Neil Block KC

Neil has extensive and probably unparalleled experience of acting in major group and multi-party actions involving product liability, abuse, personal injury, clinical negligence, insurance and environmental damage.

Cases of Note

• Various v NHS – Neil represented various hospital and trusts defending claims of clinical negligence and product liability in relation to insertion of metal-on-metal hip prostheses.
• Various Claimants v MOD [Ongoing] – Neil is representing the MOD defending a large number of claims by service personnel alleging psychiatric injury resulting from the prescription of Lariam, an anti-malarial medication.
• Various Claimants v NHS [Ongoing] – Neil is representing various NHS hospitals and trusts defending a large number of claims alleging injury resulting from implantation of vaginal mesh.
• Various Claimants v RFU [Ongoing] – Neil is representing the Rugby Football Union (RFU) defending a large number of claims by ex-professional and amateur rugby union players alleging brain injury resulting from concussive injury playing rugby.
• Various Claimants v Ian Paterson – Neil represented the (now notorious) breast surgeon accused of negligent surgical procedures.
• The Kenyan Emergency Group Litigation [High Court] – Neil led a large team of leading and junior counsel successfully defending claims by 40,000 Kenyans alleging personal injury and other losses pre-independence at the time of the Mau Mau uprising. This was the longest ever High Court trial.
• The Manchester Arena bombing claims – Neil represents Showsec defending claims by the victims of this terrorist atrocity.
• ICF v Winterthus [High Court] -A major and complex commercial dispute about after the event insurance, solicitors’ negligence, and consumer credit relating to about 8,500 insurance policies.
• Environmental damage – Claim against multi-national company in respect of alleged water contamination resulting from mining operations in Africa.
• Historic abuse claims – Neil has been instructed in claims arising out of alleged abuse by celebrities e.g. Jimmy Savile, various sports organisations e.g. Barry Bennell (football), schools, and religious institutions.

Neil has been instructed by defendants in many of the highest value, most complex and important clinical negligence and personal injury cases. His profile is evidence by being awarded the Personal and Injury and Clinical Negligence Silk of the Year awards (both Chambers and Partners and The Legal 500) on numerous occasions. His practice includes both individual claims and multi-party/group actions. These cases not only involve complex liability and quantum issues, but also jurisdictional and insurance issues.These cases are too numerous to list to give a full range of examples, but include:

Cases of Note

• Robshaw v United Lincolnshire Hospitals NHS Trust [High Court] – An example of a birth trauma/cerebral palsy case. Record damages (at the time) were awarded. Complex quantum issues.
• Mugweni v NHS London [Court of Appeal] – Neil represented the defendant and successfully defended an alleged negligent obstetric case relating to the timing of delivery.
• Various v Iain Paterson [High Court] – Neil represented Mr Paterson, the breast surgeon alleged to have performed unnecessary and inappropriate surgery on many hundreds of patients.
• Pike & Doyle v The Indian Hotels Company Limited [High Court] – Neil represented the defendant hotel in claims relating to the Mumbai terrorist attacks.
• Al Najar v Cumberland Hotel [Court of Appeal] – Neil successfully defended the Cumberland Hotel against claims from guests who were grievously injured by an intruder in their hotel rooms.
• Anonymised cases [High Court] – Neil represented defendants and their insurers in hundreds of motor, Employers Liability, Personal Liability, sports, abuse and other cases in which anonymity order have been made in relation to the identity of the parties. These cases have involved a range of liability and quantum issues. All involve injuries of the utmost severity.

Neil has advised on a range of coverage disputes including scope of cover, exclusions, limits of indemnity, aggregation, dual insurance, fraud and moral hazard.He has recently advised extensively in relation to business interruption cover in relation to claims arising out of the Covid-19 pandemic.

