David Manknell KC

Clinical Negligence

David acts for both Claimants and Defendants and has appeared in some of the leading cases in this area, including Gregg v Scott in the House of Lords (loss of a chance) and Thompstone in the Court of Appeal (indexation of periodical payments). He regularly acts in cases where injuries are of the utmost severity. He has particular expertise in cases with an international element, including where the injury was occurred overseas or where the Claimant now resides abroad and requires care of treatment abroad.

Selected Cases

• George v Attorney General of St Helena v Vincent Pallotti Hospital (2020). A clinical negligence claim where the AG had brought a third-party claim against a South African hospital in a claim before the Chief Justice of St Helena involving issues of private international law, including forum non conveniens and service out of the jurisdiction.
• Gregg v Scott [2005] 2 A.C. 176 (HL): Damages for lost chances of survival following negligent treatment.
• Tameside & Glossop Acute Services NHS Trust v Thompstone & Ors [2008] EWCA Civ 5; [2008] 1
• W.L.R. 220: Indexation of periodical payments.
• Young v Krishna [2016]: Claim against spinal surgeon for unsuccessful fusion surgery.
• AW v HCA International: Meningitis and brain damage in child following GBS infection shortly after birth. Successfully acted for Claimant in very substantial claim.
• PW & LW v Cambridge University Hospitals NHS Trust: Acted for Defendant in wrongful birth claim arising out of negligent failure in respect of the triple test, which would have identified Downs syndrome and led to a termination.
• Beaumont v Ministry of Defence [2009] EWHC 1258 (QB): High Court appeal concerning right to instruct second expert in same discipline.
• A v Hosking v Anr: Multi-million pound transnational clinical negligence claim involving complex issues of private international law, the injury occurring overseas.
• CH v Walsall Helthcare NHS Trust: Cerebral palsy claim, catastrophic injury. Led by Paul Rees KC.
• BW v The Hillingdon Hospital NHS Trust: Cerebral palsy claim, led by Paul Rees KC.
• LT v (1) Bupa Cromwell Hosp & Others: High value clinical negligence, where care and treatment being provided in the USA, with issues in respect of availability of Medicare and Medicaid.