Jonathan Carr

synopsis

Jonathan’s practice is predominantly in the field of personal injury but he maintains a mixed practice involving contract, landlord and tenant, partnership disputes and professional negligence. He has an interest in mental health law (declaratory relief, applications to displace nearest relatives and injunctive relief against mentally incapacitated persons) and appears in the Court of Protection in both welfare and financial matters. His main areas of practise are as follows:

• Personal Injury and Fatal Accidents  
• Contractual and Commercial Disputes  
• Credit Hire  
• Motor Insurance Fraud  
• Mental Health
• Court of Protection

Personal Injury

Regularly instructed by both Claimants and Defendants in virtually all types of personal injury work, with particular emphasis on mid to high value claims arising from road traffic accidents, highway claims, occupiers’ liability and employers’ liability (including industrial disease claims – asbestos exposure, deafness, HAVS, dermatitis and asthma).

More recently specialised in employers’ liability, fatal accident claims and those arising out of allegations of motor insurance fraud (bogus passenger claims and staged accidents). Experienced with claims involving injuries of the utmost severity, brain damage, death and dependency.

Contractual and commercial disputes

Contractual disputes including sale of goods (particularly motor vehicles), business disputes and factoring agreements.

Credit Hire

Has a niche practice in matters arising out of credit hire including mitigation and need, impecuniosity, spot hire rates, credit repair, consumer credit arguments and common law enforceability and more recently issues surrounding the applicability of the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008.

Mental Health and Court of Protection

Instructed in welfare and financial matters (particularly in relation to issues surrounding Enduring Powers of Attorney, Lasting Powers of Attorney and the appointment/ removal of Deputies) under The Mental Capacity Act 2005.

Instructed in applications brought to displace nearest relatives under The Mental Health Act 1983.

Instructed in applications for writs of habeas corpus following alleged unlawful detention under the Mental Health Act 1983, in particular issues surrounding the alleged failure to consult the Nearest Relative.

Experienced in advising and representing both Applicants and Respondents in applications seeking injunctive relief against mentally incapacitated adults/children. 

