Areas of Law 

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Clinical Negligence

 
Harman v East Kent Hospitals NHS Foundation Trust [2015] EWHC 1662 (QB)
John Whitting QC

 

 

 

FB v Rana et al [2015] EWHC 1536
John Whitting QC

 

 

 

A v East Kent University NHS Foundation Trust [2015] EWHC 1038 (QB)
First case to test the scope of Montgomery
John Whitting QC

 

 

 

Montgomery v Lanarkshire Health Board [2015] UKSC 11
Supreme Court case on the need for doctors to warn patients of the risks in proposed treatments.
James Badenoch QC

 

 

 

JX MX v Dartford & Gravesham NHS Trust
Elizabeth-Anne Gumbel QC
Henry Witcomb QC

 

 

 

Heal v B & W
Richard Booth QC

 

 

 

Ludwig v (1) Oxford Radcliffe Hospitals NHS Trust (2) Gloucestershire Hospitals NHS Foundation Trust [2012] EWHC 96 (QB)

The Claimant failed to established that she suffered a brain injury as a result of the Defendants' negligent failure to treat an infection suffered by her mother at the the time of the her birth. It was not proved that her mother was suffering from an infection. Even if she had been, the evidence was inconclusive as to whether different management would have resulted in a different outcome.
Stephen Miller QC
for the Defendants
 

 

 

B v A Rugby Club & Another (2011) - Richard Booth represented a Club doctor at an English Premiership rugby union club in a claim for negligent treatment brought by a Welsh international player. There were multiple defendants, including the Club itself and physiotherapists. Issues included future earnings prospects of the player with history of chronic injuries.
Richard Booth QC

 

 

 

XYZ v Portsmouth Hospitals NHS Trust (2011)
In a case of clinical negligence in which liability had been admitted, the court considered a claim for loss of future earnings on the basis of the claimant's prospects of setting up and developing a highly profitable business and, upon retirement, selling that business.
Elizabeth-Anne Gumbel QC

 

 

 

LEO WHITEN (BY HIS MOTHER & LITIGATION FRIEND SAMANTHA NOWELL) v ST GEORGE'S HEALTHCARE NHS TRUST (2011)

The court determined the quantum of damages due to a claimant for personal injury and financial losses sustained as a result of a healthcare trust's admitted negligent management of his mother's labour and his birth, including general damages of £235,000 for pain, suffering and loss of amenity and total future losses (including care, case management and loss of earnings) amounting to approximately £5,685,500.
PERSONAL INJURY - DAMAGES
QBD (Swift J DBE) 5/8/2011
References: LTL 12/8/2011
Document No.: Case Law - AC0129659
Philippa Whipple QC
Maria Roche
For the Defendant
 

 

 

Cook v Cook & Walker [2011] EWHC 1638 (QB)

Decision concerning the postponement of consideration of issues of quantum to allow the Claimant's adult needs to be meaningfully assessed.
Neil Garnham QC
for the defendants
 

 

 

Medway PCT & Hussain v Marcus [2011] EWCA Civ 750

Appeal regarding the recovery of costs by the Defendants where the Claimant recovered damages significantly lower than the initial valuation of the claim.
Guy Mansfield QC
Sarah Lambert
for the Respondents
 

 

 

Thompson & Thompson v Bruce 28th June 2011

Case concerning the interpretation of CPR 36.10 in the context of a pre-action offer accepted after the prescribed date for acceptance.
Matthew Barnes
for the Claimants
Sarah Lambert
for the Defendants
 

 

XYZ v Portsmouth Hospitals NHS Trust [2011] EWHC 243 (QB)
Elizabeth-Anne Gumbel QC
Henry Witcomb QC
for the Claimant
Margaret Bowron QC
for the Defendant
 

 

JXF v York Hospitals NHS Foundation Trust [2010] EWHC 2800 (QB)
Philip Havers QC
for the Defendant
 

 

 

XX v Southend University Hospital NHS Foundation Trust [2010]

Claim arising from the damage to a girl XX at birth due to clinical negligence at Rochford Hopsital, Essex. Liability having been dealt with quickly, the settlement PPO package valued at about £4m was agreed by negotiation and approved by the court on 1 September 2010.
Margaret Bowron QC
For the Claimant
 

 

 

Newman v (1) Maurice (2) Surrey & Sussex Healthcare NHS Trust [2010] EWHC 171 (QB)

Claim arising out of alleged failures in the Claimant’s care by a Consultant Orthopaedic and Spinal Surgeon. Held the surgeon had not acted negligently, bearing in mind the risks which had to be considered in deciding whether to go ahead and perform surgery.
Andrew Kennedy
For the Second Defendant
 

 

 

