Matthew Snarr

Insurance Fraud

Matthew is recognised nationally as one of the leading practitioners in the arena of fraud litigation.

Matthew’s practice is concentrated in multi-track litigation. He is adept at handling high value litigation claims exceeding six figure sums. He is frequently instructed in liability disputes at trial where complex cross-examination or technical legal submissions are involved.

Matthew has particular expertise in the following areas:

1. Fundamental Dishonesty
   Matthew is fully conversant with fundamentally dishonest claims and claimants pursuant to s.57 of the Criminal Justice and Courts Act 2015 and CPR 44.16. He is normally instructed to handle high value claims which have been significantly exaggerated often involving surveillance and social media evidence. Matthew is well versed in acting for insurers in serious injury claims predominantly involving traumatic brain injuries, significant psychiatric injuries or substantial orthopaedic (including spinal) injuries which have either been withdrawn or dismissed by reason of substantial dishonesty. He has acted in complex claims where the Claimant is a protected party but either the Claimant or their litigation friend has acted dishonestly. Matthew is increasingly instructed to act in cases involving very serious injury but where the factual origin of the claim is dubious or disputed to the extent that the claim is potentially dishonest.
2. Committal Proceedings for Contempt of Court
   Matthew has acted for insurers in a number of contempt cases concerning false statements under CPR 32.14 and attempts to interfere with the administration of justice by the reporting or presentation of claimants to CPR part 35 medical experts during examinations. Matthew is adept at handling sensitive cases involving high profile individuals who attract the glare of the media. Matthew is well versed in the procedural and substantive law of contempt and is skilled in drafting and bringing applications and/or claims for permission to bring contempt of court proceedings. Matthew has acted in cases concerned with contempt or court by dishonest supporting witnesses.
3. Fraud Rings
   Matthew has been instructed to act in some of the biggest civil litigation fraud rings in the country on behalf of most of the major insurance companies. Matthew acted on behalf of Allianz Insurance plc in Operation Genarch resulting in the conviction of over 25 individuals. A particular sub-specialism of his practice involves tort of deceit actions involving claims for exemplary damages.
4. High Value Claims
   Matthew frequently acts in large loss cases involving exaggeration and a malingering. Such cases include chronic regional pain syndrome, faked psychiatric disorders and dishonest exaggeration of orthopaedic injuries. Matthew is adept at dealing with video evidence disclosure issues and tactical use of medical expert evidence. Matthew is also familiar at handling self-employed loss of earnings claims and loss of business cases where false accounting is an issue.
5. Insurance & Tort Law
   Matthew is often instructed to advise on strategy and policy approaches to developing points of insurance law. He has been instructed to act in disputes between insurers involving principles of subrogation and recoverability of loss. He has acted in actions involving breach of insurance contracts and especially breach of the duty of utmost good faith. He has experience of acting in declaration of non-liability proceedings on behalf of insurers. Matthew successfully argued the application of the doctrine ex turpi causa non oritur damun in the case of Acheampong.
6. Private Criminal Prosecutions
   Matthew has experience of advising in private criminal prosecutions where insurers consider that serious criminal offences have been committed. He is familiar with criminal procedure, the magistrates and crown court in which he appears also in criminal health and safety prosecutions.

Notable Claims

– PB v OI – Committal proceedings relating to a Claimant who specifically hired a wheelchair for the purposes of medical examinations when surveillance evidence demonstrated he had no need for a wheelchair.

– JR v AI – Serious fracture injuries to the Claimant’s tibia and fibula but over reporting of symptoms to medical experts combined with surveillance evidence of pursuit of hobby of drone flying led to the claim being withdrawn on receipt of a Defence drafted by Matthew.

– PB v QE – Serious nerve laceration to rear of leg caused by an industrial gardening strimmer. The Claimant alleged he had injured himself due to poor training but other evidence indicated he was in fact injured by another person working with him for whom the Defendant contented they were not liable. The Claimant had relied on a false set of facts to present a claim of possible merit. The claim was withdrawn following service of a Defence drafted by Matthew.

– SH v CL – Amputation injury to Claimant’s hand where a factual dispute arose as to why he was seeking to repair a piece of machine that he was not competent to. The Defendant denied the Claimant’s case he was instructed by his supervisor to fix the machinery and alleged he was on a frolic of his own. The representation that the supervisor instructed the Claimant was false. The claim settled for a very substantially reduced sum shortly after receipt of the Defence drafted by Matthew.

– Operation D – Claims involving false physiotherapy and psychological therapy charges being invoiced where purportedly genuine personal injury claims were being advanced. Scores of claims were being advanced on this basis by a single firm of solicitors. Matthew secured a substantial order for disclosure and information (in a contested hearing against Leading Counsel) which required a statement by the senior partner explaining the firms’ conduct, mandatory Part 18 requests of all the litigants, statements from the treating medical professionals, disclosure of the original letter of instruction and original copies of medical reports. The solicitor’s firm discontinued all cases (a total of 17) and pay the wasted costs of the Defendant.

– Operation B  – Scores of false claims involving false policies of insurance being incepted at low risk residential addresses at which the policyholder did not actually live. Accidents either did not occur or were staged. The suspected fraud is estimated to be more than £2M. It is one of the largest rings to which a major insurer has ever been exposed. Matthew settled the Defence to numerous claims. Most of the claims have either not been pursued or discontinued. A small handful of claims currently remain before the Courts and are due for trial.

– Smyly Acheampong v Allied Manufacturing (London) Limited [2008] Central London County Court – Acted for the successful party in arguing that a large credit hire claim ought to be disallowed on the basis of anticipated illegal conduct in the future.

