Benjamin Clayton

Year of Call: 2009
Practice areas:
  • Personal Injury


Overview

Benjamin joined Cobden House in January 2024 from a successful practice set on the Midland’s Circuit. This followed from his practice as a Solicitor-Advocate for a national advocacy firm, where he developed a strong foundation in civil litigation. Having attended in excess of 5000 hearings, he is a robust and pragmatic advocate.

Benjamin represents claimants and defendants, providing him with a balanced view of litigation. He is regularly instructed on a range of matters including applications, directions hearings, costs and case management conferences and trials including those allocated to the multi-track.

Benjamin prides himself on his meticulous preparation and approachable style. He is happy to discuss matters on an informal basis with instructing solicitors and appreciates the benefits of a collaborative approach to litigation.

Expertise

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;

Personal Information

Outside of his practice, when Benjamin is not spending time with his young family, he will usually be found cooking, planning his next travels or with his head in a good book.


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