Mark Burton - Partner
Experience
- Full range of liability claims, particularly EL/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
- Leading individual in Legal 500 since 2006
- Leader in field in Chambers UK since 2008
- "Thorough, knowledgeable, tactically astute, tenacious, and a complete professional" (Legal 500, 2006)
- "Transport claims expert" (Legal 500, 2008)
- "A good communicator who always comes back with a response and an opinion that he can back up" (Chambers UK, 2008)
- “Consistently high level” (Legal 500, 2009)
- "He provides us with a great service and never wastes money" (Chambers UK, 2009)
Major cases
- Municipal Mutual Insurance v Zurich & Others (High Court, 2008). 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 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 fall from scaffolding, featuring successful defence of £1m interim payment application and settlement of £4.2m including periodical payments order.
- Brain injury claim by 2 year-old struck by train after accessing track via unfenced embankment.
- Subtle brain injury claim by motorist following low speed rear-end shunt.
- Psychiatric injury claim by 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 City banker.
- Complex regional pain syndrome claim by helicopter pilot following motorcycle accident.
- Blindness claim by scrapyard worker following fire extinguisher explosion.
- £1m mesothelioma claim by managing director.
- Contempt of court proceedings against claimant who alleged forced retirement and was found to be still working.
Clients
- EL/PL and motor insurers
- Corporates
- Transport operators and contractors
- Local authorities
Professional
- 1999 Qualified in England and Wales
- 2006 Partner, Davies Lavery, including as Head of London Accident & Injury
- 2008 Partner, Kennedys
Recent seminars & publications
- 'Loss of earnings', client seminar, February 2008
- 'EL Policy Trigger Litigation', London Underwriters Group, May 2008
- 'Mediation', Chartered Institute of Insurers, October 2008
- 'EL Policy Trigger Litigation', International Underwriters Association, November 2008
- 'UK Asbestos Developments', International Alliance of Asbestos and Pollution Reinsurers, December 2008
- 'The Blame Game - Contributory negligence & failure to mitigate', client seminar, January 2009
- 'Proactive Claims Handling', client seminar, April 2009
- 'The Asbestos Conundrum', national broker group, June 2009
- Asbestos disease round table, Post Magazine, October 2009
Memberships
- Confederation of Passenger Transport, Claims and Insurance Committee
- Forum of Insurance Lawyers (FOIL)
Office
London
Telephone
020 7667 9356
Practice areas
Occupational Disease
Fraud