Publications

– Intoxication and Inebriation: Another Late Night – Journal of Personal Injury Law 2015 (Issue 2)
– We Need To Talk About Katie’ Personal Injury Brief Update Law Journal Dec 2012 (with Michael Lemmy)
– ‘Lights out for Excitement’ New Law Journal 25.02.11
– ‘Jelic v CC S.Yorks – ELA Briefing 01.10.10
– ‘Financially Entwined’ New Law Journal 13.08.10
– ‘Crash course in LVI claims’ New Law Journal 27.01.06 (with Boyd Morwood)
– ‘Proving it in Reverse’ New Law Journal 13.03.09 (with Tim Horlock KC)
– ‘Restoring Disorder’ New Law Journal 08.12.06 (with Boyd Morwood)

Matthew was a guest speaker at the POST Fraud Conference 2010 on the topic of ‘Tackling fraud through the civil and criminal courts’.

Regulatory and Professional Discipline

Matthew Snarr is very experienced in the field of health and safety law and is regularly instructed in serious matters arising within the transport, healthcare, prison, security and construction sectors.

Examples of cases in which Matthew has acted are:

– Deaths on building sites due to falling from scaffolding, buildings collapsing, electrocution and gas inhalation.
– Serious injuries and deaths on fragile roofs (multiple cases) with consideration of all relevant equipment / PPE solutions.
– Deaths in care homes due to falls, asphyxiation, wrong medication and gastric tube provision.
– Suicides in prisons (multiple cases).
– Road traffic accidents serious injuries and deaths (including motorcycles, lorries, cyclists). Matthew is very familiar with accident reconstruction expert evidence.
– Deaths due to restraint (positional asphyxiation) including in a nightclub and hospital environment with police involvement.

His knowledge of this area stems from his well developed personal injury practice which regularly concerns breaches of statutory legislation in an industrial context. Matthew is conversant with the handling of costs arguments in the criminal courts.

Matthew is very familiar with the Sentencing Council’s Definitive Guidelines for Corporate Manslaughter and Health & Safety Offences.

Matthew’s practice in the field of health and safety laws extends to acting both for the Health and Safety Executive as well as Defendant companies or individuals. Matthew has experience of prosecuting and defending complicated sentences in the Crown Court and the Magistrates’ Court.

Matthew’s regulatory practice extends to acting in difficult inquests ranging from multiple fatalities in road traffic accidents to death in custody to fatal injuries at work. His Coroners Court trial experience covers the full spectrum of work from judicial review applications to multi-day jury trials.

Notable Cases

– CW v SPM [2019] – Advising multi national company on its liability for alleged breaches s.65 of the New Roads and Street Works Act 2019 by sub contractors.

– Inquest into the death of John McDonagh [2017] – Inquest concerning a young boy who died after being crushed by a large metal gate which formed access to the car park of a block of private flats. Extensive consideration of design and safety features of the gate and responsibility for maintenance of the same.

– Inquest into the death of Keith Greatrix [2017] – Inquest concerning a farmer who was crushed to death by a collapsing wall during the construction of a barn.

– HSE v AES (Roofing) Limited [2016] Worcester Crown Court – Successful appeal against Magistrates’ fine of £66,000 for a fall through a skylight by the Defendant’s employee reduced to £7,333 with 3 years to pay. Considerations involved the correct

consideration of whether the culpability fell far short or not. On appeal the Court accepted that this was a case of medium culpability with a medium risk of harm.

– R (Shropshire CC) v CC Ltd [2016] Shropshire Crown Court – Plea in mitigation using the Sentencing Council’s Health and Safety Guidelines in respect of an unlawful killing of a resident in a care home who choked to death on a bed lever. Matthew was able to secure a modest fine just under £8,000 after appropriate applications of the guidelines, significant mitigation and the Court’s understanding of the charitable nature of the care home.

– Inquest into the death of Elsie Meier [2016] – Death of elderly lady with consideration of the standards of care required for the treatment of friction and pressure sores and the medical causation impact on death.

– HSE v M & B.S.H. Ltd [2013]
Matthew acted on behalf of two Defendants, a skip hire company and its managing director, both charged with causing the death of an employee due to breaches of health and safety law. An untrained employee was permitted to drive a skid steer loader with multiple mechanical defects that contributed to a crash causing the employee’s death.
The case was complicated by allegations that the Defendants had cut corners to save profit and the deceased employee was a vulnerable person because he was an asylum seeker.
The managing director was charged in a personal capacity and faced a jail sentence. Matthew was able to persuade the Court, on entering a guilty plea, to only impose a sentence of 160 hours community service. The company was fined £60,000 notwithstanding a finding that it significantly contributed to the death.

– Inquest in the death of Matthew Nixon [2013]
A gas maintenance engineer died whilst working inside a void flat whilst using a portable generator powered by diesel fuel.
Issues covered involved expert engineering evidence on the spread of carbon monoxide and lone workers policy.
http://www.stokesentinel.co.uk/Fumes-flat-killed-Talke-gas-fitter-Matthew-Nixon/story-17938321-detail/story.html

–  HSE v (1) PT (2) CHL Ltd [2013]
Large scale HSE prosecution of Chestnut and its site manager, Mr T involving accident on scaffolding causing death. The case involved a bricklayer who fell of the edge of some scaffolding and died as a result.
The case lasted 2 years. Matthew appeared alone at the Coroner’s Inquest, all the criminal case management hearings and was the junior, led by Chris Kennedy KC, for the two week scheduled trial.
The case involved complex arguments between experts on the suitability of the scaffolding structures, auditing procedures and delegation of duties to the site manager.
Upon the site manger pleading guilty and accepting his actions were a causative factor in the death of the bricklayer on the 1st day of the trial, CHL Ltd were able plead to breach of duty without causing death and received fine of £40,000.http://www.thisislincolnshire.co.uk/Justin-Gillman-tragedy-accident-waiting-happen/story-19776075-detail/story.html#axzz2nIWCJAGG

