Charlotte Wilk

Areas of expertise

• Clinical negligence & personal injury
  • Clinical negligence

    Clinical negligence

    Charlotte undertook a specialist Clinical Negligence and Personal Injury Pupillage. She has a fervent interest in Women’s Healthcare and ethics. Her interest in medical law was spurred by her background in healthcare documentaries, having produced broadcasts for the likes of the American College of Obstetricians and Gynaecologists, and the World Heart Federation, whereby she interviewed some of the world’s leading surgeons and clinical researchers. She has recently been awarded a Pegasus Scholarship by the Inner Temple, focusing on reproductive justice in the USA.

    Charlotte has experience pleading schedules and counter schedules of loss and advising on liability, quantum, and settlement parameters. She has represented both Claimants and NHS Trusts.

    Recent Work

    Charlotte’s experience of clinical negligence for her level of call is extensive, and includes exposure to:

    • • Claims under the Fatal Accidents Act 1976
      • Claims arising out of delays in diagnosing cancer
      • Cases involving secondary victims and psychiatric injuries
      • Orthopaedic surgical errors
      • Ophthalmological cases
      • Obstetrics and gynaecology cases
      • Failure to diagnose and treat endocarditis
      • Various sepsis cases
      • Erb’s Palsy cases
      • Emergency Medicine cases
      • Geriatric Medicine cases
      • Hirschsprung’s disease claims
      • The vaginal mesh litigation
      • Failure to diagnose hip dysplasia claims
      • Compartment syndrome cases
      • Complex cauda equina cases

     

    She has a keen interest in quantum and routinely drafts headnotes for the Personal Injuries and Quantum Reports (PIQR) (Sweet & Maxwell).

    Charlotte is also developing a specialism in costs and funding; she has appeared in numerous detailed assessments in PI / Clinical Negligence matters including involvement in the costs assessment of a multi-million-pound child brain injury case. For more information on Charlotte’s costs practice, please see her “Costs and litigation funding” section.

  • Personal injury

    Personal injury

    Charlotte is interested in personal injury and has represented parties in numerous multi-track and fast track matters. She routinely represents clients at interlocutory hearings and has considerable experience advising on quantum in a range of personal injury disputes. She also assists the editorial board with drafting headnotes for the Personal Injuries and Quantum Reports (PIQR) (Sweet & Maxwell).

    Charlotte has represented both Claimants and Defendants in liability disputes arising out of road traffic accidents and cycling accidents (including claims under the Highways Act 1980), as well as Occupiers’ Liability cases. Charlotte also has experience of trials involving collisions with buses and emergency service vehicles. She has secured successful outcomes in numerous credit hire cases, particularly high-value Basic Hire Rate disputes; she also has experience in credit hire cases involving taxi cabs and commercial vehicles.

    Recent Work

    • Assisted Charles Bagot KC with the researching and drafting of an expert report in the matter of Roberts v Islamic Public of Iran(20-cv-1227-RCL 07-05-2023), a case concerning explosively formed perpetrator (“EFP”) attacks carried out by Iran-supported insurgents during the United States’ military occupation in Iraq. The report considered a choice-of-laws dispute and opined on whether the plaintiffs had any entitlement to damages as secondary victims of state-sponsored terrorism. Specifically, the report examined the potential applicability of the Victims of Overseas Terrorism Compensation Scheme, and the Criminal Injuries Compensation Scheme 2012.
    • Charlotte is a confident trial advocate with extensive experience of witness handling and submissions. She has acted as sole counsel in multi-track trials pleaded up to £400,000.
    • She has recently assisted an applicant with securing damages following a brain injury; she made submissions before the First-Tier Tribunal (Criminal Injuries Compensation).
    • She has experience in Personal Injury CCMCs, including representing a client in a case management hearing in the High Court (King’s Bench Division) in a claim pleaded in excess of £1.5 million.
    • She recently acted for a Defendant in resisting an application under s.33 of the Limitation Act 1980; despite a very modest delay in issuing, the Claim was successfully struck out.
    • Has assisted Colm Nugent and Jasmine Murphy with numerous workplace accident claims.
    • Charlotte particularly enjoys detailed quantum work, such as infant settlement approval advices.
    • She routinely represents Claimants and Defendants in interim applications (allocation, strike out, summary judgment, amendment).
    • Charlotte has represented parties in numerous interlocutory hearings concerning permission for expert evidence, as well as permission for increasing the claim value.
    • Frequently attends MOJ Stage 3 hearings and final disposals.
    • Experience as an advocate in fast-track trials, including multi-party claims under CPR Part 20.
    • Advising on liability and quantum in a range of cases including Road Traffic Accidents and Public Liability matters.
    • Drafting pleadings in EL/PL claims.

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    Given her previous career in sales, Charlotte particularly enjoys negotiating settlements and advising on risks. She enjoys tackling novel points of procedure and has appeared unled in a reported case on CPR Part 36 in the matter of Libreville Co Ltd. v Hagai [2022] 10 WLUK 701.

    In complement to her Injury work, Charlotte is developing a specialism in costs and funding; she has appeared in numerous detailed assessments in PI / Clinical Negligence matters including involvement in the costs assessment of a multi-million-pound child brain injury case. She also recently successfully represented a client on a pro bono basis in a complex solicitor-client dispute concerning the alleged breach of CFA and retainer terms; the Judge agreed with her submissions that the Personal Injury Firm had terminated the retainer. For more information on Charlotte’s costs practice, please see her “Costs and litigation funding” section.