Ternent v Ashford & St Peter’s Hospital NHS Trust [2010] EWHC 593 (QB)

Claim related to the re-opening of a Caesarean wound four days after the Claimant gave birth. Held she had failed to prove that the wound opened because of the negligence of the surgeon.
Andrew Kennedy
For the Defendant
 

 

 

Whiston v London Strategic Health Authority (Successor Body in Law for Queen Charlotte’s Maternity Hospital) [2010] EWCA Civ 195

Appeal concerning the test for constructive knowledge for the purposes of Section 14(3) of the Limitation Act 1980.
Philip Havers QC
For the Claimant
 

 

 

Jack Jones (by his Father and Litigation Friend Russell Jones) v North West Strategic Health Authority [2010] EWHC 178 (QB)

Claim arising out of severe injuries sustained by the Claimant at the time of his birth. Held that, although his mother should have been warned of the risk of shoulder dystocia, she would not have opted for a Caesarean section in the circumstances. Although there was no doubt that the Claimant’s injuries arose out of the circumstances of his birth, it was held that those who delivered the Claimant had not acted negligently.
Stephen Miller QC
For the Defendant
 

 

 

Laura May (a child be her Litigation Friend Christine May) v Lancashire Teaching Hospitals NHS Trust [2009] EWHC 3175 (QB)

Claim where it was alleged that the negligence of a surgeon had resulted in the Claimant becoming paraplegic.
Margaret Bowron QC
For the Defendant
 

 

 

FP v Taunton and Somerset NHS Trust [2009] EWHC 1965 (QB)

Decision concerning an interim payment of £1.2 million pounds in wrongful birth claim.
Christina Lambert QC
For the Defendant
 

 

 

Julius Whiston v London Strategic Health Authority [2009] EWHC 956 (QB)

First instance decision concerning the date of knowledge for the purposes of the Limitation Act 1980 and the application of s.33.
Philip Havers QC
For the Claimant
 

 

 

Savage v South Essex Partnership NHS Foundation Trust [2008]
Philip Havers QC
For the Respondent
Angus McCullough QC
For the Appellants
 

 

Janet Birch v University College London Hospital NHS Foundation Trust [2008]
James Badenoch QC
John Gimlette
For the Claimant
 

 

 

Simon Boustead and North West Strategic Health Authority [2008] EWHC B11 (QB)
Elizabeth-Anne Gumbel QC
David Hart QC
For the Claimant
Henry Witcomb QC
For the Claimant
Robert Seabrook QC
For the Defendant

 

Thompstone v Tameside & Glossop Acute Services NHS Trust [2008]
Philip Havers QC
Paul Rees QC
David Manknell
For the Appellant
 

 

 

A v B NHS Trust [2006]
 

 

 

 

A (a child suing by his father and litigation friend C) v B Hospitals NHS Trust [2006] EWHC 1178
Elizabeth-Anne Gumbel QC
Henry Witcomb QC
For the claimant
Stephen Miller QC
For the defendant
 

 

R (K) v West London Mental Health NHS Trust [2006] 1 WLR
Angus McCullough QC
For the respondent
 

 

 

Plampin v Havering NHS PCT [2006] EWHC 39
Angus McCullough QC
For the defendant
 

 

 

West Bromwich Albion FC v El-Safty [2006]
Stephen Miller QC
For the Defendant
 

 

 

Lillywhite v University College London Hospitals NHS Trust [2005]
James Badenoch QC
Richard Smith
For the Appellant
Terence Coghlan QC
John Whitting QC
For the Respondent
 

 

Islington LBC v University College Hospitals NHS Trust [2005]
Stephen Miller QC
Caroline Neenan
For the Respondent
 

 

 

Gregg v Scott [2005]
 

 

 

 

Sowden v Lodge [2005]
Elizabeth-Anne Gumbel QC
Henry Witcomb QC

 

 

 

Crouch v King's Healthcare NHS Trust [2004]
Philip Havers QC
For the Appellants
 

 

 

Beck v Ministry of Defence [2003]
Philippa Whipple QC
For the Respondent
 

 

 

Bolitho v City & Hackney Health Authority [1998]
 

 

 

 

Wells v Wells [1997]
Kieran Coonan QC
Christina Lambert QC
For the Appellant
Philip Havers QC
For the Respondent
 

 

Dobbie v Medway HA [1994]
James Badenoch QC
For the Appellant
 

 

 

Stubbings v Webb [1993] AC 498

Decision of the House of Lords that claims for injuries arising from intentional assaults were subject to the non-extendable 6-year limitation period.
Kieran Coonan QC
For the Appellant
 

 

 

Wilsher v Essex Area Health Authority [1988]
 

 

 

 

 

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