Personal Injury and Clinical Negligence Newsletter: October 2023
Introduction
Welcome to the Personal Injury and Clinical Negligence Newsletter for October 2023.
Our team had a fabulous start to the month as Charles Bagot KC won Personal Injury Silk of the Year at the Legal 500 Bar Awards. Many congratulations to him. Charles also appeared in Counsel Magazine recently.
This month we also bring you breaking news that Jasmine Murphy has been shortlisted for the ‘Best Hair at the Bar’. (Voting now closed.)
Further details of our rankings in this year’s directories are shown below in the news section.
This month we have articles from Emma Zeb, Emma Woods, Colm Nugent and Jasmine Murphy (see articles section below).
You can also read brief details of what the team has been up to below. In summary, we have been acting in a range of matters including high profile court cases, inquests and inquiries in the UK and overseas. Our clients have included insurers, government departments and those with life changing injuries.
If we are working on something similar to one of your matters, please do get in touch.
News
The Legal 500
In addition to Charles Bagot KC winning Personal Injury Silk of the Year at the Legal 500 Bar Awards, we are also pleased to report this year’s rankings in The Legal 500.
London Bar – Personal Injury, Industrial Disease and Insurance Fraud (Tier 4):
- Charles Bagot KC (Tier 1)
- Colm Nugent (Tier 2)
- Henry Slack (Tier 4)
- Jasmine Murphy (Tier 4)
- Emma Zeb (Tier 4)
London Bar – Clinical Negligence:
- Charles Bagot KC (Tier 3)
- Vanessa McKinlay (Tier 3)
- Henry Slack (Tier 4)
- Emma Zeb (Tier 4)
- Aneurin Moloney (Tier 4)
Western Circuit – Personal Injury:
- Emma Zeb (Tier 1)
Western Circuit – Clinical Negligence:
- Vanessa McKinlay (Tier 1)
- Emma Zeb (Tier 1)
Western Circuit – Inquests and Inquiries:
- Emma Zeb (Tier 1)
Our full rankings and testimonials can be viewed on The Legal 500 page for Gatehouse Chambers.
Chambers & Partners
London Bar – Clinical Negligence:
- Charles Bagot KC (Band 2)
Western Circuit – Clinical Negligence:
- Emma Zeb (Band 1)
- Vanessa McKinlay (Band 1)
London Bar – Personal Injury:
- Charles Bagot KC (Band 2)
- Colm Nugent (Band 2)
- Jasmine Murphy (Band 3)
Western Circuit – Personal Injury:
- Emma Zeb (Band 1)
Congratulations to all of those ranked, and thank you to all our clients and contacts who acted as referees. The full editorial can be found here.
What have the team been up to?
In recent weeks, Charlie has been:
- Working alongside Jasmine Murphy, advising on and preparing a Counter Schedule to a complex claim for business losses in relation to multiple different commercial projects. The claim is made by a self-proclaimed ‘deal maker’ who claims a large seven figure sum saying that an ankle fracture derailed his entrepreneurial activities.
- Advising in multiple injury, fatal accident and secondary victim claims arising out of a sad fatal accident in which a mother who had stopped on a motorway hard shoulder was killed and the three young children in her car were injured.
- Instructed in a Privy Council appeal from the Court of Appeal of the Bahamas in an employer’s liability claim concerning the appropriate approach to a ‘no case to answer’ submission.
- Supporting the lobbying efforts seeking changes to the draft Fixed Recoverable Costs rules and the latest consultation process in his role as Chair of the PI Bar Association.
- Sitting as a Deputy High Court Judge.
In recent weeks, Vanessa has been:
- Advising the Claimant in his clinical negligence claim involving an above knee amputation following the delayed diagnosis and treatment of arterial disease.
- Advising the Defendant in a claim involving thoracic surgery where consent is in issue.
- Representing the family at the inquest into the death of their baby who died three days after birth.
- Sitting as an Assistant Coroner.
- Acting as a Mediator in clinical negligence disputes for Trust Mediation.
In recent weeks, Emma has been:
- Instructed for one of the interested persons in the inquest touching the death of Jacob Billington who was murdered by Zephaniah McLeod in 2020. The inquest will examine the management of Mr McLeod’s risk by different agencies within the criminal justice system and in light of the findings of an independent review commissioned by NHS England.
- Instructed in two inquests concerning HMP Wandsworth touching upon their management and safeguarding procedures of inmates.
- Assisting in the preparation of evidence for the Cabinet Office and 10 Downing Street for the Module 2 hearings into the Covid-19 Inquiry and attendance on various dates at the inquiry hearing itself.
- Dealing with complex arguments in a PIRH as to the wider reach of the ECHR in the Coronial Jurisdiction.
- Instructed by a Defendant Health Board in Wales in respect of an above knee amputation injury following the delayed diagnosis of a long segment occlusion of the femoral artery.
- Attending multiple conferences with experts in cases involving catastrophic injuries including severe PTSD to a child with Down’s Syndrome, and a case concerning a severe foot injury with a significant risk of amputation.
