Gerard Martin QC

Introduction

Specialist in brain injury cases- spinal injury cases for adults and children.

Other specialties include claims for amputees, pain and somatoform disorders.

In the way his career has developed both at the junior bar and in silk, he has been instructed almost exclusively by those acting for Claimants, save for one or two occasions when insurance companies have sought his assistance. The majority of his work over the past 14 years in silk has been for clients with severe brain injuries, be they adults or children, the injuries resulting as the consequence of accidents or by way of clinical negligence.

Each case of severe brain injury is unique and experience has taught him that it is unwise to generalise about outcomes, much depends upon the individual and the support they receive. Practising in this speciality has meant that the experts on both sides of the litigation divide are known to him, as are the centres of excellence for rehabilitation of the brain injured.

Ensuring the inclusion of the client who may lack capacity to make decisions for himself re his claim, or in the management of his affairs, is vital and integral to the way he works. Visiting the client and his or her family at their home, hospital or in his rehabilitation unit is essential so as to gain a better understanding of the important issues in their lives. This means that he has visited most parts of England and Wales in the course of his work. Gerard has chambers in Liverpool, Manchester, Leeds, London and Birmingham, if a meeting in an office environment is required.

His approach to this work is to encourage and promote teamwork between client, solicitor, counsel and their expert advisors. He always wishes to be instructed at the outset of the case if possible, so as to influence its direction and choice of experts to assist the client.

He uses the same approach outlined above to other areas of his practice which includes managing claims for spinal injury, amputees, complex regional pain syndrome and other somatoform disorders.

Most cases settle by negotiation rather than trial in court. One of his particular interests is the preparation for and conduct of the negotiations which may lead to the conclusion of the case. His aim is to anticipate well in advance the arguments to be deployed against his client , to gather the evidence and serve in advance of the meeting so as to defeat those arguments.