Dr Nicholas Braslavsky QC

Practice:

 Personal Injury litigation
Clinical Negligence litigation
Regulatory and Disciplinary disputes

Profile:     

Nicholas Braslavsky is a leading common law practitioner with a specialist practice in personal injury and clinical negligence litigation. He has advised and appeared in numerous cases of the highest value and complexity. His experience in the field includes road traffic, disease, employers and public liability cases. He has appeared for both claimants and defendants in a large number of catastrophic spinal and head injury cases as well as in birth damage and other clinical negligence disputes.  He has appeared in several recent court of appeal cases relating to mesothelioma and has advised some of the worlds largest insurers as to policy approach when dealing with lung disease cases.  He has been head of the common law department at Kings Chambers since 2000 and in January 2010 became head of chambers. Nick has also acted in numerous regulatory and disciplinary cases appearing in courts and tribunals at all levels for medical and other professionals as well as regulatory authorities.

Significant Reported Cases:  Personal Injury

Kirk v Walton [2008] EWHC 1780 (QBD) (Contempt of Court; Disclosure; False Statements of Truth)

Jennings v Forestry Commission [2008] EWCA Civ 581 (Accidents; assumption of responsibility; Contract of employment/for services; work equipment) 

McMinn v McMinn and AIOI Insurance Co of Europe Ltd [2006] Times, 2nd May (QBD) Road Traffic Act 1988 s151(4); (Repudiation of liability by insurer; Road Traffic Act liability)

Harland & Wolff PLC and Husbands Ltd v McIntyre [2006] EWCA Civ 287 (CA) (mesothelioma; service fund scheme payments; deductibility under Fatal Accidents Act) 

Cox v Transco PLC [2006] EWCA Civ 127 (CA) (mesothelioma living claimant; exposure by occupier; evidential inferences from primary facts) 

Bennett v Smith (2003) LTL 11/3/2003 (expert witness evidence; support for medical diagnosis)

King v Bristow Helicopters [2002] UK HL 7; [2002] 2 WLR 578 (HL) (Cause of action; international carriage by air; personal injury; psychiatric harm)

Hall v Bolton MBC [2001] EWCA Civ 1717 (CA) (revision of pleadings after evidence; prejudice to parties)

Morris v KLM Airlines [2001] 3 WLR 351 (CA); [2002] 2 WLR 578 (HL) (Carriage by air; carrier’s liability; meaning of “bodily injury” under Warsaw Convention; psychiatric injury as a result of aviation incidents)

Thorpe v Weightman [2000] CLY 416 (QBD) (local authority liability; road traffic obstructions)

Significant reported cases: clinical negligence

Clough v Tameside & Glossop Health Authority [1998] 1 WLR 1478 (QBD) (expert reports; disclosure of supporting material)

Wiszniewski v Central Manchester Health Authority [1998] PIQR 324 (CA) (clinical negligence; witness testimony)

Hill v West Lancashire Health Authority [1997] Med LR (QBD) (birth damage; CTG tracing; evidence)

Walkin v South Manchester Health Authority [1995] 1 WLR 1543 (CA) (limitation of actions; meaning of personal injury)

Significant reported cases: other

Treasure & Son Ltd v Dawes [2008] EWHC 2181 (TCC) (Dischrage; judgement debt; personal loans; third parties)

Birmingham City Council v Ram [2007] EWCA 3084 (CA) (Confiscation orders; counterfeiting; criminal lifestyle; trademarks)

Shawton Engineering v DGP International Limited [2003] EWCA Civ 1956 (CA) (Transfer of proceedings; ordeers without notice)

R v Manchester Crown Court; ex parte Ashton [1994] 1 AC 9 (HL) (meaning of trial on indictment; football violence)

Berg v Trafford Borough Council [1989] 20 HLR 47 (CA) (housing claims; meaning of houses in multiple occupation)

Recommendations:

Chambers UK 2010:
Nicholas Braslavsky QC enjoys a strong reputation amongst solicitors and the Bar alike.

Chambers UK 2009:
Nicholas Braslavsky QC has a significant defendant practice, and also acts for claimants in complex failure to diagnose and catastrophic birth injury cases.

Chambers UK 2008:
"...One of the regions most sought after advocates" 
".....applies his well honed expertise to a large number of catastrophic spinal and brain injury cases, as well as birth damage related litigation."

Chambers UK 2007:
"Kings Chambers features a dedicated team of advocates including Nicholas Braslavsky QC"
Leaders at the Bar - Recommended in Clinical Negligence

Legal 500 2009:
"appeared successfully for the appellant in Jennings v Forestry Commission on the assumption of liability for self-employed contractor" 

Legal 500 2008:
is 'masterly in his unravelling of complex medical data'.

Legal 500 2007:
"continues to take cases of the highest complexity and sensitivity"

Legal 500 2006:
"Nicholas Braslavsky QC gets to the heart of the issue and handles cases of the utmost complexity with great ability."

"Outstanding" (Legal 500, 2005; Chambers UK, 2006)

"Incredibly astute with a great ability of finding his way through a case. He is also a very effective communicator able to lighten the tenser moments" (Chambers UK, 2005)

"A talented advocate who certainly gives us pause for thought" (Chambers UK, 2004)

Memberships:

Northern Circuit
North Eastern Circuit
Northern Circuit Executive Committee (1990-1994)
Personal Injury Bar Association
Professional Negligence Bar Association
Northern Circuit Medical Law Association

Chambers:   

Head of Common Law Section.
Head of Recruitment

Career & Education:

University:                             

Degree:                                  

Called to the Bar:                            

Queen's Counsel:                             

Recorder of the Crown Court:      

Official Appointments:                      

University of Birmingham (1976-1982)

LL.B Hons (1979) Ph.D (1982)
1982 (Inner Temple)

1999
2001
Deputy High Court Judge 2008 

 

Nicholas Braslavsky QC

Year of Call: 1983

Year of Silk: 1999

Recorder: 2001

Deputy High Court Judge

Head of Common Law Section 

Head of Recruitment

Specialises In:
Personal Injury, Clinical Negligence and Regulatory

Clerked by:
 Colin Griffin

Chambers UK

 

   

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