Elizabeth-Anne Gumbel KC

Clinical Negligence

Lizanne Gumbel is a leading practitioner in the legal field of Clinical Negligence. Lizanne has a distinguished reputation for representing Claimants with highly complex claims for catastrophic injury. In clinical negligence she has particular expertise and experience in birth damage and neo-natal claims but acts in claims arising in a wide range of circumstances. In personal injury she acts for Claimants with head injuries, spinal injuries and other complex multiple injuries.

Lizanne’s work also involves multi-party actions and she acted for over 700 Claimants in the litigation against Mr Ian Paterson, Spire Healthcare and HEFT. Lizanne is now monitoring the distribution of the fund for further claims arising out of Mr Paterson’s surgery.

Claims in which Lizanne has been instructed to act against private hospitals, the catholic church and local authorities have involved a number of cases which have resulted in the development of the law in respect of vicarious liability.

Lizanne is currently recommended as a leading and a star silk for both the clinical negligence and personal injury fields by Chambers & Partners Directory UK and in the Legal 500.

In 2023 Lizanne was named Clinical Negligence Silk of the Year at the Chambers & Partners Bar Awards.

Contested cases in 2023 have included an appeal in a clinical negligence case (CDE v Surrey and Sussex Healthcare NHS Trust) in which the Court of Appeal have allowed the appeal against the findings of the first instance Judge to find in favour of the Claimant.

Selected Cases

• CDE v Surrey and Sussex NHS Healthcare Trust [2023] EWCA Civ 1330.
• Zgonec-Rozej v Pereira [2023] EWHC 2501 (KB).
• EEE (A Child) v Liverpool Women’s NHS Foundation Trust [2021] EWHC 402.
• MS (A Child) v Croydon Health Service NHS Trust [2020] EWHC 2728.
• PQ (A Child) v Royal Free London NHS Foundation Trust [2020] EWHC 1676.
• Barclays Bank v Various Claimants [2020] UKSC 13: Determining whether an employer (bank) was vicariously liable for sexual assaults committed by an independent contractor (doctor) during medical examinations of the bank’s current and prospective employees.
• Al-Zahra (PVT) Hospital & 7 ors v DDM (2019): An 11-month period of time to serve a claim form out of the jurisdiction, beyond the additional six months allowed by the CPR, was justified where the claimant had obtained advice that service in Dubai was likely to take more than 12 months. However, a further extension was refused in view of delays by the claimant’s solicitors and their failure to take prompt expert advice on foreign law, and the fact that proceedings had been issued very close to the limitation period.
• CN & GN v Poole BC [2019] UKSC 25: The Supreme Court summarised the circumstances when a local authority could be said to have a duty of care when exercising statutory functions. A local authority which had exercised functions under the Children Act 1989 s.17 and s.47 had not had a duty of care towards the children concerned as it had not assumed responsibility for their safety or welfare.
• BCD v University College London Hospitals NHS Foundation Trust (2019): £30m settlement for young boy deprived at oxygen at birth with right-sided physical difficulties and neurodevelopmental and neurocognitive problems.
• ABC v St George’s Healthcare NHS Trust and others (2019): Complex case concerning the disclosure of confidential medical information.
• XXX v King’s College Hospital NHS Foundation Trust (2018)
• TW v Royal Bolton Hospital NHS Foundation Trust [2017] EWHC.
• FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334.
• ABC v (1) St George’s Healthcare NHS Trust (2) South West London and St George’s Mental Health NHS Trust (3) Sussex Partnership NHS Foundation Trust [2015] EWHC1396, [2017] EWCA.
• Sean Hunt v Nottingham University Hospitals NHS Trust [2016]EWHC 47.
• (1) DR E (2) DR G v Somerset Partnership NHS Trust (2016).
• SXX (By Their Litigation Friend NXX) v Liverpool Women’s NHS Foundation Trust [2015] EWHC 4072.
• X (by her mother & litigation friend AX MX) (Appellant) v Dartford & Gravesham NHS Trust (Respondent) & (1) Personal Injury Bar Association (2) Press Association (Interveners) [2015] EWCA civ 96.
• (1) Louise Bradbury (2) Maureen Dalton (3) Emma Measey (4) Julie Nicholson (5) Jennifer O’Donnell v (1) Ian Paterson (2) Spire Healthcare Ltd (3) Heart of England NHS Trust [2014] EWHC 3992.
• Gary Moore v Plymouth NHS Trust [2013] EWHC 3193.
• MXB v East Sussex Hospitals NHS Trust [2012] EWHC 3279.
• XYZ v Portsmouth Hospitals NHS Trust (2011).
• Simon Bourstead v North West Strategic Health Authority [2008] EWHC 2375.
• Braithwaite v Homerton University Hospitals Foundation Trust [2008] EWHC 353.
• A (a child suing by his father and litigation friend C) v B Hospitals NHS Trust [2006] EWHC 1178.
• Ahsan v University Hospitals Leicester NHS Trust [2006] EWHC 2624 (QB).
• Royal Victoria Infirmary & Associated Hospitals NHS Trust v B (A child) [2002] Lloyd’s Rep Med 282.
• Lucy Reynolds v North Tyneside Health Authority [2002] Lloyds Rep Med 459.