Zoë Thompson

Insurance Fraud

Zoë has been working for Defendants in the field of insurance fraud for nearly 20 years, during which time she has accumulated a wealth of experience relating to all aspects of this area. She was Head of Nine’s Insurance Fraud team for 5 years before taking up her current role as Head of International Personal Injury.

Zoë’s extensive experience includes the wide range of road traffic fraud, such as complex fraud rings, low velocity impacts and phantom passengers. Zoë advises on the technical points arising from road traffic insurance fraud including breach of contract, utmost good faith and ex turpi causa.

As the market has moved away from the more established road traffic fraud, Zoë has branched out into fraud’s newer arenas, most notably fake and exaggerated holiday sickness claims and public and employers’ liability claims. Her cases have included everything from accident at work fraud rings operated by employees in large companies, fraudsters who create potholes on the highway for the purpose of facilitating false claims and fraud rings based upon falsification of package holiday bookings.

Zoë also deals with the high value fraud associated primarily with section 57 such as cases of malingering and exaggerated injury. She has ample experience of establishing fraud through the use in particular of surveillance and social media evidence.

Zoë also advises major UK insurers, tour operators and employers on strategies to resist fraudulent claims. She has been at the forefront of robust strategies for deterring fraudsters, including contempt of court proceedings, tort of deceit and exemplary damages, post settlement recovery, as well as the use of less well known strategies such as declaratory relief, third party costs orders against accident management companies, solicitors and hire companies and the use of civil injunctions.

Clinical Negligence

Zoë acts for Claimants and Defendants in high value and complex cases. She regularly appears in the High Court and has appeared in the Court of Appeal and the House of Lords. She is known for her effective cross examination of witnesses, in particular expert witnesses and witnesses in cases where dishonestly is alleged. She is also known for her ability to identify issues clearly and concisely and her capacity to complete paperwork swiftly and efficiently.

Zoë is described in the Legal 500 as “tenacious on her feet and understanding of her clients” and in Chambers and Partners as “conscientious and direct”. Zoë’s clients describe her as approachable, very confident, and highly efficient.

Zoë represents both Claimants and Defendants in the full range of clinical negligence claims, including obstetrics and maternal care, failure to diagnose and misdiagnosis, negligent prescription and administration of drugs, pre-surgical and post-operative care, orthopaedic and spinal surgery, cosmetic surgery and dental surgery. Many of the claims that Zoë is involved in have a cross over with her other areas of personal injury practice, including claims with an international element, such as cosmetic surgery abroad and cases in which there are elements of fraud.

Beyond the usual civil litigation in this area, Zoë also undertakes related work including inquests, professional disciplinary matters involving doctors, nurses and midwives, Court of Protection matters, and claims for product liability.

Personal Injury

Zoë acts predominantly for Defendants in a wide range of personal injury litigation. She has a particular expertise in cross-border litigation and dishonest and exaggerated claims. She is the current Head of the Travel and International Personal Injury Law Group, having taken on this role recently after 5 years as Head of the Insurance Fraud Group.

Zoë’s cross border practice involves advising on jurisdiction and applicable law, direct actions against insurers, claims for accidents at sea and in the air and claims under the Package Travel Regulations, including large group actions. She is regularly instructed by the UK’s largest tour operators in high value claims as well as providing advice on strategic direction.

Zoe has experience across a broad spectrum of personal injury claims including all types of employer’s liability, public liability, clinical negligence, serious road traffic accident and industrial disease cases.  Zoe’s practice includes advising in sensitive cases involving individuals with disability and reduced mental capacity arising out of injury.

Zoë is regularly instructed by insurers in particular on cases that involve issues of fraud and conscious exaggeration. She has been at the forefront of the development of policies and tactics to tackle fraud rings, including tort of deceit claims, civil contempt proceedings, declaratory relief and more recently the use of civil injunctions.

Zoë is known for her effective and robust trial advocacy. She also has a proven track record in appellate advocacy and has conducted numerous appeals at all levels, including in the House of Lords. Zoë’s clients describe her approach as approachable, confident and highly efficient.

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Associations
Personal Injury Law Bar Association

Profile
Zoe specialises in a broad range of personal injury litigation, including employers' liability, public liability, industrial disease, travel law, and road traffic accidents. She acts for Claimants and Defendants in predominantly high value cases which involve complex factual disputes and opposing expert evidence. She is Head of the 9 St John Street Insurance Fraud Group and has a particular interest in claims involving exaggeration and dishonesty, having been involved in leading appellate and first instance cases for insurers involving allegations of fraud.

Zoë is known for her effective and robust trial advocacy, in particular her cross examination of witnesses . She also has a proven track record in appellate advocacy and has conducted numerous appeals at all levels, including in the House of Lords and Court of Appeal.

