Christopher Kennedy KC

Personal Injury

Christopher Kennedy KC is Head of Nine Chambers.

Most of Chris’ instructions come from insurers and he usually represents Defendants in cases where the Claimant has suffered very severe injury or where there is a point of more general importance to be decided. However, he enjoys representing Claimants and is happy to receive instructions to do so.

Chris’ recent cases include those of,

– a young trainee Imam who was rendered tetraplegic in a motorcycle accident and whose case involved detailed consideration of the merits and demerits of the provision of an exoskeleton;
– a firefighter who was paralysed whilst lifting weights in a gym;
– a cyclist in a low-awareness state following a road traffic accident where the key dispute is as to the suitability of a residential or community placement
– a child whose expectation of life has been drastically shortened as a result of being hit by a car on a pedestrian crossing;
– a case considering the issues generated by a Defendant’s wish to rely on assertions made on a without prejudice basis in support of an allegation of fundamental dishonesty;

Chris has also represented the Defendant insurer in two cases where their insured driver has deliberately used a vehicle to cause harm to a number of members of the general public.

In addition to the ‘standard’ matters which are to be expected in cases of severe injury, Chris’ current/recent caseload has meant that he is particularly familiar with the issues raised by:

– negotiating the way forward in cases where damages will not be assessed for some time.  He is used to dealing with these cases both where the parties are working towards a trial and those where they are not;
– the availability of public funding;
– having to assess the merits and demerits of community and residential models for Claimants in low-awareness states or with significant behavioural challenges;
– having to disentangle the effects of intercurrent medical conditions from the consequences of an accident;
– emerging technology in the fields of prosthetics and spinal injury;
– subtle brain injury;
– individuals with pain;
– higher earning Claimants;
– accidents abroad and foreign Claimants injured in this country;
– deploying liability expert evidence in ‘non-standard’ cases;

Chris’ other area of specialist expertise is in the field of Health and Safety and he has advised and represented the same Defendants in both the criminal and civil jurisdictions.

Insurance Fraud

Having undertaken a substantial amount of conventional fraud work as a junior, Chris has continued to receive instructions in cases where there are concerns about the good faith of the Claimant.  Currently, for instance, he is counsel (i) in a case where he has alleged fundamental dishonesty against a qualified health worker who has claimed to have suffered a subtle brain injury (but with devastating effects) as a result of a road traffic accident; (ii) in a case where there is agreed to have been a more serious brain injury but where the claim that the accident has left the Claimant bedbound has been called into question by mobile telephone footage showing him paintballing and indoor skydiving; (iii) in an orthopaedic case where significant past and potential loss of earnings are claimed but the level of disability shown on surveillance, which is not directly relevant to loss of earnings,  is sufficiently at odds with the footage to permit fundamental dishonestly to be pleaded.  He is experienced and comfortable in advising on whether particular cases cross the FD threshold, and, if not, how best to deploy the evidence.

Chris’ conventional fraud work includes pursuing allegations of dishonesty against judicial office holders and high profile figures.  He sits as a civil recorder and has tried a number of cases in which fundamental dishonesty has been alleged.

Regulatory and Professional Discipline

Chris has over 10 years’ experience in the field of regulatory work. He is instructed by a number of local authorities with regard to their enforcement work and defends companies and individuals on a regular basis in the following areas:

– prosecutions arising out of serious breaches of health and safety legislation

– prosecutions arising out of water-based and air-based pollution;

– litigation arising out of regulatory notices

Recent cases undertaken by Chris in this field include:

– the prosecution of a football club as a result of the death of a young motorcyclist at their ground;

– the representation of a local authority in proceedings to uphold an enforcement notice in relation to traffic movements;

– the defence of a demolition company in relation to a death at work;

– the defence of a construction company in relation to a death at work;

– the defence of a firm of auctioneers in relation to a death at premises for which they were responsible;

– the defence of a factory owner arising out of a death at a work-place;

– the defence of a company arising out of the escape of toxic substances from its factory;

– the defence of a local authority in a claim arising out of an incident of pollution for which it was responsible;

– the defence of an individual in relation to a prosecution arising out of an explosion during the course of demolition work;

– the representation of a railway company in relation to the death of a child on railway property

Clinical Negligence

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"Experienced in multi-party actions for claimants and defendants."
Legal 500 2014

"Heads the set's personal injury and clinical negligence group, and is especially highly regarded for his high-value defendant practice, acting in a large number of catastrophic brain injury and amputation cases.

