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Jerome Silva

Year of call: 2001

VAT No: 176790072 | BSB Registration Click Here

Email: Send Email | Download full CV

Practice Profile:

Jerome has an extensive Common Law practice that includes personal injury, clinical negligence, local government, general commercial and inquests & inquiries. He has also been instructed in relation to product liability, gross negligence manslaughter and accidents involving aircraft.

Jerome is instructed by both Claimants and Defendants and has acted on behalf of many NHS Trusts. He has advised in respect of very high value High Court claims and appeared before the Court of Appeal as well as being seconded in litigation before the Supreme Court.

Negligence & Personal Injury:

Jerome has extensive Claimant and Defendant experience in relation to all areas of litigation involving general negligence and personal injury including:

  • Accidents involving aircraft (including defended High Court litigation involving a collision between a tractor and a commercial aircraft as a result of unconsciousness due to vasovagal syncope)
  • Aircraft loss of use (quantum of damages resulting from aircraft being grounded)
  • Package Travel Regulation claims (including before the High Court)
  • Gross negligence manslaughter – death due to acute renal failure caused by the taking of a slimming supplement containing Dinitrophenol
  • Acute food poisoning (food consumed in a public house resulting in death)
  • Automotive product liability claims: (e.g. negligent servicing of a car resulting in sudden combustion whilst being driven/contaminated petrol claims);
  • Industrial disease claims: asbestosis, mesothelioma, sinonasal adenocarcinoma; advising on Holtby discounts
  • Unusual medical conditions on liability: advising as to medical evidence on causation involving instances of hypoglycaemia, automatism, diabetic coma and epilepsy
  • Quantifying loss of use and loss of revenue across a range of chattels
  • Animals Act litigation (with particular expertise in accidents involving horses and dog bite cases)
  • Road traffic accidents (including fatalities)
  • Credit Hire disputes (enforceability; exemption; illegality; impecuniosity)
  • Fraudulent Claims (staged/induced accidents, exaggeration, pleading and insinuating fraud – effect on costs)

Clinical Negligence:

Jerome has experience representing both Claimants and Defendant Hospital Trusts in a range of disputes involving general trauma and orthopaedic surgery:

  • Vaginal mesh repair (issues of informed consent; negligent surgical procedure; post-operative review)
  • Caesarean sections
  • Forceps deliveries – improper use, excessive force
  • Obstetric haemorrhage and uterine inversion
  • General orthopaedic Surgery: failure to diagnose; negligent surgical procedure

General Commercial:

Jerome has a broad commercial practice having advised on or appeared in a range of commercial disputes including:
Insurance/reinsurance litigation (including early work on multi-jurisdictional film finance reinsurance litigation), material non-disclosure and misrepresentation in the context of contracts of insurance, commercial fraud, as well as fraudulent and exaggerated claims. He has experience of obtaining and resisting High Court injunctions arising from a range of disputes. Additionally Jerome has been instructed in relation to disputes arising out of the Consumer Rights Act, sale of goods and claims arising out of general contractual disputes such as agency agreements (notably estate agency and banking). Jerome has advised in relation to a number of claims arising out of aviation and travel, including serious accidents involving commercial aircraft, cost of repairs and damages for loss of use.

Inquests and Inquiries:

Jerome has acted for local and central government, companies and on behalf of insurers as well as on behalf of families of the deceased at Coroner’s Inquests. Unusually for practitioners in this field, Jerome’s practice is strengthened through his expertise across serious criminal cases involving murder, manslaughter by gross negligence and causing death by dangerous driving. Previous inquests include:

  • Death in custody and in a health setting (including suicide in mental health institutions)
  • Death from food poisoning by a commercial pub chain
  • Gross negligence manslaughter involving toxic health supplements distributed by a gym
  • Fraudulently induced road traffic accidents resulting in death

Degrees:

• LL.B (Exon), (Scholarship: Duke of Edinburgh Scholar, Inner Temple)

Professional Memberships:

• Inner Temple
• London Common Law & Commercial Bar Association
• Professional Negligence Bar Association
• Personal Injury Bar Association
• Liberty

Interests:

Cricket (esp. of the West Indies Test Team 1974 – 1991); Petanque; 90s Hip-Hop.

  • Case Profile