Sadie Crapper

Year of call:
2004
Email:
sadie.crapper@39essex.com

Clerks:
+44 (0)20 7832 1111

“She’s very straight-talking, and will stick her neck out. She is a phenomenal barrister in terms of her technical arguments and her ability to tailor them to different people.”
Chambers UK

Sadie Crapper’s practice concentrates on personal injury and clinical negligence, public law and professional regulation and discipline. She has particular experience of fraud cases and is known for the attention to detail and hard work she brings to each case. Sadie acts for both defendants and claimants and has experience of appearing in the High Court, County Court and specialist tribunals, including the Police Appeals Tribunal and Solicitors Regulation Authority. Sadie is also adept at ADR.

Sadie is ranked in Personal Injury law by both Chambers UK (band 3) and the Legal 500. Chambers UK also rank Sadie in band 1 for the area of Motor Insurance Fraud.

Sadie has a nationwide practice and is always pleased to attend conferences and to give seminars and lectures at her clients’ convenience. Recent lecture topics include “Surveillance” and “Keys to trial preparation”.

Personal Injury


“Destined to go to the top” Legal 500

Sadie’s range of expertise includes:

  • Road traffic cases, including complicated insurance issues and claims against the MIB
  • Cases involving motorcycles and cyclists
  • Low velocity collision claims
  • Historic abuse cases
  • Tripping and slipping claims
  • Defective premises claims
  • Workplace claims
  • Stress at work and bullying claims, including claims under the Protection from Harassment Act 1997
  • Claims under the Animals Act 1971
  • Accidents related to scuba diving
  • Claims involving the police
  • Industrial diseases claims, particularly group action
  • Accidents abroad

Sadie has a broad experience base in personal injury work. She is regularly instructed in all manner of employer liability, public liability and road traffic claims. She is a tenacious advocate with a keen eye for detail and a straight-talking manner.

Having practised at the employment Bar for 5 years, Sadie is particularly skilled at work-related claims, including stress and bullying claims. Her time spent working on the Dowson v Chief Constable of Northumbria Police case solidified her position at the forefront of cases under the Protection from Harassment Act 1997.

Sadie is an accomplished junior with experience of group litigation having been instructed as a junior on the Capper Pass Claims Review Scheme, a multi-million pound scheme established by Rio Tinto plc to deal with multiple industrial diseases claims arising from a metal reclamation plant in Humberside.

Mindful of the increased focus on ADR, Sadie is an accredited Mediation Advocate and has experience of both judicial and non-judicial mediation and settlement meetings. She is also adept at dealing with costs arguments and has been instructed as specialist costs counsel on complex personal injury matters.

Fraud

“She delivers what is expected in a way that is client and solicitor-friendly.” Chambers UK

– fraudulent exaggeration claims, including strike out of such claims
– staged accident
– phantom passenger
– faked accident claims
– contempt proceedings
– costs arguments arising from fraudulent claims, including the appropriate use of the offer regimes

Sadie has a burgeoning defendant fraud practice.  She is often involved in cases at the earliest stage of a suspicious claim and works closely with the existing team to progress the case.  Using her pre-Bar experience working in the legal department at Thames Valley Police, Sadie recognizes the need to work flexibly to meet the demands of managing fraud claims and provides clear and concise advice to assist in the management of a suspicious claim towards a successful conclusion.

Historic abuse cases

Sadie has experience in handling historic sexual abuse claims acting for both claimants and defendants. She has advised on claims involving grooming and the abuse of children, and sexual assault involving adults. Sadie is sensitive to the needs of her clients, whether they be the alleged victim or perpetrator, and gives practical and commercial advice in clear terms in order to assist in the appropriate resolution of any claim.

Inquests

Sadie has extensive experience in the Coroner’s Court including inquests involving deaths in custody, deaths in the workplace and road traffic accidents. As a result she is at ease in front of a jury.

