Elizabeth Murray

Overview

Elizabeth is routinely instructed to act for both Claimants and Defendants in personal injury claims worth in the region of £500,000, and has acted in cases valued over £1.5 million.

She accepts instructions in all areas of civil litigation including road traffic accidents (being routinely instructed to act for Defendants in cases alleging fraud), occupiers’ liability, employers’ liability, product liability and highway claims.

She has particular enthusiasm for a unique field of litigation involving the Animals Act 1971, and specifically imports her personal knowledge and experience of all things equine into claims involving horses and riders.

Elizabeth has an approachable and down to earth manner with both her professional and lay clients. She appreciates that litigation can be extremely stressful and will endeavour to put clients at ease. Elizabeth invites instruction at an early stage and appreciates involvement as a case progresses, favouring the teamwork approach to cases which developed prior to her career at the Bar when working for HM Revenue and Customs as an instructing paralegal. At that time Elizabeth had responsibility for a caseload valued in excess of £100 million and accordingly remembers the pressures associated with the same and the management of client expectations.

When she is not in court, drafting pleadings, or conducting conferences, Elizabeth can be found at the stables with her horse. She is also a keen open water swimmer being a firm believer in its benefits for both physical and mental wellbeing.

Elizabeth is also Chair of the Nine Lives Committee, a charitable fund operated by Chambers.

Personal Injury

Elizabeth’s practice covers all areas of personal injury litigation, both fast track and multi track, including road traffic accidents (credit hire, low velocity impacts and MIB claims), occupiers’ liability, employers’ liability, product liability and highway claims.

In 2019 Elizabeth successfully defended a former employer at trial, who was without the benefit of insurance and facing a multi track claim valued at approximately £150,000.00.

She is routinely asked to advise and act on behalf of both Claimants and Defendants, believing it to be of vital importance that Counsel has experience of both sides of the argument.

She is able to act on a conditional fee agreement basis where necessary.

Fraud

Elizabeth has made successful Section 57 applications for fundamental dishonesty when acting on behalf of Defendants and their insurers.

In 2019, Elizabeth secured a successful fundamental dishonesty finding for the MIB, following discontinuance of the claim, and a costs order of £27,000. This success has been repeated in fast track matters where her cross examination has revealed fruitful grounds for the making of such an application.

Elizabeth has also conducted appeals on behalf of Claimants and Defendants.

She has successfully brought an appeal against the decision of the lower court to refuse reallocation to Part 7 but then import its own prognosis period into its Stage 3 deliberations.

Elizabeth also successfully appealed, on a Phillips v Willis basis, a decision of the lower court to allocate the credit hire element of a Stage 3 hearing to the small claims track.

Serious Injury

Recent examples of her work include:

L v A (2023) – L, in his 20s, had been involved in an accident at work which resulted in a below the knee amputation. Elizabeth advised in conference on liability and was led by Nicholas Hinchcliffe KC to achieve settlement in the sum of £950,000.00

W v R (2023) – Elizabeth advised on liability and quantum in a matter concerning loss of an eye. The case is ongoing.

E v A (2022) – Elizabeth advised the Claimant and drafted a Schedule of Loss of £750,000, and thereafter negotiated settlement at a JSM, in a claim concerning an unusual injury which was the subject of multiple expert reports and highly contested causation arguments.

Occupational Disease

Elizabeth has an exceptionally busy practice, for both Claimants and Defendants, in industrial disease cases with emphasis on Noise Induced Hearing Loss claims.

She routinely conducts limitation trials with particular success on the notoriously difficult Section 33 applications.

She has successfully responded to an appeal against the decision of the lower court to refuse the Appellant’s application to amend the defence on the first day of the multi-track trial window to include limitation.

Elizabeth also acts in claims involving upper limb disorders.

Accordingly Elizabeth is required to consider expert reports, and conduct conferences with experts, as a matter of routine.

Animals Act

Elizabeth has a particular enthusiasm for this niche area of work, and is instructed on behalf of Claimants and Defendants in fast track and multi track cases involving expert evidence.

She specifically imports her knowledge and experience of all things equine into cases involving horses.

On one extremely notable occasion she represented the interests of an owner whose horse had fallen through a conservatory roof. She has successfully defended a farrier, and a horse rider whose horse kicked the windscreen of a car. She has also acted on behalf of, and given advice to, livery yard owners.

