Giles Mooney , KC
Giles specialises in civil litigation. His expertise includes catastrophic personal injury and clinical negligence claims. Giles has a healthy claimant/defendant split acting in high value and complex claims. He does the full range of personal injury work with particular interest in claims brought under the Animals Act 1971. He has regularly appeared in Court of Appeal in precedent setting litigation on this subject. His clinical negligence work encompasses injuries of the upmost severity as well as claims brought relating to medical products. Other professional negligence work includes claims against solicitors, veterinary surgeons, insurance brokers and surveyors. Giles's commercial work covers a broad spectrum of cases including sale of goods, construction, company and insolvency matters.
Giles is recommended as a leading junior in personal injury and clinical negligence in the Legal 500 and for personal injury in Chambers & Partners.
3 Contributions by Giles Mooney
PRECEDENTS
Employers' liability: kitchen slip by employee - County Court Particulars of Claim template citing Workplace Regulations 1992 and Occupiers' Liability Act 1957 (England and Wales)
IN THE COUNTY COURT AT [ INSERT ]
CLAIM NO
Between [ XX ] Claimant and [ YY ] Defendant
PARTICULARS OF CLAIM
At all relevant times the Claimant was employed by the Defendant as a Catering Assistant at the Defendant’s store at [ insert details ] (“The Store”), premises which the Defendant occupied for the purposes of the Occupiers’ Liability Act 1957 (“OLA 1957”).
On or around [ insert date ] the Claimant was at The Store in the course of [ her OR his ] employment. At approximately [ insert time ] the Claimant was walking through the kitchen area in the course of [ her OR his ] duties when [ she OR he ] slipped on grease that was on the floor, causing [ her OR his ] to fall to the floor...
PI & Clinical Negligence
PRECEDENTS
Template letter of claim against GP for negligent misdiagnosis and failure to refer — compliant with the Clinical Negligence Pre-Action Protocol (England and Wales)
To Defendant
Dear [ insert organisation name ]
Letter of Claim [ insert claimant’s name ] v [ insert defendant’s name ]
We are instructed to act for [ insert claimant’s name ] concerning treatment delivered/care provided at [ insert name of GP practice ] by [ insert name(s) of GP(s) if known ] on or about [ insert date(s) ]. Please inform us if you do not consider yourself the correct defendant or if you are aware of any other potential defendants. This correspondence is issued in accordance with the Pre-Action Protocol for the Resolution of Clinical Disputes.
Please acknowledge receipt of this letter in writing within 14 days and confirm who will be dealing with this matter.
Within four months of receipt, provide a Letter of Response stating whether the claim is admitted or denied and include copies of any documents relied upon.
If such a response is not received by the Claimant, the Claimant may commence court proceedings without further reference to you...
PI & Clinical Negligence
PRECEDENTS
Template Particulars of Claim: Employer’s Liability for Healthcare Assistant Attacked by Patient in Mental Health Ward (England and Wales)
[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION DISTRICT REGISTRY ] ] ]
CLAIM NO: [ Insert claim number ]
Between [ Insert name and details of the Claimant ] Claimant and [ Insert name and details of the Defendant ] Defendant
PARTICULARS OF CLAIM
At all relevant times the Claimant was engaged by the Defendant as a Healthcare Assistant.
On or around [ insert date ] the Claimant was on duty on the [ insert details ] Ward at the Defendant’s hospital, which provided care to service users with mental health issues.
The Claimant began [ his OR her ] shift at [ insert time ] and was assigned to a specific service user ([ insert name ]), undertaking constant observation...
PI & Clinical Negligence
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