– Inquest into the death of Colm Glackin [2013]
Matthew represented the family of a young doctor killed when he was cycling and was run over by a lorry turning left.
As a result of the evidence the Coroner concluded in his summing up that Mr Glackin died of a road traffic collision and that the lorry driver had failed to notice Mr Glackin in his left side mirror before turning left.
http://www.manchestereveningnews.co.uk/news/greater-manchester-news/court-tears-truck-tragedy-driver-6227330

– R v (1) SN (2) BN [2013]
Representing two partners in a family run care home business both charged in an individual capacity.
The Deceased was a care resident who took a lift into a basement and died when she fell downstairs trying to leave the basement. The case was complicated because the Deceased had previous reported similar incidents.
Matthew persuaded the Magistrates Court to deal with the matter who imposed a fine of £37,000 fine after guilty pleas.
http://www.crosbyherald.co.uk/news/crosby-news/2013/04/04/blundellsands-care-home-death-sparks-lift-safety-probe-68459-33112770/

– Inquest into death of Ann Johnson [2012]
Matthew was instructed to represent a nurse allegedly responsible for the overfeeding of a patient in a nursing home potentially causing her to choke and eventually die of pneumonia aspiration via a peg tube feed into the patient’s stomach.
The inquest lasted 3 days. The case involved complex medical causation arguments and cross-examination of two expert forensic pathologists.

– Inquest into the death of Julian Webster [2011]
Matthew was instructed to represent the interests of the Greater Manchester Police at a 10 day inquest. The GMP did not feature in the final verdict. The case involved issues of potential unlawful restraint by the doormen of a nightclub and unintentional positional asphyxia.
http://www.manchestereveningnews.co.uk/news/greater-manchester-news/deadly-combination-killed-clubber-julian-688776

– HSE v IA [2011]
Matthew acted for the Defendant, charged in a personal capacity, in the Magistrates Court. He provided the plea in mitigation for company guilty of faulty scaffolding leading to serious injuries to worker who fell from the scaffolding.

– HSE v MP [2011]
Matthew acted for the Defendant company prosecuted for letting a worker use an unguarded blending machine resulting in him losing his hand.

– HSE v MHS [2011]
Matthew acted for the Defendant company prosecuted by the HSE for letting a worker use anband saw without a guard resulting in the loss of his fingers.

– HSE v IAC Ltd [2011]
Consett Magistrates’ Court, instructed to act on behalf of a construction firm charged with a breach of s.2 of HSWA leading to serious injuries to the complainant following a fall from scaffolding.

– Pembrokshire CC v A restaurant [2010]
Haversford West Magistrates’ Court, instructed to present plea in mitigation on behalf of a restaurant business relating to admitted multiple breaches of food hygiene legislation and gas safety offences.

– Traffic Commissioner v SSS Ltd [2010]
Instructed to represent a company at a public inquiry to defend its operator’s license to continue its haulage business after an inspection by VOSA. The company successfully retained its haulage license.

– HSE v JHS Group [2009]
Ormskirk Magistrates’ Court, instructed on behalf of two partners prosecuted under s.2 of HSWA in respect of an accident in which the injured party fell from scaffolding at height resulting in a fractured neck.

– HSE v The Elliot Group [2009]
Welshpool Magistrates. Court, acted as junior counsel on behalf the Defendant facing charges under s.2 and s.3 of HSWA arising out of a fatal accident. Prosecution case discontinued after 3 days, successfully resulting in not guilty verdicts and defendant costs orders.

– R (on the application of Bodycote HIP Ltd) v HM Coroner for Herefordshire [2008] EWHC 164 (Admin)
Matthew was instructed as junior counsel with Tim Horlock KC in a successful judicial review action concerning a jury’s finding of unlawful killing by gross negligence against a company. The judicial review concerned argument on the legal framework of corporate manslaughter.

– HSE v Airbags International Limited [2008]
Chester Crown Court, instructed on behalf of HSE to present prosecution sentence against a Defendant company responsible for failings under s.2 of HSWA resulting in amputation of employee’s arm.

– HSE v Edbro Machine Tools Limited [2008]
Stafford Magistrates’ Court, instructed on behalf of manufacturing company to mitigate sentence for admitted breaches under Supply of Machinery (Safety) Regulations 1992.

Publications

‘Proving it in reverse’ New Law Journal 13th March 2009 p390-392 , co-author of legal article on the ramifications of R v Chargot [2008] UKHL 73.

Matthew regularly presents seminars on topical issues in health and safety law.

Occupational Disease

Matthew’s personal injury practice is concentrated in multi-track litigation. He is adept at handling high value claims exceeding six figure sums and is instructed in cases exceeding £1 million. His work is split evenly between claimants and defendants.

Matthew is a trial lawyer. He is frequently instructed in liability disputes at trial where complex cross-examination or technical legal submissions are involved. Matthew is regularly instructed to attend joint settlement meetings to negotiate large loss quantum disputes.

He has particular expertise in the following areas:-
1. Brain Injury – cases requiring significant care regimes, periodical payments and accommodation claims.
2. Clinical Negligence – inept surgery, failed vasectomy, finger tendon repair, breast surgery, knee surgery and fatalities consequent upon inadequate nursing care.
3. Fatal Accidents – complex business valuations, family disputes over dependency claims and high value financial dependency claims.
4. Industrial Disease – the full spectrum including asbestos exposure, HAVS, dermatitis, occupational asthma, dermatitis and repetitive strain injuries.
5. Large Loss – contentious disputes concerning the medical expert evidence over causation and prognosis where the future earning capacity and/or care requirements of a badly injured person are in dispute.

