Thomas Challacombe

Tom has extensive experience in personal injury having practised in the area since joining Chambers. He prides himself on good client rapport and likes to work closely with Solicitors in managing cases together.

Tom acts for both Claimants and Defendants on high value claims and fast track matters. This includes, but not limited to, work in:

• Abuse claims

• Animals Act

• Catastrophic and life-changing injuries

• Employers' Liability

• Fatal Accidents

• Highways Act

• Industrial disease (including deafness and asbestos related disease)

• Occupiers' Liability

• Product Liability

• Road traffic

• CICA appeals

Recent cases of note include:

M v Various

A fatal accident claim where a tree fell into the road killing a passing motorist. The claim involved complex arguments around land ownership and responsibility for the tree. The Deceased was in his 40s and left behind 2 young children and a wife of modest means. The claim settled at JSM for a significant sum.

A-H v DP

A policeman whose injuries led to his medical retirement from the Force aged 40. He intended to serve to age 60. The consequences of his injuries were significant claims for loss of earnings and pension loss.

H v P

A trawler man who lost his hand in a gantry/hoist system at sea. The Claimant was unable to earn in the same capacity as he had before and was evidently disabled. The claim involved claims for loss of earnings, pension loss and prosthetics. The claim was disposed of just before trial at a figure close to seven figures.

Tom has a particular specialism in military claims. Tom has advised in many claims of significant value involving individuals injured during the course of service. This work often involves complex schedules of loss where matters such as length of service, promotion, earning capacity after service, disability and pension loss all have to be considered.

Further to this Tom is involved in multiple claims involving former and serving military personnel who have suffered military noise induced hearing loss, hyperacusis and tinnitus during service.

Cases of note against the Ministry of Defence have included:

U v MOD

The Claimant was injured in a rugby match, whilst serving in the Marines, which subsequently resulted in his medical discharge. He intended to serve through to the age of 60 and was medically discharged at the age of 45. A significant 6 figure settlement was obtained at a JSM.

D v MOD

The Claimant a serving Royal Marine, was injured when a bungee cord flew up into his eye. The injury resulted in a medical discharge and a shortening of what otherwise would have been a full career in the forces. A significant six figure sum was achieved at a JSM.

H v MOD

The Claimant who was serving in the Royal Navy was injured in a training exercise aboard a rigid inflatable boat. Her injuries led to medical discharge and settlement was achieved for a significant six figure sum.

Q v MOD

The Claimant, an airman in the Royal Navy was injured on a training course. His injuries were such that he was medically discharged. After complex arguments around length of service, likely promotional opportunities and earning capacity outside the Navy the claim was resolved at JSM for a significant sum.

He accepts instructions on a CFA basis and is happy to work to tight deadlines.

Tom has experience of representing many different parties, including:

• Family of the deceased

• Insurers

• Primary Care Trusts

• Health and Safety Executive

He provides advice and representation in the early stages of contact with the coroner and has experience of dealing with issues of disclosure. He provides representation at pre-inquest reviews and advocacy at inquests both with and without juries.

Tom has an established clinical negligence practice with experience across a wide range of areas of medicine that often result in life changing injuries. He prides himself on good client rapport and likes to work closely with Solicitors in managing cases together.

He acts exclusively for Claimants often in cases of significant value. His practice has included advising on claims such as:

• Delayed diagnosis

• Delayed cancer diagnosis

• Failure to consent

• Falls whilst in Hospital care

• Fatal accident claims

• Management of mental health

• Negligent nursing care

• Obstetrics

• Sepsis and infection control

• Surgical injuries

Selected cases of note:

F v NHS

The Claimant, a lady in her 80s, required a total hip replacement. Post surgery there was seen, on x-ray, to be pelvic dissociation with the acetabular component found to be within the pelvis. Breach of duty was denied. At a 5 day trial of this matter judgment was entered in favour of the Claimant. The Claimant beat her own part 36 offer and received damages in excess of £400,000.

VR v Dr M

The Claimant in this matter suffered drug induced parkinsonism and an exacerbation/acceleration of decline in her degenerative motor decline following a negligent withdrawal program from a prescribed drug. The claim involved complex issues in terms of breach and causation that were resolved in the Claimant’s favour and resulted in judgment being entered in her favour.

Tom joined Chambers in 2007 following the completion of his pupillage at KBG Chambers. Tom came to Chambers with a background of practicing exclusively in employment litigation with a particular focus on Respondent work.

Prior to joining Chambers Tom was employed by a Solicitors’ firm in Exeter. In particular Tom was tasked with growing the Firm’s Respondent work by introducing local businesses to fixed fee packages whereby he and the firm would provide advice throughout the year for an annual fee. Prior to leaving that firm Tom had approximately 25-30 small to medium sized local businesses committed to the annual package.

Since joining Chambers in 2007 Tom has continued to practice in all areas of employment litigation and has appeared at Tribunals throughout the country.

His practice is both paperwork and advocacy based and he covers all areas of dispute that arise including, but not limited to:

• Constructive dismissal

• Unfair dismissal

• Discrimination
(age, disability, marriage race, sex, sexual orientation etc.)

• Protected disclosures (whistleblowing)

• Contractual claims for unlawful deduction of wages

• Harassment

• Victimisation

Tom continues to have a focus towards Respondent work and has since joining Chambers represented numerous national retailers, builders’ merchants and pub chains. In addition to acting on behalf of large national companies Tom has continued to advise and represent local small to medium sized businesses. In respect of those local businesses Tom has provided advice in relation to internal disciplinary matters.

In his Claimant practice Tom has represented Claimant’s against all manner of Respondents including supermarkets, the Royal Mail and NHS Trusts.

He has experience in dealing with jurisdictional issues such as those that arose in the case of Lawson v Serco [2006] UKHL 3 and Williams v University of Nottingham [2007] IRLR 660.

Tom has acted for both Claimants and Respondents at Judicial Mediations

Outside of the Employment Tribunal Tom has advised and acted for Claimants in claims against their employers under the Protection from Harassment Act 1997.