Deans Court Chambers

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Simon McCann

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Simon McCann - Deans Court Chambers

Education

  • Newman College, Preston
  • The University of Leeds - International History and Politics BA Hons (1st Class)
  • The University of Central Lancashire, Common Professional Examination

Appointments

  • Bass Scholarship
  • Lennox-Boyd Award

Professional Associations

  • Personal Injuries Bar Association
  • Health and Safety Lawyers Association

Profile

Simon McCann specialises in personal injury cases with an emphasis on cases of catastrophic injury and those with significant issues of liability. He is a fraud specialist, and has advised motor insurers, employers’ insurers and local authorities on all aspects of fraudulent claims. Simon also deals with industrial disease and employers liability cases.


CATASTROPHIC PERSONAL INJURY

Simon has represented many insurers in catastrophic personal injury cases both with Leading Counsel and alone. Experienced in joint settlement meetings and negotiations. Simon has an interest in complex issues of damages. He is currently dealing with catastrophic injury cases arising from birth injury (over £2 million), brain (over £7 million) and spinal injuries (over £4 million).

FRAUD

Simon’s fraud practice is insurance-based. He is a specialist in this area, with over 15 years of experience of fraud trials and the investigation of fraud, in which time has taken well over 100 fraud cases to trial. He has advised motor insurers, employers’ insurers and local authorities on all aspects of fraudulent claims, and has assisted in the development of a number of specialist fraud units. Simon has developed a significant reputation defending fraudulent claims in both the motor and casualty fields. He is able to offer advice on all aspects of fraud up to an including contempt proceedings. Simon has spoken regularly at national events and at a local level on the subject of fraudulent claims. He has appeared in the Court of Appeal in fraud work (Afzali v McLaw Roofing [2008] EWCA Civ 1437).

Areas of special interest:

• Fraud rings
• Staged accidents
• Fraudulent claims in the workplace
• Fraudulent claims against local authorities
• Contempt proceedings


Recent, notable examples include:

• 2006-2011. Represented a local authority in Merseyside dealing with a number of fraudulent claims brought by the same claims farmer (who featured in the BBC documentary, “The Man Who Made Accidents Happen”)
• 2010-2011. Represented an insurer in a series of trials involving a fraud ring in the West Midlands. Over 20 claims discontinued, struck out or withdrawn
• March 2010. Represented an insurer in contempt proceedings brought against an accountant who had forged documents to support a fraudulent claim for lost earnings
• January 2010. Appeared at first instance in the case of Summers v Fairclough Homes (for the Defendant). Judgment from the Supreme Court awaited
• June 2009. Week-long fraud trial. Alleged accident in the home. C a councillor for political party. Finding of fraudulent conspiracy. Contempt proceedings


SPORTS LAW

Simon has represented football clubs and players from the Championship and other leagues below this level. He has represented local Football Associations and numerous clubs. Simon has also represented a Super League team.


EMPLOYERS’ LIABILITY AND INDUSTRIAL DISEASE

Areas of special interest and recent disease work experience include:

• Sexual harassment, bullying and stress case against a fire authority (which was successfully defended in a 2-week trial)
• Trials successfully defending local authorities faced with allegations of abuse in care homes, assaults upon employees by children in care and stress within the workplace
• Multiple work-related upper arm cases for local authorities and employers dealing with cleaners, school workers, motor mechanics, general operatives and the like
• Complex series of dermatitis claims brought against local authorities in the Midlands area
• Mesothelioma case against a Sheffield employer
• Numerous claims against

OTHER PERSONAL INJURY WORK

Simon has experience of all areas of personal injury work, including:

• Highways law
• Occupiers’ liability

BUSINESS CRIME AND REGULATORY

Simon has represented those prosecuted with regulatory offences, including:

• A local authority charged by the Health & Safety Executive after the death of an employee
• A publicly listed water company charged on numerous occasions by the Environment Agency
• Companies charged with offences under the Prevention of Cruelty to Animals Act 1911

CLIENT LIST

Simon’s clients include:

• All major insurers
• Local authorities, including Bolton MBC, Oldham MBC, Stockport MBC, Knowlsey MBC, Tameside MBC, Nottinghamshire CC, Calderdale MBC, Blackpool BC, Preston City Council, Leeds City Council
• British Aerospace
• Sheffield United FC
• Wrexham AFC

Notable Cases

  • Personal Injury

    Lovell -v- Leeds City Council (2009)

    Duty of care in the design and planning of highways

  • Court of Appeal

    Afzali -v- McLaw Roofing (2008)

    Court of Appeal motor fraud case

  • Personal Injury

    White -v- Eastman (2006)

    Periodical payments in multi-million pound personal injury claim

What the directories say

An experienced junior specialising in motor insurance fraud claims. He has advised on all aspects of fraud, including contempt proceedings, and is also deeply involved in assisting insurers and local authorities on how best to investigate and uncover fraud rings. "He's very good and has a reassuring, natural manner before the judge."

Chambers UK, 2017

Primarily represents defendants, including insurers, corporate clients and local authorities, particularly those who are facing potentially fraudulent claims. He also has significant experience in catastrophic accident and industrial disease cases. "He has a very good manner in court, he is a very reassuring and natural presence in front of the judge."

Chambers UK, 2017

He primarily acts for insurers and local authorities in high-value claims, with notable experience in disputes involving potentially fraudulent claims. His wide-ranging practice also includes employers' liability and industrial disease cases. "He is a very tenacious street fighter who will get stuck in and scrap it out."

Chambers UK, 2016

'Knowledgeable and approachable, and deals with papers speedily'

Legal 500, 2015

Acts and advises on all aspects of motor insurance fraud. He has a particular interest in fraud rings, staged accidents and contempt proceedings. "He's the kind of person you'd want on your side in a courtroom fight: he's quick on his feet and not afraid to ask the difficult questions." "He is a details man who will pick out things that pass me by."

Chambers UK, 2015

Well regarded for his expertise in road traffic accidents. He handles matters for claimants and defendants. "He's the kind of person you would want on your side in a courtroom fight - quick on his feet and not afraid to ask the difficult questions." "He is straightforward and candid in his views. That is appreciated by clients, who want to be told how it is."

Chambers UK, 2015

‘A specialist in personal injury and insurance fraud.’ (Personal injury and clinical negligence)

Legal 500, 2014

‘a natural trial advocate’

Legal 500, 2014

Commentators note his particular expertise in cases of industrial disease.

Chambers UK, 2013

'Offers expertise in industrial disease cases'

Chambers UK, 2012

'Punchy but measured' approach to personal injury litigation

Chambers and Partners 2011

'Recommended.'

Legal 500, 2010

‘Recommended’

Legal 500, 2009

‘Strong, effective Counsel, kept very busy’

Legal 500, 2006

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