Expertise: 'He's detail-driven, and an effective negotiator.'"
Chambers & Partners 2014

"'Brilliant'."
Legal 500 2013

"Christopher Kennedy QC is head of 9 St John Street's personal injury group. He tackles a broad range of claims, including those concerning employer's liability, public liability, industrial disease and serious road traffic accidents."
Chambers & Partners 2013

"At 9 St John Street, Christopher Kennedy QC's 'cross-examination skills are outstanding'."
Legal 500 2012

"The 'astute and unstuffy' Christopher Kennedy QC is 'courteous yet tough', and 'keeps his opponents on their toes'. His 'written advice is concise and well thought-out,' say clients, and he is sought on the trickier catastrophic injury and quantum issues."
Chambers & Partners 2012

"A new silk, who fellow barristers believe 'will always make a good fist of a case however seemingly weak it is'."
Chambers & Partners 2011

"Christopher Kennedy's practice spans all types of personal injury work, but also takes in a substantial proportion of regulatory work. He is 'approachable, pragmatic and will cut to the issues.'"
Chambers & Partners 2010

"Christopher Kennedy is a sought after choice for general personal injury work. Clients like him as he provides 'unfailingly commercial and practical advice'."
Chambers & Partners 2009

"Christopher Kennedy always gives excellent service."
Chambers & Partners 2007

"Christopher Kennedy offers 'technical excellence, pragmatism and a clear understanding of the client's expectations'."
Chambers & Partners 2006

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Chris has very wide experience of personal injury litigation including all types of employer’s liability, public liability, serious road traffic accident and industrial disease cases. He is used to dealing with the type of issues relating to quantum generating by someone suffering catastrophic injury. He has considerable experience in multi-party actions for both Claimants and Defendants.

Chris has particular expertise in cases involving psychogenic pain and in the conduct of defence work in potentially fraudulent claims. He receives instructions from a number of insurers in these sensitive fields. He successfully represented two major insurers in the first contested action to recover damages from those behind a fraud ‘ring’.

Chris’ clinical negligence practice includes litigating a wide variety of issues including the management of psychiatric and other vulnerable patients, birth related defects, administration of drugs and informed consent. He is skilled at providing guidance on expert evidence in such cases.

Chris is either currently acting, or has recently acted for clients in cases which have covered the following ground:

Current Cases
– the issues generated by the killing of one psychiatric patient by another whilst they were both detained in a secure hospital;

– the failure by a hospital to detect a serious spinal fracture after a road traffic accident in which the Claimant also suffered a significant traumatic brain injury.

Recent Instructions
– the responsibilities of (i) a psychiatrist and (ii) a social worker for the behaviour of a resident at a half-way hostel who seriously wounded one of the resident carers;

– the development of pressure sores during respite care by a Claimant who lacked capacity;

– the claim of a lady who had to give birth without anaesthetic as a result of a failure correctly to interpret her scans sufficiently early.

Appointments

Deputy High Court Judge (2024)

King’s Counsel (2010)

Associations

Personal Injury Bar Association,

Professional Negligence Bar Association

Education

BA, Gonville & Caius College, Cambridge

Prescribed information

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

Christopher Kennedy KC’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 Christopher Kennedy KC to undertake Court, Tribunal and Mediation services for a brief fee plus additional refresher days. For advisory work, drafting and conferences it is most commonly charged at an hourly rate. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Christopher Kennedy KC will typically return paperwork within 21 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.

Chris also undertakes Direct Access work. This work is undertaken on a contractual basis. The terms will be agreed between the client and Chris’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 Chris 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.