- Settling a long running amputation case for a high earning Claimant for a significant 7-figure sum.
- Sitting as a Recorder.
- Advising in relation to claims against Anthony Dixon in respect of his use of artificial mesh during pelvic surgery.
In recent weeks, Jas has been:
- A junior to Charles Bagot KC in a couple of cases including one which required forensic and accountancy analysis to challenge the claimant’s claim that he had suffered a loss of income because of lost business deals.
- Spending five days in court acting for Royal Parks and other defendants defending a claim brought by a cyclist who collided with a barrier in Hyde Park. Multiple issues including: liability in relation to inert street furniture, issue of cycle helmets, contributory negligence and quantum of a traumatic brain injury.
- Lecturing on her favourite subject – the Animals Act – for MBL Seminars and keeping up-to-date with the law and recent cases on dishonesty, interest, and loss of earnings for her chapters in Kemp & Kemp.
In recent weeks, Nye has:
- Represented a private healthcare provider in a week-long death in prison inquest.
- Settled a disputed delay in diagnosing ruptured Achilles tendon case for a six-figure sum shortly before joint statements.
- Settled a long-running delay in diagnosing prostate cancer case at mediation.
- Been instructed on behalf of the claimant in a case concerning the failure to recognise and treat cauda equina syndrome.
- Delivered the legal update at the Liverpool Law Society’s annual clinical negligence conference.
In recent weeks, Colm has:
- Settled a long-running claim in which a lawyer sustained a career-limiting loss of an eye injury. A very substantial six-figure settlement was obtained after the exchange of ophthalmic, psychiatric and pensions expert evidence.
- Been instructed in a professional negligence claim arising out of the alleged under-settlement of a personal injury claim. Damages are claimed just under seven figures.
- Been instructed on a partial quadriplegic SCI claim for a mother, following an RTA in which another adult family member died. Colm is also instructed in the fatal accident claim.
- Been instructed in another staircase accident claim (something of a niche specialty for Colm) in which an employee falls down a staircase, sustaining multiple fractures, when moving an item of office furniture.
- Been instructed on a Criminal Injures Compensation Appeal in which the victim of crime sustained long-term symptoms following an assault in which he received a severe head injury.
In recent weeks, Robert has:
- Been instructed to draft pleadings in a professional negligence case concerning a personal injury solicitors breach of duty in failing to progress a personal injury case with reasonable expedition which allegedly resulted in the Claimant taking his own life. The Legal Ombudsman having considered a complaint found that if the firms services had been reasonable the medical evidence supports Mr. X would have either fully recovered or been very close to it and that the firm’s actions likely prevented him the opportunity to recover.
In recent weeks, Emma has been:
- Drafting defences to clinical negligence claims, some of which involved secondary victim claims.
- Drafting a letter of response to a dog bite claim.
- Undertaking trials involving claims under the Highways Act 1980.
In recent weeks, Charlotte has:
- Undertaken a range of personal injury and clinical negligence trials and applications, including hearings regarding permission for expert evidence; and
- Drafted and advised in a number of Occupier’s Liability matters.
Charlotte is currently in New York undertaking the Pegasus Scholarship, focussing on reproductive justice and abortion rights. She will also be spending time in Virginia and Washington DC, returning to her practice in early November.
Vicarious Liability – where are we now?’
Vicarious liability has been a hot topic for more than five years. Every time you look away there seems to have been a new judgment. The Supreme Court has had three goes at installing some kind of flood defences to keep the tide of vicarious liability within boundaries and each time the tide retreats a little. MXX v A Secondary School is an example of the tide retreating a little since BXB…
Click here to read the full article by Jasmine Murphy.
How Smith v Finch has been run over by a Boris bike
Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events.
As regards the claimant who is knocked off their bike by a vehicle, defendants will continue to argue that much like seatbelts, the failure to wear a cycle helmet is indicative of contributory fault. Claimants will continue to argue that any such comparison is misplaced and the failure to wear a helmet is probative of nothing when it comes to contributory fault…
Click here to read the full article by Colm Nugent.
‘Exceptional Circumstances’ – Emma Woods considers a rare example of departure from the fast track fixed costs regime
The recent matter of Tsuneyama v Wheels Logistics SRO, Swindon CC was a rare example of the application of CPR 45.29J, in which ‘exceptional circumstances’ justified a departure from fixed costs of an application in fast-track matter.
Click here to read the full article by Emma Woods.
Fixed recoverable costs and vulnerability
The changes extending fixed recoverable costs (FRC) to most civil litigation claims with a value of up to £100,000 were implemented on 1 October 2023. With this comes the new ‘intermediate track’ which lays between Fast Track and Multi Track cases valued at £100,000 and over. This article concerns how the costs arising from vulnerability are to be dealt with…
Click here to read the full article by Emma Zeb.
Contact us
If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team.
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 edition of the PI & Clinical Negligence newsletter was edited by Robert Whittock. Comments or queries about this newsletter? Please get in touch with Robert.
If you are reading this but do not receive our mailings and would like to, please click here.