Clinical Negligence & Personal Injury: Winter Newsflash
Introduction
Gatehouse Chambers’ Clinical Negligence and Personal Injury team are pleased to update you with a Winter newsflash.
As the festive season is upon us, you will no doubt have limited time in which to read our usual bumper newsletter. Instead, we’ve collated some quick highlights.
Following on from Jasmine’s update in the last newsletter on the increase in the special account interest rates, here’s the latest on interest rates which have been increasing almost as rapidly as your gas bill:
29 April 2022: 0.645%
5 July 2022: 1.25%
2 September 2022: 1.75%
25 October 2022: 2.25%
18 November 2022: 3%
Rates are likely to keep rising in January, so keep an eye out for our next update!
If you are after some cosy fireside reading, Dr Rob Whittock has written a comprehensive article (intriguingly titled “Bad Apples”) about the Solicitors Compensation Fund; you can check it out here.
This legal term we had the pleasure of hosting a mock trial at “Gatehouse County Court” for Moore Barlow. The aim of the mock trial was to provide training, and to cover the common (preventable) pitfalls that can arise at trial. We are excited to provide further training in 2023.
It has been very busy in the team over the past few weeks. I asked the team to pick out some of their highlights, which you can find in the Activity Report below.
Until next time, the team wish you good cheer, and a Happy New Year!
Charlotte Wilk – Editor
Activity report
- Charles has been instructed in several new complex and high value brain injury cases for both Claimants and Defendants on which he is working with various members of the team.
- He is working on the preparatory stages of the secondary victim appeals of Paul v Royal Wolverhampton NHS (and two other conjoined appeals), provisionally listed before the Supreme Court in May 2023.
- Charles headed to Miami for the International Bar Association conference at the start of November and met with international clients in the Cayman Islands and the Bahamas.
- Upheld on a first appeal and then overturned on a second appeal to the Court of Appeal, in the ‘failure to remove’ child abuse decision he made as a Deputy Master in YXA v Surrey County Council [2022] EWCA Civ 1196. It is understood that an application for permission to appeal to the Supreme Court has been made.
- Charles has been spending time as PI Bar Association Chair negotiating with the MoJ about fixed recoverable costs and contributing to consultation responses on fixed costs, compulsory mediation and regulation of barristers’ social media communications.
Charles has been ranked in the Legal 500: (Leading Silks) Tier 2
“The complete barrister; technical and legal capabilities not in question.”
- Colm was quiz-writer and compere at the Black Minds Matter Charity Quiz Night which raised over £900 for this very worthwhile charity.
- In terms of his recent practice highlights. Colm has selected three:
- He has recently been instructed to defend a seven-figure professional negligence action against a firm of solicitors arising out of their conduct of a personal injury action.
- Negotiating settlement in a substantial head-injury EL claim, for a claimant who had multiple facial fractures, in which liability was denied. The claim had been running for almost five years.
- Striking-out a (potentially) large RTA claim on procedural grounds after a full-day summary judgement application. Colm had advised throughout.
- Colm is slightly miffed to be starting an Occupiers’ Liability trial the first day after the New Year. He’s hoping the judge will not have overdone the NYE celebrations.
Colm has been ranked in the Legal 500: (Leading Juniors) Tier 2
“Colm is a future silk. He is commanding, persuasive and a great communicator.”
- Emma has been dealing with a relatively low value but complex clinical negligence claim against two private practitioners concerning maladministration of drugs.
- She has acted in a 3-day inquest on behalf of a local authority’s children’s services team following the self-inflicted death of a mother by ingestion of Sodium Nitrate, dealing with issues around the growing use of Sodium Nitrate and Nitrite in self-inflected deaths.
- Emma has also been dealing with a new catastrophic injury case concerning below knee amputation and a severe brain injury.
- She has been handling a multi-expert conference dealing with the issue of functional neurological disorder.
- Sitting as a Recorder for 6 days and dealing with a number of Multi-Track trials concerning personal injury and landlord / tenant issues.
- Delivering seminars in and outside of chambers on inquest issues, including Brews on Neglect and The Rule Against Self Incrimination.
Emma has been ranked in the Legal 500: (Leading Juniors) Tier 4
“Emma has an excellent, methodical, patient and detail-based advocacy style. Her manner of questioning is collaborative and warm, which gives her a particular knack of getting even tricky witnesses, coroners and co-counsel on side.”
- As usual, Henry has been busy sitting as a Deputy District Judge.
- He has also been advising on an approval settlement for a minor in a claim whereby they suffered a serious fractured femur at school.
- He has also been advising on breach of duty, causation and quantum and drafting pleadings for a claimant prisoner where a collapsed lung went undiagnosed and untreated for a number of weeks leading to life threatening symptoms.
- Henry has also been busy with written advices, drafting pleadings and schedules of loss and advising in conferences.
Henry has been ranked in the Legal 500: (Leading Juniors) Tier 4
“Henry is efficient and always produces work quickly and to a high standard. He is an excellent advocate who gives sensible advice to both instructing solicitors and clients.”
