Personal Injury and Clinical Negligence Newsletter: September 2025

Introduction

Hello everybody! Welcome to the September edition of Gatehouse’s Personal Injury and Clinical Negligence Newsletter. As the summer heat cools off, some of our barristers here at Gatehouse’s PI and Clin Neg team have been chasing the sun and heading to the Cayman Islands to visit clients in ongoing cases, while others are taking part in long running inquests and inquiries. Others in your team (including your editor) have been lucky enough to travel to far flung courts in exotic locations such as Bedford and Milton Keynes. It has also been good to catch up with some of our clients at recent social events in Manchester and, more recently, Birmingham.

This month, Jake Rowley tells you all you need to know about the Court of Appeal’s decision in PMC and the current approach to anonymity applications while I look into liability for spectators injured at sporting events by rogue balls and other objects.

Editor – Jasmine Murphy

News

In the last six months, there have been quite a few new happenings in our team:

• Emma Zeb KC took silk this year in recognition of her stellar practice and her unwavering dedication, exceptional skill, and profound integrity as a barrister and her commitment to her clients.
• Vanessa McKinlay was appointed as Area Coroner for Somerset. Vanessa built an outstanding career at the Bar over the last 25 years, specialising in clinical negligence and inquests. Having worked as a Senior Physiotherapist in the NHS before being called to the Bar, Vanessa brought strong medical knowledge to her practice which enabled her to handle authoritatively the most complex medical issues, and to distil them in understandable terms for her clients. She is delighted to take up this role and although we will miss her, we are thrilled that she has been given this appointment.
• Emma Woods has returned from maternity leave after becoming a mum to her little girl. We are so glad to welcome Emma is back to her busy personal injury and clinical negligence practice.
• Mark Erridge joined us after successful completion of his probationary tenancy. Mark is known for his outstanding courtroom advocacy and finds himself in court most days, dealing with a variety of personal injury claims. You can find out more about Mark in our ‘2 minutes with’ interview below.

What have we been up to?

Here are some highlights.

Charles Bagot KC:

• Appeared before the Privy Council (with Sara Ibrahim) in an appeal from the Court of Appeal of the Bahamas looking at when a Court should accept a submission of no case to answer in a civil claim. The appeal arises from an accident at the luxury Albany resort in Nassau. Judgment is awaited.
• Has been working (with Tom Bell) on an upcoming appeal to the Court of Appeal (permission granted) seeking an indemnity under the Third Parties (Rights against Insurers) Act 2010 where the Defendant tortfeasor in a catastrophic injury claim is insolvent and its insurers have refused to indemnify it. The appeal is from the much-discussed decision in Makin (a Protected Party) v Protec Security & QBE Insurance [2025] EWHC 895 (KB).
• Has been instructed by NHS Wales and NHS England to defend two separate claims for psychiatric injury, arising out of clinical negligence, where the Claimants are seeking to argue that their claims are not barred by the Supreme Court’s decision in Paul v Royal Wolverhampton NHS & conjoined appeals (in which Charles also appeared).
• Continues to represent a Defendant (with Emma Zeb KC & Helena Drage) in the multiple civil claims arising out of a major terrorist attack;
• Is working on several new tetraplegia claims;
• Will be visiting clients in the Cayman Islands and the Bahamas this month, where he is representing parties in a range of personal injury and clinical negligence claims.
• Visited clients in the Channel Islands earlier this summer, as well as speaking at the Commonwealth Law Conference, in Malta.

Nye Moloney:

• Has been settling several clinical negligence cases for claimants including fracture delays, a failure to recognise a serious ear infection causing permanent hearing loss, a delays in diagnosing cancer.
• In one notable case Nye defended a case of an alleged delay in treating a brain tumour, resulting in the Claimant discontinuing their claim before trial.
• Has also received a number of interesting new instructions, including 2 cauda equina syndrome cases.

Charlotte Wilk has been busy with:

• Successfully defending a claim at trial involving an alleged accident at a pedestrian crossing;
• Representing the defendant at trial in the High Court (SCCO) in a detailed assessment of a slipper/tripper costs bill;
• Assisting the Home Office with reviewing legislative guidance in Health & Safety;
• Acting in several injury and HRA claims concerning security guards and prison officers;
• Acting in an OLA claim relating to sea defences and public rights of way;
• Securing judgment at trial for a claimant who fell down a manhole outside his home (with Emma Woods initially advising);
• Advising in a number of dental negligence and OB/GYN negligence cases;

Jake Rowley has been:

• Representing a Claimant who, in the process of trying to recover stolen items from a supermarket, sustained serious facial and dental injuries as a result of a violent assault by the shoplifter;
• Representing a Claimant who sustained a significant infection and other complications following a hornet sting to his ear;
• Representing a Defendant insurer in High Court proceedings in response to an application for approval of previous interim payments; a further interim payment; the creation of a minor personal injury trust; and the making of an anonymity order.
• Providing advice to a proposed Defendant on the application of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims, in particular whether the Claimant’s election not to follow the PAP’s procedure gave rise to any sustainable argument(s) that the Claimant’s recoverable costs should, nonetheless, be limited to fixed recoverable costs (rather than assessed on the standard basis).

