James Badenoch QC
James Badenoch was pupil to John (later Mr Justice) Alliott, and Harry (Lord) Woolf at 1 Crown Office Row where he has practised ever since. He has specialised for over 25 years in clinical negligence, medical law, and professional discipline. He took silk in 1989. He has appeared in a succession of major cases in the House of Lords, The Privy Council, The Court of Appeal, The High Court, The GMC and The GDC. He acts for Claimants and Defendants.
Listed for many years in the principal directories as one of the foremost practitioners in the fields of clinical negligence, professional discipline, and personal injury.
The "highly experienced, personable and very astute" James Badenoch QC is recommended as he understands "difficult, unusual cases" and is "particularly reassuring to nervous clients." Market experts report him to be "practically the father of clinical negligence" and solicitors note his "exceptional insight especially when it comes to liability in birth injury cases." (Chambers and Partners 2013)
A “brilliant courtroom barrister” who often deals with the most complex cases. Badenoch “is indefatigable, and exhibits a real presence and determination in court.” He particularly impresses with his “wealth of knowledge and expertise in cerebral palsy claims.” (Chambers and Partners 2012)
“a superb advocate who does an outstanding job” for claimants on complex matters. Clients say he is a “very experienced leader – very charming and courteous, but with a doughty determination to represent his clients well.” (Chambers and Partners 2011)
in a class of his own (The Legal 500 2011)
Known as “the doyen of the Clinical Negligence Claimant Bar” James Badenoch QC is esteemed by his peers who believe him to be “bright, thorough and extremely good on his feet.” (Chambers and Partners 2010)
"James Badenoch QC has both GMC and GDC experience under his belt and is noted for being very much at home on the procedural side. His extensive experience in clinical negligence lends further weight to the professional disciplinary work he picks up, and he is further known for his delightful manner." (Chambers and Partners 2008)
Clinical Negligence, Powers and Harris (Contributor), published by Butterworths, 1st Ed 1990 2nd Ed 1994, 3rd Ed 2000, 4th edition expected 2007
Urology and The Law, (Co-Author) published by Informa 2006
Numerous articles in Learned Journals and Periodicals
Lectures & Talks:
He has lectured frequently on medico-legal and related subjects, including expert evidence, and is a regular speaker on TV and radio and after dinner. He has addressed by invitation among others: the Parliamentary and Scientific Committee of the House of Commons and Lords, the Senior Judiciary, Royal Colleges, assorted Learned Societies, numerous medical, surgical and expert witness conferences, seminars and gatherings, AvMA, APIL, the Hong Kong Bar, the Royal Society of Medicine, and the BMA.
Deputy High Court Judge
Recorder of the Crown Court
President of the Mental Health Review Tribunal
Bencher of Lincolns Inn
Member of the Chartered Institute of Arbitrators
Fellow of the Royal Society of Medicine
Admitted ad eundem to the Hong Kong Bar
Chairman of the Expert Witness Institute
Significant cases include the following
Please click on the printable version of the CV for a more detailed list
Lillywhite -v- UCL Hospitals NHS Trust  Lloyds Rep Med 268 (CA)
Medical standard of care
Law Society -v- Sarah Harman 
Michael Stone -v- South East SHA  EWHC 1668 (Admin)
Medical records, human rights and data protection
Preiss v General Dental Council  Lloyd's Rep Med 491 (Privy Council)
Human Rights and Professional Discipline. Defining "serious professional misconduct"
GMC v Dr Harold Shipman (2000)
Heil v Rankin  2 WLR 1173 (CA)
Landmark case on general damages
Penney & Others v East Kent Health Authority  Lloyd's Rep Med 41 (CA) Application and limits of 'Bolam Test'
Dobbie v Medway Health Authority  5 Med LR 160 (CA)
Medical injury, limitation principles
Wilsher v Essex Area Health Authority  AC 1074 (HL)
Medical negligence, causation principles
VAT Registration No: 243 8783 34