Barrister Profile

Luke read Law at the University of Nottingham, and went on to obtain a Masters from the University of Manchester.  He was called to the Bar in 2011.

Luke has an enviable multifaceted practice, reflecting his wealth of knowledge, keen intellect, and comfort with complex factual matrices.  He concentrates mainly on the following areas:

Commercial/Civil Disputes

Luke regularly represents professionals and corporate bodies in all manner of civil and commercial disputes.  He has recently acted in the following notable cases:

  • represented the claimant at a multi-day trial before the DCJ in Manchester. Case settled by defendant on day two following cross-examination of the defendant’s witnesses.  Issues involved included agency, correct interpretation & implementation of the Gas Act 1986 and the Gas Code, repudiation, rescission, actual and ostensible authority and quantum meruit (to name but a few).
  • representing a cryptocurrency incubator in a commercial dispute with a previously incubated firm.
  • representing the defendants in multiple proceedings, including in the Rolls Building on a contested winding-up petition, and in proceedings brought by a former director involving issues of res judicata, abuse of process, the Aldi Principle, and breach of directors’ duties.
  • representing the claimant in a multi-track case involving issues of correct interpretation & implementation of the Electricity Act 1989 and the Electricity Code, actual and ostensible authority, and quantum meruit.
  • representing the defendant in a claim brought against it for alleged breach of contract. The defendant had contracted the claimant to manufacture and supply inspection chambers for aircraft engines.  The defendant defended and counterclaimed based upon failings/short-comings in the quality of the claimant’s manufacturing.  Issues raised included repudiatory breach, measure of loss, quality of goods and expert drawings.
  • advising a claimant, and drafting on its behalf, in an action for breach of an ‘advance agreement’. Issues involved locus standi of the defendant, misrepresentation and collateral agreements.
  • representing the claimant (a national franchise) in multiple separate claims for breach of various franchise agreements, and breach of guarantees. Cases so far have concerned issues regarding repudiation, improper execution, availability of guarantees.  One case disposed of to date was concluded by way of successful application for summary judgment against both franchisee and four guarantors in excess of £150,000.
  • represented the claimant in the High Court in obtaining an extended civil restraint order against the defendant following successfully obtaining recordings that seven previous proceedings/applications/appeals were totally without merit.
  • representing the claimant, a sector-leading national and international supplier of goods, in a case against a manufacturing company involving issues concerning implied terms as to quality and the exercise of reasonable care and skill. Claim pleaded in excess of £200,000.
  • representing a banking institution in a breach of guarantee case.
  • representing claimants in claims brought under the Inheritance (Provision for Family and Dependants) Act 1975, and advising on issues surrounding the validity of the wills.
  • advising on an alleged breach of trust of a trustee.
  • advising on commercial property issues including dilapidations, service charge disputes, ground rent reviews, and notices.
  • advising and attending court in a property case involving issues regarding constructive trusts, proprietary estoppel, and options to purchase.
  • advising and representing a leading North West home-building company, and also many individuals, in civil building disputes, as claimant and defendant, including cases under the Sale of Goods Act, Supply of Goods and Services Act, and consumer protection legislation.

Clinical Negligence

Luke has extensive experience in successfully representing claimants following negligent medical treatment. He regularly conducts conferences with experts, drafts detailed statements of case, and composes comprehensive schedules of loss. Examples of his clinical negligence work to date include cases of:

  • X v East Lancs Hospitals NHS Trust (ongoing) – failure to perform ABPI measurements and arterial duplex ultrasound scan, thereby failing to diagnose significant chronic peripheral arterial disease, leading to avoidable amputation of forefoot and subsequently below-knee amputation. Seven figure value.
  • X v GP (ongoing) – multiple failures to recognise classic manifestations of early-stage prostate cancer, leading to delay in diagnosis. Claimant’s treatment options now palliative rather than curative.  Claim includes lost years.
  • X v East Lancashire Hospitals NHS Trust (ongoing) – negligent placement of nasogastric feeding tube into lungs, and failure to notice the same, causing permanent damage.
  • X v Royal United Hospital Bath NHS Trust (ongoing) – failure to diagnose ectopic pregnancy leading to avoidable salpingectomy.
  • X v Wrightington, Wigan & Leigh NHS Foundation Trust (ongoing) – failure to diagnose kidney cancer leading to avoidable nephrectomy and metastasis.
  • H v East Lancs Hospitals NHS Trust (2020) – failure to advise baby was large for dates, the significant risks involved in vaginal delivery and the benefits of a C-section, resulting in complicated vaginal delivery requiring extended episiotomy and use of Wrigley’s forceps. Shoulder dystocia occurred.  Claimant suffered permanent vaginal, urological, colorectal and psychological injuries.  Successfully settled.
  • B v East Lancs Hospitals NHS Trust (2020) – failure to follow hospital policy re: guidelines for endophthalmitis following intravitreal injections, leading to total loss of vision. Successfully settled.
  • H v East Lancs Hospitals NHS Trust (2020) – failure to diagnose undisplaced fracture of the proximal pole of the scaphoid, to adequately safety-net and to provide adequate after care following rugby injury. Successfully settled.
  • T v East Lancs Hospitals NHS Trust (2020) – failure to diagnose skin condition as CD30 T cell Lymphoma which subsequently metastasised to his lymph nodes requiring stem cell therapy and sequestration. Previous history of aggressive eczema making diagnosis difficult.  Breach and causation firmly denied.  Successfully settled.
  • C v Private Plastic Surgeon (2019) – multiple failures including consenting issues, negligent performance of surgery on the Claimant’s labia and clitoral hood (elective labiaplasty), and after-care. Expert confirmed surgery amounted to Female Genital Mutilation.  Liability vehemently denied.  Successful at final trial.
  • A v East Lancs Hospitals NHS Trust (2018) – failure to diagnose fracture within the wrist leading to avascular necrosis and eventual requirement for fusion surgery. Claim included significant future losses, but complicated by the claimant having previously sustained a brain injury.  Significant issues as to how that should be accounted for within the clinical negligence claim.  Successfully settled at JSM for six figure sum.
  • W (on behalf of W, deceased) v East Lancs Hospitals NHS Trust (2018) – failure to identify lung cancer visible on CT scan. Experts involved included Consultant Oncologist and Cardiothoracic Radiologist.  Successfully settled.

Serious/Catastrophic Injury

Luke regularly acts in cases whose value exceeds £500,000.  Instructing solicitors often comment that Luke brings real value to a case and his Schedules of Loss are of outstanding quality.  His recent work involved representing a young man who suffered a diffuse axonal brain injury, which settled for in excess of £1million.

Luke is currently representing another gentleman who suffered a significant diffuse axonal brain injury.

Luke is quick to develop a rapport with clients and solicitors, and is happy to respond quickly to emails and calls from those who instruct him looking for a quick view or a second opinion.

When not working, Luke enjoys golfing and climbing as well as wowing crowds playing the Flugelhorn in a brass band.

menary@liverpoolcivillaw.com