Benjamin Clayton

Personal Injury

Benjamin regularly provides advice and representation across a wide variety of personal injury matters and has expertise in the following areas:

• Road Traffic Accidents

  Benjamin has extensive experience in respect of disputes in respect of liability, causation, quantum, and costs. Having dealt with claims both within and outside of the portal, he has a good working knowledge of the relevant procedure and appropriate cost regimes.

• Claims involving Fraud and allegations of Fundamental Dishonesty;

  His vast trial experience means that Benjamin can analyse case papers efficiently and effectively, identifying the relevant issues in this area. He has both secured findings of Fundamental Dishonesty for defendants and successfully defended allegations for claimants.

• Credit Hire

  Benjamin has significant experience in dealing with claims involving credit hire and is consequently well-versed in this dynamic and complex area of law. He has represented both claimants and defendants at both disposal hearings and trials. He takes a pragmatic and commercially sensitive approach to ensure that a good outcome is achieved.

• Travel Litigation

  Benjamin has advised and represented both claimants and holiday companies in respect of flight delay claims, claims under the Package Travel Regulations, misrepresentation and breach of contract claims, and holiday sickness claims (including allegations of fundamental dishonesty).

• Employer’s Liability

  Benjamin understands the relevant issues in this area, including getting to the heart of relevant processes and the paperwork essential for a successful outcome.

• Occupiers Liability

  Benjamin has regularly been instructed in respect of such matters, understanding the subtleties in respect of the relevant duty owed; he has provided written advice, drafted pleadings, and advised in conference and representation at hearings.

• Highways Act Claims

  Benjamin has dealt with a large number of claims in this area, including multi-handed claims with complex issues in respect of service and procedure. He can provide solid advice and representation.

He has further extensive experience in respect of:

• Tripping claims;

• Defective premises;

• Public liability;

• Fatal accident claims;

• Low Velocity Impacts;

• Medical negligence;

• Claims involving Psychiatric damage;

• CICA hearings;

Housing

Benjamin has vast experience in respect of the following matters:

• Possession proceedings

• Landlord and Tenant

• Warrants of execution

• Forfeiture

• Disrepair claims

• Tenancy deposits

• Enforcement proceedings

• Committal applications

Alongside his busy court practice where he regularly represents social landlords in respect of possession proceedings, anti-social behaviour injunctions, disrepair claims and committal applications, he has a busy paper practice.

Benjamin receives regular instructions for advice and pleadings including defences, replies and schedules, but is more than happy to discuss matters informally.

As an experienced trial advocate, he has a real strength in cross examination, underpinned by an excellent working knowledge of the civil procedure rules.

Benjamin is well versed with the wide-ranging issues arising out of housing matters, with experience including those relating to the Equality Act 2010, Public Sector Equality Duty, Disability Discrimination and issues relating to capacity.

Benjamin’s approachable and pragmatic style means that he is able to successfully communicate with clients and the opposing side, always seeking to utilise court time as effectively as possible.

Benjamin is particularly suited to housing claims where injuries have been alleged, owing to his complementary personal injury practice and expertise.