Michael Ditchfield
Practice Areas:
Practice Area CVs:
BA (Hons) LLM by thesis [cost benefit analysis of personal injury law]
Year of Call: 1993 Middle Temple
Michael specialises in all aspects of personal injury and clinical negligence litigation. He undertakes work on behalf of both Claimants and Defendants and is instructed by large Trades Unions and Insurance clients on a regular and repeat basis within Newcastle and beyond. He is recognised by the Legal 500 as a "powerful junior with a strong following". He is well known for his swiftness of response to instructions from solicitors.
Chambers and Partners Guide to the Legal Profession 2012 - Michael Ditchfield, who does a lot of work for trade union and insurance clients on asbestos-related and industrial disease cases. Solicitors are "keen to get his view on complex liability cases."
The Legal 500 2011 - Michael Ditchfield whose ‘communication skills are second to none’.
The Legal 500 2010 - Michael Ditchfield ‘is the standout barrister, we use him in preference to many QCs’, states one instructing solicitor.
Chambers and Partners Guide to the Legal Profession 2010 - a popular choices amongst the region's solicitors and is praised for offering clients "meticulous advice."
Chambers and Partners Guide to the Legal Profession - 2009 - Michael Ditchfield is a leader in industrial disease work who has a particular emphasis on asbestos-related injuries. He is said to display "a remarkable awareness to every aspect of the case"
The Legal 500 2009 - Michael Ditchfield is an "expert in occupational disease."
Michael is on the Attorney Generals' Regional Panel and regularly instructed in cases involving prisoners' rights and deaths in custody.
Recent Examples of Personal Injury Work
Michael has recently advised the DTI in connection with several cases concerning the date of knowledge relevant to the former NCB, regarding low level exposure of surface workers to asbestos pre-1960.
He was recently involved in a significant case concerning the appropriate value of an award in the case of death due to mesothelioma with short-lived symptoms. He has substantial experience of advising on behalf of widows and dependents of such victims, as well as for Defendants in those circumstances.
Reported Cases
Reynolds v DECC [2010]
Low level exposure to asbestos. Considering test for causation as distinct from test for breach of duty. Relevance of the TLV and relevance of latter day as against contemporary knowledge on the part of the employer
Harvey v Northumberland C.C. [2003] C.A. ; LTL 25/02/2003 AC 9900485
Employers' obligation in discharge of its duty to have regard to pending studies and recommendations into advanced safety measures.
Jefferson -v- NFC Freight Carriers [2001] 2 Costs LR
Method and principles of the summary assessment of costs.
Northumbria Police, ex p. Thompson [2001] 4 All ER 354
Judicial review of blanket ban affecting employment rights of police station representatives.
R –v- Governor of HMP Pentonville ex p. Lynn QBD 12/99
Judicial review of custody time limits and legitimate expectation of release.
DPP –v- Potts [2001] RTR1
Definition of dangerous vehicle.
Gallagher -v- Vintners
Mesothelioma case acting for the Claimant. Issue as to correct measure of damages situation of short lived symptoms. Proper applicability and value to the Court of JSB Guidelines.
Andrews -v- Dept BERR:
Test mesothelioma case concerning low level exposure to surface colliery workers pre-1960. Standard of care to be applied & standard of care relevant to coincidental rather than directly foreseen risk.
Strand -v- Darchem:
Acting for the claimant in a deafness claim. Issue was what was the correct measure of the average man? Was such to be determined by reference to ISO 7029 or Coles Luttman NPL.
Richardson -v- Nexus:
Issue as to correct test for causation in breach of PUWER 1998 Case.
HSE -v- LRH Transport:
Represented Defendant charged with breaches of section 2 HSWA. Duplicity of charge arguments. Claim by employee who had driven a fork lift truck over a loading bay edge. Claim potentially in £m as against company. Represented at all stages of case through criminal court.
HSE -v- Diggerland:
Represented Defendant, a funfair operator, which had permitted an untrained youth to drive a military vehicle containing fee paying passengers which then crashed. Numerous injuries to occupants. Significant public interest and high local profile case.
Lectures/Seminars
Michael is keen to provide talks and training seminars to solicitors. Recently, he has provided training on the following topics:
- Part 20 Claims
- Costs Based Applications
- Developments in the CPR
- Calculating Special Damages
