Sadie Crapper

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

Clerks:
+44 (0)20 7832 1111

“A barrister at the top of her game.”
Chambers and Partners 2016

“She is a shrewd negotiator and inspires confidence when advising clients.”
Legal 500 2016

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 and Partners (band 3) and the Legal 500. Chambers and Partners 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


“One of the rising stars at 39 Essex Chambers.” Chambers and Partners

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

A client-focused, tenacious and pragmatic litigator.” 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.

Sadie has extensive experience of group litigation. She is currently leading a team of juniors within Chambers on hundreds of police overtime claims arising from the Court of Appeal decision in Vincent, Allard and Buckley v Chief Constable of Devon and Cornwall police. Sadie also has experience of dealing with over 30 linked professional negligence cases and was 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.

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.

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

“Known for her strong work in motor insurance fraud, which sits alongside her estimable personal injury practice. She has considerable expertise of acting for defendant insurers facing issues such as staged accidents, phantom passengers and exaggerated claims.” Chambers and Partners

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

Sadie has a thriving defendant fraud practice and is ranked in Band 1 for Motor Insurance Fraud by Chambers and Partners.  Her expertise includes:

– 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 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 £1.8million 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

Notable cases

Crosby v McDiarmid

Sadie represented the Claimant in a liability disputed case arising from plastic surgery.  The claim settled after proceedings were commenced.

Atwal v Calderdale and Huddersfield NHS Foundation Trust

Acting as sole counsel for the Defendant in an £800,000+ claim involving allegations of fraudulent exaggeration.  Sadie provided advice and amended the Defence and Counterschedule to make the allegations of fraud and apply to strike out the claim.  In response the Claimant accepted a pre-issue offer.

Marie Stopes and BPAS

Sadie is regularly instructed to defend claims on behalf of Marie Stopes and the BPAS.

Administrative & Public (inc. Police Law)


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:

  • Police overtime claims, including Vincent, Allard and Buckley v the Chief Constable of Devon and Cornwall Police [2015] EWCA Civ 42; [2015] WLR(D) 45
  • 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 in 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.

Notable cases includ:

  • 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 and Partners for Motor Insurance Fraud (band 1) and for Personal Injury law (band 3).

Client quotes in Chambers and Partners include:

“A barrister at the top of her game.” “One of the rising stars at 39 Essex Chambers.” “She’s absolutely excellent.” “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:

“She is a shrewd negotiator and inspires confidence when advising clients.” “A client-focused, tenacious and pragmatic litigator.” “Destined to go to the top.”

Related Cases


Personal Injury & Clinical Negligence

McCormick v Corcodel

Multi-million pound serious injury case in which the relatively young Claimant suffered serious disability and faced the threat of amputation.  Claim included lifelong care and accommodation requirements.  Sadie conducted the case as sole junior before bringing in Charlie Cory-Wright QC for the latter stages of the claim which then settled at a joint settlement meeting.

Colley v Norwich Polyframe Ltd

Sadie acted as sole counsel representing the Defendant in a claim worth over £1m where issues of contributory negligence, contribution of third parties and causation were in issue.  Sadie advised the Defendant on liability and quantum, and negotiated a successful resolution of the claim at a JSM.

Newman v RSA

Fatal accident claim involving the death of a single parent with unusual dependency claims brought by adult children.  Sadie represented the Defendant.  The claim settled shortly before trial.

Fraud

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.

Fari v Homes for Haringey (Lawtel)

and Homes for Haringey v Fari and Fari

Sole Counsel for the Defendant in the first known case of strike out for fraudulent exaggeration following the principles in Summers v Fairclough Homes.  Sadie also acted for the Applicant in the contempt proceedings which arose from the same claim.

Sikand v C S Lounge Suite Limited and LA Fitness (Lawtel)

Legally qualified Claimant claimed significant and long-lasting impairments arising from two accidents which occurred before he underwent his legal training.  Detailed review of the Claimant’s social media profiles coupled with surveillance persuaded the Court that the Claimant had so abused the process of the Court by his attempted fraud that his claim should be struck out at an interlocutory stage following the principles in Summers v Fairclough Homes.

Hogwood v Sunderland City Council 2013

Sadie acted for the Defendant in this case which was the first case in an allegedly fraudulent conspiracy arising from the work of one Claims Management Company to litigate (CMC).  The investigation into the fraud included the use of a RIPA authorised Covert Human Intelligence Source (CHIS) and had resulted in the arrests of the directors of the CMC.  Sadie worked with her Instructing Solicitor to deliver the evidence of the conspiracy to the Court and amend the existing Defence to plead exaggeration fraud and to rely on the conspiracy in the proceedings. The Claimant discontinued his claim.

White v Derby Phoenix Motorcycle Club 2013

Claim worth in excess of £1.7 million with fraud elements which settled at a significant reduction shortly before trial.

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

Police 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.

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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