Matthew advises and acts in high value, serious fraud proceedings particularly organised rings of fraudulent individuals and institutions often with a value exceeding £1 million. He also acts in cases involving malingering and false accounting.

He is fully conversant with insurance law principles and acts in claims for breach of insurance contracts frequently in cases involving breach of the utmost good faith.

Industrial Disease Expertise

Recent Cases

– Acting on behalf of a hospital porter who contracted permanent, severe dermatitis by exposure to airborne microorganisms.
– Acting on behalf of a domestic working in a hospital who developed occupational dermatitis due to exposure to irritant cleaning chemicals.
– Acting on behalf of a road worker who was employed by a local authority all his life working in the highways department who developed HAVS and Carpel Tunnel Syndrome.
– Acting on behalf of a sheet metal worker who suffered shoulder injuries as consequence of heavy and repetitive metal fabrication work.
– Acting for a machine worker who developed irritant dermatitis following exposure to industrial denatured alcohol.

Notable Past Cases

– Advising widow of Deceased worker who died of lung cancer caused by asbestos.
– Acting on behalf of machine operator who contracted occupational asthma inhaling Toluene Di-Isocyanate (TDI) fumes. Liability experts instructed by both sides.
– Acting on behalf of three road workers who all contracted permanent HAVS whilst working for a multi-national construction company. All claims resulted in favorable settlements. Consultant Vascular Surgeons instructed on both sides in all three claims. One of the claims settled for £145,000 after an initial first offer of £6,000.
– Acting on behalf of a forklift truck driver who developed HAVS and Carpel Tunnel Syndrome using power saws. Consultant Orthopaedic Surgeons instructed on both sides.

Additional Information

Matthew regularly authors articles on matters relating to personal injury law. A sample of his most recent articles are:
– ‘We Need to Talk About Katie’ – PIBULJ December 2012
– ‘Lights Out for Excitement’ – NLJ February 2011
– ‘Financially Entwined’ – NLJ August 2010

Matthew is experienced in public inquiry work having worked on the first phase of the Shipman Inquiry.

Matthew enjoys mountain biking, skiing, trail running, five-a-side football and pretending to be a disc jockey.

Clinical Negligence

Matthew’s personal injury practice is concentrated in multi-track litigation. He is adept at handling high value litigation in claims exceeding six figure sums and is instructed in cases exceeding £1 million. His work is split evenly between claimants and defendants.

Matthew is a trial lawyer. He is frequently instructed in liability disputes at trial where complex cross examination or technical legal submissions are involved. Matthew is regularly instructed to attend joint settlement meetings to negotiate large loss quantum disputes.

He has particular expertise in the following areas:
1. Brain damage cases requiring significant care regimes, periodical payments and accommodation claims.
2. Clinical negligence claims arising out of inept surgery; failed vasectomy, finger tendon repair, breast surgery, knee surgery and fatality consequent upon inadequate nursing care.
3. Fatal Accident Act cases including dependency claims.
4. Industrial Disease litigation covering the full spectrum including asbestos exposure, HAVS, dermatitis and repetitive strain injuries.
5. High value disputes in medical evidence concerning the future earning capacity of badly injured claimants.

Matthew advises and acts in high value, serious fraud proceedings particularly organised rings of fraudulent individuals and institutions often with a value exceeding £1 million. He also acts in cases involving malingering and false accounting.

Clinical Negligence Experience:

Current Cases

–    Acting for a lady who developed a serious infection following a novasure ablation procedure which was overlooked by her GP who failed to prescribe broad spectrum antibiotics leading to a severe womb infection.  A consultant Gynaecologist subsequently carried out an unnecessary total hysterectomy and bilateral oophorectomy leading to significant surgical complications causing internal organ damage. This necessitated over 18 additional surgical procedures including major internal reconstruction surgery leading to permanent impaired bowel (with a colostomy), bladder and kidney function. Consequential life expectancy and provisional damages issues are engaged requiring a periodical payment order.

–    Acting for a teenage boy who attended hospital with a septic appendix requiring emergency surgery where the abdominal wound closure was substandard leading to a burst abdomen and a ‘cheese wiring’ effect into the small bowel perforating the same. This caused damage to the small bowel and necessitated a temporary stoma, several additional surgeries and a prolonged admission in hospital because the patient could not absorb his nutritional intake until a PICA line was inserted and eventual closure of the jejumostomy (providing access to the stoma) together with limited resection of the small bowel leading to permanent consequences of abdominal scarring and weakness and future risks of hernia and bowel adhesions.

Notable Past Cases

–     Acting for a lady who was suffering from a centrally prolapsed L4/5 disc giving rise to symptoms of Cauda Equina Syndrome which were missed by her physiotherapist. Listed for 3 day trial on breach of duty and causation. Defendant put all issues in dispute but a settlement of £241,14.92 was achieved
–    Advising Mother of deceased new born who died of Group B Streptococcus (GBS) leading to sepsis on the cause of death death of her baby son and her position as a primary / secondary victim.
–    Acting for a man who underwent a knee replacement but was prescribed post operative antibiotics for too short a period leading to MRSA infection of the knee and an above knee leg amputation. Matthew dealt with liability arguments alone and settled the final Schedule of Loss alone. Settled for £1.35M. With Tim Horlock KC
–    Acting on behalf of Claimant in breast operation in which the operating surgeon failed to advise on risk of infection. Gregg v Scott type claim.
–    Acting in case where A&E surgeon is alleged to have failed to identify a severed tendon on examination resulting in failure to operate on the hand until post-optimal date leading to incomplete recovery and disability in hand.
–    Acting on behalf of Claimant with Crohn’s disease regarding inadequate treatment upon repeated admission to hospital leading to urgent surgery to remove infected section of small intestine.
–    Acting on behalf of family of elderly lady given inappropriate care regarding existing ulcer sores and blood infection leading to her death. Case involved recommendations made by the Health Ombudsman.
–    Acting on behalf of Defendant optician who failed to identify increased glaucoma in the eyes of diabetic patient leading to patient becoming blind.

