Marc Willems QC

Year of Call:
1990
Year of Silk:
2015
Practice Areas:
  • Personal Injury
  • Civil
  • Clinical Negligence
  • Inquests
  • Regulatory
  • A very calm and unflappable silk who is good on his feet.

    Legal 500 (2019)

    • Profile

      Marc specialises in the most serious Personal Injury and Clinical Negligence litigation, with considerable experience of Acquired Brain Damage Claims, Spinal Injuries and very severe orthopaedic injuries including amputation cases. 

      Marc enjoys cases involving complex medical causation issues, detailed factual disputes and legal arguments.  

      He is a significant contributor to Chambers’ programme of seminars and lectures to firms of Solicitors and has contributed to several mock trials including “Brain Injury and the Law” National Conference June 2014. 

      Marc attends numerous Joint Settlement Meetings and Mediations annually on behalf of clients.

      Marc has been invited to speak at PIBA conferences nationally on three occasions. He also contributes to the legal press when invited. 

      Marc has been recognized as a leading practitioner in the national legal directories since 2000.Marc is also instructed in Judicial Review work and Solicitors’ negligence cases. He has drafted many standard terms and conditions and advised on solicitor service agreements. He has acted for solicitors and other Litigation service providers in Insurance disputes.


      Marc appears regularly in the Court of Appeal and he has appeared in the House of Lords and in the Supreme Court (in the case of Dunhill v Burgin on the issue of Capacity to Litigate and the effectiveness of a settlement with a Claimant unknown to lack capacity


      Marc has been sitting as a Recorder since 2006 and sits on Crime and Civil.
      30 of his cases have been reported on Westlaw.UK 

      Marc was appointed as Queens Counsel in 2015.

      In 2015, Marc was enrolled on the list of advocates for St Helena, Ascension and Tristan da Cunha British dependencies.


      Personal Injury

      His work in Personal Injury work has taken him regularly to the Court Of Appeal and twice to the House of Lords and Supreme Court.

      Marc acts for both Claimants and Defendant Insurers in Personal Injury at the highest level. His work involves Fatal Accidents and cases of the utmost severity. Marc has represented Claimants from abroad on several occasions and has helped to set up care regimes and organize disabled friendly accommodation in Latvia, Poland and Greece.


      Clinical Negligence

      Marc acts for Claimants in Clinical Negligence cases. He has substantial experience of dealing with cases of brain damage and paralysis caused by negligent treatment.In both PI and Clinical Negligence he deals with cases from an early stage right through to trial, dealing with Liability issues, Causation and Quantum. He regularly deals with settlements which involve Periodical Payment Orders and matters involving the Court of Protection.


      Inquests

      Over the last 5 years Marc has been involved in three Article 2 Inquests. He represented the family in the Terry Inquest in which a Police Officer was shot dead in a training exercise and he has acted as Counsel to the Inquest on many occasions including a death by Carbon Monoxide poisoning involving 15 Interested Persons and the recent Begley Inquest involving a man who was the subject of forcible restraint and the use of a Taser by the Police. 


      Judicial Review and Solicitors’ negligence cases

      Marc is also instructed in Judicial Review work and Solicitors’ negligence cases. He has drafted many standard terms and conditions and advised on solicitor service agreements, as well as acting for solicitors and other Litigation service providers in Insurance disputes.

      Other

      Marc is a significant contributor to seminars and lectures to firms of Solicitors and has contributed to several mock trials including “Brain Injury and the Law” National Conference June 2014. He has been invited to speak at PIBA conferences nationally on three occasions. He also contributes to the legal press when invited.

      He has been sitting as a Recorder since 2006 and sits on Crime and Civil. 30 of his cases have been reported on Westlaw UK.



    • Testimonial Quotes

      Chambers and Partners 2018 - UK Bar - 2018

      Acts for claimants and defendants alike in heavyweight cases concerning catastrophic brain and spinal injury as well as amputations. He has dealt with many cases involving citizens of foreign countries.
      "He is extremely thorough, forensic and cerebral in his approach." "He grasps issues very quickly and is a really impressive advocate." "He has a very calm and reassuring manner."


