Philip Banks

My team and I have worked on many notable cases, including:

Costa Concordia – In January 2012, the Costa Concordia cruise ship capsized and sank off the coast of Italy, resulting in 32 deaths and many other injuries. My team successfully represented both passengers and crew members in claims made in England and Italy.

X v Kuoni – This is the leading case involving the rape and sexual assault of a client on a package holiday. This case established the principle that a Tour Operator is responsible for a rape or sexual assault committed by hotel or cruise ship staff on clients who are on package holidays. To achieve this outcome, my team had to take this case all the way to the Court of Justice of the European Union, the highest civil court in Europe. This case now acts as a key precedent in other cases and has helped us to get justice for other clients who have experienced similar assaults.

R v L – My team acted for the family of a very successful businessman who was tragically killed in a road accident in Menorca, Spain. This led to what’s believed to be the largest ever award of compensation involving a fatal accident in Spain.

F v First Choice – My team acted for a toddler who sustained awful burns following a scalding incident in a holiday apartment. The case was successfully pursued to a trial, where the Tour Operator was found to be liable for the injuries. After the trial, we were able to secure an award to pay for life-changing treatment.

We meet all our clients face to face. Once the initial meeting has taken place, we gather further documentary, factual and expert witness evidence to build a case against the Defendant and their insurers.

We also consider at the outset in which country we can bring the claim. This is a key decision in cases involving accidents abroad or in cases of foreign nationals who are injured in the UK.

Once we have the necessary information to take the case forward, we’ll try and work collaboratively (but assertively) with the Defendant to seek an interim payment. These are early compensation payments that can pay for effective rehabilitation as we work with the client as a team to rebuild their life. The focus is on more than financial compensation; it’s using the money to change our clients’ lives for the better.

Once all the necessary evidence has been obtained, we’ll seek to agree appropriate compensation from the Defendant. If an amicable settlement can’t be reached, we’ll vigorously pursue the case to trial, at all times keeping our clients at the centre of the process.

After an initial phone conversation, we’ll always meet you face to face, usually either in hospital or at your home depending on what’s most convenient for you.

At this meeting we’ll take full details of the circumstances of the accident, the injuries sustained, and the effect they’ve had on your life. We’ll then discuss any immediate needs, advise you about the legal process, and develop an initial strategy on the next steps to be taken.

We’ll also advise you of your options on how to fund your claim. The most advantageous options for clients are usually via a no win, no fee agreement, where you’ll pay nothing if your claim is unsuccessful, or by legal expenses insurance.

A key outcome of the meeting is to establish a trusting relationship. We want you to leave the meeting knowing that we’ll commit to leaving no stone unturned to secure the best outcome and that we will work collaboratively to achieve this.