Andrew Mckie (2011)

Andrew Mckie (2011)

Manchester
Membership Status: Barrister - Full Member Qualified in 2011 Public Access Accredited BSB Guidance for Public Access
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Summary/ Background 

Andrew is a specialist in claimant personal injury, with a particular interest in cases involving employers liability, public liability and Travel claims. Andrew also specialises in multi track and serious injury claims. Andrew has published several books on EL/ PL, fraud and Travel claims which can be found at :-http://www.lawbriefpublishing.com/all-books/

Andrew also has a specific interest in housing disrepair and cavity wall claims. Andrew is published on the subject at http://www.lawbriefpublishing.com/product/housingdisrepairandcavitywallclaims/

Before qualifying, as a Barrister, Andrew has 6 years advocacy experience, as a Solicitor. Andrew has worked for a number of leading Legal 500 firms specialising in RTA fraud, including Keoghs LLP and Weightmans LLP, acting for some of the leading insurance companies in the UK.

Andrew has also worked for a number of leading claimant personal injury and credit hire law firms, acting for some of the largest credit hire companies in the UK. Previously, Andrew was the Head of Litigation and In House Solicitor Advocate at a claimant personal injury and credit hire firm, with over 50 staff, and Andrew brings this vast experience, as a Solicitor, to the Bar.

Andrew is also a trainer for MBL seminars and the courses can be found here http://www.mblseminars.com/Speaker/Andrew%20McKie/767

Andrew also regularly writes Articles for legal publications such as JPIL and Law Brief Publishing and the books can be found here http://www.lawbriefpublishing.com/all-books/

Andrew is a Member of the Personal Injuries Bar Association and Association of Personal Injury Lawyers.

Judicial Feedback - Advocacy

"Miss X should be grateful that Mr Mckie was her barrister" -District Judge, Dudley County Court, following successful Small Claims Hearing in relation to Credit Hire, July 2012

Client Feedback  - Advocacy and Advices:-

"Andrew is a most thorough, dedicated and hard working professional' -Andrew Bell, Solicitor Advocate, Curtis Law, July 2012

"Many thanks for your time yesterday and today" - Partner, medium Personal Injury practice, Manchester, April 2012, following conference and advice to settle Multi-Track claim where fraud alleged.

"Thank you for preparing this so quickly.  Nothing I like better than a proactive reply" - solicitor, Personal Injury practice Milton Keynes, July 2012, following receipt of Reply to Defence

"Happy with the service so far.  Keep up the good work" - Costs Manager, large Personal Injury Practice, Merseyside, June 2012, following written Advice for Fast Track RTA where fraud alleged.

"Good Job, Thank you" - Partner, small Personal Injury practice, Cheshire, June 2012, after successful Application to allocate Credit Hire claim to Fast Track.

"Thank you very much for dealing with this matter so quickly.   Very impressed!" - Personal Injury Fee Earner, large Personal Injury practice, Norwich, May 2012, following Advice on Quantum

 Client Seminar / CPD Feedback:

"Thank you very much Andrew for organising this event. I have learnt a lot, it was very interesting. Looking forward to reading your article. Keep me posted." - Managing Director of a Medical Agency following CPD Seminar, July 2012

"Thanks again for presenting such a well thought-out seminar last night " - senior solicitor, following CPD Seminar, July 2012

"Thank you very much for the attached notes. Your help is really appreciated by us" - litigation executive, large Personal Injury Firm in Bolton, June 2012 following MOJ Portal CPD Training

Advocacy Profile:-

Andrew undertakes claimant and defendant instructions, for the following types of work:-

  • All types of interlocutory hearings including case management conferences, allocation hearings, pre-trial reviews and applications.
  • Multi track, fast track and small claims track, trials and disposal hearings.
  • MOJ stage 3 hearings.
  • Infant approval hearings.
  • All types of written advice and pleadings.
  • Conferences with clients.

Areas of Practice:-

Andrew is happy to  CFA  instructions in the following areas:-

  • Personal injury litigation, including road traffic accidents, occupiers liability and public liability cases including:-
  • Claims under the Occupiers Liability 1957 and 1984. 
  • Defective Premises 1972 claims. 
  • Highways Act 1980 claims. 
  • Claims in nuisance. 
  • Advice on indemnity under the Road Traffic Act 1988. 
  • Credit hire claims. 
  • Andrew also undertakes allegations of fraud work on a private basis. 

 

  • All types of employers liability claims. 
  • Repetitive strain injury cases, manual handling cases, slips and trips in the workplace, accidents at height, accidents on construction sites and accidents involving work equipment 

 

  • Travel litigation including Advice as to whether the 1992 Package Travel Regulations are applicable.
  • Quantum advices with a specialism as to heads of loss in food poisoning cases and loss of enjoyment.
  • Advice as to breach of duty in relation to accidents abroad and food poisoning cases.
  • Claims under the Montreal convention and advice in relation to accidents on planes.
  • Standard of care abroad and accidents in foreign hotels including slips, trips and falls.
  • Accidents at Sea and Cruise Ship Claims under the Athens Convention.
  • Accidents on tour operator excursions.
  • Ski or snowboarding accidents.
  • Motor accidents and Rome II
  • Claims under the 1992 Package Travel Regulations.
  • Advice on quantum and causation for all types of travel claims.
  • Costs advice in relation to travel claims.

 

  • Andrew also has an interest in housing disrepair and cvavity wall claims including:- 
  • Claims under the Landlord and Tenant Act 1985.
  • Claims under the Defective Premises Act 1972.
  • Advice on housing disrepair, liability, causation and quantum.
  • Advice on cavity wall claims, liability, causation and quantum.
  • Personal Injury claims attached to cases of damp or mould.
  • Drafting pleadings in relation to cavity wall and housing disrepair claims.