notable cases

• N V MIB (2011) : Fatal Accident Claim. Instructed On Behalf Of A Child Whose Father Was Killed In A Road Traffic Accident. Issues Concerning Contributory Negligence Relating To The Wearing Of A Seatbelt, Intoxication, Accepting A Lift In A Car When The Driver Had Consumed Alcohol In The Presence Of The Deceased, Accepting A Lift In A Car When The Manner Of The Defendant's Driving Earlier On The Day Of The Accident (When The Deceased Was Also A Passenger) Gave Rise To A Cause For Concern. Further Issues Concerning The Correct Apportionment When The Deceased Was Maintaining Not Only The Child But Also A Child And Partner From A New Relationship
• Re J (2011) : Compensation claim following a miscarriage of justice. Representing J (a patient within the meaning of the Mental Capacity Act 2005) in his successful claim for compensation from the Justice Secretary under section 133 of the Criminal Justice Act following his wrongful conviction for the murder of his girlfriend which led to his incarceration for 16 years. Issues surrounding not only the calculation of the appropriate award but also the involvement of the Court of Protection in approving the final award.
• Re S (2010) : Court Of Protection. Suitability Of An Attorney To Continue To Be Donor's Attorney.
• R - v- Ross (2007 : Fatal Accident Claim. Instructed On Behalf Of A 12 Year Old Claimant Following The Death Of His Mother In A Road Traffic Accident
• Re W (2010) : Court of Protection. Successfully representing an Attorney appointed pursuant to an Enduring Power of Attorney in defending an application made by family members of W to have the EPA revoked and the family members appointed as Deputies.
• W - v - Leith UK Ltd (2009) : Fatal Accident Claim. Instructed On Behalf Of 2 Minor Dependents Following Their Father Receiving A Fatal Electric Shock Whilst At Work. Issues Surrounding Contributory Negligence, Duration Of Dependency And Level Of Care Provided By Mother Who Was Not A Dependent For The Purposes Of The Fatal Accidents Act 1976.
• McLeod - V - Hanover Housing Association (2008) : Representing The Claimant Successfully At First Instance And On Appeal Following Her Slipping And Falling On Ice That Covered A Pavement Leading From Her Sheltered Accommodation To The Highway. Consideration Of The Occupiers' Liability Act 1957 And The Workplace (Health, Safety & Welfare) Regulations 1992 In Light Of The Fact That The Pavement Was Also Used By The Defendant's Employees. Consideration Of The Extent Of The Defendant's Duty To Grit Including Steps To Be Taken To Find Suitable Manpower To Grit.
• Whitehead - v - (1) Teesside Karting Limited & (2) Cook (2008) : Instructed on behalf of the Second Defendant to defend a claim brought by the Claimant and First Defendant following the Claimant sustaining a serious head injury in a crash whilst both the Claimant and Second Defendant were Kart racing at the First Defendant's outdoor track. Involved expert engineering evidence surrounding the nature of the collision and whether it was a "racing incident" or negligent driving. Claim eventually discontinued against the Second Defendant.
• F -v- A Medical Practice (2008) : Instructed on behalf of a number of partners in a General Practitioner practice in an application to strike out a claim brought by a former patient for damages following his removal from the list of patients in the practice. Issues concerning what, if any, duty of care was owed to the patient in such circumstances and the interpretation of the National Health Service (General Medical Services Contracts) Regulations 2004. The application was successful and the Claimant's claim was struck out.
• Zahur -v-Centrica plc (2008) : Instructed on behalf of the Appellant in an appeal concerning the interpretation of the amended CPR 36 and, in particular, how to deal with the situation where a Defendant wished to withdraw a part 36 offer within the 21 days from the date the offer was made and, within that the same 21 day period, the Claimant wished to accept the Defendant's offer. This appeal further raised the issue of what, if any, procedure the court has available to it to consider the competing arguments; specifically does the Appellant/Defendant lose the right to apply to withdraw the offer if the offer is "accepted" by the Respondent/Claimant before such an application is made?
• R -v- Ross (2007) : Fatal Accident Claim. Instructed on behalf of a 12 year old Claimant following the death of his mother in a road traffic accident.
• M -v-Taylor & MIB (2007) : Fatal Accident Claim. Instructed on behalf of a child Claimant following the death of is mother in a road traffic accident. Issues surrounding the interpretation of the JSB Guidelines 6th Edition in valuing the dependency claim
• T -v-Clarke (2007) : Fatal Accident Claim. Instructed on behalf of a 12 year old autistic Claimant following the death of his mother in a road traffic accident. Claimant continued to be cared for by Deceased's partner. Subsequently, Deceased's partner felt no longer able to look after the Claimant as a result of the Claimant's challenging behaviour. Expert psychological evidence obtained to determine dependency issue and specifically the likelihood of Claimant being cared for at home if his mother had not been killed.
• Armstrong -v-J.A Green & Sons (2005) : Instructed on behalf of the Claimant following his development of a nasopharyngeal carcinoma allegedly caused by exposure to wood dust/ formaldehyde whilst employed by the Defendant. Complex medical issues surrounding medical causation in light of the Claimant's relatively young age.
• Cassie -v- M.O.D. [2002] EWCA Civ 838 : Instructed as Junior Counsel on behalf of the Claimant at his appeal concerning routes of appeal to the Court of Appeal pursuant to Section 54(4) of the Access to Justice Act 1999 following an earlier refusal of the County Court to permit psychological evidence to be adduced at the Claimant's trial.
• KD -v-St Mary Magdalene And Holy Jesus Trust (2002) : Instructed As Junior Counsel On Behalf Of A 14 Year Old Boy Who Sustained Serious Head Injuries When He Was Hit By A Falling Tree Whilst Walking Through Woodland. Issues Surrounding Duty Of Care Of Landowner As An Occupier. Claim Worth In Excess Of £1 Million On A Full Liability Basis.
• Instructed on behalf of the Second Defendant to defend a claim brought by the Claimant and First Defendant following the Claimant sustaining a serious head injury in a crash whilst both the Claimant and Second Defendant were Kart racing at the First Defendant's outdoor track. Involved expert engineering evidence surrounding the nature of the collision and whether it was a Cracing incident - or negligent driving. Claim eventually discontinued against the Second Defendant.

education

• Durham School
• Newcastle University LLB (Hons)

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