Oliver Carr

Notable Cases

• Oliver Carr secures recorded failings and prevention of future deaths report at jury inquest

  Inquest

  Oliver Carr secures recorded failings and prevention of future deaths report at jury inquest 

   

   Oliver, who was instructed by Iftikhar Manzoor and Jade Cartwright at Hudgell Solicitors, represented the daughter of the Deceased who died whilst in the custody of HMP Birmingham. 

   

  Prior to his death, the Deceased, a concealer of drugs on his person when he entered prison, had reported to staff that he had taken the substance known to have been on his person. He was found dead in his cell the next day. 

   

  After an eight day inquest, the jury unanimously concluded that the events examined at the Article 2 inquest highlighted shortcomings in the prison’s procedures and practices that warranted recording. Those shortcomings were in relation to: 

   

  The training of custodial and medical staff at HMP Birmingham in the implementation of policies and procedures designed to facilitate the arrival, processing and housing of prisoners considered 'at risk' or vulnerable.

   

  The lines of communication across custodial staff at HMP Birmingham concerning the effective transfer of information pertinent to the health and wellbeing of incoming prisoners.

   

  The lines of communication between medical and custodial staff at HMP Birmingham concerning the effective transfer of information pertinent to the health and wellbeing of incoming prisoners.

   

  The facilities and resources in the reception area at HMP Birmingham pertaining to custodial staff's ability to monitor and supervise incoming prisoners, particularly those considered 'at risk' or vulnerable.

  The Coroner is making a Regulation 28 ‘Prevention of Future Deaths’ report as a consequence of the inquest. The report will highlight issues identified in the prison’s policies and supervision regimes, noting that the prison was not able to discharge the duty of care it owed to the Deceased. 

   

  Oliver was ably assisted by Jade Cartwright throughout the inquest, without whom the result would not have been possible. 

• Daniel Paul and Oliver Carr represent family of man with psychotic illness who set himself on fire at unmanned petrol station

  Inquest

  Daniel and Oliver represented members of Afolabi Ojerinde’s family at the multi-day inquest into his death. 

   

  The Deceased suffered with psychotic illness. Following a decline in his mental state, he visited an unmanned Tesco petrol station and was able to fill up a water bottle with petrol which he then set alight with a disposable lighter, causing him to suffer from major burns leading to his death. 

   

  The Deceased was able to dispense petrol without a vehicle or authorised container. 

   

  The inquest heard evidence that the Deceased struggled financially, having had difficulties accessing welfare benefits payments from the state, which was a contributory factor in his mental decline. 

   

  Other interested persons to the inquest included Tesco and Chubb, both represented by Kings Counsel. 

   

  After hearing the inquest, the Coroner confirmed that he would be making a Prevention of Future Deaths report to various bodies associated with the petroleum industry. 

   

  The matters relating to the inquest have been widely reported in the press: 

   

  https://www.manchestereveningnews.co.uk/news/greater-manchester-news/warm-welcoming-gentleman-died-tragic-30875926

   

  https://www.manchestereveningnews.co.uk/news/uk-news/fatal-act-protest-against-those-30893010

   

  https://www.bbc.co.uk/news/articles/c3gejzqzkx8o

   

  https://www.thesun.co.uk/news/23800399/man-sets-himself-on-fire-tesco-petrol-station/

   

  https://www.dailymail.co.uk/news/article-12481761/Police-probe-scene-Tesco-petrol-station-horror-man-set-fire-rushed-hospital-life-threatening-condition.html

   

• Oliver Carr secures prevention of future deaths report at inquest

  Inquest

  Oliver represented the Family at an inquest into the death of a 47-year-old pedal cyclist involved in a road traffic collision with a heavy goods vehicle at a roundabout. 

   

  During the course of the inquest, concerns were raised in relation to road markings and signage at the roundabout. It was noted that more appropriate signage might in the future instruct cyclists of the availability of alternative routes of travel, away from the roundabout. 

   

  Pursuant to the Coroners and Justice Act 2009, the Coroner made a Regulation 28 prevention of future deaths report relating to these concerns. The report has been published and sent to Hull City Council and National Highways. 

   

  A BBC news report in relation to the inquest is found at: https://www.bbc.co.uk/news/articles/c1mrez7e2ego.amp.

• Oliver Carr secures costs in fundamentally dishonest claim

  Personal Injury

  Oliver appeared before His Honour Judge Bird (the Designated Civil Judge for Manchester) representing Skyfire Insurance Company instructed by Caitlin Riley of Keoghs Solicitors.

   

  The Claimant alleged that he had been injured in a “rear end shunt” caused by the insured driver.  The Defendant’s case was that there had been no contact at all, and that the claim must therefore be fundamentally dishonest.

   

  Unusually, the Claimant did not attend trial.  Rather than have the case struck out for non-attendance, Oliver persuaded the Court to hear the trial in the Claimant’s absence, and to give a ruling on the merits.  

   

  At the end of the trial, the case was dismissed, with the Judge remarking that it was “impossible” to arrive at any conclusion other than that the claim was fundamentally dishonest.

   

  Given the Court’s findings, Oliver was able to secure an enforceable order for costs under CPR 44.16(1).

• Oliver Carr represents Family at Inquest into death caused by scalding injuries

  Inquest

  The Deceased, who had a history of frailty and limited mobility, would be regularly provided by her carers with a flask of hot water for overnight use. 

