Michael Nkrumah

Michael Nkrumah

Barrister Leicester
Membership Status: Barrister - Full Member Qualified in 2008
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Specialist in the areas of:

  • Travel / Cross border personal injury
  • General personal injury
  • RTA claims (including those abroad and involving a foreign party)
  • Brexit related enquiries for RTA & travel claims
  • Holiday illness
  • Package tour claims

Michael qualified as a solicitor at a well respected personal injury firm in London in 2011. He brings to the Bar almost 8 years’ post-qualification experience in personal injury litigation. His time in practice has been spent undertaking general personal injury and specialist travel / cross border personal injury work.

He has represented both Claimants and Defendants in personal injury claims on all three tracks, from the small claims track to the multi-track. Michael has acted in claims involving relatively modest injuries, such as short-term whiplash, to those involving serious injuries, including where multiple injury has resulted.

He has an excellent understanding of evidential principles, as well as procedural (including the CPR and pre-action protocols) and substantive law. During his time in practice he has obtained significant advocacy experience in a range of different courts and tribunals. He has appeared as an advocate at numerous CCMCs in the County Court and High Court as well as various interim applications such as applications to strike out, for permission to rely on expert evidence, for trials of preliminary issue (particularly where there is disagreement as to the applicable law) and to challenge jurisdiction.

Michael worked at a highly respected, market leading tier 1 insurance practice for almost 5 ½ years, acting for some of the largest insurers and their policyholders. During this time, he provided support to lawyers of all levels of seniority (mainly with regard to cross border claims) as well as providing support to the team partner with business development. He was account manager for the foreign claims unit of a large insurer, which included assisting with ad hoc queries, providing strategic advice and assisting with maintaining existing and developing new client relationships.

Michael is personable and prides himself on being approachable to claims handlers and lawyers at all levels of seniority. He is happy to discuss matters on an informal basis.

Travel / Cross border personal injury

Michael specialises in travel claims, including:

  • RTAs which have occurred overseas / outside England and Wales
  • RTAs which have occurred inside England and Wales but involving a foreign party
  • Slips and trips abroad
  • Holiday illness claims
  • Package tour claims
  • Skiing accidents
  • Failed / negligent cosmetic surgery abroad

He has acted for several foreign hoteliers, through their public liability insurers, tour operators and foreign insurers, including market leaders in many countries throughout Europe. As such he is aware of commercial sensitivities and the need to balance a robust approach against the need to achieve a commercially sound outcome.

Michael is fully aware of the workings of the Green Card system and the Fourth Motor Insurance Directive scheme. He has advised on the interpretation of both. 

In practice, Michael has gained significant experience of advising on a range of jurisdictional and choice of law issues. He prides himself on being able to give clear, understandable and practical advice to clients on whether claims can be brought in the jurisdiction and on what terms, as well as what system of law applies to the various issues. Michael has won praise from clients for being able to break down complex legal issues and being able to translate the same into plain English.

He has an excellent understanding of all the intricacies of cross border personal injury litigation. Michael’s knowledge in this regard has been described as “encyclopaedic” by one of his key clients. This includes the various procedural rules (such as those relating to service) and substantive law on jurisdiction and choice of law, including the key legislation, for example the Brussels Regulation (recast), Rome II Regulation and the Foreign Limitations Act 1984.

Michael has used his technical knowledge of cross border personal injury litigation to defeat claims and in order to assist clients make successful claims. He has worked closely with clients to assist in bringing proceedings arising from accidents abroad. He has drafted pleadings in a range of cross border personal injury and damage only claims, including most notably a claim for contribution which raised a number of complex issues.

Michael has provided regular training to various leading insurers on a full range of cross border issues. This has included advising foreign insurers on domestic, procedural and substantive law. He spoke at the inaugural foreign claims event of a leading European insurance group, being the only external lawyer to speak from across the group’s European partners.

He has considerable experience in dealing with foreign law experts and is adept at challenging such experts, including by putting Part 35 questions in order to expose flaws in their evidence and to clarify the application of foreign laws. Michael has recently provided evidence of domestic law in Romanian proceedings on instructions of a market leading insurer.

He has experience of dealing with travel / cross border personal injury claims where allegations of fraud have been made and he has previously worked closely with colleagues on cross border fraud issues.

Michael has experience of advising on insurance issues arising from cross border personal injury litigation. For example, Michael has advised insurers and their representatives in respect of their obligations arising from the contract of insurance and the law.

General personal injury

Michael has acted across a full range of personal injury claims, including:

  • RTAs
  • Employers’ liability
  • Public liability
  • Highways accidents
  • Occupiers’ liability
  • Fatal accidents
  • CICA claims
  • MIB claims

He is well versed in advising on issues relating to evidence, merits, tactics, liability and quantum. In addition, he advises and deals with costs issues arising from personal injury litigation.

Michael has expertise in dealing with difficult causation issues, the initial interest in such matters stemming from his study of causation as a student (he has a publication in the Journal of Criminal Law on causation). He has acted on several difficult cases involving significant degenerative conditions and chronic pain cases. 

Michael has dealt with cases where fraud allegations have been raised, including exaggeration, staged accidents, phantom passenger, LSI/LVI and slam on allegations. He has seen these allegations from both sides – claimant and defendant.

He has drafted pleadings in a full range of personal injury actions, including CICA and MIB appeals.

Brexit

Michael has been called upon by various clients to advise on the impact of Brexit on cross border litigation. The advice he has provided includes strategic advice. He has spoken and written on the subject and is well placed to advise on a range of Brexit related issues in connection with claims for personal injury as well as claims for insured and uninsured losses.

Interests

When not working, Michael enjoys spending time with his wife and two young sons. He follows various sports, mainly football, rugby and horse racing. 

An interesting fact about Michael is that he represented the country over 400m at school boy level. He was a keen 400m runner until injury and studies intervened!

Testimonials

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Areas of Law

Michael Nkrumah is happy to accept instructions as counsel who is:

  • Personal Injury
  • Road Traffic
  • Brexit Law
  • Costs
  • Personal Injury
  • Road Traffic

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

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