Edmund Townsend

Year of call:
2006
Email:
edmund.townsend@39essex.com

Clerks:
+44 (0)20 7832 1111

Edmund undertakes work across the spectrum of Chambers’ practice areas including insurance, product liability, professional negligence, clinical negligence, personal injury, property damage and nuisance claims.

Product Liability


Edmund undertakes Product liability work (with particular experience in relation to medical / pharmaceutical products, products for the motor industry and consumer retail products).

Professional Negligence


Edmund has experience of acting and advising in professional negligence claims. In particular, Edmund has undertaken work in relation to legal professionals, the construction industry and insurance brokers. Edmund also advises in relation to associated issues arising out of professional indemnity insurance.

Property Damage


Edmund undertakes work arising out of property damage caused by fire, flood, pollution and other risks.

Commercial


Edmund has a particular interest in insurance related cases. Edmund is regularly instructed to advise or appear in court in relation to the construction of insurance policy wordings, avoidance of policies of insurance for misrepresentation and non-disclosure, breach of warranty, claims by Third Parties or in relation to subrogated claims. Edmund has experience in relation to all types of liability insurance, Critical Illness and life assurance, Motor indemnity, Cargo insurance and Construction All Risks insurance.

Edmund is a Teaching Fellow at University College London where he is the course convener for the insurance law module on the LLM.

Before coming to the Bar Edmund spent two years working as a research assistant in the Commercial and Common Law team of the Law Commission, where he was assigned to the review of insurance contract law. Edmund has since undertaken work for the Law Commission on a consultancy basis assisting with their insurance law project. Edmund is therefore familiar with the provisions of the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.

Clinical Negligence


Edmund undertakes clinical negligence work and has recent experience of matters involving oncologists, optometrists, ophthalmologists, orthopaedic consultants and General Practitioners including matters such as delayed diagnosis, surgical errors and failure to provide aftercare.

Personal Injury


Edmund regularly attends Court, joint settlement meetings and mediations in multi track matters. In addition, Edmund has a busy paperwork practice advising in relation to liability, evidence and quantum or drafting statements of case or applications.

Edmund’s experience covers the full spectrum of personal injury work including: Brain injuries; Complex Regional Pain Syndrome claims; Claims brought pursuant to the Fatal Accidents Act 1976; Road Traffic Accidents (including motor insurance issues and fraud); Employer’s liability (experience of all the regulations); Defective products; Defective premises; Occupier’s liability; Highways claims; Claims brought pursuant to the Animals Act 1971; and Claims involving rail companies (including CAHA).

Related Cases


Notable cases:

Kudox Ltd v NIG

Successfully defended, at trial, claim in respect of goods that were alleged to have been stolen during the course of a robbery. Whether goods taken by ‘violent and forcible means’.

Swinglehurst v Battersby

Nuisance claim brought in the High Court. Claim in the region of £1,000,000 settled at mediation.

Sturt v St James Place UK Plc

Successfully recovered in the region of £500,000 under critical illness policy.

Warner Midland Plc v New India Insurance Assurance Company Ltd

Successfully resisted £2.5 million claim brought pursuant to the Third Parties (Rights Against Insurers) Act 1930. Led by J Watt Pringle QC.

Re Swanton

Obtained award in excess of £500,000 for Claimant in successful CICA eligibility appeal.

LC v Grab & Skip Hire

Significant claim for personal injury leading to a dispute between EL and Motor insurers.

A v New India Assurance Company Limited

Fatal Accident claim with issues surrounding exclusions contained within EL policy of insurance.

IBCO Ltd v CNA Insurance Company Ltd

Claim in excess of £500,000 under marine cargo policy. Case concerned with whether frozen foods damaged by temperature abuse.

A Retailer v A and B

Acted pro bono for the defendant defeating civil recovery claim by a major high street retailer against a shoplifter for administrative and staff costs alleged to be due following their apprehension by security staff. Nominated for the Sydney Elland Goldsmith Bar Pro Bono Award.

OTG Ltd v Luke

Case overturned Oakland v Wellwood (Yorkshire) Ltd [2009] IRLR 250. EAT determined that Administration proceedings are not capable of constituting bankruptcy or analogous insolvency proceedings with a view to the liquidation of the assets of the transferor within the meaning of reg 8(7) of TUPE and Art 5.2 of the consolidated Acquired Rights Directive. Consequently, Regs 4 and 7 of TUPE apply.

Call +44 (0)20 7832 1111 for more information

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