of ongoing investigations including those following the Grenfell fire and the Didcot Power Station collapse.

In addition to private sector companies, his public sector clients have included Hertfordshire Fire Service and the Metropolitan Police Authority.

Prashant has been recognized as the Legal 500 Corporate Crime Silk of the Year in 2023 and twice been awarded the title of Health and Safety Silk of the year by Chambers & Partners, and been nominated on two other occasions. He was a founding and committee member of the Health & Safety Lawyers’ Association.

Representative cases

grid list
  • HSE v BMI (2023)

    HSWA trial of hospital operator following fatal electrocution incident

  • Durham CC v Stonegate (2023)

    HSWA trial of bar operator following fatal incident involving a visitor

  • ORR v Siemens (2022)

    HSWA prosecution following fatality at Old Oak Common Depot

  • ORR v Amey (2022)

    HSWA prosecution following serious incident on the railways

  • R v Hawkins (2021)

    Manslaughter and HSWA trial arising from incident at Eastbourne Pier.

  • HSE v Leys School (2021)

    Sentencing hearing of independent school.

Public Inquiries & Inquests

Prashant has been retained in many high-profile public inquiries and a number of substantial inquests.

His practice in this area involves advising and representing clients in connection with all aspects of the procedures that can follow an incident leading to an inquest or public inquiry.

This experience includes the Grenfell public inquiry, the In Amenas terrorist attack inquest, the inquest into the death of a young offender at Cookham Wood YOI and the inquests and/or public inquiries following the disasters at Southall, Ladbroke Grove, Hatfield, Lambrigg and Potters Bar, He has also appeared at inquests for Interested Persons following accidents or deaths at work in industries including gas, manufacturing, mining, oil exploration, sugar refining, construction, retailing and agricultural.

In addition to private sector companies, he advises and represents public sector organisations in such inquests, including accidents and incidents concerning Fire Service personnel and patients at NHS hospitals. He also appeared in the case of R –v- Lin and others concerning the extent of the State’s Article 2 obligations to hold a public inquiry

The directories say “Prashant is really good on the detail; he is very responsive and is good at condensing a lot of information down to the key points” (C&P 2023). Further, that he is ‘Excellent with clients and his advocacy skills are superb. He is extremely intelligent and a pleasure to work with – a rare combination.’

Representative cases

grid list
  • Re Grenfell fire (ongoing)

    Public Inquiry

  • Re Begum (2022)

    Inquest following fatality on a smart motorway

  • Re Gervais (2022)

    Inquest following fatality of a passenger at a train station

  • Re Rehan (2022)

    Inquest following death of train driver at depot.

  • Re Roper (2021)

    Inquest into death of train passenger.

  • Re Garrett (2020)

    Inquest following death of spectator at cycling event.

Commercial

Prashant is a leading specialist in the area of commercial disputes, particularly concerning liability in respect of defective products. Over the past 2 decades Prashant has been retained in numerous significant commercial cases concerning products including the PIP Breast Implant Litigation, the Metal-on-Metal Hip Implant Litigation and the VW NOx Emissions Litigation and claims arising from the Grenfell fire. Prashant draws on a depth of experience in disputes as between entities in complex chains of manufacture and supply.

Prashant’s commercial practice has also seen him acting in relation to significant product recalls, consequential damage claims and recovery claims. These have covered many different products and industries including aviation, gastric bands, food, motor vehicles, manufacturing, automobiles and medical research.

Prashant has advised and represented a major rail infrastructure company in the commercial recovery actions following numerous train disasters. These multi million pound claims have involved actions brought between rail industry parties seeking compensation, contributions and indemnities under the contractual arrangements governing the privatised rail industry in respect of property damage, loss of profits and penalty payments.

In these and many other cases Prashant has been instructed by insurers seeking or resisting recovery of insured losses.

Representative cases

grid list
  • Drummond v Keolis Amey Docklands (ongoing)

    Trial scheduled in 2023 following claim for damages arising out of trespasser being struck by train on the DLR

  • Crossley v VWAG, Audi et al

    Group action against manufacturers of affected vehicles. Various decisions including:

    • Crossley v Volkswagen Aktiengesellschaft [2021] EWHC 3444 (QB): Successfully defending the Claimants’ summary judgment and strike out application in respect of issues of satisfactory quality contractual claims.
    • Crossley v Volkswagen Aktiengesellschaft [2020] EWHC 783 (QB): Trial of a preliminary issue within VW NOx Emissions Litigation as to meaning of “defeat device” in EU legislation.
    • Crossley v Volkswagen Aktiengesellschaft [2019] EWHC 698 (QB): Determination of an application for a preliminary issues trial in VW NOx Emissions Litigation
    • VW Nox Emissions Group Litigation [2018] EWHC 2308: Determination of application for costs order arising from premature application for GLO
  • Various Claimants v Studio E (Re Grenfell fire) (ongoing)

    Various claims brought by different parties against architects of refurbished Grenfell tower.

  • Bantoft v Priory Group (ongoing)

    Claims against Priory Hospital.

  • Fevore v Network Rail (2021)

    Claim for losses arising from oil spillage adjactent to Network Rail land.

  • Estrada & ors v BP plc & ors (2019)

    Consolidated actions brought by employees and contractors against BP for damages arising out of terrorist attack at In Amenas facility in Algeria.

 

What the directories say


"The leading most impressive advocate for health and safety, public inquiries, and inquests. Head and shoulders above all contemporaries."
Legal 500 2024

"A leading advocate for inquests and inquiries. He pays extraordinary attention to detail and is an expert in his field."
Legal 500 2024

"Prashant is superb and nothing puts him off his stride. He is first class with clients who love his considered and measured style."
Legal 500 2024

"Prashant is excellent at condensing complex technical matters into straightforward advice."
Legal 500 2024

"Prashant's ability of dealing with cases involving large corporates is second to none."
Chambers UK 2024

Instructing Prashant Popat KC

If you require help or advice please contact our clerking team

Call +44 (0)20 7583 9020
or email

Appointments
  • Bencher of Gray’s Inn
  • King’s Counsel (QC 2008)
  • Judicial Assistant to the Court of Appeal (1997)
  • Judicial Assistant to Lord Woolf when Master of the Rolls (1997)
Publications
  • International Product Law Manual (Kluwer) (2010)
  • Halsbury’s Laws Civil Procedure (2000)
  • A Guide to Civil Advocacy (1996)
Memberships
  • Health & Safety Lawyers’ Association (2005-present)
  • COMBAR (2004-present)
Education
  • MA (Oxon), First Class Hons
  • University Scholar
  • Baker & McKenzie International Scholar
  • Gray’s Inn Scholar
Regulatory Information

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

For more information about the way barristers at Henderson Chambers work, including our fee transparency statement and our complaints process, please click here.

Bar Council Number: 28477

VAT Registration Number: 564360343

Legal Status: King’s Counsel

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.

Regulated by the Bar Standards Board.

Shortlist Builder

Close

Select the Expertise that you would like to download or add to the shortlist

Download Add to shortlist
Shortlist close
Title Type CV

Remove All

Download


Click here to email this list.