Mark Burton

Experience

Full range of liability claims, particularly employers liability (EL)/public liability (PL), motor and fatal accidents.
Catastrophic injury and large losses, including brain and spinal injury, amputations, multiple trauma, periodical payments, care funding, and rehabilitation management.
Transport claims and issues affecting the bus, rail, and haulage sectors, including a well known rail disaster and rail industry dispute resolution via CAHA and the RIDR Committee.
Occupational disease claims, including asbestos, asthma, silicosis, hearing loss, acoustic shock, vibration, work-related upper limb disorders, bladder cancer and stress.
Advising uninsured corporates on progressive solutions for their long-tail disease liabilities.
Test litigation.
Claims issues including mediation, fraud and malingering, policy coverage, insurance insolvency, jurisdiction and international claims, auditing and pre-litigation claims handling.

Directories

"Continues to impress" - Chambers UK, 2011
"Recommended" - Legal 500, 2010.
"He provides us with a great service and never wastes money" - Chambers UK, 2009.
"Consistently high level" - Legal 200, 2009.
"A good communicator who always comes back with a response and an opinion that he can back up" - Chambers UK, 2008.
"Transport claims expert" - Legal 500, 2008.
"Thorough, knowledgeable, tactically astute, tenacious, and a complete professional"- Legal 500, 2006.
Leading individual in Legal 500 since 2006 and in Chambers UK since 2008.

Major cases

Durham v BAI and Others - Supreme Court, 2011. The EL Policy Trigger Litigation relating to whether mesothelioma is covered at the date of exposure or injury.
Finster v Arriva - Supreme Court Costs Office, 2007. £1.4m whiplash claim by a City trader settled for £10,000 and leading to costs sanctions on account of exaggeration.
Jest v Thistle Hotels plc - Court of Appeal, 2001. Burden of proof in fraudulent EL claims.
Brain injury claim relating to a fall from scaffolding, featuring successful defence of £1m interim payment application and settlement of £4.2m including periodical payments order.
The Hatfield Derailment.
The Madonna Stage Collapse in Marseille, France.
Brain injury claim by a two year-old struck by a train after accessing the track via unfenced embankment.
Subtle brain injury claim by a motorist following a low speed rear-end shunt.
Psychiatric injury claim by a Polish migrant assaulted in the UK, involving quantum issues of loss of chance of UK earnings and assessing care regime at local Polish rates.
£2m stress claim by a City banker.
Complex regional pain syndrome claim by a helicopter pilot following a motorcycle accident.
Blindness claim by a scrapyard worker following a fire extinguisher explosion.
£1m mesothelioma claim by a managing director.
Contempt of court proceedings against a claimant who alleged forced retirement and was found to be still working.

Clients

Seminars and publications

Co-editor of Kennedys' Catastrophic Claims Guide.
The role of the care expert in catastrophic claims, client workshop, October 2011.
EL policy trigger litigation, LUG conference, September 2011.
CAT claims: pushing the boundaries, client workshop, May 2011.
A collaborative approach to CAT claims - can it work?, client workshop, November 2010.
Bolton bites back, client seminar, October 2010.
Part 36 workshop, Lloyds syndicate, May 2010.
Interim payments: advantage defendants?, client seminar, April 2010.
Policy triggers in practice, Occupational Disease Unit national conference, March 2010.
Legal processes refresher, rail infrastructure controller, January 2010.
Quantum issues in international claims, client seminar, November 2009.
Asbestos disease round table, Post Magazine, October 2009.
Proactive claims handling, client seminar, April 2009.
The blame game - contributory negligence and failure to mitigate, client seminar, January 2009.

Personas