 

  • Costs, including summary assessment and detailed assessment hearings.

Professional Background:-

February 2012 Fully Qualified Barrister.

December 2011 - Solicitor Advocate - Solicitors Higher Rights of Audience (Civil)

July 2011  - Called to the Bar at Lincolns Inn.

May 2011-  BBP Law, London - Bar Transfer Test.

January 2008 Fully Qualified Solicitor

2004-2005 Diploma In Legal Practice (Legal Practice Course), The College of Law, York.

2001-2004, LLB (Hons) Law / Criminology, University of Keele.

Why instruct Andrew and what makes him different from other counsel?

  • Andrew is a former solicitor and understands the service that solicitors expect, when instructing counsel. In particular, Andrew understands the importance of protecting the solicitor's costs position.
  • Andrew prides himself in offering a friendly and approachable service. Andrew is happy to provide his mobile number and direct access email, to fee earners, for any informal queries on cases, without the need for formal instructions.
  • Andrew will always endeavour to return all papers within 14 days and adopts a flexible approach to his work. Andrew is happy to accept urgent instructions, where the need arises.
  • Andrew will fight cases aggressively for your clients, but with a commercial outlook. Andrew will always maintain a robust approach to litigation. Andrew will always put your clients first and will offer commercially sound advice.
  • Andrew is happy to consider entering into a firm wide CFA, for bulk instructions. Andrew is happy to consider entering into a CFA on cases where other Chambers may charge you privately.
  • Andrew is happy to attend your offices for conferences with clients, or conduct them by telephone. Andrew also offers a national advocacy service.

 

 

Testimonials

Testimonials

CPD

For Details of Andrew's MBL Seminars in relation to :

a) Claimant and Defendant Personal Injury Fraud.

b) OL PL and Defective Premises Claims.

c) Maximising Damages and Costs in PI cases

Please go to:

http://www.mblseminars.com/Speaker?SpeakerID=767 for information and booking details.

Courses are run throughout the year.

 

Areas of Law

Andrew Mckie (2011) is happy to accept instructions as counsel who is:

  • Land & Property

Outside of these key areas of law, Andrew Mckie (2011) is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Andrew direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Cases and Publications

J Allen -v- A Mohammed (1) Allianz Insurance (2) (2016) RTAs and actions against insurer/ RTA liability where driver cannot be identified. CC (Birmingham) (Judge Tindal)

Details of Andrew's Personal Injury Books can be found here:-

RTA Allegations of Fraud in a Post-Jackson Era: The Handbook
by Andrew Mckie
ISBN: 978-0-9575530-5-7
Paperback, 120 pages
Published: February 2014
RRP: £69.99

http://www.pibriefupdate.com/content/books

'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie

Published: June 2014
Price: £49.99

http://www.pibriefupdate.com/content/books

'RTA Personal Injury Claims: A Practical Guide Post-Jackson' by Andrew Mckie

Published: February 2015
Price: £49.99

http://www.pibriefupdate.com/content/books

''RTA Personal Injury Claims: A Practical Guide Post Jackson" - a review by Jonathan Dingle FRSA Barrister 218 Strand London

"There was a moment, just one, two weeks before Sir Rupert published his report, that this reviewer might have saved much of the profession engaged in personal injury law from the slough of despond that is sometimes said to have engulfed it.  I was perambulating along the Strand, towards chambers, when I noticed the eminent pate of Lord Justice Jackson a few paces in front of me, rapidly approaching the pelican crossing on Arundel Street.  I can only believe that he was so weighed by QOWCS that he looked the wrong way and went to step out, gamely, in front of a unstopping and unforgiving taxi.  I grabbed his Lordship and pulled him back from a fate worse than costs budgetting, and the rest is history.

I doubt whether the near-RTA episode lived long in Sir Rupert's fine mind, but, in contrast, Andrew Mckie's usefully little book should serve for many years as an aposite acolyte to RTA practitioners.  It contains almost all the hallmarks of elegant practicality: it is up to date, easy to read, and assembled by an acknowledged master of his trade.  There is both law and practice, regulation and precedent in its pages, presented in a manner that is both simple and effective.  It should have a deserved place on the desks of those working in the field.

The book is designed to be "dipped into" as the author said.  It works well in that regard, although I read it through in one sitting and learned some new jurisprudence I would only have got through such a course.  I would suggest that it is two hours well spent in any practitioner's weekend, train journey, or attempt to avoid the final of Bake Off.    There is much to gain, and the breadth of Mckie's experience shines through.

It is not without flaws: there is the odd (and rare) typo, the best of which invites practitioners to exercise causation rather than caution when dealing with partial admissions by insurers.  Actually, exercising causation is probably what many a technical claims manager needs to brighten their day in central Cardiff, or Newport or Swansea.  But my main criticism, if it can be so described, goes to the lack of an index and of a table of authorities.  The book deserves a second edition in due course and I would invite the author and publisher to make it even more useful by the addition of these two facilitators.  There is so much to access that would be made easier by rear end shunting an index into the work.

Overall, this book is very good value - it is certainly worthwhile tabbing up and using to avoid pitfalls and pooh traps.  I congratulate the author on his practical scholarship and unreservedly commend it, even to those who might now prefer me to have pushed a knight of the realm under the wheels of a Hackney cab." - Jonathan Dingle  24 Aug 15

Gordon Exall also reviews the book in his blog at the following link.

Fees and Feedback

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

Privacy Notice

Fees and Feedback

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Andrew Mckie (2011), have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: mckie@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

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