Cases of Note

• ICF v Winterthus [High Court] – A major and complex commercial dispute about after the event insurance, solicitors’ negligence, and consumer credit relating to about 8,500 insurance policies.
• Harcourt v Pegasus [High Court] – Contested issue about disclosure of policy terms and conditions and limit of indemnity to claimant.
• Cheval Roc v Zurich Insurance [High Court/Commercial Court] – Cliff collapse in Jersey. Successful defended claim on basis of coastal erosion exclusion.
• Confidential – Advising a regulator and various parties in relation to the business interruption insurance test litigation.
• McGreggor v Prudential Insurance Company [High Court] – Neil successfully defended this claim by the owner of a commercial premises under a fire insurance policy. The defence proved fraud.
• Chappell v AXA [Commercial Court] – Neil successfully defended a fire claim on the basis of non-disclosure and moral hazard. Occupier was operating a sex chat-line from the premises.
• Various construction-related coverage issues

Neil has represented defendants in single and multi-party/group actions relating to product liability. These include pharmaceutical products, medical products, machinery, vehicles, food products, leisure equipment, building products and a range of other products.

Cases of Note

• Metal-on-Metal Hip Litigation [High Court] – Neil led the team representing all NHS hospitals and trusts defending the claims by patients alleging that the hip prosthesis implanted were defective.
• Various v NHS [High Court] – Neil is leading the team representing all NHS hospitals and trusts defending the claims by women alleging pain and injury following implantation of vaginal mesh.
• Confidential – Neil is representing a major fast food outlet in relation to a claim arising out of a fatal allergic reaction to a consuming a food product.
• Confidential – Neil is advising a product manufacturer/supplier in relation to claims arising out of the Grenfell Tower fire.
• Various v MOD [High Court] – Neil is leading the team defending the large number of claims by service personnel arising out of the prescription of Lariam, and anti-malarial medication.

Neil is a Registered Mediator with the Civil Mediation Council and is regularly appointed as mediator across a broad range of disputes. He specialises in mediating personal injury, sports law, insurance coverage, and clinical negligence disputes.

He is also on the mediation and arbitration panels of Sports Resolution.

Examples of recent mediations are in cases involving:

• Liability and quantum issues in a number of catastrophic personal injury claims arising out of road traffic accidents, employers liability and public liability.
• Insurance coverage disputes involving property damage, public liability and motor insurance.
• Liability and quantum issues in a number of clinical negligence cases involving birth trauma, orthopaedic trauma and product liability.
• Professional negligence disputes.

Neil is representing HM Treasury, HMRC and DWP at the UK Covid-19 Inquiry. This is the largest core participant government team, and the particular focus is on the financial and economic aspects of the pandemic.

Neil has represented defendants to claims for fire, flood, subsidence and other damage. Many of these cases also involve issues of insurance coverage and injury and are listed above.

Cases of Note

• Cheval Roc v Zurich [High Court] – A property damage claim arising out of erosion of a cliff in Jersey. Neil successfully represented the defendant insurer.
• Southwark v Woodwell London Limited and Gallagher [High Court/ Technology and Construction Court (TCC)] – Neil represented the defendant contractor in relation to a fire at Walworth Town Hall arising out of hot works on the roof.
• Trustees for Roman Catholic Purposes v Kimberley Clark [High Court/TCC] – Neil represented the commercial waste paper recycler in relation to a serious fire at premises owned by Trustees for Roman Catholic Purposes. There were issues about causation, fire preventative measures and contract.
• Adams v SSE [High Court/TCC] – Neil successfully defended a claim that a fire at a rural property was caused by defective electrical equipment owned and maintained by the defendant supplier.

In addition to medical and health professions (see Clinical negligence section of CV), Neil has acted for professionals and their insurers and defence organisations in a wide range of claims. In particular, he has recently represented solicitors, surveyors, accountants, and insurance brokers.

Cases of Note

• James v Jeffreys & Powell, Woolcombe v Kleinman Klarfeld, Richards v Hallmark and many other similar cases – Claims in which it is alleged that solicitors have under-settled personal injury and clinical negligence claims.
• Strathmore v Brown and RSA – A broker’s negligence claim following a building fire.
• Confidential valuer’s negligence cases – Neil acted for both lenders and valuers during the heyday of such claims.
• Re: Bondcare [TCC/Adjudication] – Neil acted for project managers on a hotel development near Heathrow airport who were alleged to have been negligent.
• The Supertram Litigation [Court of Appeal] – Neil acted for the project manager in this long-running litigation. The claim was dismissed against his client with costs.
• Allerdale DC v CSL Group [Chancery Division].