In addition to advocacy, Zoë advises on policy and litigation strategy. She is known for her direct and pragmatic approach to litigation. She is also regularly instructed to negotiate resolutions at joint settlement meetings and mediations.

In addition, part of Zoe's personal injury practice involves individuals with disabled and reduced mental capacity arising out of injury. In recent years, she has expanded her experience of dealing with mental capacity issues to cover Court of Protection work, including Deprivation of Liberty Safeguards, personal welfare applications, serious medical treatment applications and issues relating to the appointment of deputies.

Zoë is described in the Legal 500 as "tenacious on her feet and understanding of her clients" and in Chambers and Partners as "conscientious and direct". Zoë's clients describe her as approachable, confident, and highly efficient.

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<!--Zoë acts for Claimants and Defendants in high value and complex cases. She regularly appears in the High Court and has appeared in the Court of Appeal and the House of Lords. She is known for her effective cross examination of witnesses, in particular expert witnesses and witnesses in cases where dishonestly is alleged. She is also known for her ability to identify issues clearly and concisely and her capacity to complete paperwork swiftly and efficiently.

Zoë is described in the Legal 500 as "tenacious on her feet and understanding of her clients" and by Chambers and Partners as "conscientious and direct".

Zoë's practice covers a variety of areas including employer's liability, occupational disease claims, fatal accidents, abuse cases, product liability, CICA claims, clinical negligence and coroners inquests.

Zoë is instructed by insurers directly and through solicitors to give advice on policy and litigation strategy. She also deals with technical issues surrounding the Road Traffic Act, non disclosure and misrepresentation by the insured, and cases involving the MIB.

In addition, part of Zoe's personal injury practice involves individuals with disabled and reduced mental capacity arising out of injury. In recent years, she has expanded her experience of dealing with mental capacity issues to cover Court of Protection work, including Deprivation of Liberty Safeguards, personal welfare applications, serious medical treatment applications and issues relating to the appointment of deputies.a

Zoë has experience of a wide range of complex matters, including:
- multi trauma and catastrophic injury claims
- conscious/ non conscious exaggeration and chronic pain
- group litigation orders in multi claimant infection cases
- organised insurance fraud rings
- cross border accidents involving jurisdictional issues, including the application of Rome II.

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Travel & International Personal Injury Law

Zoë lived in Canada for 15 years where she developed a strong interest in North American legal systems. She also lectured in European law during her early career at the Bar. This background helped her develop an interest in the international elements of personal injury litigation.

Zoë advises on cross border jurisdiction issues, including applicable law, direct actions against insurers and the MIB, accidents in the air and at sea and claims under the Package Travel Regulations. She regularly represents insurers, hotels and the UK’s leading tour operators in high value cases and advises on strategic direction.

Zoë has been at the forefront of the recent developments in the tour industry’s fight against fraudulent sickness claims, having represented tour operators in numerous cases in which findings of fundamental dishonesty have been made. She has also advised in respect of civil contempt proceedings in this context, including cases involving fraud rings.

Specific examples of cases that Zoë has been involved in include: ski trips to North America involving the enforceability of exclusions clauses; representing  foreign hoteliers in large group actions  in claims brought under the Package Regulations for outbreaks of illness; injuries caused during excursions not booked as part of the package holiday; and serious road traffic accident abroad involving UK nationals.

Zoë is known for her effective and robust trial advocacy. She also has a proven track record in appellate advocacy and has conducted numerous appeals at all levels, including in the House of Lords. Zoë’s clients describe her approach as approachable, confident and highly efficient.

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Profile
Zoë is described by The Legal 500 2011 as being 'tenacious on her feet and understanding of her clients' and by Chambers and Partners 2011 as 'conscientious and direct'. She has substantial experience of advocacy in the High Court as well as in the appellate courts, including the Court of Appeal and the House of Lords.

Zoë lived in Canada for 15 years where she developed a strong interest in North American legal systems. She also lectured part time in European law during her early career at the Bar. This background has helped her develop a practice focusing on claims that involve cross border issues.

Zoë has substantial experience of all areas of travel law, including: advising local authorities on school ski trips to North America and the enforceability of exclusion clauses; representing a foreign hotelier in a claim brought in the High Court under the Package Travel Regulations by over 50 Claimants for cryptosporidium infection spread in a swimming pool in Spain; advising as to the terms of contractual indemnities between tour operators and foreign suppliers; representing Claimants and Defendants in claims arising out of road traffic accidents abroad involving UK nationals; and advising Claimants on injuries arising out of excursions booked whilst on holiday abroad.

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Inquests & Public Inquiries

Zoë has over 20 years’ experience representing bereaved families and other interested persons across a range of sectors, including private companies, clinical practitioners, NHS bodies, private health care providers, government departments, prison services and local authorities. She has appeared in jury inquests as well as claims for judicial review of coroner’s decisions.

