Mark Walsh
Mark.Walsh@kennedyslaw.com
+44 1212 148 001
Download contact card
Profile
Mark is a partner in our Birmingham office. He qualified as a solicitor in England and Wales in 2002 and joined Kennedys in 2015.
He advises composite insurers and large corporate clients in relation to the investigation and defence of personal injury claims, with a particular emphasis on high value and catastrophic injury claims. He is experienced in handling claims involving brain injury, spinal injury, pain syndromes and severe psychiatric illness, as well as investigating exaggerated claims. Mark has a particular interest in brain injury cases and has monitored the development of sport concussion issues. He has interviewed Prof Belli (Birmingham University) in relation to his work developing a concussion test using saliva.
Mark has been involved in several notable and reported cases including Farrugia v Burtenshaw [2014] which involved a 17 year-old who suffered a severe brain injury in a road traffic accident and was left with profound communication and physical disabilities for which he required 24 hour care. There was a significant loss of chance claim based on the claimant becoming a professional footballer. The main issues at trial were the cost of care and whether the insurer (which was by then in administration) was “secure” for the purposes of the regulations. The annual periodical payment order (PPO) in the case was around £250,000.
Mark has recently advised a hire car company in respect the implications of one of their vehicles being involved in a major terrorist incident.
Mark has delivered client based training on a full range of personal injury related topics including the assessment of general damages, calculating care claims, issues surrounding chronic pain cases and fundamental dishonesty. Mark has also worked closely with insurers in developing and refining their referral process to ensure the identification and handling of higher value cases at an earlier stage.
He is also a member of the Forum of Insurance Lawyers (FOIL).
Qualifications
- Qualified in England and Wales in 2002
Mark Walsh is a partner based in Birmingham but a leading lawyer at a national level. Always looking to use the law creatively to his client’s advantage, often successfully, but a pragmatic litigator at heart he counts many senior insurers amongst his fans.
Market recognition
-
Next Generation Partner and recommended lawyer for 'Personal injury: defendant (West Midlands)'
"Mark Walsh is a partner based in Birmingham but a leading lawyer at a national level. Always looking to use the law creatively to his client’s advantage, often successfully, but a pragmatic litigator at heart he counts many senior insurers amongst his fans."
The Legal 500 UK 2024Next Generation Partner and recommended lawyer for 'Personal injury and clinical negligence: defendant (West Midlands)'The Legal 500 UK 2023 - Next Generation Partner and recommended lawyer for 'Personal injury: defendant (West Midlands)'
"Mark Walsh receives plaudits for his work on a variety of high-value and catastrophic injury claims."
The Legal 500 UK 2022 - Recommended lawyer for 'Personal injury: Defendant (West Midlands)'
"Mark Walsh – experienced professional solicitor who specialises in our large loss claims.
The Legal 500 UK 2021 - Next Generation Lawyer and Recommended Lawyer for 'Personal injury: defendant (West Midlands)'
The Legal 500 UK 2019/20 - Recommended Lawyer for 'Personal injury: defendant (West Midlands)'
"…is ‘a tremendously able solicitor’ and ‘a very skilled operator’."
The Legal 500 UK 2018/19
Awards
Work highlights
- Managed a claim worth approximately £10 million in respect of a severely brain-injured teenager with a promising football career, which included a significant loss of chance claim, a very significant care package and considered whether or not a periodical payment order was appropriate (Farrugia v Burtenshaw [2014]).
- Managed a claim worth approximately £11 million in respect of a teenager who had been rendered tetraplegic in a road traffic accident.
- Successfully defended a claim in respect of causation regarding a contention that a deep vein thrombosis the claimant had suffered five weeks post-accident was causatively linked to a minor rear end shunt. The claimant was a serving police officer but was found by the judge to have been a consistent and deliberate liar. The case was pleaded at over £200,000 but the claimant was awarded just £3,750 and ordered to pay the costs of more than £50,000.
- Managed a claim involving a claimant who had suffered a spinal fracture in a road traffic accident but who had significantly exaggerated the level of her functional disability. The claimant failed to beat the defendant’s Part 36 offer following a five day trial and was ordered to pay significant costs.
- Successfully defended a claim by a passenger in respect of the non-negligent loss of control of a vehicle on black ice (Smyth v Fordyce [2013]).
- Obtained a significant costs order against a claimant following a hearing dealing with the costs implications of late acceptance of a Part 36 offer by a claimant following disclosure of surveillance evidence (Karl Worthington v 03918424 Ltd [2015]).
Insurance and reinsurance