Sam Aynsley

Overview

Sam is listed as a leading junior in the Legal 500 Directories in Personal Injury, Clinical Negligence and Chancery. He enjoys a multi-faceted civil practice split evenly between Tort (Personal Injury, Clinical Negligence, Police Law) and Business and Property.

Sam’s common law foundation and subsequent civil specialisation suit him to regulatory instructions in the criminal courts and he is also an accredited mediator.

Sam invites early instruction and conferencing and endeavours to be as accessible as possible to professional clients throughout proceedings. Many of Sam’s instructing solicitors view him as an extension to their own team, directories noting that “solicitors have been impressed by his advice and pleadings for years”, continuing to “instruct him in increasingly complex matters”, describing him as “extremely thorough” with an “exceptional manner with clients”.

Sam travels nationwide for conference, mediation and court appointments (on the intermediate and multi tracks) and accepts instructions on a direct access basis where appropriate.

Away from work Sam uses his Plymouth Argyle season ticket as often as its burdens of distance and despondency allow and he also enjoys road cycling.

Personal Injury

Sam is listed as a Leading Junior in the Legal 500 directory in Personal Injury. He mainly acts for Claimants on the multi and intermediate tracks. Alongside RTA and EL/PL his experience covers the spectrum of liability issues arising in personal injury claims, including:

Service user assault;
Industrial disease (including (M)NIHL, HAVS, COSHH, repetitive strain);
Fatal accidents;
Secondary victims;
Police claims (including trespass and other non-PI relief);
Prison claims;
Animals;
Landlord liability;
Product liability;
Highways including Land Law/McGeown defences;
Injuries and illness abroad/at sea/in air.

Sam’s instructions include catastrophic injuries, brain damage, and pain without organic cause. He regularly drafts statements of case in assault and disease claims requiring command of voluminous evidence and detailed and careful pleading, as well as schedules of >£500,000.

Sam recently secured what is thought to be the first finding of dishonesty against a Defendant resulting in the disapplication of fixed costs after trial – Claimant in PI case beats fixed costs by proving defendant’s dishonesty | Law Gazette.

Clinical Negligence

Sam is recognised as a leading junior in the Legal 500 Directory in Clinical Negligence. He receives increasingly complex instructions including those of the utmost seriousness and gravity, recent and ongoing matters including:

Gynaecological negligence, including;

Hypoxic brain injury consequent to negligent midwifery (led junior to Christopher Kennedy KC);
Missed cervical malignancy metastasising into avoidable stage 4 cancer because of delayed examination;
Negligent treatment of endometriosis, the Defendant unwittingly fitting the Claimant with two mirena coils several years apart; exacerbation of gynaecological and psychiatric sequalae.

Surgical negligence, including:

A Claimant suffering an incision to her bladder during surgery with consequent bladder and kidney injury including avoidable nephrostomy;
A Claimant suffering blunt trauma injury whilst anaesthetised for unrelated surgery, unmeritoriously defended on the averment that the Claimant could not directly evidence the occurrence of her injury.

Negligence in care/supervision, including:

An elderly Claimant falling from their bed when cot sides were not raised, sustaining brain injury and fractures;
An elderly Claimant being inappropriately manoeuvred on a Sara Stedy and inadequately supervised so that they fell and sustained injury.

Accident and Emergency negligence, including:

A Claimant being kept waiting in an A&E waiting area despite complaining repeatedly of breathing difficulties before sadly dying of respiratory arrest;
A Claimant, after multiple fruitless visits to A&E with breathing difficulties, fortuitously being at A&E yet again when suffering respiratory arrest in reception before being resuscitated; if he was not at hospital he would almost certainly have died. Psychiatric injury and exacerbation of pre-existing asthma.

Birth fatality.

Patient suicide consequent to negligent supervision/discharge despite known risk of suicide.

Dental negligence.

Insurance Fraud

Sam has significant experience of insurance fraud issues. In two of his most recent Defendant instructions he has secured a finding of fundamental dishonesty including a finding that the witness relied upon by the Claimant was not at the scene and had lied about witnessing the accident, and securing summary judgment as a preliminary issue at trial in light of the Claimant’s failure to adequately address constituent elements of liability in her evidence.

Much of Sam’s instruction is written work and he is experienced at drafting defences, r.18 and r.35 questions.

Sam’s considerable experience in personal injury matters leaves him well placed to advise on whether/when/how any issue(s) of dishonesty ought to be raised in proceedings.

Business and Property

Sam is listed as a leading junior in the Legal 500 Directory for Chancery, Probate, and Tax. Sam enjoys a diverse Business and Property practice with an emphasis on traditional chancery. The will, TOLATA, and boundary litigation that forms most of his Business and Property practice usually causes or follows from significant animus amongst families and neighbours. Sam is experienced in handling such fraught proceedings along with the incidental civil harassment claims/counterclaims that sometimes arise.

Sam encourages early instruction and conferencing and regularly attends mediations on behalf of his clients achieving favourable outcomes. Sam understands the importance of distilling issues of risk and commerciality into straightforward advice for his lay clients. His areas of practice include:

Property Law

Including:

Boundary disputes;
Easements;
Common land and greens;
Land registration;
TOLATA;
Proprietary estoppel;
Conversion.

Probate

Including:

Undue influence, lack of testamentary capacity, want of knowledge and approval;
Inheritance Act 1975 (acting for Claimants on a CFA basis where appropriate as well as Defendants);
Administration of estates.

Landlord & Tenant – Commercial and Residential

Including:

Renewal of business tenancies;
Dilapidations;
Relief from forfeiture;
Possession claims (including RH(W)A 2016 for residential possession in Wales);
Deposit protection scheme;
Unlawful eviction claims;
Housing disrepair (please note Sam only accepts Defendant instructions in this area);
Applications for Antisocial Behaviour Injunctions and subsequent committal proceedings.

Commercial and Consumer law

Including: