Phil has developed a very busy personal injury, professional negligence and Court of Protection practice. Phil has appeared before the Court of Appeal, High Court and Divisional Court in appeals and catastrophic injury cases. He is familiar and adept in dealing with the issues arising in catastrophic brain injury matters, fatal accidents and complex medical causation cases. His costs expertise makes him ideal for interlocutory matters involving costs management.
Phil is known for his strong trial advocacy, his tactical awareness and determination to leave no stone unturned in preparing and conducting a case. He likes to be involved at an early stage and welcomes the opportunity to have input as a case proceeds. Phil appreciates the need to be accessible and offers a swift turnaround of papers, often within 7 days.
Away from work, Phil enjoys all sports and once qualified as a skydiver. More recently, life has been more sedate with a large family taking up most of his free time.
Phil is busy with a wide range of personal injury matters acting for both claimants and defendants. The development of his practice has resulted in a greater focus on catastrophic injury claims, fatal accidents and higher value cases. Phil has developed specialist interests in areas such as industrial disease and claims relating to sexual offences. He also has extensive experience of pursuing appeals, largely successfully, in various courts. He is routinely instructed to advise in cases valued over £2 million.
Notable reported cases:
INDUSTRIAL DISEASE CLAIMS
Phil has extensive experience of mesothelioma cases includes attending evidence on commission hearings, JSMs, show cause hearings and trials. Phil has acted against silks at times and been involved in cases which push the boundaries of the principles addressed in Bussey. Asbestos cases now form the bulk of Phil's industrial disease practice, although he continues to accept instructions in relation to other areas of industrial disease, including other respiratory disease, HAVS, deafness and RSI type cases. Phil has attended numerous inquests on behalf of Claimants and Defendants in connected proceedings.
Notable cases for which transcripts are available include the following:
Clinical negligence claims form a significant part of Phil's practice. He has also attended inquests on behalf of families and local authorities where clinical negligence is alleged. Phil recently wrote a case analysis for Lexis in respect of Snow v RUH Bath NHS Foundation Trust (https://www.lexisnexis.co.uk/legal/news/novel-treatment-negligent-surgeons-a-cautionary-tale-snow-v-ruh-bath-nhs-foundation-trust)
Phil has experience of a wide variety of professional negligence matters. He offers considerable expertise in claims against personal injury and industrial disease lawyers, including claims relating to the Claims Handling Agreements for Industrial Diseases and costs related matters.
Philip’s experience is not limited to claims against legal representatives. He was recently involved in a claim for veterinary negligence, involving a novel claim for damages for distress pursuant to Milner v Carnival. Phil has also advised on claims against expert witnesses.
Phil has undertaken cases in relation to general PI and alleged food poisoning arising from holidays abroad. Examples include:
Phil has conducted many RTA trials where fraud is in issue, mostly on behalf of Defendants. Findings of fundamental dishonesty have been established on innumerable occasions. Phil also has experience of successfully pursuing committal proceedings.
Phil has acted for a number of high profile and high net worth clients defending allegations of sexual impropriety with claims valued up to £300k.
Phil has acted for Claimants in relation to allegations of trespass, assault, false imprisonment and harassment. Past experiences include conducting
jury trials in both civil and criminal proceedings. Phil has good insight and background understanding related to these claims having been a police station advisor prior to becoming a barrister.
Costs litigation has formed a part of Phil’s practice for many years. He has experience of conducting costs cases valued in excess of £1m and group litigation. His costs practice has involved him appearing in a variety of courts including the Upper Lands Tribunal. Phil enjoys the knotty, technical cases which often result in appeals. He is routinely instructed to draft points of dispute and replies in high value cases.
Phil is also experienced in claims relating to solicitor-client issues, especially where it is alleged that a retainer has been wrongfully terminated or a solicitor has failed to act in accordance with the agreement.
Reported past successes include the following:
Phil started acting in inquests many years ago through his industrial disease work. He now acts for both professional clients and families in a wide range of inquests.
Recent examples include the following:
Phil has been acted in some high profile cases in which the COP was tasked with determining whether P should receive the Covid-19 vaccine. This included appearing in the High Court on appeal on behalf of the CCG in one seminal matter. The citations for judgments in this case are as follows:
Examples of Phil's other COP work include the following:
Phil routinely provides training for instructing solicitors and is available for seminars upon request.
Pupillage Scholarship, Lincoln's Inn
Personal Injury Bar Association
BVC, Nottingham Law School
LLB (Hons) Law, Liverpool University
Philip de Berry is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Philip can be found here.
Phil’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for Phil to undertake Court services for a fixed fee. Advisory work and conferences are most commonly charged at an hourly rate. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Phil will typically return paperwork within 10-14 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.
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