Glen Tyrell
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Tel: 020 7822 2079
Email: g.tyrell@4newsquare.com
Email Clerk: j.barrass@4newsquare.com
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Year of Call: 1977
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Profile
Glen has a great deal of trial experience mainly acting for defendants. He specialises in professional liability (lawyers, accountants, surveyors, architects, engineers and insurance brokers) clinical negligence, personal injury, product liability, civil actions against the police and disciplinary proceedings.
As a general rule Glen believes that the best way to settle an action is to make an early and realistic Part 36 offer. If your opponent is well advised he will accept the offer and the claim will settle. If he is not well advised and he forces you into a trial he will end up paying the bulk of the costs.
Glen is often instructed to represent the defendant in mediations or settlement meetings. Most of these claims settle at or shortly after the mediation or meeting.
Memberships:
Glen is a member of the Midland Circuit and the Professional Negligence Bar Association.
Glen regularly lectures to solicitors on professional negligence.
Professional Liability
Lawyers
Glen has extensive experience of claims alleging mishandled litigation and negligent advice. Also claims arising out of property and commercial transactions.
Glen’s work in this area includes defending claims alleging;
- trial collapse as a result of failure to give adequate disclose. (Wiseman High Court, London, 28.2.00).
- failure to serve proceedings within time. (Woolman Shoreditch CC, 4.11.02)
- failure to apply for a new tenancy under Section 25 of the Landlord & Tenant Act 1954.
- negligent advice on title.
- settlement at an undervalue.(Barrie High Court, Chancery Division, London 28.9.09).
- negligence in relation to powers of attorney.
- another settlement at an undervalue (there is said to be a lot of it about at the moment). (Thorpe Nottingham CC, 9.6.10).
- negligent advice about prospects of success in litigation. (Odina Uxbridge CC, 10.8.10).
- failure to advise on provisional damages in a claim concerning mesothelioma.(High Court, London 5.9.10)
- negligence in relation to a vendors cash sale incentive.
- negligence in relation to ground rent.
- negligence in relation to mortgage subsidy.
- negligence in relation to the difference between a joint tenancy and a tenancy in common.
- negligence in relation to the change in the name of the purchaser.(High Court, London, 7.12.10)
- negligence in relation to an option to purchase.
- negligence in relation to a possible claim for wrongful birth.(High Court, London)
- negligence in relation to a staged accident.(Liverpool CC)
- negligence in conduct of litigation (Manchester CC 4.7.12)
- negligence in relation to issue of proceedings
- loss of £1m counterclaim as a result of negligent representation at a mediation. (Chelmsford CC 2.11.12)
Accountants, Auditors & Actuaries
Glen has extensive experience defending claims alleging audit failure. Some said to be worth a lot of money (at least at the outset).
Glen’s work in this area includes defending claims alleging;
- defective performance of duties as a receiver. (Knight v Lawrence (1991) 1 EGLR 143 High Court, Chancery Division, London.
- negligent advice in connection with Lloyds.(Keith Fawkes Underwood v Hamiltons & Hereward Phillips (1997)LTL 24.3.97)High Court, London.
- £4.5 million audit failure (Munradtech Industrial Generators)High Court, London.
- misrepresentation in business plan.
Surveyors & Valuers
Glen has extensive experience of surveying and valuation claims. Both residential and commercial.
Glen represented the claimant in Abbey National v Key Surveyors (1995) 75 BLR 127.
Glen’s work in this area includes defending claims alleging;
- failure to detect dry rot.( Hooberman v Salter Rex (1985) 1 EGLR 144) High Court, London.
- failure to detect structural defect.(Cross v David Martin & Mortimer (1989) 1 EGLR 154)High Court, London.
- defective advice in connection with settlement of an arbitration.( Blake Newport High Court)
- defective property management.
- negligent valuation of a petrol station. (High Court, Chancery Division, mediation 14.5.08).
Architects
Glen has extensive experience of claims alleging negligent design and negligent inspection.
Glen’s work in this area includes defending claims alleging negligence in relation to;
- an award winning metal roof that leaked. (Driscoll v Nye Saunders (The Times 27.6.88) High Court, TCC, London.
- misplaced metal reinforcement in concrete floor slab. High Court, TCC, London.
- crazed floor surface in computerised warehouse. (Oxford University Press v John Steadman (1991) 7 Const. LJ 102) High Court, TCC, London.
Engineers
Glen has experience of claims arising out of major structural collapse and land subsidence and in particular;
- collapse of mid town Victorian office block the night after an engineer was said to have said; “ A crack is not a crack until you can get your hand into it.”
- scaffold collapse as a result of high winds.(High Court, TCC, London)
- housing estate built on peat.(High Court, TCC, Salford)
Insurance Brokers & Agents
Glen has experience of defending claims alleging under insurance or wrong insurance and in particular;
- a claim by a householder with no insurance to cover death of workman at his home.(High Court, London)
- a claim by a jeweller with inadequate insurance.
