Quintin Fraser

Year of call:
2006
Email:
quintin.fraser@39essex.com

Clerks:
+44 (0)20 7832 1111

‘A positive, confident breath of fresh air.’
Legal 500 2017

Quintin practises across a range of chambers’ specialisms with a particular focus on personal injury, clinical negligence, and insurance related matters. He undertakes work for both claimants and defendants in claims involving the liability of occupiers, employers and public bodies, and he has a growing catastrophic injury practice. In insurance matters he has advised on coverage, and he has a wealth of experience in high value work with a particular focus on property damage.

In addition, he has experience of a wide range of professional liability cases and has acted for surgeons, nurses, opticians, physiotherapists, solicitors and IFAs. Prior to joining 39 Essex Chambers, Quintin worked as a Strategy Consultant with the Boston Consulting Group and combines effective legal analysis with commercial realities.

Clinical Negligence


Quintin has extensive experience in high value clinical negligence matters (including matters for opticians), and has acted in cases involving abdominoplasties, orthopaedic operations, alleged missed diagnoses, lack of informed consent and systemic hospital failure. He is instructed by leading clinical negligence firms including DAC Beachcroft, BLM, Hill Dickinsons, Irwin Mitchell, Slater & Gordon, Capsticks, Hempsons, and Weightmans. Quintin has by way of example acted in the following recent claims:

  • Lowes-Bird v Hywel Health Board: claim involving issues of informed consent and allegedly negligent follow-up care after a decompression operation to the Achilles tendon
  • PM v South Tees Hospitals NHS Foundation Trust (2016): claim for a failure to diagnose an eye condition leading to near complete loss of vision. Claim of £800,000 settled at JSM for c. £500,000
  • BP v Mid-Cheshire NHS Foundation Trust (2016): claim for failure to diagnose and treat glaucoma. Settled at JSM for c. £400,000
  • JD v West Bromwich Specsavers Ltd (2016): claim for failure of optician to refer for signs of glaucoma
  • LS v Lancaster Visionplus Ltd (2016): claim for failure to warn of risks of infection in wearing contact lenses, resulting in loss of vision in an eye
  • AP v Warrington & Halton Hospitals NHS Foundation Trust (2016): claim for an alleged failure to diagnose CES
  • MB v City Hospitals Sunderland NHS Foundation Trust (2016): claim for avoidable hysterectomy struck out at trial during expert evidence adduced by the Claimant
  • JH (a child) v Stockport NHS Foundation Trust (2016): Erb’s palsy claim for girl now approaching secondary school age
  • KE v Dudley Group NHS Foundation Trust (2016): claim discontinued on the morning of 2 day trial regarding informed consent to an unsuccessful cholecystectomy
  • PG v Frimley Health NHS Foundation Trust (2016): claim for a negligently performed diverticulectomy
  • SC v University College London Hospitals NHS Trust (2015): claim arising out of delayed diagnosis of peritonitis
  • LF v The Mid Yorkshire Hospitals NHS Trust (2015): claim arising out of an allegedly negligently performed thoracentesis
  • BD v Imperial College Healthcare NHS Trust (2015): claim for a still birth
  • LT v Worcestershire Acute Hospitals NHS Trust (2015): claim arising out of an alleged failure to diagnose and treat necrotising fasciitis

Personal Injury


Quintin has considerable experience in personal injury and has acted in a broad range of case. He has successfully pursued and defended claims against employers, highway agencies and other bodies and is experienced with significant claims where extensive quantum calculations are required.

Employer’s Liability

Quintin has experience in claims involving a multiplicity of issues and breaches of statutory duties:

  • The Workplace (Health Safety and Welfare) Regulations 1992
  • The Manual Handling Operations Regulations 1992
  • The Construction (Health Safety & Welfare) Provisions 1996
  • The Provision and Use of Work Equipment Regulations 1992
  • The Management of Health and Safety at Work Regulations 1999
  • The Work at Height Regulations 2005

Occupier’s Liability and Public Liability

Quintin has acted in a large number of claims involving occupiers, limited companies and public bodies including:

  • Liability of household owner where a guest fell to his death from the roof as they attempted to enjoy the view
  • Liability of hospitals for on-site facilities
  • Liability of unincorporated associations for members and visitors
  • Liability of councils for citizens using services

Quintin, led by William Norris QC, represented the successful defendant in the case of Buckett v Staffordshire County Council (QBD, November 2014 Lawtel AC0146016) in which it was held that the defendant’s school owed no duty under the OLA 1984 to the catastrophically injured child trespasser who fell through a skylight whilst on a roof. He has recently advised on the potential liability of a homeowner whose guest fell off the unguarded roof (in circumstances when the fact that the roof was unguarded and that it was a high roof must have been obvious to the Deceased).

Animal Act Claims

Quintin has developed a significant practice for both defendants and claimants in this niche area and has a number of ongoing cases involving rearing and kicking horses, and allegedly dangerous dogs.

Highway Claims

Quintin has a particular interest in this area and has advised and appeared in cases involving complex issues as regards the imputed adoption of certain roads or paths by highway agencies and the extent of any adopted highway, and has appeared in claims involving more straightforward factual matters.

Road Traffic Accidents

Quintin has experience across the usual breadth of road traffic accidents. This experience has extended to the liability of taxi drivers for the safety of their passengers when alighting from their vehicles, and any potential liability of those drivers for the actions of their passengers

Fraud


Quintin has been involved in cases involving all aspects of fraud, including:

  • Exaggeration;
  • Fabrication of accidents;
  • Phantom passengers;
  • Fraud rings and staged accidents;
  • Contempt proceedings.

Quintin has recently achieved a finding of fraud at trial in Clerkenwell County Court (Traynor v Islington BC) on the basis that the claimant had simply made up her tripping accident. The finding was based on the inconsistent contemporaneous medical records and the inconsistencies elicited in cross-examination.

Quintin’s approach to fraudulent claims is clear – if there is the evidence to do so, then fraud should be pleaded and the claim should be run to trial. Quintin also frequently advises on applications to strike-out claims, and on the merits of contempt of court proceedings.

Insurance


Quintin has developed a substantial practice in property claims. He has represented many of the large insurers and utility companies in cases involving subsidence, power surges, fires and escapes of gas, water and sewerage. He has also acted for individuals in high value property damage claims, Amongst his more recent cases was the successful defence of a claim against the Crown Estates for a fallen tree which caused significant damage, and a multi-party dispute concerning a fire which destroyed in excess of a million pounds worth of cigarettes.

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

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