Matthew Hooper

Notable Cases

• N v Flintshire County Council [2024]

  Represented the Defendant local authority in a personal injury claim brought by an elderly Claimant who sustained serious orthopaedic injury after cycling into collision with a bollard on a cycle path. The Claimant argued that the bollard was dangerous to cyclists; it being an unnecessary obstruction and not sufficiently conspicuous. The claim was dismissed at trial by HHJ Howells sitting in the County Court at Chester, noting that while more could have been done to make the bollard more obvious to cyclists, it was neither reasonable nor necessary for the Defendant to have done so.

• A v Mulsanne Insurance [2024]

  Instructed by the Claimant in a personal injury claim arising from a road traffic accident in which the Claimant was knocked off his motorcycle and sustained serious injury. Provided early advice in conference against an incomplete and challenging evidential background. Case settled pre-action for £185,000.

• Esure Holdings Limited v Akinsenya [2024]

  Representing the Claimant insurer in tort of deceit proceedings, Matthew secured an award of £7,000 in exemplary damages upon the Court determining that the Defendant had fraudulently misrepresented that his vehicle, insured by the Claimant, had been written off in a genuine accident. In addition to the award of exemplary damages, the Defendant was ordered to pay back almost £20,000 paid under the policy of insurance and costs exceeding £31,000. 

• J v Century Claims Ltd [2024]

  Represented the Claimant in a personal injury claim arising from a serious road traffic accident in which the Claimant’s mother was tragically killed. The Claimant suffered a severe leg injury and associated psychological reaction. The case involved issues surrounding the functional restrictions caused by the orthopaedic injury and causation of ongoing physical and psychological symptoms against a background of significant co-morbidities. Defendant represented by King’s Counsel. Case settled at JSM for £450,000.

• CA v Chief Constable [2024]

  Instructed on behalf of the Claimant in a personal injury claim arising from an RTA. Case involved issues surrounding causation of alleged chronic pain disorder and allegations of fundamental dishonesty. Matthew represented the Claimant through all stages of the case, which settled at JSM for £135,000.

• Goodchild v Zurich Insurance (UK) Limited – 10th February 2023

  Representing the Defendant in a claim arising from a road traffic accident for which breach of duty was admitted but causation was denied. The claim was dismissed with a finding of fundamental dishonesty. HHJ Gregory sitting in the County Court at Liverpool found the accident was not capable of causing injury and that the Claimant had “hijacked this minor coming together and used it as a vehicle for bringing a claim for compensation to which she is not entitled, driven by nothing more than greed.”

• Malicka & Ors v Aviva Insurance Limited – 18th December 2022

  Mr Hooper represented four claimants at trial in a claim for personal injuries arising from a road traffic accident which occurred on 3rd November 2018. The defendant admitted breach of duty but denied causation and occupancy. The matter came before HHJ Hedley sitting in the County Court at Leicester on 18th December 2022. HHJ Hedley found in favour of all four claimants. Mr Hooper contended that, having regard to CPR 45.29C, and in particular Table 6B, the claimants were each entitled to recover fixed costs in accordance with that table. The defendant argued that would be an unjustified windfall and contended that only one set of fixed costs should be awarded. HHJ Hedley found in favour of the claimants and awarded four sets of fixed costs and four separate advocacy fees.

• French v Advantage Insurance Company Limited – 25th May 2022

  Representing the Defendant in a claim for damages arising from a road traffic accident that occurred on 7th April 2020. The Defendant admitted liability for the collision but denied causation of injury. The claim was found to be fundamentally dishonest and dismissed pursuant to section 57 of the Criminal Justice and Courts Act 2015, on the basis the Claimant had pursued compensation for an 8-month injury despite admitting during the course of cross-examination that he had achieved a full recovery within 4 months of the accident. DDJ Neville sitting in the County Court at Wigan found that the Claimant had failed to give a candid account within his statement and his dishonesty did not relate to a collateral matter; it went to the root of the claim.

• Rhodes v Drainage Consultants Limited – 16th April 2021

  Representing the Defendant in a claim brought by an ex-employee for damages arising from an alleged accident at work. Successfully opposed application on the morning of trial to include a claim for handicap on the open labour market and to increase the value of the claim from £15,000 to £30,000. The Claim was subsequently dismissed with a finding of fundamental dishonesty. HHJ Bird sitting in the County Court at Manchester found that the alleged accident did not occur and that the Claimant had ‘deliberately set out to create a claim when he knew there was not one.’