Elizabeth recognises the difficulties often presented by the unique application of the law in this area and endeavours to put clients at ease.

It follows that Elizabeth has equally been involved in claims brought pursuant to the Animals Act. In 2022, she was able to secure settlement in an equestrian claim, concerning activities on the hunting field, which had been listed for a 5 day trial, involving expert evidence and 12 lay witnesses. Also in 2022 she successfully defended a riding school in a claim alleging that the horse had bucked the rider off as a result of being electrocuted. She is often instructed in dog bite claims, on behalf of both Claimants and Defendants, and will be co-presenting a seminar on this topic in September 2023.

Employer’s Liability/Highways

Recent case examples include:

D v B (2019) – represented the employer, who was without insurance, in a multi-track claim brought by a former employee for an accident sustained at work. Elizabeth cross-examined the Claimant during the course of which he accepted that the accident occurred in a different way for which it was found that the Defendant could not have been liable.

H v D (2020) – Elizabeth drafted a robust defence including allegations of fundamental dishonesty on behalf of a Defendant employer, who was without insurance, pursuant to which the Claimant discontinued his claim.

R v S (2023) – represented the Claimant in a fast track claim involving an accident at work. Elizabeth advised from the outset of the claim, on both liability and tactics, and successfully represented the Claimant at trial, resulting in a favourable costs order of £25,000, including indemnity costs.

Insurance Fraud

Prior to commencing pupillage Elizabeth first became involved in handling fraudulent claims whilst working for HMRC, at that time specialising in Missing Trader Intra Community (‘MTIC’) VAT fraud. Elizabeth had responsibility for handling the appeal of Mobilx Limited, litigating the appeal through the First Tier Tax Tribunal, to the High Court and finally to the Court of Appeal – [2010] EWCA Civ 517. This remains the leading case on MTIC fraud.

In recent years she has represented both claimants and defendants in matters in which fraud is alleged, including phantom passenger claims and LVI.

Elizabeth has made successful applications for fundamental dishonesty pursuant to CPR 44.16(1) and s57 CJCA 2015 when acting on behalf of Defendants and their insurers.

In 2019 she secured an enforceable costs order of £27,000 for the MIB following discontinuance of a claim, using covert audio recordings obtained by the Defendant, in the subsequent fundamental dishonesty trial. This success has been repeated in further fast track matters where her cross examination has revealed fruitful grounds for the making of such applications, including remote hearings.

In the most recent period of 2021-2022 Elizabeth has obtained findings of fundamental dishonesty on 7 occasions. In one claim it was found as a fact that the Claimant was not involved in the road traffic collision.

In November 2022, she secured a finding of fundamental dishonesty pursuant to CPR 44.16(1) against Scott Timlin (‘Scotty T’), reality TV star of Geordie Shore, and winner of Celebrity Big Brother. Reports and media coverage of this claim can be found HERE.

Equestrian Claims

With her equestrian background, and familiarity with terminology and practical matters, Elizabeth is often asked to act on behalf of both Claimants and Defendants in claims involving horses.

Examples include:

D v E (2018) – Elizabeth acted on behalf of an insurer. The claim was brought by a landowner for damage to her property after a horse owned by the insured fell through her conservatory roof.

H v F (2019) – Elizabeth acted on behalf of a farrier against whom a claim had been brought. It was alleged that through his negligence the horse had been put to sleep and a claim was pursued for its loss. The claim failed after trial.

J v L (2020) – Elizabeth co-defended a 3 day multi-track claim in which it was alleged that the permanent nature of the injuries suffered had resulted in increased costs relating to the Claimant’s horses. Elizabeth cross-examined on all heads of loss relating to the ownership of the horses, resulting in allegations of fundamental dishonesty being put, pursuant to which the Claimant discontinued her claim mid-trial.

In 2023 Elizabeth has acted on behalf of two insurance companies in claims concerning the loss of use of horses and the valuation thereof. In one claim she has drafted the defence and the matter is ongoing. In another she was able to successfully negotiate settlement.

Associations

Personal Injury Bar Association

Education

LLB (Hons), University of Liverpool
BVC, Manchester Metropolitan University

Prescribed Information

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

Miss Murray’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 Miss Murray to undertake Court work for a brief fee plus refresher days. For paperwork 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. Miss Murray will typically return paperwork within 21 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.