Ranked in Tier 1 for Personal Injury and clinical negligence – The Legal 500 (2019)
“Highly recommended for personal injury matters.” – The Legal 500 (2019)
“Very experienced in personal injury claims.” – The Legal 500 (2017)
“She is personable, approachable and excellent with clients.” – The Legal 500 (2016)
Fiona Ross’s background is in all areas of civil law, but she now specialises in high value personal injury, disease and commercial work and has extensive experience in all areas of motor insurance fraud.
For the past three years Fiona has been recognised as a leading junior in the Legal 500 in the area of personal injury and clinical negligence.
Fiona is recommended for multi-track personal injury claims and has experience for acting in cases involving life-changing injuries, both on her own and with leading Counsel. She is well known for her strong trial advocacy, particularly her forensic cross-examination style and down to earth approach when communicating the issues to clients and solicitors.
Fiona has a busy, nationwide practice and undertakes the full range of personal injury work, from those of high value involving multiple and severe injuries to low value whiplash injury claims. Her experience includes numerous employer’s liability claims, including the full range of statutory duties. Public liability claims undertaken include highways claims, occupiers’ liability claims and claims against persons in positions of responsibility. She also has considerable experience of drafting schedules and counter-schedules in high value cases. Her multi track work often results in representing parties at joint settlement meetings. She has considerable experience in dealing with liability experts, both in conference and by way of cross examination, and dealing with medical experts both in conference and challenging experts by way of Part 35 questions.
Fiona has experience on behalf of both Claimants and Defendants in cases involving chronic pain, CRPS (complex regional pain syndrome) and fibromyalgia.
She deals with cases of sexual and physical abuse, including historic claims, involving both vicarious liability and alleged systematic and personal breach of duty. Fiona has experience of dealing with unlawful deprivation of liberty cases and claims under the Human Rights Act.
Fiona often represents clients in claims involving psychiatric injury, both “primary” and “secondary” victim cases as well as cases of stress at work. She is experienced in the cross-examination of vulnerable witnesses at trial and with all aspects of the substantive legal issues which may arise, including limitation (including as a preliminary issue) and vicarious liability.
She understands the issues concerning expert psychiatric evidence, both as to causation and limitation and the cross-examination of those experts.
She is also experienced in vicarious liability, including in relation to workplace assaults, on and off “work time” and work premises, claims.
Fiona has represented both Claimants and Defendants in numerous occupational disease claims, such as cases of NIHL, HAVS, VWF and in cases involving the development of skin conditions such as dermatitis and occupational asthma. She has considerable experience of representing Claimants and Defendants at applications dealing with complex procedural matters and at preliminary hearings dealing with limitation arguments.
Fiona is experienced in inquests on behalf of a range of interested parties, including the family of the deceased, insurers and private clients, examples of recent cases include the death of a vulnerable adult in a care home and a death resulting from an accident at work.
Fiona has a keen interest in a range of travel and foreign claims has led to a developing practice representing both claimants and defendants in claims:
- Under the Package Travel, Package Holidays and Package Tours Regulations 1992.
- Aboard and concerning planes and other aircraft under the Warsaw Convention and Montreal Convention;
- Relating to the cancellation of flights, denied boarding and flight delays under the Denied Boarding Regulation (EC 261/2004);
- Aboard cruise ships and other vessels under the Athens Convention;
Fiona is always aware of the latest developments in this area of practice and frequently lectures in a variety of areas of law. She is often asked to give CPD-accredited training seminars.
- MH v. MC – Acting on behalf of a Claimant motorcyclist who sustained multiple severe injuries, including several life-changing injuries, in a high-speed road traffic accident. The claimant also suffers from continuing psychiatric illness requiring intensive treatment.
- LP v. Calderdale and Huddersfield NHS – Representing the Claimant where she alleges failings on behalf of the NHS causing her baby to be born still.
- JM v. GH – Successfully represented Defendant hotel in relation to a claim arising out of a guest passing out against a radiator and sustaining life-changing, severe burn injuries.
- TH v. RB – Acting for Defendant grandfather in historic, serious, sexual abuse claims made against him by his granddaughter.
- CW v. DH – Claimant was a Protected Party due to sustaining a severe head injury as a result of running out in front of Defendant’s vehicle. Claimant valued General Damages at £1.9 million. Defendant valued General Damages at £1.25 million. Lead by Andrew Lewis QC, acting on behalf of the Defendant, who successfully agreed terms of a settlement on the basis that the Claimant’s claim be dismissed and that the Claimant make a contribution of £50,000 towards the Defendant’s costs. Despite the Claimant sustaining a severe head injury and the law generally being sympathetic to pedestrians in such cases, a detailed analysis of the complex accident reconstruction evidence lead the Defendant to argue successfully that the Claimant was unlikely to succeed on liability at trial.
- RS v. KT – Successfully represented the Defendant in relation to a claim arising out of a high speed road traffic accident, as a result of which the Claimant alleges that her shoulder injury caused her to develop Chronic Regional Pain Syndrome.
- DD v. Ethias NV – Road traffic accident in Belgium. Liability admitted. Method of the assessment of quantum is denied on a jurisdictional basis. Acting for the Claimant in respect of his claim for a subrogated recovery of sums paid by the insurer for damage caused to the Claimant’s motor vehicle. Advice was sought on the applicable law for the assessment of damages. The doctrine of forum conveniens and Rome II considered. Run as a test case to consider the impact that it will have on all future claims, seeking to recover the full amount of damages based on the Breakdown of Invoiced Costs.
- TM v. Safeway Stores Limited – Successfully acted on behalf of four Defendant companies in a noise induced hearing loss case to set aside a Court Order and strike out the claim, with a further success at a wasted costs hearing due to the conduct of the Claimant solicitors. Complex procedural arguments dealing with extension of time for service of the Claim Form and restoration of a dissolved company.
- JC v. WM Morrisons – Detailed, forensic analysis of case law and CPR 45 to determine what constitutes a disease within the meaning of CPR 45.
- Inquest touching upon the death of SP (Bolton Coroner’s Court) –Successfully represented the family of the deceased in exposing the Defendant to criticism for failing to administer the correct medication due to poor record keeping.
Fiona may accept Public Access work, where she can be instructed directly by a member of the public rather than a solicitor.