Publications

Intoxication and Inebriation: Another Late Night – Journal of Personal Injury Law [2015] No.2 pages 84-90 with Chris Kennedy KC.
We Need To Talk About Katie’ Personal Injury Brief Update Law Journal Dec 2012 (with Michael Lemmy)
‘Lights out for Excitement’ New Law Journal 25.02.11
‘Jelic v CC S.Yorks – ELA Briefing 01.10.10
‘Financially Entwined’ New Law Journal 13.08.10
‘Crash course in LVI claims’ New Law Journal 27.01.06 (with Boyd Morwood)
‘Proving it in Reverse’ New Law Journal 13.03.09 (with Tim Horlock KC)
‘Restoring Disorder’ New Law Journal 08.12.06 (with Boyd Morwood)

Additional Information

Matthew is experienced in public inquiry work having worked on the 1st phase of the Shipman Inquiry.

Matthew was a member of the British Debate Squad acting as an overseas debate coach in 2002. Matthew and his debating partner won the European Debating Championships 2001 and were ranked 6th at the World Debating Championships 2002.

Personal Injury

Matthew specialises in litigating catastrophic injury and large loss personal injury claims. Most of his instructions involve damages claims where awards are made or settlements achieved of between £1m – £10m. He is frequently instructed alone against Leading Counsel. He works with Leading Counsel in cases of the utmost complexity or where there is a significant legal principle at stake. He maintains a balanced practice of acting for both claimants and defendants thereby maintaining independence and objectivity.

He is particularly experienced in injuries or deaths occurring within the transport, healthcare, prison, security and construction sectors. He is often instructed to appear in the Coroner’s Court in these sectors including deaths occasioned by suicide and self neglect. Matthew has experience of acting in health and safety crime prosecutions in the criminal courts.

Liability

Matthew is a trial lawyer. He is frequently instructed in liability disputes at trial where clinical cross-examination or technical legal submissions are required. Examples of topics covered in cases which Matthew has litigated are:

– Ladder falls and work at heights accidents;

– Road traffic accident reconstruction expert evidence (especially involving children and bicycle helmets);

– Technical motor liability disputes concerning insurance cover, criminal activity, the purpose of use of a motor vehicle and the interpretation of the Road Traffic Act 1988;

– Alcohol and drug toxicity arguments in both motor and EL/PL claims;

– Claims involving defective work equipment with a metallurgic element;

– Stress and psychiatric injury claims resulting in suicide;

– Disputes regarding the training of employee’s safe use of heavy or dangerous machinery leading to fatality or amputation injury;

Quantum

Matthew is an adept negotiator and is regularly instructed to attend joint settlement meetings to negotiate large loss quantum disputes.

Matthew has particular expertise in quantum and causation disputes in the following areas:

1. Spinal cord injury cases (complete and incomplete) involving paraplegic and tetraplegic injuries with consideration of care and case management regimes, periodical payment orders, CCG and local authority funding, short life expectancy and syrinx complications.

2. Acquired brain injury cases (child and adult) including subtle brain injuries as well as severe brain injuries giving rise to consideration of capacity, frontal lobe syndrome, dysexecutive syndrome, post concussional syndrome, substantial care regimes (institutional and domestic), periodical payments, deputyship and accommodation claims.

3. Amputation claims (traumatic, surgical, elective and revisionary) involving both below and above knee amputations, arm amputations up to the shoulder joint (including brachial plexus injuries) and total hand/foot amputations.

4. Fatal Accident cases including high value or complicated financial as well as lost parental services claims, accident reconstruction evidence and representation at Inquests with expertise in coronial law.

5. Chronic Pain. The full spectrum of pain cases including CRPS Types I and II, neuralgic pain, nociceptive pain, myofascial pain, fibromyalgia, somatoform pain disorders, perceived injustice, factitious disorders, and pain conditions involving treatment by spinal cord stimulator. Matthew has particular expertise in cases involving injured parties who are wheelchair bound.

6. Fundamental Dishonesty concerning TBI, serious orthopaedic and psychiatric injury where there is a dispute over the honesty of the claim advanced usually involving surveillance and social media evidence but also including false accounting claims. Matthew is sometimes instructed in cases where there is a significant dispute concerning the circumstances of the accident, leading to allegations that the entire claim is fundamentally dishonest.

Recent Trials

– Shaw v Wilde [2024] High Court in Manchester. Led by Chris Kennedy KC in 10 day fundamental dishonesty case involving the dismissal of a claim for £6.47M damages where the Claimant suffered severe orthopaedic injuries with a genuine value of £1.2M. This is the largest recorded case of fundamental dishonesty to date. Matthew cross examined the Claimant’s Mother and base jumping friends as well as the upper and lower limb orthopaedic surgeons. He prepared and delievered the submissions on causation and quantum as well as assisting on the forensic and legal arguments on fundamental dishonesty and substantial injustice. Click here to download judgment.

– Jones v Persimmon Homes and Macob Scaffolding [2023] High Court in Cardiff. 3 day liability trial concerning a site operative who fell at height from a ladder attached to scaffolding. The liability dispute turned on the use of double scaffold clips, the pitch of the ladder, the use of a baseboard and the Claimant’s use of the ladder. Experts were involved by all parties. Judgment awaited.

