Q&As

Is a PI claim against a beauty salon a public liability case?

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Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on: 14 November 2016

Will a personal injury claim against a beauticians (who are trading as a limited company) be classified as a public liability claim? Would the EL/PL pre-action protocol apply to this type of case?

The applicable Pre-action protocol will depend upon the nature of the case against the beautician to be pursued. If the claimant is an employee of the beautician, or a member of the public simply visiting the beautician’s premises, then (if it has a value of less than £25,000) the Pre-Action Protocol for Low Value Personal injury (Employers' Liability and Public Liability (EL/PL)) Claims (the EL/PL Protocol) will apply to the claim. For more information on this protocol, see Practice Note: The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims.

Matters become less clear, however, if the proposed claim is for treatment provided by the beautician. Such would, it is suggested, be a claim for professional negligence, as this would be a claim based upon the alleged failure of the beautician to discharge their duties with the skill and care

Jamie Gamble
Jamie Gamble chambers

Jamie practices exclusively in the areas of personal injury and clinical negligence. He is ranked as a tier one leading junior for personal injury and clinical negligence (Midlands) in the 2016 edition of the Legal 500, which states that he is “a great all-round barrister”. He is also one of only 31 junior barristers in the country to be approved by the Spinal Injuries Association for catastrophic injury work.

Much of his work is now of substantial value (acting with or without a leader) and includes claims of the utmost severity and death.

Jamie has significant experience of all areas of personal injury work, including accidents at work, public liability claims, road traffic accidents (including claims against the Motor Insurers’ Bureau), industrial disease, CICA claims, and claims involving allegations of fraud.

Recent and ongoing cases that Jamie has been involved in have included: (i) cases of severe brain injury, including an ongoing case with a potential value in excess of £3 million and Re M (2014), a CICA claim where an award of £365,000 was obtained; (ii) Re G (2016), negligent abdominal surgery, settled for in excess of £500,000; (iii) Re B (2016), death caused by infection and necrotising fasciitis, settled for £425,000; (iv) Re A (2014), fatal road traffic case settled for £265,000; and (v) B v P (2013), above knee amputation following a motorcycle accident, settled for £1.6 million.

Jamie also regularly lectures to solicitor and insurer clients on legal developments and civil procedure.

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Jurisdiction(s):
United Kingdom
Key definition:
Personal injury definition
What does Personal injury mean?

An injury to the body or mind as opposed to property.

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