Clinical Practitioners
Glen’s experience in this area includes claims against doctors arising out of;
- death as a result of sub arachnoid bleed.
- death as a result of failure to diagnose stomach ulcer.
- foreign body left in hand after surgery.
- child given 400 times the safe dose of radio iodine in her mother’s milk
- Expert evidence given at trial by Consultant Physician
Also a claim by a professional rugby player against a physiotherapist.
Personal Injury
Glen’s work in this area includes representing the defendant;
- in a number of claims for psychiatric injury. (Tew v Brown High Court Bristol, 17.3.00,Palmer v Becque Brighton CC, 19.4.01 ,Brazier v Hilderbrand, Canterbury CC, 9.5.01, Russell v Law Oxford CC, 20.1.03 and Culverwell v Crier Birmingham CC, 5.7.04).
- in a number of claims for spinal injury. (Vellunga v Hurvel High Court, London, 27.2.01 and Kyson v Hemmings High Court, London, 8.10.02).
- in a £1m claim for psychiatric injury. (Willis v Vauxhall Centre Court of Appeal, 18.5.07).
- to a £1m counterclaim for spinal injury. (Wood v Igoea High Court, Birmingham 23.4.08)
- in a £2.5m claim for brain damage by a property developer (Fouladgar v Southover Food Co Ltd High Court, London 16.1.09)
- in an application for an order that an admission made by the defendant’s insurer could be withdrawn. (Farley v South West of England RDA CLCC, 10.3.09)
- in an application to strike out a claimant’s claim for damages arising out of his employment on an oil rig off the coast of Angola on the basis that the claim should have been brought in the British Virgin Islands. (Hookham v Online Consultants Ltd Norwich CC, 28.4.09)
- in a £1m claim for hand injury by a “dinosaur vet”.(real vet, CGI dinosaur McNabb v Impossible Pictures Ltd) (High Court, London)
- in a £.25m claim for knee injury. (Bowden v Clyst Holdings Ltd, Exeter CC, mediation 21.5.10)
- in a £.5m claim for brain damage. (Poon v Boothville Roofing Ltd Northampton CC, mediation 28.1.11)
- in a £.25m claim for ankle injury (Hickson v Denne Construction Ltd High Court London, 11.4.11)
- in a £1m claim for brain damage. (O’Brien v Premier Recycling Ltd, High Court, London 7.6.11)
- in a claim for paraplegia brought by a fellow competitor in a motorcycle race. (McKeever v Motorsport Vision High Court, London 10.12)
- in a £250,000 claim for fibromyalgia. (James v Dadhania Bournemouth CC 14.4.12)
- in a £500,000 claim for spinal injury (Plymouth CC 9.5.12)
- in a £7m claim for brain damage (High Court Leeds 2.10.12)
- in a £600,000 claim for a de gloving injury to the leg. (High Court London 18.12.12)
Product Liability
Glen’s work in this area includes claims alleging;
- derailment of a train as a result of a “flat” wheel.(High Court, London)
- loss of crop as a result of chemical application. (D’Mario v Ciba Geigy High Court, London)
- deformity of cattle as a result of chemical discharge.
- flammability of a child’s cot.(Maitland Walker v Mothercare High Court, London)
- defective hip replacement.(Piper v Joint Replacement Manufacturing Ltd (Derby CC, 26.9.05)
- collapse of a lighting truss at a rock concert that resulted in a $3 contribution claim from the United States of America. (Not us Ltd v Unusual Rigging Ltd, High Court, London)
Civil Actions against the Police
Glen’s work in this area includes defending claims alleged malicious prosecution for murder namely;
- Rees v Chief Constable of Hampshire Constabulary (LTL 9.12.97) High Court, London. Application to strike out.
- Goodridge v Chief Constable of Hampshire Constabulary (1999)1WLR 1558 High Court, London.
Disciplinary
Glen has represented the Bar Council before the Bar Disciplinary Tribunal, the GMC before the GMC Fitness to Practise Panel and the RICS before the RICS Disciplinary Tribunal. Glen has also represented defendants accused of disciplinary offences.
Glen’s work in this area includes;
- representing the GMC in a case of a general practitioner involved in drug abuse. (General Medical Council v Dr Field 23.3.00)
- representing the GMC in a case of a general practitioner involved in an inappropriate emotional relationship with a patient. (General Medical Council v Dr Nixon 14.7.00)
- representing the RICS in a case involving misconduct by an expert witness. (Royal Institution of Chartered Surveyors v Hinton 29.4.03)
- representing the RICS in a case involving bribery in connection with a £54m property transaction in Paris. (Royal Institution of Chartered Surveyors v Llewellyn 27.10.03)
- representing a general practitioner accused of failing to detect an ectopic pregnancy. (General Medical Council v Dr Depner 15.2.07)