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Philip Tracey

Partner

Biography

Philip specialises in employers', public and product liability including policy coverage advice. He advises insurers on catastrophic injury claims of the utmost severity. He has a particular specialism in sports related liability work. He advises two major national sports governing bodies on health and safety matters and regularly represents sports clubs (professional and amateur) in defending claims arising from on- and off-field incidents. He also advises on and conducts arbitrations in sports-related injury claims. He is now instructed on behalf of one of the defendants and its insurers on the “concussion related litigation” being pursued against the national governing bodies by former professional and amateur rugby and football players.

Philip also specialises in disease-related claims particularly those arising from asbestos exposure and stress-related psychiatric claims with an employment tribunal overlap. He has recently advised a number third level education institutions on such claims. Philip regularly advises on all matters relating to vicarious liability for deliberate injury or otherwise.

In addition, Philip specialises in the defence of regulatory prosecutions brought be the HSE, EHO or other regulatory bodies. He regularly represents clients following major incidents involving serious or fatal accidents. He is frequently instructed to attend the immediate aftermath of an accident to advise on responses to the HSE and police particularly in connection with potential corporate or common law manslaughter charges. Philip regularly advises on attendance at and response to interviews under caution through  to defending clients in court.

In connection with both his civil and criminal practice, Philip often advises and represents clients at inquests. He advises clients on media approaches and responses in all matters.

Philip regularly lectures to clients and others on a wide variety of topics. He is a Solicitor-Advocate and was member of the Law Society's civil litigation committee for over 10 years.

Notable cases

  • Smolden v Whitworth and Nolan 1998 Court of Appeal;
  • Allport v Wilbraham 2004 Court of Appeal;
  • Gray v FAFS Ltd and others 2006 Court of Appeal;
  • Zurich Insurance v Falcongate Freight Management Ltd 2008 Court of Appeal; and
  • Watts v King 2023.

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