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Charlene McConville

Principal Associate

Biography

Charlene is a solicitor in our casualty insurance team handling a range of employers’ and public liability (EL/PL) claims. She joined Weightmans LLP as a newly qualified solicitor in 2013. Charlene was subsequently employed by AIG Europe Ltd. as an in-house solicitor for 2 ½ years before returning to Weightmans LLP in 2017. 

With 15 years’ experience in defence litigation, Charlene is a trusted and well-regarded legal advisor to her insurer and commercial clients.

In addition to her main practice, she also handles indemnity claims pursuant to the Civil Liability (Contribution) Act 1978 as pursuer and pursed on the grounds of contractual, common law and/or statutory breach. She has advised on construction, property damage, product liability, professional negligence and coverage disputes.

As a former Diversity Champion and Council Member for the Manchester Institute of Insurance, and former Assistant Treasurer for the Manchester & District Medico-l Legal Society, Charlene has built a solid professional network within the Manchester insurance industry.

Charlene is a member of Chartered Institute of Insurance; affiliated to the Manchester Institute of Insurance. She attends educational and networking events hosted by the CII regularly.  Charlene has successfully completed a Diploma in Insurance, an internationally recognised technical and supervisory qualification. 

Notable cases

  • Secured strike out of employers’ liability claim consequent to (a) ambiguities raised in relation to factual and medical causation not addressed within CPR Part 18 Replies and (b) the claimant’s failure to comply with case management directions. Qualified one way costs protection (QOCS) disapplied. 
  • Secured agreement whereby Part 20 claimant discontinued claim against our Part 20 defendant based on the robust response to the claim resulting a recovery of our costs on a 100% basis.
  • Secured finding of fundamental dishonesty at trial where claimant was found to have exaggerated special damages beyond the prognosis period offered by his medico-legal expert. Claimant had challenged the opinion of the medico-legal expert at trial despite having confirmed his agreement with the opinion and prognosis within the particulars of claim and witness statement. The claimant’s subsequent application for permission to appeal was successfully dismissed.  Costs recovered on a 100% basis resulting in excellent outcome for client.
  • Successful application to set aside the claimant’s purported service of a claim form and declaration that the court has no jurisdiction. The claimant’s counter application for relief from sanction was dismissed. 
  • Successful indemnity of client’s outlay and recovery costs associated with the client’s settlement of a public liability personal injury claim. The client had an agreement with a contractor in relation to the inspection and maintenance of the area in question. The contractor denied breach of contract however the contractor’s interpretation of fulfilment of its obligations fell short.

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