Zoë recognises the sensitive nature of the inquest procedure and can draw on her inquisitorial advocacy skills appropriate to the client she is representing. She has experience advising in the entire process, from investigation, disclosure, the need for a jury, anonymity, the ambit of the inquest and the aftermath, including any recommendations and organisational learnings.

Zoë has expertise in medical deaths, deaths arising out of accidents at work (including industrial disease) and road traffic accidents, as these overlap with her main practice in personal injury law and clinical negligence. She can provide expert advice at an early stage to assist clients in establishing the necessary facts to form the foundation of future personal injury claims.

Notable Cases

Zoë has over 24 years experience at the bar, over which time she has litigated a varied array of civil cases. In the field of judicial review, Zoë appeared in the pinnacle homelessness case in the House of Lords of Moran v Manchester City Council [2009] UKHL 36. Following the introduction of the Anti- Social Behaviour Act 2003, she represented many councils in first wave of Court of Appeal cases, including Manchester City Council v Higgins [2005] EWCA Civ 142. In the commercial field, Zoë acted in the Manchester High Court litigation against the banks in respect of unfair relationships and declarations of enforceability, in cases such as Carey v HSBC [2009] EWHC 3417. She previously spent a decade practising employment law and appeared numerous times in employment appeal cases in the EAT and the Court of Appeal. She no longer practices employment law but her experience in this field has led to her being instructed in high value cross over claims in the High Court for stress at work for Claimants and Defendants.

Zoë’s early personal injury practice focused primarily on fraud ring operations, in which she was trial Counsel in cases involving up to 100 accidents that were tried as part of organised rings. She has been at the forefront of civil contempt of court proceedings, tort of deceit proceedings, and declaratory relief proceedings brought by insurers who were defrauded by Claimants. Since the inception of the Criminal Courts and Justice Act 2015, she has secured over 50 findings of fundamental dishonesty at trial, including in respect of road traffic accidents, accidents at work, and travel law claims. She has a particular interest in cases of exaggerated and fraudulent brain injuries and PTSD. She has secured findings of fundamental dishonesty in claims pleaded in excess of a million pounds. Her personal injury related appellate practice includes the landmark case on the use of work equipment in Casson v Hudson [2017] EWCA Civ 125 and Johnson v Warburtons Limited [2014] EWCA Civ 258.

Examples of recent litigated cases include:

• Represented a police force in a claim in which a police officer was injured after a fall from height during the course of a drugs raid.
• Represented a prisoner who suffered life changing injuries after a gang assault whilst serving a custodial sentence.
• Represented a personal trainer after a Claimant suffered severe ophthalmic injuries during the course of using equipment under instruction at a gym.
• Represented multiple Claimants who were injured in a gas explosion at a nuclear site and suffered severe burns and psychiatric injuries.
• Represented a care worker who sued her employer after she was sexually assaulted whilst visiting a service user at his own home.
• Secured a finding of fundamental dishonesty against a Claimant who claimed a half million pound sum after allegedly suffering a traumatic brain injury in a minor road traffic collision.
• Secured a finding of fundamental dishonesty against a Claimant who deliberately amputated his own finger in a machine at work in an attempt to get compensation from his employer.
• Represented a foreign hotelier in a group action pursued by over 50 Claimants who became ill whilst on holiday.
• Represented a UK tour operator in a claim brought by a Claimant who suffered a spinal cord injury after a skiing holiday in America.
• Represented a Claimant who suffered severe lower limb injuries after crashing into a barrier at a go-carting venue.
• Represented one of multiple defendants in a fatal accident liability dispute after a death at work in a bespoke piece of packaging machinery.
• Represented one of the Defendants in an accident at an amusement park in which a child was ejected from a ride at height.

Appointments

Fee-Paid Employment Judge

Associations

Personal Injury Bar Association

Education

LLB, London School of Economics and Political Science

Awards

Blackstone Scholarship (Middle Temple)

Recipient of the Governor General of Canada’s Medal

Prescribed Information

Zoë Thompson is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Zoë Thompson can be found here.

Zoë Thompson’s clerks will happily provide no obligation quotations for all legal services that she provides. Their contact details can be found here. It is most common for Zoë Thompson to undertake Court and Mediation services for a brief fee plus additional refreshers. For advisory work and conferences it is most commonly charged at an hourly rate although fixed rates are available. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Zoë Thompson will typically return paperwork within 14 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.

Zoë Thompson also undertakes Direct Access work. This work is undertaken on a contractual basis agreed between the client and Zoë Thompson’s clerks. This is on fixed fee basis for a specific events such as a conference, advisory work, a hearing with additional hearing days (refreshers) or the drafting of specific documents. All work agreed to be undertaken by Zoë Thompson with the fixed fee cost will be clearly outlined in the direct access contract signed by the client and will be payable in full prior to the commencement of the work.