- Vanessa has been advising the Defendant on a clinical negligence claim involving secondary victim issues.
- She has also been representing the Claimant at an RTM in which her claim for negligent repair of an intrapartum injury was settled for £640,000.
- Taking part in a Brew regarding Prevention of Future Death reports at inquests.
- Sitting as an Assistant Coroner in Birmingham.
Vanessa has been ranked in the Legal 500: (Leading Juniors) Tier 3
“Vanessa is a go-to barrister in the field of clinical negligence- she really knows the law inside out, is empathetic and understanding. She is exceptionally good tactically.”
- Jasmine recently represented the insurer of a driver in a multi car collision on a roundabout in a three-day trial before HHJ Backhouse. The split liability outcome was the same as that which Jasmine had advised and her client had offered some time ago leading to costs consequences in their favour. Jasmine was instructed by Mark Woodall of Horwich Cohen Coghlan Solicitors, who went on to win Defendant Personal Injury Lawyer of the Year at the Personal Injury Awards that week! Congratulations to Mark as well as Patrick Maguire at HCC who won Claimant Personal Injury Lawyer of the Year and the whole team at HCC for winning Catastrophic Injury Team of the Year!
Jasmine has been ranked in the Legal 500: (Leading Juniors) Tier 4
“Great preparation and organisation, alongside good drafting and attention-to-detail.”
- Aneurin recently settled a claim for a substantial six-figure sum on behalf of a claimant who had been wrongly diagnosed with pancreatic cancer.
- He also settled a claim on behalf of a claimant who underwent allegedly negligent knee replacement surgery, and –
- Settled a claim on behalf of a claimant who had suffered a series of misdiagnoses of a rare form of cancer.
- Contributed to the Complex Inquests: Procedure & Practice webinar series. Click here to watch a recording of the Neglect session. Click here to view a recording of the Inquests for Juniors Brew.
Aneurin is also pleased to have been ranked in the Legal 500: (Leading Juniors) Ranked: Tier 4
“Aneurin is one of my go-to barristers for complex cases. He bats significantly above his call and has an enviable ability to be able to cut straight through to the key issues.”
- Helena has been acting (led) for the Ministry of Defence at an inquest due to be heard next Spring, and –
- Acting (led) for the Cabinet Office/Duchy of Lancaster at the Covid-19 public inquiry.
- Acting (led) as Counsel to the Inquiry at the Grenfell Tower Inquiry.
- She is also dealing with complex issues of capacity in a TBI case, acting for the claimant.
- Helena has also been instructed for the claimant in a serious personal injury (RTA) claim.
- She also settling pleadings on recovery of costs arising from a professional negligence (personal injury) claim.
- Helena has contributed to a number of Brews and talks over recent months, including QOCS and CPR Part 36: Part 1 & Part 2, Prevention of Future Deaths Reports, and The Rule Against Self- Incrimination.
- Emma recently represented the Defendant Employer in an Employers’ Liability/Public Liability trial arising out of a slipping accident at a school.
- She also represented the Claimant in a trial involving a slipping accident abroad, and –
- Drafted a Defence for a Dental Negligence Claim.
- Emma also conducted a conference with an expert and then advised on quantum in a clinical negligence claim arising out of treatment of a broken wrist.
- Emma contributed to the QOCS and CPR Part 36: Part 1 & Part 2, webinars. She also took part in the Complex Inquests: Procedure & Practice series. Click here to view a recording of the Inquests for Juniors Brew.
- Charlotte recently appeared unled in the SCCO (High Court) and argued a novel point concerning CPR Part 36 and CPR Part 47.
- She is currently acting (led) for claimants in the SCCO (High Court) in a Detailed Assessment on six vaginal mesh cases.
- Charlotte has also been busy with her secondment at Harrow Council, whereby she settled a number of civil matters.
- She has also been attending numerous County Court hearings and trials, including high-value credit hire matters and infant approval hearings, and is currently advising on a number of clinical negligence and personal injury matters on behalf of claimants.
Contact Us
To find out more about our Clinical Negligence & Personal Injury Team and their work, visit the Clinical Negligence & Personal Injury page on our website. To view a copy of our privacy statement, please click here.
This PI & Clinical Negligence update was edited by Charlotte Wilk. If you are reading this but do not receive our mailings and would like to, please click here.
If you would like to discuss any of the topics in this news update, please contact a member of our Practice Management Team.
Peter Foad
Senior Practice Manager
peter.foad@gatehouselaw.co.uk
Tel: +44 (0)20 7400 2393
Mob: +44 (0)7841 779 166
Natasha Devlin-Clingham
Practice Manager
natasha.devlin@gatehouselaw.co.uk
Tel: +44 (0)20 7691 0004
Mob: +44 (0)7703 728 683
Bryan Frimpong
Practice Manager
bryan.frimpong@gatehouselaw.co.uk
Tel: +44 (0)20 7691 0302
Mob: +07841 779 167