– Lewin v Gray [2023] EWHC 112 (KB) – Acted for a Claimant builder who suffered a spinal cord injury when he fell through a fragile roof undertaking construction work on a barn.  The claim centred around arguments over whether the Defendant, farmer client, owed a duty of care in negligence equivalent to the duty of care imposed upon him by the criminal law under the CDM Regulations 2015, Section 4. See https://www.bailii.org/ew/cases/EWHC/KB/2023/112.html

– AB v MH [2023] – Acted for the Defendant in successfully establishing a finding under CPR 44.16(1) after a 6 day trial that the Claimant had advanced a fundamentally dishonest tripping claim involving false witnesses as to the alleged accident, untrue/exaggerated injuries (demonstrated partly through surveillance) and a dishonest (high value) loss of earnings claim.

– NS v AH [2023] – Acted for the Defendant in maintaining a defence of fundamental dishonesty concerning a Claimant who suffered initially significant injuries in a high-speed road traffic collision but who subsequently recovered and took part in a semi-professional Muay Thai kickboxing fight. The Claimant continued to complain of unremitting chronic pain and psychiatric sequalae. She emigrated to Australia where surveillance was conducted and the Defendant instructing medical experts in Australia who attended a hybrid trial.  The Claimant discontinued her claim after 2 days cross-examination with the contribution of a four-figure sum to the Defendant’s costs.

– ET v CE [2022] – The Claimant fell from a partially dismantled scaffold tower with no handrail suffering a traumatic brain injury.  The case was defended on the basis that the Claimant had been inducted on site on a “Scaff Tag” system which was an industry standard system and he knew not to use equipment without checking first with the site manager.  He should not have used the tower in an unsafe state. The Trial Judge found that the Claimant had been using the unsafe scaffolding for a period of at least 1.5 hours which must have been seen by the Defendant but that overall the Claimant bore a greater share of the blame overall because he knew not to use the scaffold tower without side rails because he knew using the scaffold tower without side rails was dangerous and that he ought to have checked with the site manager before using the equipment especially because it belonged to another contractor. The Claimant was found to have contributed 60% to his accident. Matthew appeared on behalf of the Defendant against Leading Counsel acting for the Claimant.

Notable Appeals

– Campbell v Advantage Insurance [2021] EWCA Civ 1698 – Acted for the successful party upholding judgment at 1st instance. The appeal concerned the applicability of Owens v Brimmell [1977] QB 859 to an inebriated, severely injured passenger. Issues covered in the appeal were (1) the applicability of the MCA 2005 to D’s burden of proof in alleging contributory negligence (2) the permissible range of factual inferences (3) the objective standard of contributory negligence (4) whether a finding of 20% ought to be reduced.

– Andrew Bond v Tom Croft (Bolton) Limited [2018] EWHC 1290 (QB) – Successfully upheld the 1st instance judgment of HHJ Main KC before Morris J in the trial of the matter cited below. Morris J held that the Claimant’s criticisms of the Defendant’s expert were not valid, the Claimant retained the burden of proof to prove the cause of the defect in the ladder in circumstances where it was alleged that he was at fault and that HHJ Main KC was entitled to prefer the Defendant’s evidence.

Notable Liability Trials

– SH v SC – Acted for Claimant in a three day trial in a novel highway injury claim concerning the safety of a worn set of metal nosings on an external staircase with a sub optimal handrail. Safety experts attending trial on both sides.

– SA v SC & AV – Acted for Defendant in two day trial concerning a running down case of a young girl where an issue in dispute was whether her Mother waved her across the road from inside her motorcar before she was struck by another motorist and whether this amounted to ‘use of a motor vehicle’ within s.145(3) of the RTA 1988.

– MM v MZ – Successfully defended a motorist who collided with a pedestrian on a high street in Bradford. The Claimant suffered a severe TBI and lacked capacity. The accident was seen by an alleged independent witness who supported the Claimant’s case. Matthew persuaded the Court after cross examination that the independent witnesses account was unreliable and that the damage to the motorcar showed the Claimant had regrettably stepped off the kerb directly into the front nearside wing of the Defendant’s motorcar without looking.

– IG v JCG – Successfully defended local gym against allegation that the owner distracted a student during a Muay Thai boxing session by turning on a loud television in his visual field causing him to be distracted and struck by a punch bag resulting in a dissected carotid artery causing a significant stroke with severe long term neurological consequences. The case involved sensitive cross examination of the Claimant who suffered from significant expressive and receptive dysphasia.

– PH v RBL – Successfully defended employer against allegation that the Claimant fell from a ladder whilst undertaking voluntary work causing him to later suffer a dissected carotid artery and serious stroke. The trial lasted for two days of cross-examination by Matthew after which the Claimant discontinued.

– PM v WCC – Successfully defended employer against allegation that head teacher was allowed to return to work prematurely resulting in her suicide on school premises during teacher training day. The case concerned issues of reasonably foreseeability of the Claimant’s psychiatric presentation with opposing psychiatric experts.

– AB v TCL – Successfully defended employer in a serious TBI case against allegation that the leg of a step ladder suddenly snapped because it was defective and persuaded the Court that the Claimant caused the ladder to fail through misuse. The case concerned cross examination of the Claimant who was the only witness to the accident and opposing engineering expert evidence.

Notable Quantum Cases acting alone

– SB v MIB – Serious RTA collision resulting in leg fractures, spinal fractures and an alleged incomplete spinal cord injury to the conus medullaris resulting in impaired leg use, chronic pain and bladder dysfunction. Controversial causation arguments as no frank spinal cord injury identified on the various neuro-radiological scans. Pleaded at £3.4M settled for £700k net of a 35% contributory negligence (drugs/seatbelt) and £50k of CRU discount. Matthew acted for the Defendant.

– BS v BM – Serious TBI claim concerning a young man who was injured as pedestrian in an RTA. Liability was agreed and approved in the proportion of 60:40 in C’s favour. Quantum was complex involving arguments about whether C’s post traumatic psychosis was TBI related or a constitutional condition (schizophrenia) and disputes over capacity and local authority funding for the care regime. The case was settled for £5.5M gross or £3.3M net of liability. Matthew acted alone for the Claimant against Leading Counsel.

