Samuel David
Sam is a Partner at Anthony Gold, specialising in personal injury and clinical negligence matters. Throughout his career he has worked closely with Partner Jenny Kennedy on a wide variety of cases. Sam’s clients come to him with a wide range of injuries, from catastrophic personal injury to road traffic accident cases as well as birth injuries through to cauda equina syndrome matters. He has wide experience of dealing with foreign national claims helping people who have been injured whilst working or holidaying in the UK, as well as British nationals injured abroad.
Making a difference at the start of a personal injury claim is very important to Sam and comprehensive rehabilitation for his clients is always at the forefront of his mind.
He is known for his ability to provide compassionate, pragmatic, and realistic legal advice to his clients and/or their families. He aggressively pursues the best financial settlement possible.
Sam is also a regular contributor to Kemp and Kemp.
Practice Area
Panel
- Contributing Author
5 Contributions by Samuel David
PRACTICE NOTES
Applying the Serious Injury Guide to high-value (over £250,000) personal injury claims: collaboration, liability, rehabilitation, interim damages, disclosure and costs (England and Wales)
Introduction
There are several bodies dedicated to reshaping how claimants and defendants collaborate on serious injury matters, improving behaviours and expectations through agreed ways of working. The not-for-profit campaign organisation, the Association of Personal Injury Lawyers (APIL), stands as a prominent advocate for injured people. The Forum of Insurance Lawyers (FOIL) speaks for defendants, partnering with APIL in a joint endeavour to streamline litigation in catastrophic injury cases. Together with leading insurers, APIL and FOIL have authored the ‘Guide to the Conduct of Cases Involving Serious Injury’, more widely known as the Serious Injury Guide. To access the Guide, see here: Serious Injury Guide. The Guide was created to foster cooperative working between claimant and defendant representatives in cases where damages exceed £250,000 and are expected to include claims for ongoing future loss (clinical negligence and asbestos-related disease matters are excluded). Numerous claimant, defendant and insurance organisations have signed the Guide, thereby demonstrating commitment to the approach outlined in the document...
PI & Clinical Negligence
PRACTICE NOTES
MIB Uninsured Drivers' Agreement 2015 (Great Britain): procedure, liability, exclusions, passenger claims, and dispute resolution, with 2017 and 2022 updates
NOTE
This Practice Note concerns the MIB Uninsured Agreement 2015 and covers accidents occurring on or after 1 August 2015. For the previous 1999 agreement (which applies to road traffic accidents between 1 October 1999 and 31 July 2015), see MIB Uninsured Agreement 1999.
For accidents taking place on or after 1 March 2017, clauses 7 (vehicle damage) and 9 (terrorism) are omitted from the MIB Uninsured Agreement 2015. These clauses were removed by the Supplementary MIB Agreement 2017, but they remain applicable to accidents that occurred on or after 1 August 2015 and before 1 March 2017.
When an uninsured driver causes an accident, they will frequently lack the resources to pay compensation themselves. As a result, the claimant seeks compensation from the Motor Insurers’ Bureau (MIB). Subject to certain conditions and exclusions, the MIB must satisfy any outstanding judgment, including costs, under the MIB Uninsured Agreement 2015. Given the nature of uninsured drivers, claims brought by their passengers often raise issues about seat belt use, drink or drugs, and whether there was a joint enterprise in the commission of a crime. (The clause in the 1999 Agreement...
PI & Clinical Negligence
PRACTICE NOTES
Quantifying past loss of earnings in personal injury claims: calculation, evidence, tax/NI, benefits and sick pay, employees and the self-employed, mitigation and Smith v Manchester
Common issues
Claims for loss of earnings arise regularly in personal injury cases and are frequently the biggest head of damages. For guidance on future losses, see Practice Note: Future loss of earnings—personal injury claims. Although many valuations are straightforward, recurring complications include:
financial complexity, for instance a member of a partnership pursuing lost profits
uncertainty, such as where the claimant’s career path was unclear or income was variable
evidential difficulty, for example where earnings were undeclared
Calculating the net loss of earnings 13-week approach
For those in stable employment, pre-accident net pay is usually assessed by averaging earnings from the three months, or 13 weeks, immediately before the accident. The figures can be drawn from payslips, though the employer will generally supply the data. If the level of pay is disputed, obtain bank statements as proof of wages, particularly where payment is made by BACS. The employer should also confirm the exact dates of absence...
PI & Clinical Negligence
PRACTICE NOTES
Untraced driver claims under the MIB: 2017 Agreement scope and exclusions, uninsured vs untraced, procedure, costs, and post-Brexit/2022 reforms
Note: For collisions after 1 March 2017, the Motor Insurers’ Bureau (MIB) will meet claims for damage to an uninsured motorist’s car where another untraced driver caused it. The government said this amendment was required to comply with the EU Motor Insurance Directive and that the changes would be revoked following Brexit.
The untraced driver
Where the motorist who causes a crash cannot be identified, for example after a hit-and-run, the claimant should apply straight to the MIB. Under the terms of the applicable agreement, the MIB will compensate a victim of an accident involving an untraced driver for:
injuries
death
property damage
The Untraced Drivers’ Agreement 2017 covers accidents on or after 1 March 2017. For accidents on or after 14 February 2003 and before 1 March 2017, the Untraced Drivers’ Agreement 2003 applies. Before that, claims concerning untraced drivers fell under the Untraced Drivers’ Agreement 1996. There were supplementary agreements in 2008, 2011, 2013 and 2015. The MIB offers a helpful Correlation Table setting out the differences between the 2003 and 2017 Agreements. In Cameron, a Victims should apply directly to the MIB for compensation in line with the relevant Untraced Drivers’ Agreement and any supplementary provisions therein...
PI & Clinical Negligence
PRECEDENTS
Particulars of claim precedent: uninsured driver road traffic accident with Motor Insurers’ Bureau joined and contingent liability declaration under the 2015 Uninsured Drivers’ Agreement
Claim no: [ insert claim number ]
In the county court at [ insert ]
Between [ INSERT CLAIMANT’S NAME ] Claimant
-and- [ INSERT FIRST DEFENDANT’S NAME ] First Defendant
-and- Motor Insurers’ Bureau Second Defendant
Particulars of claim
[ Insert introductory wording if relevant, for example: The Claimant is [ insert details ] ]
At all relevant times:
The Claimant was [ insert details, for example the driver of ]
The First Defendant was the driver of [ insert details, for example registration number ]
The Second Defendant is joined to these proceedings for the reasons set out further below...
PI & Clinical Negligence
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