Helena Drage

Areas of expertise

• Clinical negligence & personal injury
  • Personal injury

    Personal injury

    Helena has developed a broad and successful personal injury practice, specialising in catastrophic injuries arising from road traffic accidents and accidents at work. Helena has significant experience with serious orthopaedic and nerve injuries and traumatic brain injuries. She has experience in accidents which have occurred out of the jurisdiction, and claims under the Fatal Accident and Law Reform (Miscellaneous) Provisions Acts. Helena has comprehensive experience in all aspects of procedural law as it relates to personal injury including advising on the validity of numerous offers to settle and in making applications for disclosure of expert’s instructions. Helena has experience dealing with complex legal arguments on liability, causation and quantum, and has particular expertise with loss of dependency and services claims. She is an experienced trial advocate and has a proven track record acting for claimants and defendants at JSMs.

    Recent cases:

    • BB v RP: Helena acted for the claimant in this serious orthopaedic injury claim. The pedestrian claimant had no recollection of the accident raising difficult issues on liability and causation.
    • RM v HC: Helena acted for the claimant in this multi-track claim under the Occupier’s Liability Act relating to the safety of a scaffolding system.
    • BH v MOJ: Helena acted for the MOJ, successfully defending the claimant’s application to strike out the Defence and successfully cross-applying to strike out the claimant’s claim on the basis that it was procedurally defective. The claim related to injuries said to have been sustained in prison for the prison’s failure to provide proper equipment.
    • XX v MOJ: Helena represented the MOJ, successfully defending the claimant’s non-party disclosure order and successfully applied for the MOJ’s costs to be paid on the indemnity basis.
    • KB v MOD: Helena acted for the Ministry Defence in a claim for psychiatric harm alleged to have been suffered during the claimant’s career in the Army. Helena provided advice on procedure as well as the principles of combat immunity in addition to settling the pleadings.
    • WC v PG: Helena acted for the claimant in this catastrophic injury claim. The claimant suffered a serious traumatic brain injury, had extensive care and therapeutic needs, and was considered unable to return to work.
    • EK v MIB: Helena acted for this young claimant who suffered serious injury in a road traffic accident. The matter was complicated by a missing driver and difficult issues on contributory negligence.
    • TM v JA: Helena acted for the claimant who suffered serious orthopaedic injuries and extensive nerve damage in a road traffic accident. This was a procedurally complicated matter involving multiple defendants with questions as to who was answerable to the claim.
  • Clinical negligence

    Clinical negligence

    Helena is instructed across the breadth of clinical negligence claims including missed/delayed cancer diagnosis, failure to diagnose and wrongful diagnosis cases, pressure sore cases, mismanagement of conditions, dental claims, negligently undertaken surgery, and wrongful prescription of medication. She acts for both claimants and defendants.

    Helena has experience dealing with complex legal arguments on liability, regularly acting in cases where professionals have contracted out their services and where issues of vicarious liability and non-delegable duties arise. She has considerable experience dealing with complex cases in which numerous experts are instructed.

    Recent cases: 

    • XX v Private Healthcare Provider: Helena acted for a child claimant who underwent a negligently performed circumcision. The cases gave rise to significant and complex issues on breach of duty.
    • JR v Various Health Professionals: Helena acted for the claimant who was overprescribed medication leading to an acceleration of dementia. The claim was complex in relation to causation of injury.
    • IB v Pharmacy: Helena acted for the claimant who was mis prescribed medication.
    • DH v Private Hospital: Helena acted for the claimant who underwent a negligently performed hip surgery.
    • CK v NHS Trust: Helena acted for the claimant in relation to a negligent performance of a polypectomy.
    • XX v NHS Trust: Helena acted for the child claimant in relation to a failure to identify a fissured cannula.
    • MH v NHS Trust: Helena acted for the clamant in relation to this pressure sore claim. Helena provided particular advice on the validity of numerous Part 36 offers.
    • RK v NHS Trust: Helena assisted in the settlement of a significant loss of dependency claim following the death of the claimant’s mother as a result of a negligent delay in treatment.
  • Inquests

    Inquests

    Helena is an experienced inquest advocate, regularly instructed by families, the NHS, local authorities, prisons, and government departments. She has acted in a number of high-profile cases involving self-inflicted deaths, those engaging Article 2, and has experience in cases before a Jury. Her experience in the jurisdiction of “Prevention of Future Deaths” is uncommon to those of her call. Her experience acting in healthcare related inquests complements her parallel specialism in medical law and is able to advise in related litigation, including claims involving the Human Rights Act, Fatal Accidents Act, and Judicial Review proceedings.

    Recent cases:

    Inquest touching upon the death of Bernard Mongan: Helena represented the Ministry of Defence at this sensitive inquest. Lance Corporal Mongan was discovered in his barracks some time following his death. The inquest probed important questions such as handover procedures and the systems in place for the management of vulnerable individuals.

    Inquest touching upon the death of Jaysley-Louise Beck: Helena was instructed by the Ministry of Defence during this 2-week inquest. Gunner Beck took her own life at Larkhill Garrison in 2021. An inquest in which Article 2 was engaged, this matter was broad in scope and touched on important and highly sensitive issues such as the Army’s ability to respond to unacceptable sexual behaviours and the experiences of women in the Army.

    Inquest touching upon the death of Frederick Heard: Helena acted for the prison in this inquest concerning the medical care provided to an inmate suffering with complex co-morbidities. The matter, which was heard by a Jury, touched upon dementia care provision in custodial settings.

    Inquest touching upon the death of Olivia Perks: Helena represented the Ministry of Defence. Officer Cadet Perks took her own life at The Royal Military Academy Sandhurst in 2019. The inquest, which engaged Article 2 ,concerned the mental health systems and support in place for vulnerable people, and the appropriateness of sexual relationships with the Academy.

    Inquest touching the death of Gemma Phelps: Helena represented the family at this inquest concerning the death of a profoundly disabled child due to the negligent administration of medication at a residential care setting. Helena advised on the related litigation.

    Re Harry Rice (deceased): Helena provided advice regarding judicial review of the decision not to hold an inquest.

• Public Inquiries

  Public Inquiries

  Helena has been instructed in most high-profile public inquiries in recent years, representing key government departments and acting as counsel to the inquiry.

  Helena has significant experience with witness handling, including drafting examination plans and witness statements. Helena has experience in all aspects of procedural law including dealing with applications for restrictions on evidence including those on the grounds of national security, orders compelling the provision of evidence, and requests for information. She has drafted closing submissions as core participant and, as counsel to the inquiry, has been involved with “Maxwellisation”.

  Recent cases:

  • The Independent Inquiry Relating to Afghanistan: Helena acts for the Ministry of Defence’s Corporate Team in this inquiry which is considering allegations of extrajudicial killings that took place in Afghanistan between 2010 and 2013.
  • The Post Office Horizon IT Inquiry: Helena was instructed as part of a small counsel team by the Department for Business and Trade during the key modules of complaints and concerns, and current practice and procedure. She briefed and took witness statements from many of the most senior government officials who had been involved historically with the Horizon system and the Bates & Others v Post Office Ltd litigation.
  • The UK Covid-19 Inquiry: Helena was instructed by the Cabinet Office as a core member of the junior counsel team. She worked across modules concerning the government’s preparedness for the pandemic, core UK government decision making, procurement, and on the impact of the pandemic on children and young people. Helena drafted government-wide advice on rules and practice as they concern commercially sensitive documents.
  • The Grenfell Tower Inquiry. Helena was instructed as Counsel to the Inquiry, focussing on the architecture of the flammable façade, product testing, and the Government’s understanding of the Building Regulations.