Reported cases

Reported cases include:

  • Summers v Fairclough Homes Ltd  [2012] 1 WLR 2004 – landmark fraud case in the Supreme Court establishing power to strike out claims for fraud
  • Fari v Homes for Haringey  (Central London CC, Oct 2012) and Homes for Haringey v Fari   (QBD, Jan 2013) – first strike out of personal injury claim using the Summers powers and contempt proceedings which followed
  • Dowson & anors v The Chief Constable of Northumbria Police  [2010] All ER (D) 191 (Oct) – 6 week trial of a £3million claim by CHIS handlers under the Protection from Harassment Act 1997

Other notable cases include:

  • Sikand v CS Lounge Suite Ltd and others, CLCC, DJ Avent, 14 July 2016 – entire personal injury action struck out on an interlocutory application using Summers v Fairclough Homes Ltd where a wannabe lawyer signed false statements of truth in pursuit of a fraudulent claim.
  • White v Derby Phoenix Motorcycle Club – claim totalling in excess of £1.7 million with fraud elements which settled at significant reduction before trial
  • Hogwood v Sunderland City Council – one of 150+ linked claims alleged to be part of a major fraud ring in the North East.  Claim discontinued
  • Oram v Southern Gas Networks – historic vibration white finger claim.  Claim struck out as statute-barred after limitation hearing

 

Clinical Negligence


Sadie developed her long standing interest in clinical negligence work by working for the Treasury Solicitor dealing with clinical negligence claims made by prisoners for the healthcare treatment received whilst in prison. She has particular experience of dealing with claims involving:

  • Delayed diagnosis
  • Lack of consent to medical treatment
  • Failed surgical treatments and procedures
  • Claims involving failed cosmetic surgery
  • Birth injury claims
  • Claims arising from the loss or death of a foetus in utero

Administrative & Public


Sadie’s public law practice focuses on police law, including police pensions work and related judicial reviews, and asset forfeiture work before the Administrative Court.

Sadie has recent experience of:

  • Judicial review proceedings involving:
    1. the exercise of police powers by reference to the Protection from Harassment Act 1997
    2. decisions of the Police Appeals Tribunal and the Police Medical Appeals Board
    3. the powers of the Registrar of the GMC
  • Applications to appoint enforcement receivers
  • Contested third party interest claims relating to property which is subject to a confiscation order
  • Contested ancillary relief claims relation to property which is subject to a confiscation order

Sadie is regularly instructed on behalf of the Police Federation on police pensions matters.

Regulatory & Disciplinary


Professional Discipline & Regulations

Sadie’s work in this field continues to grow:  she continues to excel in all matters of police disciplinary work but is building on her experience in healthcare regulation.

More recently Sadie has extended her regulatory experience to matters before the Bar Standards Board and Solicitors Regulation Authority and is keen to develop her practice in the regulation of the legal profession in complement to her developing professional negligence practice.

Reported cases include:

  • Allard & anors v The Chief Constable of Devon & Cornwall Police  [2015] EWCA Civ 42 – significant decision on construction of police overtime regulations

Other notable cases are:

  • Defending police officers before the Police Appeal Tribunal after dismissals under the performance regulations and under the misconduct regulations
  • Submissions to the Police Medical Appeals Board in connection with injury on duty and ill-health pension appeals
  • Defending Solicitors before the Solicitors Disciplinary Tribunal

Professional Negligence

Sadie primarily practices in the area of Solicitor’s negligence and has extensive experience of cases involving personal injury including missed limitation dates (which extends to limitation in respect of foreign claims) and under-settlement, and cases involving employment law claims including poor conduct of employment tribunal claims and pension loss.

