Introduction

Andrew’s practice encompasses three specialist areas: Personal Injury, Clinical Negligence and Licensing.

Andrew is Head of the Personal Injury and Clinical Negligence Groups in Chambers.

Recognised as a Leading Junior in Chambers and Partners and Legal 500 2020 editions in Clinical Negligence and Licensing:

  • “He is very knowledgeable, reasoned and generally unflappable! Andrew’s advocacy is outstanding and he is well respected in this field.”
  • “He is always extremely efficient, prompt, amenable and helpful.”
  • “A very responsive and experienced clinical negligence counsel.”
  • “A great advocate in complex applications and costs case management conferences.”
  • Conscientious, bright and able – an excellent licensing barrister.”

Licensing

Over the last 20 years Andrew has developed an established reputation in this field as a result of his wide-ranging experience in this ever-developing area. Andrew acts for the trade, local authorities and responsible authorities (where separate representation is required).

Best known for his alcohol and entertainment licensing, Andrew Evans also advises on and provides representation for disputes arising from the licensing of taxis and in other more esoteric areas of licensing. He is especially noted for the thoroughness of his preparation, his eye kept on the bigger picture and his courtroom acuity.

Andrew regularly appears before local authorities, the Magistrates’ Court, Crown Court and Administrative Court in licensing matters. Andrew receives instructions in matters relating to the Licensing Act 2003 from major pub operators, hotel chains and local authorities across England and Wales to provide specialist advice and advocacy on a wide variety of contentious and non-contentious matters.

Andrew can be available for emergency applications such as summary review/ interim steps applications and closure order applications at short notice.


Inquests & Coronial

Andrew accepts instructions to advise and represent corporate entities and families at inquests, particularly where civil claims are contemplated. Andrew also has a busy clinical negligence practice and is comfortable dealing with medical evidence.


Fatal Accidents

Andrew acts for the estates and dependants of victims of fatal accidents that occur as the result of road traffic accidents, in the course of their work or arising from clinical negligence.


Catastrophic Injuries

Andrew has experience of high value claims arising from very serious injuries. Recent cases include:

  • multiple orthopaedic and psychological injuries arising from a motor cycle accident.
  • a subtle brain injury to a 3 year old girl that has affected her hormonal function.
  • a 25 year old claimant who has suffered a debilitating somatoform disorder.
  • A 30 year old claimant who has suffered a chronic pain disorder.
  • A brachial plexus injury leading to severe pain and an excoriation disorder.

Industrial Disease

Andrew provides advice and representation to claimants and defendants in claims arising from industrial exposure to harmful dust, chemicals and substances caught by the COSHH Regulations 2002, vibration, repetitive activities causing work related upper limb disorders and stress.

Recent instructions include:

  • A claim by a factory worker who suffered an upper limb disorder working on a cling film production line.
  • A claim by a worker in a woodworking factory who suffered industrial deafness because he was exposed to excessive noise at work for over forty years.
  • A claim by a supermarket employee who was exposed to spilt chemicals in her work re-stocking shelves and suffered dermatitis as a result.
  • A claim by a worker who handled raw meat products and developed dermatitis.
  • A claim by an assembly line worker who was exposed to dangerous chemicals in a lubricant he was required to apply to equipment he assembled.

Fraud and Allegations of Fraud

In recent years Andrew has built up considerable experience in personal injury litigation. With a background in the early part of his career prosecuting criminal cases in the Crown Court he is ideally suited to civil and in particular personal injury fraud work.

Andrew accepts instructions from the early stages in defending insurers’ interests, advising on: investigation tactics; witness credibility; requirements for expert evidence (and testing it in conference); whether fraud may be properly advanced in pleadings; and thereafter in drafting statements of case and providing robust representation at trial. With years of experience on his feet in the Crown Court, before he made the change to practising exclusively in civil law ten years ago, Andrew is not afraid to get stuck into a witness in cross-examination, usually to good effect.

Recent instructions include cases involving: Low Velocity Impact claims; fraud rings; phantom passengers; inflated credit hire and repair claims; induced accidents; and staged accidents.


Clinical Negligence

Andrew has an established practice in clinical negligence cases built on his earlier experience in personal injury work. His growing reputation sees him instructed by some of the leading national law firms in this highly specialised field, where his client care, attention to detail and ability to identify how cases can be won are appreciated and in demand.

Andrew receives instructions to draft statements of case and schedules, advise and appear in applications, provide advice in writing or conference with expert witnesses in attendance and provide representation at trial.

Andrew has a particular interest in recent years in cosmetic surgery cases.

