Joseph Mulderig

Insurance Fraud

Joseph is experienced in advising and representing insurance companies faced with suspected fraudulent claims, including:

– Staged and induced accidents

– Low speed impact collisions

– Phantom passengers

– Exaggerated claims

– Fraudulent vehicle damage

Joseph is frequently involved at an early stage to advise on merits, tactics and evidence. He regularly settles defences, Part 18 requests and Part 35 questions in claims were fraud is suspected or alleged.

He is an experienced advocate both in relation to interlocutory matters and trails. Recent trial experience includes cases involving staged accidents, low speed impacts, exaggerated injury, surveillance evidence and damage inconsistency with complex oral forensic engineering evidence.

Personal Injury

Joseph specialises in all aspects of personal injury litigation including injuries of the utmost severity, fatal accidents, pain cases, industrial disease, clinical negligence and cases involving allegations of fraud and exaggeration. He is instructed, in broadly equal terms, by both claimants and defendants. He has a reputation for hard work and forensic attention to detail.

He is regularly instructed in high value and complex cases and is experienced in settling schedules of loss and counter schedules in claims valued well into six figures and in excess of £1 million. Joseph is frequently instructed to attend joint settlement meetings.

Joseph has particular experience of brain and spinal cord injuries and loss of limb cases requiring adapted accommodation and the establishment of case management and care/support worker regimes and the making of related interim payment applications.

In recent years he has been increasingly instructed in pain disorder cases including fibromyalgia, CRPS, somatisation and chronic pain/central sensitisation. Joseph also has experience of claims against the MOD including non-freezing cold injuries.

Whilst multi-track work predominates Joseph accepts instructions at all levels and is regularly briefed to appear at trials and interim hearings.

Joseph is praised for his friendly and approachable style in conference, with an innate ability to put clients at ease and explain complex matters in terms that are easily understood, but is recognised as a thorough and tenacious trial advocate. He is often involved throughout the litigation process from pre-issue tactics and evidence through to trial.

Current instructions include a number of high value brain injury cases (both with and without leading counsel), cases of spinal injury and pain cases. Joseph is briefed to appear for a defendant in a high profile 10 day High Court trial concerning allegations of historic physical abuse of apprentices at a professional football club.

Notable Recent Cases

– Settled a case for £1.1 million at a JSM on behalf of a claimant who suffered a stroke in the immediate aftermath of a minor RTA but no direct physical injury. Complex medical and causation issues. Initially D denied that the stroke was causally related to the RTA and later alleged that C would have suffered a stroke within 12 months in any event.

– Successfully represented a claimant who suffered a rotator cuff tear in a slipping accident at a 5 day trial where exaggeration was alleged based on surveillance evidence. Case had failed to settle at a JSM. Oral evidence at trial from orthopaedic, psychological and OT experts. Damages assessed at c£190,000 with no adverse findings.

– Acted for claimant who suffered a complex wrist fracture leading to arthrodesis. Settled for £200,000

– Acted for claimant who suffered a fracture of the patella and mid-femur. Good recovery with C completing apprenticeship and securing employment in engineering. Central issue related to the potential impact on future employment prospects. Settled for £150,000.

– Acted for claimant who suffered a fractured wrist leading to arthrodesis and an injury to his lower back in an accident at work. It was C’s case that he developed a chronic pain disorder. In response to surveillance evidence D’s experts and C’s pain expert concluded that C was exaggerating. Successfully represented C in a late application to change pain expert. Settled at JSM for £525,000 net of contributory negligence, CRU and interims (gross value c£900,000).

– Acted for claimant who suffered a femoral fracture extending into the knee joint leading to replacement. C remained in full-time work with no ongoing loss of earnings. Substantial disagreement about the risk of later amputation in the event of failure of the knee replacement. Settled at JSM for £925,000.

– Acted for claimant who suffered whiplash injuries in a minor RTA. Late onset of fibromyalgia and even later deterioration of that condition. Substantial disagreement between medical experts as to any causal relationship to the RTA. Settled at JSM for £206,000.

– Acted for claimant who suffered fractures of the calcaneum, ankle and forearm in an accident at work. D alleged exaggeration and relied on surveillance evidence. Settled at JSM for £265,000.