Notable cases include:

  • 30+ linked professional negligence claims against a firm who missed limitation dates in claims by police officers for negligent misrepresentation against their force
  • A claim against a solicitor for missing a limitation date in a personal injury claim relating to and accident abroad
  • A claim against a solicitor for potential negligence in manner in which an employment claim was handled

 

ADR


In 2008 Sadie became an accredited mediation advocate. Both prior to and since achieving this qualification Sadie has been involved in many mediations, both judicial and non-judicial, and is adept at handling round table settlement conferences.

Recommendations


Sadie is ranked by Chambers UK for Motor Insurance Fraud (band 1) and for Personal Injury law (band 3). Client quotes in Chambers UK include: “She’s very straight-talking, and will stick her neck out. She is a phenomenal barrister in terms of her technical arguments and her ability to tailor them to different people.” “She delivers what is expected in a way that is client and solicitor friendly.” “She is very bright and her pleadings are excellent.” “She is an expert in abuse and bullying cases, and strong on employers’ liability matters.”

Sadie is ranked by Legal 500 in Personal Injury law, where she is described as

“A client-focused, tenacious and pragmatic litigator.”  Legal 500 2015

“Destined to go to the top.” 

Related Cases


Personal Injury & Clinical Negligence

Summers v Fairclough 24 February 2012

On 27 June 2012 judgment was handed down in the landmark personal injury case of Summers v Fairclough Homes Limited. William Norris QC acted for the appellant, Fairclough Homes, leading James Todd and Sadie Crapper, instructed by Berrymans Lace Mawer.

Fraud

Fari v Homes for Haringey 9 October 2012

Sole Counsel for the Defendant in the first known case of strike out for fraudulent exaggeration following the principles in Summers v Fairclough Homes.

Summers v Fairclough Homes Limited 27 June 2012 [2012] UKSC 26

On 27 June 2012 judgment was handed down in the landmark personal injury case of Summers v Fairclough Homes Limited. William Norris QC acted for the appellant, Fairclough Homes, leading James Todd and Sadie Crapper, instructed by Berrymans Lace Mawer.

Homes for Haringey v Fari and Fari 22 January 2013, Holroyde J (QBD)

Stress and Bullying

Dowson et anors v. Chief Constable of Northumbria Police 20 October 2010 [2010] All ER (D) 191 (Oct)

Second junior acting for the Chief Constable defending six claims brought under the Protection from Harassment Act 1997 with a combined value of £1.8m

Administrative & Public Law

Allard et ors v The Chief Constable of Devon & Cornwall Constabulary [2015] EWCA Civ 42, 3 February 2015.

A case involving the construction of complex provisions relating to the entitlement of police officers to overtime. Sadie successfully argued at a preliminary hearing that the regulations ought to be construed to mean that the claimants were entitled to a minimum of 4 hours’ overtime allowance on each occasion they were required to deal with telephone calls made by the covert human intelligence sources they were handling between two rostered tours of police duty. The Chief Constable unsuccessfully appealed that decision before the Court of Appeal and the claimants succeeded in a cross-appeal relating to ‘casual’ overtime. Sadie was led in the Court of Appeal by Martin Westgate QC.

R (on the application of D) v (1) Heath Sinclair (2) Crown Prosecution Service 20 December 2007 [2007] EWHC 3419 (Admin)

An application to vary a restraint order in order to allow the court appointed receiver to sell the applicant’s assets was refused as the offer was part of a scheme to remove assets from the scope of any future confiscation proceedings and to preserve them for the applicant or members of his family and was therefore inconsistent with the Criminal Justice Act 1988 s.82(2).

Articles

Combatting fraudulent and exaggerated claims: a review of developments since the Supreme Court decision in Summers v Fairclough Homes, James Todd, Sadie Crapper and David Spencer JPIL (2014) No. 3 p.180
Part 36 offers: when bettering is not enough, P.I.L.J. (2008) No.66 June Pages 6-8 (Sadie Crapper)
Money talks – Part 36 and a retreat from Carver, Kemp News, 2010
Sadie is a regular contributor to the Thirty Nine Essex Street Domestic & International Personal Injury News.

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

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