Recent instructions include claims relating to:

  • Failure to diagnose a deterioration in kidney function leading to the loss of a single remaining kidney leading to a transplant.
  • Failure to identify and repair a grade four tear during childbirth.
  • Delays in diagnosis of cancer.
  • Failures to diagnose scaphoid fractures leading to serious disability.
  • Failure to diagnose a brain cyst leading to the death of a child from hydrocephalus.
  • Negligently performed total gastrectomy where a patient was wrongly diagnosed with cancer.
  • Failure to diagnose and correctly treat a potentially fatal cardiac condition.
  • Extravasation injuries causing disfiguring scarring to children.
  • Failure to diagnose and treat compartment syndrome leading to disability.
  • Negligently performed ACL repairs.
  • Negligently performed cystoscopy leading to Peyronie’s disease.
  • Failures to consent and competently carry out breast augmentations and lifts, face lifts, rhinoplasty, procedures involving cosmetic fillers
  • Failures to identify and manage infections following cosmetic surgery and procedures.
  • Negligently performed cosmetic dentistry including implants leading to nerve injury.
  • Falls and accidents on the ward / private hospital rooms.

Andrew is happy to accept instructions on a CFA basis where appropriate and to appear before the Coroners Court where civil claims are contemplated.

As part of St Philips’ continuing commitment to continuity of representation, and desire to be actively involved in cases from the earliest stages, Andrew regularly appears for parties at CCMCs and is entirely comfortable with costs budgeting of budgets up to c.£400k.


Travel and Holiday Claims

Andrew accepts instructions relating to claims made for personal injury and associated losses arising from accidents abroad. Andrew accepts instructions in mostly multi-track cases involving the Package Travel Regulations.  Recent cases include:

  • A complicated cardiac injury resulting from a Shigella infection.
  • A group claim for 12 Claimants who suffered gastric illness on a holiday to Egypt.
  • A group claim for 11 Claimant who suffered food poisoning on a holiday in Rhodes.
  • Pre-action disclosure applications against holiday companies and travel agents.

Personal Injury

Andrew is instructed in personal injury matters on the multi-track, a significant proportion in the High Court. The value of his normal caseload is usually between £100,000 and £1m. Recent cases have involved:

  • A fatal accident in which a man fell to his death from a hotel window.
  • A severe abdominal/bowel injury suffered in a RTA.
  • A variety of digital amputations and hand injuries to industrial workers.
  • A severe upper limb injury to a construction worker who fell from scaffolding.
  • Lower body crush injury to a manager supervising the unloading of a lorry, 4 defendants.
  • Fractured spine with lifelong neurological consequences.
  • A fatal accident in which a warehouse supervisor fell to his death from a for- lift truck.
  • Multiple severe injuries from motorcycle accidents.
  • Brain injury.
  • Holiday illness claims – gastric illness, cardiac injury from secondary infection.
  • Fundamental Dishonesty / Fraud /Contempt – allegations going to loss of QOCS protection and contempt proceedings.

As part of St. Philips’ commitment to providing continuity of service through a case from the earliest advice on prospects to trail, if required, Andrew regularly appears in CCMCs in both the County and High Court. Andrew understands the importance of fighting for the directions that allow a case to be resolved justly on behalf of a claimant, and the importance to that of a costs budget being set that allows sufficient funding to be in place for expert evidence and solicitors work to see that the case is litigated properly. In the earliest part of his career Andrew accepted instructions in specialist costs work, drafting and arguing points of dispute and replies, and attending hearings (including before Masters and Costs Judges in the Senior Courts Costs Office in London). This early training has always ensured that Andrew is comfortable with costs negotiation and arguments before the Courts. The budgets Andrew tends to work with are in the £100,000 to £400,000 range. Andrew’s philosophy for Costs Budgeting is to know the case thoroughly and be pragmatic in the hearing, being careful to achieve the best overall result on the budget from the particular judge. Regular appearances before the more senior District Judges in Birmingham and the Midlands, help to ensure that he knows their approaches and idiosyncrasies to the advantage of his lay and professional clients.

Education

LLB (Hons) 2:1 University of Birmingham
ICSL (Very Competent)
Hardwicke Scholar of Lincolns Inn

Appointments and Memberships

Treasurer of the Midland Circuit
IoL Member
AvMa Member

Testimonials

"A great advocate in complex applications and costs case management conferences." Legal 500 2020
"He is very switched-on and extremely thorough. His ability to get his head around complex medical issues is very impressive. His advice and support fills me with confidence in any case in which he is instructed.” Chambers UK
“Responsive and great with clients. Good technical ability." Chambers UK
"He has full command of the key issues in a case." Legal 500
"His attention to detail on some of the finer points was second to none. I was impressed with his approachable manner yet in-depth knowledge of the subject matter, which you would only see from a true specialist in the field of clinical negligence." Chambers UK
"He has an eye for detail; his drafting is impressive. He's a strong advocate." Chambers UK
"He is personable, and has great client-care skills." Legel 500
"His client care is second to none. I use him on cases with clients that are more difficult as he manages their expectation well." Chambers UK