I’m a specialist personal injury and clinical negligence barrister who accepts direct instructions from injured Claimants.
I qualified as a barrister in 1991 and started off my career representing Defendants in murder cases, fraud and large scale drugs importation trials. I now work out of 9 Gough Square in London where I specialise in the highest value clinical negligence and personal injury claims. I’ve acted in many high profile cases including the Paddington rail disaster and the National Coal Board pneumoconiosis claims. I am well used to analysing complicated technical, medical and forensic evidence.
I act in all areas of personal injury litigation, but primarily in brain injuries, fatal accident claims and accidents causing injuries of maximum severity. I’ve also acted in numerous amputation cases, those involving chronic pain and those that give rise to unusual liability and causative issues.
In addition to loss of earnings and care claims, I regularly drafts complex schedules of loss and advises on quantum issues relating to:
- Periodical payments claims;
- Provisional damages claims;
- Prosthetic requirements;
- Future loss of chance claims (primarily in relation to curtailed careers);
- Complex loss of pensions claims including those for soldiers and police officers;
- Handicap on the labour market awards based on the Ogden Tables;
- The use of the Ogden Table multipliers and the use of the 2.5% multiplier discount rate, including its application in Jersey and Guernsey;
- Fatal accidents claim in respect of undeclared income, maintenance of children from previous relationships and re-marriage of widow /partner;
- The apportionment of fatal accident damages between children and Claimants
I routinely advises in allegedly fraudulent claim, including:
- Exaggerated claims;
- Claims involving video surveillance evidence
- Claims where earnings have been undeclared by the Claimant and there is a risk that the Judge and/or the Defendant insurer will report the Claimant to the Inland Revenue / police;
- The costs consequences should fraud or exaggeration be proved;
- Cases involving disputed conditions such as chronic fatigue syndrome and fibromyalgia
I’m often instructed to investigate these matters in conference with clients and experts and identify any inconsistencies and discrepancies in the evidence. Over the years I’ve also lectured extensively on these topics and upon recent updates in the law of this area
I have over 25 years experience in acting in clinical negligence cases including:
- Spinal Injuries – including failure to diagnose cauda equine lesion following the insertion of Harrington rods;
- Misdiagnosis by doctors, often of cancers;
- Dental negligence – particularly unnecessary treatment;
- Neglect of the elderly and /vulnerable persons within the hospital environment
I’m used to handling expert witnesses, identifying weaknesses in their evidence, advising upon their reports and drafting Part 35 questions.
I have extensive experience of the Coroner’s Court on behalf of families, usually in deaths arising from clinical negligence and road traffic accidents. Examples include:
- Inquests following deaths of patients who die in hospital following neglect;
- Inquests following misdiagnosis by doctors.
- I am happy to consider instruction in the Coroner’s Court on a CFA basis.
I regularly advises on limitation, Section 39 applications, application under CPR 3.9 in relation to late evidence and non-compliance with Court Orders, and has an in-depth knowledge of costs arguments and issues, especially in the context of costs and case management hearings.
I also routinely appears to secure substantial interim payments and have many years experience of appearing for parties in Joint Settlement Meetings
Cyrus Katrak of 3PB heads the set’s personal injury group, and is well respected as an expert in claims relating to industrial disease. He also has a wealth of expertise in complex, high-value catastrophic and fatality claims, and is experienced in group litigation. Expertise: “Clear and concise in his advice, he's not afraid to play devil's advocate and test our own case in conference. He's very on the ball when it comes to recent case work.” –Chambers and Partners UK Guide 2014
3PB’s Cyrus Katrak is ‘sharp minded and intelligent’– Legal 500, 2013/2014
Cyrus Katrak is the head of the personal injury group at 3PB Barristers. He works with both defendants and claimants across a wide range of personal injury issues, and is admired by commentators for his "ability to communicate clearly and yet respectfully with clients on difficult and sensitive issues." –UK Bar directory 2013
Cyrus Katrak is "extremely knowledgeable and capable of quickly isolating the key issues"–Legal 500 2012/2013