– RPX v HB – Serious TBI claim concerning a young man who was injured as a pedestrian in an RTA.  Liability was denied by the Defendant who also alleged contributory negligence in the alternative.  The Defendant contested the extent of the care and case management regime provided to the Claimant.  Matthew negotiated settlement on behalf of the Claimant acting against Leading and Junior Counsel in the gross sum of £3.7 million and approved by the Court.

– BH v SP – A multi-million-pound TBI claim, claimed at £4.9 million.  The Claimant was represented by Leading Counsel.  Case concerned a large loss of earnings claim predicated on the Claimant’s contended diminished cognition notwithstanding he had performed reasonably well academically post-accident.  The claim resolved after a JSM for the sum of £1.13 million and approved by the Court.

– SM v AI – An 18 year old Claimant suffered a severe TBI which he alleged impeded his capacity to manage his affairs and caused him to a downward spiral of heavy cocaine use.  Case turned on medical causation including pre-existing drug use, chaotic home life and whether or not the side effects of the existing drug use explained the Claimant’s neurological presentation.  C claimed £3.9 million and Matthew negotiated a settlement of behalf of the Defendant of £1 million.

– KF v MIB – Serious TBI claim concerning a young man who was injured in an RTA. Liability issues of whether the Claimant knew the motorcar was uninsured when he was a passenger and whether he knew the driver was inebriated. Pleaded at £4.2M settled for £580,000. Matthew acted for the Defendant.

– AB v MIB – Serious poly trauma including loss of eye sight in 1 eye and life changing orthopaedic injuries concerning a middle rear seat passenger in a motorcar which the Defendant alleged was being driven by an intoxicated and inebriated driver and that the Claimant was actively encouraging reckless driving as part of a joint venture. The case settled for £380,000. Matthew acted for the Claimant against Leading Counsel.

– MJ v SL – Significant lower tibia and fibula fracture resulting in chronic neuropathic pain exacerbated by psychiatric state. Matthew, acting for the Claimant, successfully resisted the Defendant’s application to adduce care evidence late before trial. The case settled for £660,000.

– SD v BS – Matthew successfully resisted an application by Leading Counsel for the Claimant to adduce expert statistical evidence on the controversial issue life expectancy of a young Claimant who suffered a TBI subsequent to being born with a congenital neuro-developmental disorder.

– AA v DW – A claim for £2.35M for a Claimant who by reason of severe fibromyalgia and CRPS in her leg was settled for £350,000 at a JSM following exchange of expert medical evidence which contended that the Claimant’s fibromyalgia was already on a downward spiral, the CRPS diagnosis was not valid and the Claimant suffered from a pre-existing somatoform disorder.

– MH v KD – A claim for £2M by the family of the Deceased who was a front seat passenger in a motorcar which spun off the motorway whilst he was taking his jumper off (without his seatbelt on) inside the motorcar distracting and blocking the driver’s vision. Matthew acted in the case throughout including at the JSM against Leading and Junior counsel at which the matter resolved and was subsequently approved for £435,000 net of liability (being apportioned at 1/3:2/3 in the Claimant’s favour).

Notable Quantum Cases with Leading Counsel

– RM v TCL – A T7 complete paraplegic injury suffered by a man in his mid to late 30s. Settled for the gross sum of £6,875,000.00 which equated to £5,500,000 net of a 20% discount for contributory negligence. (With Gerard McDermott KC).

– JK v PA – A multi-million-pound claim acting for a Claimant classified as C5 Asia C incomplete quadriplegia who was a tetraplegic from C4 (shoulder tip) downwards with very little movement below his neck and only partial use of his left arm. The case focused significantly on short life expectancy arguments and disagreement over the payment of a periodical payment order in respect of care and case management as opposed to the ongoing provision of both by the Claimant’s local clinical Care Commissioning Group (CCG). (With Tim Horlock KC)

– RM v SB – A severe TBI claim pleaded at £7.3 million involving a Lowe v Guise [2002] EWCA Civ 197 claim for the cost of care of the Claimant’s severely disabled wife who he had met and married after the accident. Matthew acted for the Defendant and the claim resolved subsequent to a JSM for £3.5 million. (With Chris Kennedy KC).

– MW v WBD – Multi-million pound claim for a farmer worker who lost his arm through the shoulder involving a claim for a targeted muscle re-innervation prosthetic and a LUKE arm prosthetic from the USA. (With Chris Kennedy KC).

– LP v MA – Multi-million pound claim for a female teenager who suffered catastrophic brain injuries following a road traffic accident. (With Tim Horlock KC)

– AL v WP – Substantial claim involving a medical doctor who suffered post concussion syndrome following a road traffic accident. (With Chris Kennedy KC)

– AK v RA – Multi-million pound claim for a male teenager who suffered catastrophic brain injuries following a road traffic accident. (With Gerard McDermott KC)

– BS v RB – Seven figure settlement sum for Claimant who suffered an above knee amputation following negligent surgery. (With Tim Horlock KC)

Inquests and Public Inquiries

Matthew Snarr is very experienced in the field of Coronial Law and is regularly instructed in fatal accidents arising within the transport, healthcare, prison, security and construction sectors.

Examples of cases in which Matthew has acted are:

– Deaths on building sites due to falling from scaffolding, buildings collapsing, electrocution and gas inhalation.
– Serious injuries and deaths on fragile roofs (multiple cases) with consideration of all relevant equipment / PPE solutions.
– Deaths in care homes due to falls, asphyxiation, wrong medication and gastric tube provision.
– Suicides in prisons (multiple cases).
– Road traffic accidents serious injuries and deaths (including motorcycles, lorries, cyclists). Matthew is very familiar with accident reconstruction expert evidence.
– Deaths due to restraint (positional asphyxiation) including in a nightclub and hospital environment with police involvement.

