Barrister

Helen Rutherford

Year of call 2010

Personal Injury

PRACTICE SUMMARY

Helen accepts instructions in all areas of personal injury acting for Claimants or Defendants. She has experience in RTAs (injury, credit hire, LVI issues and allegations of fraud etc), highways cases, accidents at work, slips/trips/falls, clinical negligence, employers’ liability and industrial disease. She is instructed for hearings on both liability and quantum, as well as application hearings at all stages of proceedings. In addition to her advocacy work, Helen has a busy paper practice which includes drafting pleadings, compiling schedules of loss and written advices on liability, quantum, evidence and tactics. She has also been instructed on a number of occasions to represent a party at Joint Settlement Meetings and at mediations.

Helen has a particular interest in animal law, including injuries caused by animals and, in particular, equine law (including contracts for sale, professional equine disputes, personal injury and negligent veterinary and farriery treatment). She is on the expert panel of contributors in Horse and Rider magazine, a leading equestrian monthly publication.

She is also experienced in travel law cases including accidents abroad and application of the EC Regulation 261/2004 on cancellation of flights and denial of boarding, and application of the Package Travel Regulations.

Helen is fluent in Spanish and is experienced in advising on quantum of damages in accordance with Spanish law.

Helen has experience representing parties at CICA appeals. She has also represented parties at a number of inquests.

PERSONAL INFORMATION

Helen is a keen horse rider and regularly competes with her horse Albert. She has also obtained a number of equine qualifications through both the BHS and the ABRS, as well as a certificate in equine nutrition.

Helen is fluent in Spanish and has an extensive knowledge of the Peruvian justice system. She has also previously been involved in the translation of legal documents, statutes and case law.

Helen has also written papers on legal and social issues which were the subject of discussion at international symposiums.

AREAS OF PRACTICE

  • Personal Injury
  • Animal Law (including Equine Law)
  •  Credit Hire
  • Occupiers’ Liability
  • Employers’ Liability
  • CICA Appeals
  • Industrial Disease
  •  Armed Forces Compensation Claims
  • Inquests
  • Travel Law
  •  Costs Applications (set aside, relief from sanctions etc)
  • Clinical Negligence
  • Professional Negligence

NOTABLE CASES

Re RH: successful CICA appeal where the case had previously been refused on the basis that the applicant had failed to cooperate with the police following his injury
Successfully represented the owner of a horse which kicked a car while being ridden on the road.

Rhodes v Bourne Leisure:
Successfully represented a Claimant who had fallen from a grass verge at a holiday park, suffering a head injury, in her claim for personal injuries. The first instance decision, finding primary liability rested with the Defendant holiday park company, was upheld at appeal before HHJ Platts. Helen represented the Claimant at both first instance and the appeal.

Young v Maltby Colliery:
successfully represented the Claimant in the trial on limitation in respect of his claim for damages for noise induced hearing loss.

Successfully defended a veterinary practice against a claim for professional negligence in relation to whelping puppies.

Helen is frequently instructed on cases involving credit hire, and has successfully argued issues of misrepresentation and enforceability of contracts for credit hire. She has a particular interest in cases involving damaged fleet vehicles.

Inquests

Represented the driver of a vehicle involved in a fatal road traffic accident involving a motorcycle, with issues of encroachment into the opposing lane and speed.

Represented the driver of a lorry involved in a fatal head-on collision in an inquest which included consideration of written and oral medical evidence.

Seminars

Animal Law – Zenith Chambers PI update October 2015

Employers’ Liability – Zenith Chambers Wine and Wisdom series 2014

General Damages Update – Rudding Park PI Update October 2013

General Damages post-Jackson ­ - Rudding Park Jackson Seminar April 2013

Animal Claims – Rudding Park PI Update October 2012

RTA Update – Rudding Park PI Update October 2012

Helen has also delivered seminars to local equestrian businesses and agricultural colleges on all aspects of equine and agricultural law.

Helen has delivered a number of individually-tailored seminars in house at solicitors’ firms on topics including travel law, animal law, pedestrian claims, loss of earnings and armed forces compensation claims.

Helen Rutherford

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