– Acted for the claimant who suffered recurrent dislocation of the patella, a patellectomy and chronic pain following a highway tripping accident. C had bilateral easily dislocatable patellae and pre-accident problems. D alleged that C would have suffered a similar dislocation in any event. Settled after trial had commenced for £350,000 (with Michael Rawlinson KC).

Joseph accepts work on a CFA and is an accredited Public Access Barrister. He regularly prepares and gives training seminars to solicitors and is more than willing to consider any specific training requests. Joseph also acts in professional negligence claims relating to the handling of personal injury, clinical negligence and employment claims.

Clinical Negligence

Joseph has 15 years experience of advising and acting in clinical and dental negligence claims. He is able to advise on all aspects of clinical negligence and has considerable experience in complex and high value cases.

Examples of current and recent cases include:

– Delay in diagnosis and treatment leading to death or serious consequences – including lung cancer, Cauda Equina Syndrome, Acute Fatty Liver of Pregnancy, spinal fractures leading to spinal cord injury and testicular torsion.
– Hypoxic brain injury at birth.
– Negligently performed surgery – including bowel perforation leading to death, nerve damage leading to wrist drop, failure to adequately remove appendix leading to life-threatening sepsis and emergency laparotomy.
– Negligent failure to effectively administer Heparin during coronary angiography leading to heart attack.
– Unnecessary dental treatment.
– Cosmetic surgery including breast augmentation and reduction, liposuction and tummy tuck.
– Negligent rehabilitation.
– Errors in medication – including overdose of Phenytoin and incorrect dose of Fragmin materially contributing to death.

Notable Cases

• Settled a case for £1.1 million at a JSM on behalf of a claimant who suffered a stroke in the immediate aftermath of a minor RTA but no direct physical injury. Complex medical and causation issues. Initially D denied that the stroke was causally related to the RTA and later alleged that C would have suffered a stroke within 12 months in any event.
• Successfully represented a claimant who suffered a rotator cuff tear in a slipping accident at a 5 day trial where exaggeration was alleged based on surveillance evidence. Case had failed to settle at a JSM. Oral evidence at trial from orthopaedic, psychological and OT experts. Damages assessed at c£190,000 with no adverse findings.
• Acted for claimant who suffered a complex wrist fracture leading to arthrodesis. Settled for £200,000
• Acted for claimant who suffered a fracture of the patella and mid-femur. Good recovery with C completing apprenticeship and securing employment in engineering. Central issue related to the potential impact on future employment prospects. Settled for £150,000.
• Acted for claimant who suffered a fractured wrist leading to arthrodesis and an injury to his lower back in an accident at work. It was C’s case that he developed a chronic pain disorder. In response to surveillance evidence D’s experts and C’s pain expert concluded that C was exaggerating. Successfully represented C in a late application to change pain expert. Settled at JSM for £525,000 net of contributory negligence, CRU and interims (gross value c£900,000).
• Acted for claimant who suffered a femoral fracture extending into the knee joint leading to replacement. C remained in full-time work with no ongoing loss of earnings. Substantial disagreement about the risk of later amputation in the event of failure of the knee replacement. Settled at JSM for £925,000.
• Acted for claimant who suffered whiplash injuries in a minor RTA. Late onset of fibromyalgia and even later deterioration of that condition. Substantial disagreement between medical experts as to any causal relationship to the RTA. Settled at JSM for £206,000.
• Acted for claimant who suffered fractures of the calcaneum, ankle and forearm in an accident at work. D alleged exaggeration and relied on surveillance evidence. Settled at JSM for £265,000.
• Acted for the claimant who suffered recurrent dislocation of the patella, a patellectomy and chronic pain following a highway tripping accident. C had bilateral easily dislocatable patellae and pre-accident problems. D alleged that C would have suffered a similar dislocation in any event. Settled after trial had commenced for £350,000 (with Michael Rawlinson KC).

Associations

Personal Injury Bar Association

Education

LLB (Hons), University of Central Lancashire

Law Society Finals, The College of Law (Chester)

Prescribed Information

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

Joseph’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 Joseph to undertake Court work for a brief fee plus additional refresher days. Paperwork and conferences are most commonly charged at an hourly rate. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Joseph will typically return paperwork within 21 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.

Joseph also undertakes Direct Access work. This work is undertaken on a contractual basis, as agreed between the client and Joseph’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 Joseph 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.