Helena Drage

Areas of expertise

• Clinical negligence & personal injury
  • Clinical negligence

    Clinical negligence

    During pupillage, and in her own right, Helena has gained experience of advising and drafting pleadings for clinical negligence claims arising out of numerous areas of medical specialism including: orthopaedic surgical errors, A&E care, bariatric surgical errors, as well as delays in diagnosis of cancer. Helena is instructed on behalf of both Claimants and Defendants.

    During pupillage Helena also assisted on a two-week Article 2 inquest arising out of negligent medical treatment giving rise to a fatal postpartum haemorrhage. Helena was assisting counsel to the healthcare trust.

    Recent Work:

     

    • Advising a Claimant in respect of negligent orthopaedic surgery conducted in Italy after a slip and trip accident at an Italian Hotel.
    • Drafting pleadings and representing a beautician’s salon in respect of allegedly negligent administration of laser hair removal therapy.
  • Disease

    Disease

    During pupillage Helena gained experience across the breadth of industrial disease claims, including asbestos-related disease, NIHL and HAVS claims. She also gained experience of the show cause procedure.

    Recent Work:

    • Advising on enforcement of a judgment where a Liverpool and London Protection & Indemnity Club policy sought to limit liability.
  • Fraud

    Fraud

    Helena has experience of personal injury claims involving issues of fraud and fundamental dishonesty, particularly with a LVI element.

    Recent Work:

    •  Representing a Claimant in a fast track personal injury trial where an allegation of fundamental dishonesty was successfully defended.
  • Inquests & inquiries

    Inquests & inquiries

    Helena is instructed as junior counsel to the Grenfell Tower Inquiry, assisting Kate Grange KC, Rose Grogan and Emma Hynes on issues most relevant to the construction of the Tower and fire spread.

    During pupillage Helena assisted lead counsel for the healthcare trust on a two-week Article 2 inquest arising out of negligent medical treatment giving rise to a fatal postpartum haemorrhage.

  • Personal injury

    Personal injury

    Helena accepts instructions in all aspects of personal injury work and has a particular interest in claims with jurisdictional issues, including road traffic accidents and tripping claims in other EU territories.

    Helena has considerable trial experience and appears regularly in small claims and fast track matters in the County Court. Helena also appears at case and cost management conferences, directions hearing and final disposal hearings.

    Helena has particular experience at trial and in drafting pleadings with respect to road traffic accident, occupiers’ liability and EL/PL claims.

    Recent Work:

    • Representing Network Rail in a slip and trip accident at London Bridge Station.
    • Advising on the merits of Highways Act claim against the local authority and utilities provider.
    • Advising on quantum of an orthopaedic injury in circumstances where the Claimant suffered a reasonable phobia of surgical intervention.
    • Drafting infant settlement approval advices and attending hearings.
    • Attending quantum disputes under the Pre-Action Portal, MOJ Stage 3.
    • Experience of JMSs and advising on settlement parameters.
    • Representing Claimants and Defendants in interim applications and at CCMCs.

    During her third six pupillage and under the supervision of Charles Bagot KC, Helena gained extensive experience in Fatal Accident Acts claims, particularly those involving a secondary victims claims.

    Helena also assisted on several subtle and traumatic brain injury cases, and in particular as to the analysis of expert evidence and quantification of claims.

    Helena gained experience in pleading high value schedules and counter schedules of loss and has particular experience in applications for interim payments in serious injury cases.

  • Product liability

    Product liability

    During her pupillage, Helena assisted in the metal on metal hip implant trial of Wilkes v DePuy International Limited [2016] EWHC 3096 (QB).

  • Health & safety law

    Health & safety law

    During pupillage Helena gained considerable experience in Health and Safety Law, in particular representing companies facing Health and Safety Prosecutions under sections 3 and 4 of the Health and Safety at Work Act 1974 and against directors under section 37.

    During pupillage Helena:

    • Assisted in drafting a defence statement on behalf of a “very large company” under the 2016 Health and Safety Sentencing Guidelines.
    • Assisted in the 5 day trial of a company and an individual charged under the Act for the death of an employee caused by rubble thrown from the bucket of an excavator.
    • Assisted in the drafting of a basis of plea on behalf of an individual following a fall from height on the basis of Level A harm and low culpability.
    • Assisted in the preparation of the ORR prosecution of a company and its independent contractors following the fatal electrocution of one of the contractor’s employees.
• Insurance funded disputes

  Insurance funded disputes

  Helena regularly handles disputes involving insurers, details of which can be found in the Clinical Negligence/Personal Injury, CDR and Health & Safety sections of her profile.