Colm Nugent was in Japan this summer, but when not travelling, last month his work highlights involved:

• Seven figure settlement at a JSM for a lower-limb injury claimant with pre-existing cerebral palsy.
• Representing defendant at trial in a package holiday claim where the claimant alleges sexual assault.
• Instructed in brachial plexus injury for a mechanic whose arm was caught in machinery at work. Liability and quantum in dispute.
• Instructed by defendant is a tree case, where the claimant was struck on the head as a highway pedestrian, by a falling branch from a tree in a private garden.
• Prepared PoC schedule in £3m Fatal Accident claim where the deceased had multiple sources of income from a variety of business interest and investments.
• Prepared schedule and PoC in a professional negligence claim arising from (alleged) under settlement of a personal injury claim.  Claim value exceeds £1.5m.
• In an ongoing partial quadriplegic claim, Colm negotiated a £1.6m interim payment to purchase a new family property outright, and to fund the necessary adaptations.

Emma Zeb KC has been:

• Working on Nottingham Inquiry as lead counsel for MOJ.
• Preparing for a clinical negligence trial in the Cayman Islands
• Counsel to the Inquest work for a forthcoming homicide case due to be heard in November 2025.
• Settled a long running complicated product liability case at JSM representing a severely injured child involving defective baby equipment – settlement approved by Judge.

Jasmine Murphy has been:

• Settling a catastrophic injury claim involving surveillance evidence and allegations of fundamental dishonesty for the defendant
• Handling a long running product liability claim arising out of a parachuting accident
• Dealing with a number of Montreal Convention cases where claimants have injured themselves in airports or on planes in a surprising number of ways.

Did you know?

The clinical negligence and personal injury team regularly give webinars and seminars to online training programmes such as MBL, and at conferences on topics such as:

• Accidents in the Construction Industry
• Assessing damages for children and young people
• Causation complexities in clinical negligence cases
• Claims against GPs
• Head Injuries and Cycle Helmets
• Capacity issues
• Injuries caused by Animals
• How to deal with Litigants in Person

If you think your team would benefit from some bespoke training, get in touch!

Heads up! Liability for injuries caused to spectators at sporting events

Although there is a wide body of case law establishing the duty of care owed by participants in sports to each other, what is the legal situation where a spectator, or an employee with duties at a match, is injured by a golf ball, football, ice hockey puck, vehicle, horse or even a player accidentally leaving the area of play? Although it may seem fair that they should be able to claim damages from the organiser of the game, or even the player, is that the correct legal analysis?

This situation has been considered several times by the courts over many decades. Unfortunately for claimants, these cases are very hard to win. The reported cases mostly come down on the side of the defendant club or arena, although it seems that golfers remain most at risk from being successfully sued.

Article by Jasmine Murphy

Read more

PMC v CWM Taf Morgannwg University Health Board [2025] EWCA Civ 1126

On 28 August 2025 the Court of Appeal handed down its hotly anticipated judgment in the case of PMC concerning the making of anonymity orders in personal injury cases.

Understandably, given its importance, there has been much commentary and analysis posted online in the week or so since the judgment was published.  The critical questions, now that the dust has begun to settle are: where are we now when it comes to anonymity orders, and what is the approach that parties should adopt when seeking one?

Article by Jake Rowley

Read more

2 Minutes with Mark Erridge

What has been the highlight of your career so far?

Acting pro bono for the Mary Ward Legal Centre, one of the oldest legal clinics in England, in a week-long professional negligence High Court trial back in January, alongside other barristers from Gatehouse Chambers, was such an incredible advocacy opportunity and experience. Thankfully we helped to achieve a fantastic outcome, following its years-long litigation battle, to ensure that the Centre is able to continue providing access to justice for Londoners.

Random fact: Not many people know that…

I grew up in Ireland (something which is perhaps not apparent from my accent), although I have now lived in London for nearly as much time.

What are the best/worst things about being a barrister?

I really enjoy appearing in Court, and thinking about complex legal and factual issues, on a daily basis. I also value the independence which comes with being a barrister, both in terms of personal flexibility and in the ability to shape my practice into areas and types of work I find interesting.

Set against this, the hours can be unpredictable; social plans are often beholden to any last-minute papers which may be sent across. Also, self-employment means you have to run your practice like a small business, with some administrative overheads.

What is the best piece of advice you’ve been given as a lawyer?

The best written and oral advocacy combines brevity with impact. Communicate clearly and to the point. Focus on the key arguments and present them succinctly. Judicial patience is a limited resource!

Contact us

If you would like to discuss any of the topics in this newsletter, please contact the team at steam@gatehouselaw.co.uk or get in touch with one of our Practice Managers below.

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 Jasmine Murphy Comments or queries about this newsletter? Please get in touch with her.

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