      Chambers and Partners 2017 - UK Bar - 2017

      Acts for claimants and defendants alike in heavyweight cases concerning catastrophic brain and spinal injury as well as amputations. He receives praise for his technical skills and his highly cerebral approach.

      Strengths "He is very considered, and he has the ability to think outside the box. He's also very empathetic which is good for the clients." 


      Legal 500 2018

      A very calm and unflappable silk who is good on his feet.


      Legal 500 - 2017

      "He combines a razor sharp legal mind, formidable advocacy and a great client manner"


      Legal 500 - 2016 

      "Marc Willems receives client commendation as an effective junior for Claimants"


      Legal 500 - 2015 

      "Marc Willems, handles numerous high value claims".


      Chambers and Partners - UK Bar - 2015 

      "Focuses on brain and spinal injury cases on behalf of both claimants and defendants. He is frequently singled out for praise by both solicitors and fellow counsel for his excellent advocacy skills.  
Strengths: He has a very eloquent style of advocacy, provides sound tactical advice, and has a fantastic manner with clients and a genuine commitment to doing the best for them."


      Chambers and Partners 

      "Marc Willems, is highly thought of by peers and clients alike, who variously describe him as possessing "an incredibly sharp intellect" and a "highly effective negotiation technique".


      Chambers and Partners 

      "He is highly recommended for his abilities in negotiation and in Court".
      Expertise: "He is tenacious and very committed even in the most challenging cases.  He is a tough negotiator, ready to go to trial when needed, with very good attention to detail and great client care skills".  "He is very calm and persuasive in front of a Court".


    • Notable Cases

      Dimond v Lovell  HL [2000] 2 WLR 1121
      Consumer Credit, consequential   loss and mitigation, House of Lords.

      Donachie v The Chief Constable of the Greater Manchester Police (2004) CA EWCA Civ 405
      Primary victims, tort, personal injury

      Tinsley v Sarkar (2004)  EWCA Civ 808. CA      
      Interim Payments when S117 MHA applies

      Tinsley v Sarkar [2005] EWHC 192 (QB)

      Damages when Claimant released from Section and LA has duty to provide supprt under S117 of MHA  1983

      King v Daltry (2003) EWCA Civ 808 CA

      Costs conditions on Appeal and  Consumer Credit

      Mitchell v Royal Liverpool and Broadgreen University Hospitals NHS Trust

      Provisional Damages and definition of material risk

      Hamilton v O'Kane [2009] CA EWCA Civ 931

      Apportionment; Joint liability; Road traffic accidents

      Yetkin v Mahmood and another: CA [2011] Q.B. 827

      Duty of care; Highway authorities' powers and duties; Pedestrian crossings

      Harvey v Motor Insurers' Bureau: Queen's Bench Division (Mercantile  Court) (Manchester) 21 December 2011

      Arbitration appeals; Arbitrators; Decisions; Findings of fact; Findings of law; Permission to appeal; Personal injury; Road traffic accidents; Untraced drivers

      Birch v Paulson [2012] EWCA Civ 487 Court of Appeal

      Road Traffic accidents and foreseeability 


      Inquest: Elizabeth Kerr. Counsel to the inquest 3 weeks: 15 Parties: Article 2


      Dunhill v Burgin Supreme Court [2014] 1 W.L.R. 933 Capacity to litigate and the effectiveness of a settlement with a party unknown to lack capacity

      Inquest: Soran Aziz. Counsel to the Inquest.Corporate manslaughter alleged.


      Inquest: Jordan Begley died whilst being forcibly restrained and subject to a Taser discharge. Counsel to the Inquest: 6 weeks: Article 2


      Beaumont v Ferrer (due in Court of Appeal in 2016) ex turpi causa


      Young v AIG [2015] EWHC 2160 QB. Medical Causation 


      Horner v Norman CA October 2015 Personal Injury, Expert evidence.


      AC & SC v The St Helena Government - Clinical Negligence Litigation against the Government of the South Atlantic British Protected Territory of St Helena - Ongoing


    • Membership

      PIBA

      APIL

    • Qualifications

      BA Law