Dr Nicholas Braslavsky QC

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Head of Chambers

Year of Call: 1983
Year of Silk: 1999

Personal Injury

Nick has maintained a prominent and specialist practice in personal injury litigation for twenty years as a junior and leader. He has advised and appeared in cases of the highest value and complexity in most areas within the compass of PI litigation but particularly in road traffic, employer's liability and military cases. In more recent years he has appeared in cases involving lung disease and has led an important insurer review of asbestos disease.

Injury Litigation

Nick has conducted countless cases of high value for both claimants and defendants. Recent cases have involved:

(a)          issues as to the scope of the duty of care at common law and under regulations (Jennings v Forestry Commission [2008] EWCA 581;   Davies v Global Strategies Group [2009]EWHC Civ 2342)

(b)         issues relating to false statements of truth and contempt of court (Kirk v Walton [2008]  EWHC 1780 QB

(c)           the recoverability of compensation for psychiatric injury under international aviation conventions (Morris v KLM Airlines [2002] 2 WLR 578 (HL) );

(d)          insurance claims and entitlement to repudiate (McMinn v McMinn and AIOI Insurance Co of Europe Limited  {2006] Times 02.05)

(e)          claims of maximum severity involving spinal and head injury; claims involving piracy off the African coast, claims for damages against private security companies for deaths and injuries to employees in Iraq in post-hostility operations.

 

Military Claims

Nick has acted in a large number of claims against the Ministry of Defence arising out of injuries sustained by servicemen injured outside the scope of combat immunity. Recent examples are:

(a)          injuries in Bosnia to a private trapped under a capsized armoured vehicle who suffered a brachial plexus injury;

(b)          paraplegia/head injuries suffered by an RAF officer negligently allowed to fall during a rock climbing course;

(c)           injuries (paraplegia) suffered by an army officer who jumped from a bridge in Germany during an adventure training course;

(d)          paraplegia suffered by an army officer who fell from a cliff whilst on a training course in the UK;

In more recent years Nick has also acted for several claimants in quasi-military claims on behalf of private security employees killed or injured during the course of their employment.

 

Disease/toxic tort litigation

Nick's practice in this field has become well-known and has been principally confined to complex medical and damages issues arising from asbestos lung disease. In addition to writing a definitive review of the medico-legal position on claims in this field for leading insurers, he has appeared in numerous cases including:

(a)          the scope and extent of deductions from Fatal Accident Act claims arising from mesothelioma deaths (Harland & Wolff PLC and Husbands Limited v McIntyre [2006] EWCA Civ 287 (CA) )

(b)          occupier's liability for exposure to asbestos dust (Cox v Transco PLC [2006] EWCA Civ 127 (CA) )

He has also appeared in single and class actions involving deafness claims, lung disease and post-operative complications (MRSA).  

 

Recommendations:

Chambers UK 2012:

Nicholas Braslavsky QC is head of chambers and straddles both personal injury and clinical negligence work. He continues to have notable success in cases concerning cerebral palsy, birth asphyxia and misdiagnosed cancer issues, and is described as a "sound advocate who is cool, calm,collected and highly astute”. 

Nicholas Braslavsky QC excels in complex high-value head and spinal injury cases. Clients value his "ability to get to the centre of the most complex cases." Recently, his practice has been concentrating on claims by military and private security personnel. The "immensely talented, well-prepared and persuasive".

Legal 500 2011:

Dr Nicholas Braslavsky QC is "excellent, thorough, a great advocate and good with clients".

Chambers UK 2011:

Nicholas Braslavsky QC is a very experienced practitioner who handles a whole range of clinical negligence issues with great skill.

Nicholas Braslavsky QC has a thorough and tough approach to litigation but also demonstrates a "supreme ability to put clients at ease." He has recently been acting for an army officer in a paraplegia claim valued at over £4 million.

 

Career & Education:
University:	University of Birmingham (1976-1982)
Degree:	LL.B Hons (1979) Ph.D (1982)
Year of Call:	1983 (Inner Temple)
Queen's Counsel:	1999
Recorder of the Crown Court:	2001
Official Appointments:	Deputy High Court Judge 2008