   

  Notwithstanding that her carers were aware that the Deceased had suffered from burn injuries as a result of a spillage of the hot water flask only a matter of days before, her carers again provided her with a hot water flask which spilled on her overnight and caused her to suffer from further and more severe burns. 

   

  The Assistant Coroner concluded that the Deceased died of complications resulting from scalds.

• F (on behalf of the Estate of Baby C) v NHS Trust

  Clinical Negligence

  Oliver acted for the Claimant(s), the mother of a new born baby, which involved a claim both on behalf of the Claimant and on behalf of the Estate of Baby C. 

   

  Baby C’s delivery was negligently delayed, causing their tragic death. 

   

  It was admitted by the Defendant that, had Baby C been delivered sooner, they would have survived and avoided all neurological injury.

   

  Oliver advised on quantum and case strategy. 

   

  The claim(s) settled for multi-track value. 

• P v G

  Personal Injury

  Oliver acted for the Claimant, who was contracted to carry out plastering works at a building site when he fell through a rotten plank of wood between scaffolding towers, suffering from multiple traumatic injuries as a result. 

   

  The claim settled for £150k gross of CRU. 

• Oliver Carr represents GP as an Interested Person at inquest into death of her patient

  Inquest

  The Family of the Deceased, who was 81 years old at the time of his death, raised concerns in relation to his alleged late referral to hospital prior to his death. 

   

  Oliver secured a short form conclusion that the Deceased died by way of natural causes. 

   

  The Coroner specifically noted that there were no missed opportunities on the part of Oliver’s GP client and, further, a lack of any earlier referral was not a contributing factor to his death.  

• M v NHS Trust

  Clinical Negligence

  Oliver acted for the Claimant, advising on quantum and drafting the schedule of loss for a lady in her mid-20s who, during the course of surgery which was carried out as a result of her having a suspected ectopic pregnancy, she suffered the negligent removal of her ovary. 

   

  The Claimant later suffered a spontaneous miscarriage, which the Defendant admitted was spontaneously contributed to by the trauma associated with the removal of the Claimant’s ovary. 

   

  The claim settled for multi-track value. 

• Oliver Carr represents Family at the Inquest into the Death of a 33 year old Father Crushed by Lift whilst at Work

  Inquest

  Over the course of a multi-day inquest at Rochdale Coroner’s Court, the Coroner concluded that Mr Sandy Noble, who was working as an engineer’s mate/labourer as part of lift refurbishment works at the Royal Oldham Hospital, died as a result of head and neck injuries after the lift collided with him.  

   

  The Coroner concluded that Mr Noble had pressed a defective stop button which should have had the effect of preventing lift movement. The button failed, leading to the lift system re-energising which enabled the lift to continue moving. This was found to have directly resulted in the impact which caused Mr Noble’s death. 

   

  In her conclusion, Joanne Kearsley, Senior Coroner for Manchester North, noted the failure of safety measures which should have, in isolation, prevented the lift from being able to move.  

• W v S

  Personal Injury

  Oliver acted for the Claimant in this case, on which he advised in conference, advised as to quantum and drafted pleadings. 

   

  The case concerned events in relation to which the Defendant driver pleaded guilty to an offence contrary to s. 47 of the Offences Against the Person Act in the criminal courts. 

   

  The Claimant was partially leaning into the Defendant driver’s stationary vehicle when he suddenly began to drive. The Claimant was dragged alongside the moving vehicle, during the course of which she became unconscious, suffering from multiple injuries as a result. 

   

  The claim settled for multi-track value.

• Oliver Carr appeared for the family at an inquest into the tragic death of a 16 year old in a road traffic collision.

  Inquest

  The deceased was riding a motorcycle when he was dislodged upon a collision with another vehicle.  

  
  The Assistant Coroner noted the sad and tragic circumstances in which the deceased lost his life and extended his thanks to the legal team representing the deceased for their assistance at the inquest. 

• Oliver Carr secures finding of Fundamental Dishonesty

  Personal Injury

  Oliver Carr represented a local authority in proceedings brought against it by a Claimant who alleged that he had injured his elbow and back when he slipped on a churchyard pathway. 

  
  The Claimant’s evidence was that he was unable to play golf for three weeks post-accident and that, after an attempt to play caused him too much pain and discomfort, he altogether avoided playing golf for around one year.    

  
  The Defendant obtained evidence which demonstrated that the Claimant had posted on his social media account photographs of him playing golf on a nationally famous course and commenting that he had “nailed a drive” within one week of his alleged accident. The evidence demonstrated that the Claimant had continued to play golf (including at times at competition level) consistently over a year following the accident. The Claimant was served with this evidence, as well as a letter reserving the Defendant’s right to allege Fundamental Dishonesty. He discontinued his claim thereafter.  

  
  Oliver advised after the Claimant’s discontinuance in relation to prospects and case strategy, assisting the Defendant in preparing and attending an application which was made pursuant to Paragraph 12.4 (c) of PD 44 for the Court to list the discontinued claim for a final hearing in order to make a determination on the issue of Fundamental Dishonesty. The Defendant’s application was successful.  

  
  Oliver attended a final hearing in the County Court at which the District Judge made a finding of Fundamental Dishonesty. The Court found that the Claimant had significantly exaggerated his injuries, and further that he had concealed both a previous back injury and a relevant previous claim from his medical experts.  

  
  The Claimant was ordered to pay the Defendant’s costs of over £11,000 on an enforceable basis.