Nathan is a respected practitioner in complex or catastrophic personal injury claims. He has particular expertise in: traumatic brain injury, spinal cord injury, aviation accidents, equestrian accidents, and industrial disease claims.
He carries out both claimant and defendant work. Instructing solicitors include: Stewarts Law, Irwin Mitchell, Slater & Gordon, Royds Withy King, Hodge Jones & Allen, Bird & Bird, Bevan Brittan, Clyde & Co., BLM, Weightmans, Bond Pearce, and Foot Anstey.
He has been involved in some of the largest individual personal injury claims including several with values in excess of £10 million and one in excess of £20 million, and a number of significant multi-party actions (mass tort claims).
Nathan often writes on personal injury topics and is an editor of the Journal of Personal Injury Law (Sweet & Maxwell).
Notable cases:
- Schoultz v Ball and others [2022] EWHC 2452 (KB), instructed by Clare Garnett at Clyde & Co.
Nathan (leading Harriet Jerram, also from OTC) was instructed by the insurer of a horse which strayed onto the A3 in Surrey resulting in serious brain injury to the claimant who was the passenger in a taxi which collided with the horse. The claimant’s case was brought under the Animals Act 1971 as there was no negligence on the part of the First Defendant. Nathan led a successful defence of the claim which was dismissed because the claimant failed to establish that the horse was displaying dangerous characteristics (withing the meaning of s.2(2) of the Act) at the time of the impact. The case is a useful example of the potential limitations of expert evidence in a claim under s2(2), and, depending on the specific facts, will give some encouragement to owners in defending Animals Act claims. - B v (1) S.F; (2) Prestige EA Ltd; (3) Zurich Insurance, 2021
Nathan acted for a claimant whose flat exploded due to a gas leak following building works. The claimant sustained severe burns to 90% of his body and was left with extremely significant ongoing disability, both psychological and physical. Interesting liability issues as to whether the landlord or the project manager were liable for the gas installation, as well as interpretation of the Gas Regulations. The claimant recovered a settlement which - X.X. by his Litigation Friend, P.B.B v R Ruby & Sotreria Insurance Company Ltd, Approval December 2022
This was an unusually complex claim where Nathan represented a claimant who sustained paraplegia after he was run down at speed by the defendant. At the time of the accident the claimant was suffering undiagnosed cervical spinal stenosis which was likely to have left him tetraplegic in any event if undiagnosed and untreated. Issues revolved around causation and the ‘but for’ scenario. Also, what level of statutory care funding would be available in the future and what would have been required in any event? The issues brought into play controversial areas of law which would have been challenged had the claim gone to trial, including the extent to which the law must assume competent medical care had the accident not occurred. The claim settled for > £4.5m. - Freeman v Lockett [2006] PIQR P.23
Represented Claimant in a leading case involving state funding of care issues for a claimant with tetraplegia. - Kotula v EDF Energy
Important claim with separate reported judgments dealing with (1) liability of cyclist using pavement rather than road, 15/6/10, Simon Brown QC; (2) provisional damages for syringomyelia, [2011] EWHC 1546 QB, Irwin J.; (3) security of funding for periodical payments from a foreign insurer with an indemnity limit in euros, 9/11/12 Irwin J. - Edwards v London Borough of Sutton [2014] EWHC 4378 (QB), [2016] EWCA Civ 1005, [2017] PIQR P2
Claim for spinally injured individual concerning extent of occupier’s liability for historic structures (the claimant fell from a bridge with a low parapet wall whilst pushing a bicycle). - Soboloewska v Threlfall [2014] EWHC 4219 (QB) (Foskett J)
Successfully claimed for a claimant who sustained a significant traumatic brain injury in a car park where the circumstantial evidence suggested she had been knocked down by the defendant’s car, though there were no independent witnesses and the claimant had no knowledge of what happened to her. - Bryant & Others v High Places Limited
Acted alone for claimants in a multi-party action arising out of a coach crash in Argentina. Recovered in excess of £900,000 for the claimants in various round table meetings. - S v MoD
Acting for ‘Britain’s Strongest Disabled Man’ who had suffered an above-knee amputation when shot during a negligently run operation on the life-firing military range in Canada. Recovered greater than £4 million on full liability. - Lear v Hickstead Limited [2016] EWHC 528 QB
Acting for Hickstead International show ground (the defendant) at a trial where the claimant who sustained paraplegia in an accident at the site alleged that the accident was caused by negligence and/or breach of the Occupier’s Liability Act 1957. Nathan was successful in having the claim dismissed. - Rankin & others v (1) MANX2 Ltd; (2) Flightline BCN; (3) Lineas Aereas de Andalucia; (4) La Reunion Aerienne
Acted for the first defendant (instructed by Bird & Bird on behalf of the French insurer) in relation to multiple claimants injured (some fatally) in an air crash that occurred in Cork in 2011. Quantum greater than £2 million. - Hickman, Cervi, Udoaka & others v (1) London Borough of Southwark, (2) London Fire and Emergency Planning Authority, (3) Apollo Property & Building Services Ltd
Acted for one of the defendants in a multi-party action arising out of the Lakanal House fire which was responsible for the deaths of six residents. Also acted for the contractor in a related professional negligence matter.