Matthew’s regulatory practice extends to acting in difficult inquests ranging from multiple fatalities in road traffic accidents to death in custody to fatal injuries at work. His Coroners Court trial experience covers the full spectrum of work from judicial review applications to multi-day jury trials.

His knowledge of this area stems from his well developed personal injury practice which regularly concerns breaches of statutory legislation in an industrial context.

Matthew’s practice in the field of health and safety laws extends to acting both for the Health and Safety Executive as well as Defendant companies or individuals. Matthew has experience of prosecuting and defending complicated sentences in the Crown Court and the Magistrates’ Court.

Notable Cases

– Inquest into the death of John McDonagh
Inquest concerning a young boy who died after being crushed by a large metal gate which formed access to the car park of a block of private flats. Extensive consideration of design and safety features of the gate and responsibility for maintenance of the same.

– Inquest into the death of Keith Greatrix
Inquest concerning a farmer who was crushed to death by a collapsing wall during the construction of a barn.

– Inquest into the death of Elsie Meier
Death of elderly lady with consideration of the standards of care required for the treatment of friction and pressure sores and the medical causation impact on death.

– Inquest in the death of Matthew Nixon
A gas maintenance engineer died whilst working inside a void flat whilst using a portable generator powered by diesel fuel.
Issues covered involved expert engineering evidence on the spread of carbon monoxide and lone workers policy.
http://www.stokesentinel.co.uk/Fumes-flat-killed-Talke-gas-fitter-Matthew-Nixon/story-17938321-detail/story.html

– Inquest into the death of Colm Glackin
Matthew represented the family of a young doctor killed when he was cycling and was run over by a lorry turning left.
As a result of the evidence the Coroner concluded in his summing up that Mr Glackin died of a road traffic collision and that the lorry driver had failed to notice Mr Glackin in his left side mirror before turning left.
http://www.manchestereveningnews.co.uk/news/greater-manchester-news/court-tears-truck-tragedy-driver-6227330

– Inquest into death of Ann Johnson
Matthew was instructed to represent a nurse allegedly responsible for the overfeeding of a patient in a nursing home potentially causing her to choke and eventually die of pneumonia aspiration via a peg tube feed into the patient’s stomach.
The inquest lasted 3 days. The case involved complex medical causation arguments and cross-examination of two expert forensic pathologists.

– Inquest into the death of Julian Webster
Matthew was instructed to represent the interests of the Greater Manchester Police at a 10 day inquest. The GMP did not feature in the final verdict. The case involved issues of potential unlawful restraint by the doormen of a nightclub and unintentional positional asphyxia.
http://www.manchestereveningnews.co.uk/news/greater-manchester-news/deadly-combination-killed-clubber-julian-688776

– R (on the application of Bodycote HIP Ltd) v HM Coroner for Herefordshire [2008] EWHC 164 (Admin)
Matthew was instructed as junior counsel with Tim Horlock KC in a successful judicial review action concerning a jury’s finding of unlawful killing by gross negligence against a company. The judicial review concerned argument on the legal framework of corporate manslaughter.

Client Testimonial

“Matthew Snarr was instructed to act on behalf of my Client, to provide representation at an extremely sensitive Article 2 Inquest, which concluded following five weeks of evidence. The case involved the death of a patient in a clinical environment, in which there were five interested parties. Matthew advised in conference prior to the Inquest proceeding, putting my lay clients and witnesses at ease and was extremely well prepared for each and every day of evidence. Matthew handled the extremely complex issues with ease and we were able to establish a good rapport with the other parties’ representatives, which enabled the smooth running of the Inquest, notwithstanding the complex issues at hand.

I was thoroughly impressed with Matthew’s approach to the Inquest advocacy during the course of the Inquest itself and his ability to properly prepare my Client’s witnesses, support them through the process but to deal with complex submissions in relation to issues of unlawful killing, both on his feet and by way of written submissions. I would have no hesitation in recommencing Matthew for any type of Inquest work moving forward.”

Jacqui Kendall, Partner, Plexus

Associations

Personal Injury Bar Association

Health and Safety Lawyers Association

Publications

• Exploring perceived injustice and its impact on litigants with chronic pain. Journal of Personal Injury Law 2023, 4, 266-277. Co-authored with Tim Large.
• Securing the Future: when to use financial expert evidence to secure periodical payments. Published in PI Focus May 2023. Co-authored with Gerard McDermott KC.
• Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB): Quantum case note concerning a lower limb amputation injury award of damages.
• ‘Intoxication and Inebriation: Another Later Night’ Journal of Personal Injury Law 2015 (with Chris Kennedy KC)
• ‘We Need To Talk About Katie’ Personal Injury Brief Update Law Journal Dec 2012 (with Michael Lemmy)
• ‘Lights out for Excitement’ New Law Journal 25.02.11
• ‘Jelic v CC S.Yorks’ – ELA Briefing 01.10.10
• ‘Financially Entwined’ New Law Journal 13.08.10
• ‘Crash course in LVI claims’ New Law Journal 27.01.06 (with Boyd Morwood)
• ‘Proving it in Reverse’ New Law Journal 13.03.09 (with Tim Horlock KC)
• ‘Restoring Disorder’ New Law Journal 08.12.06 (with Boyd Morwood)

Education

LLB (Hons), University of Manchester

BVC, Inns of Court School of Law

Prescribed Information

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

Matthew’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for Matthew to undertake court work and negotiation engagements on a fixed fee and advisory, paperwork and conferences at an hourly rate. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Matthew has a busy paper practice but will typically return paperwork within 21 days, however, professional commitments, complexity and volume of documentation can affect these approximate timescales.