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James Badenoch QC

Call:  1968 
QC: 1989

james.badenoch@1cor.com

Profile

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.

Directories

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.

Clinical negligence:

"An absolutely first rate advocate" "He's in a league of his own" "A brilliant cross-examiner who is completely in demand of things". (Chambers and Partners 2017)

"He is brilliant, extremely thorough and hard-working." (Chambers and Partners 2016)

“Very hardworking and loved by all.”  (Legal 500 2015)

"A lawyer who's seen it all, done it all and is tremendously well respected, he is someone with exacting standards, who demands a lot from his instructing solicitor, but produces top-quality work." (Chambers and Partners 2015)

"Committed, knowledgeable and extremely experienced. When you go to trial he dominates the courtroom." (Chambers and Partners 2014)

James Badenoch QC is ‘highly experienced, personable and very astute’, (Legal 500, 2013)

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)

“’Brilliant orator’ James Badenoch QC, is a joy to work with due to his ‘enthusiastic leadership and outstanding ability to grasp the details of a case fully and quickly.’  ‘A lawyer with real depth and gravitas,’ he is, nevertheless, ‘someone with great humanity and sensitivity.’” (Chambers and Partners, 2009

Professional Discipline:

"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)

Qualifications

MA Oxford

Publications

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.

Appointments

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

Montgomery v Lanarkshire Health Board [2015] UKSC 11

Lillywhite -v- UCL Hospitals NHS Trust [2006] Lloyds Rep Med 268 (CA)
Medical standard of care

Law Society -v- Sarah Harman [2006]
Professional Discipline

Michael Stone -v- South East SHA [2006] EWHC 1668 (Admin)
Medical records, human rights and data protection

Preiss v General Dental Council [2001] Lloyd's Rep Med 491 (Privy Council)
Human Rights and Professional Discipline.  Defining "serious professional misconduct"

GMC v Dr Harold Shipman (2000)
Disciplinary proceedings

Heil v Rankin [2000] 2 WLR 1173 (CA)
Landmark case on general damages

Penney & Others v East Kent Health Authority [2000] Lloyd's Rep Med 41 (CA) Application and limits of 'Bolam Test'

Dobbie v Medway Health Authority [1994] 5 Med LR 160 (CA)
Medical injury, limitation principles

Wilsher v Essex Area Health Authority [1988] AC 1074 (HL)
Medical negligence, causation principles 

Other information

VAT Registration No:  243 8783 34

 
 

Phone Clerk
020 7797 7500

Email Clerk

News

Celebration Dinner for James Badenoch QC, Kieran Coonan QC, Terence Coghlan QC, Sally Smith QC, Joanna Glynn QC and Lorraine McHale
James Badenoch QC comments in the BMJ in article about judges considering gross negligence manslaughter prosecutions against doctors.
James Badenoch QC wins Supreme Court case on the need for doctors to warn patients of the risks in proposed treatments.
1 COR Christmas Card Challenge