  • Inquests & inquiries

    Inquests & inquiries

    Charlotte is currently part of the Counsel team instructed by the Cabinet Office on the national Covid-19 Inquiry. She is interested in undertaking further work in public inquiries.

• Costs and litigation funding

  Costs and litigation funding

  Charlotte is interested in specialising in costs and litigation funding. She has recently been published in print in Costs Lawyer, and online for The Association of Costs Lawyers.

  She has already built a considerable costs practice for her level of call, and routinely appears in the SCCO (High Court). Charlotte has represented both receiving and paying parties at preliminary issues hearings, interlocutory costs hearings, and line-by-line assessments.

  Recent Work

  • Charlotte was recently led by PJ Kirby KC in the Supreme Court; she acted as second junior counsel, representing the RHA in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28 – a case concerning third party litigation funding, which featured in The Lawyer as one of the Top 10 Appeal cases of 2023.
  • Junior counsel to Robin Dunne in the case of HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO), and five associated clinical negligence detailed assessments.
  • Charlotte has appeared as sole counsel in the SCCO (High Court) in Libreville Co Ltd. v Hagai [2022] 10 WLUK 701. This case concerned a novel point on the interplay between CPR Part 47 (Detailed Assessment) and CPR Part 36, securing a windfall for the paying party.
  • Charlotte has successfully represented the receiving party in the SCCO (High Court) in the Detailed Assessment of an unlawful eviction claim, whereby her clients beat their Part 36 offer at the final assessment and were awarded substantial indemnity costs. In particular, she succeeded in dismissing one of the preliminary points of dispute which concerned the legal aid retainer, apportionment, and complex issues of common generic costs and the indemnity principle.
  • Charlotte has appeared in a case management hearing in the High Court (King’s Bench Division) for a claim pleaded in excess of £1.5 million.
  • Charlotte has been successful in an unled interlocutory application hearing in the SCCO (High Court) whereby she debarred the defendants from making submissions at the final disposal.
  • She has recently successfully represented a client on a pro bono basis for Advocate in a complex solicitor-client dispute concerning the alleged breach of CFA and retainer terms.
  • She has recently appeared in a high-value clinical negligence preliminary issues hearing whereby the solicitors’ lien as to costs was in dispute.
  • Charlotte has recently advised on CPR Part 47 (Detailed Assessment) for a London Council, significantly reducing costs in a disrepair matter.
  • Charlotte has recently negotiated a costs settlement in a claim under the Environmental Protection Act 1990.
  • She also has experience advising on the provisional assessment procedure.
  • Whilst on her feet, Charlotte has considerable experience tackling costs issues in CCMCs and final disposals in personal injury, credit hire, housing, road traffic, and commercial disputes, including high-value fast-track and multi-track matters.
  • During Pupillage, Charlotte prepared an Advice for a leading costs expert on an Insurance fraud claim concerning a procedural matter relating to CPR Part 36.

   

• Housing (social & privately rented)

  Housing (social & privately rented)

  Housing is an expanding area of Charlotte’s practice. She recently undertook a secondment with Harrow Council whereby she was working on disrepair and housing matters for the Civil Procedure team. In her own practice she regularly attends residential possession hearings and urgent housing matters such as injunctions. She also has experience drafting defences in Property matters and attending landlord and tenant trials as well as enforcement hearings.

  In terms of possession work, she has been involved in hearings concerning the validity of s8 and s21 notices, trespassers claims, equality act claims, and notices to quit. She also has experience in cases involving breaches of environmental legislation, and was recently sole counsel in a commercial lease dispute.

• Insurance funded disputes

  Insurance funded disputes

  Charlotte recently assisted Nigel Jones KC and Sarah McCann with research on motor insurance issues, with particular focus on EU Directive 2009/103/EC and the European Communities (Rights Against Insurers) Regulations 2002.

  Charlotte has a strong track record in negligence claims involving insurers. You can see details of her experience in the Personal Injury and Professional Liability sections of her profile.

   

• Commercial dispute resolution

  Commercial dispute resolution

  During her previous career in sales account management, Charlotte had extensive experience of negotiations with C-level executives. She enjoys working in corporate environments and is therefore keen to expand her commercial practice at the Bar.

  Charlotte has experience handling debt claims and claims involving breach of contract and sale of goods. She has recently been involved in a trial concerning the applicability of contra proferentem to leases and relishes disputes concerning the interpretation of contracts. She has extensive experience acting for financial institutions and lenders in cases involving the Consumer Credit Act 1974. She also has experience of enforcement proceedings.

  Her work in commercial dispute resolution complements her expanding costs and litigation funding practice, where she routinely appears unled in the SCCO (High Court). She was recently instructed in the Supreme Court as second junior counsel to the RHA, led by PJ Kirby KC, in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28.

• Professional liability

  Professional liability

  During pupillage, Charlotte gained exposure to cases involving the alleged negligence of legal professionals, including in relation to the under settlement of clinical negligence cases. Charlotte has also dealt in her own right with a strike out application in a professional negligence action.