Congratulations to the winners of the Leicester University National Medical Law Mooting Competition - Dec 2022
Henry Witcomb KC has a practice specialising in clinical negligence, personal injury, public authority liability and inquest representation. He has been involved in several of the leading cases in these fields and is highly recommended by Chambers & Partners and Legal 500.
A significant amount of the work in both the clinical negligence and personal injury fields has involved participation in several multi-party actions, a number of which have involved claimants residing abroad. Principally these actions have involved the abuse and care of children but also involving other classes of personal injury and clinical negligence claimants.
Clinical NegligenceIn the clinical negligence field, Henry has particular expertise in dealing with cases involving birth-related catastrophic injury, and claims involving wrongful death and wrongful birth.
A significant amount of the work in both the clinical negligence and personal injury fields has involved participation in several multi-party actions, a number of which have involved claimants residing abroad. Principally these actions have involved the abuse and care of children but also involving other classes of personal injury and clinical negligence claimants.
Selected Cases
- ABA v University Hospitals Coventry & Warwickshire NHS Trust (2020): Acted for Claimant in catastrophic brain injury case with contested liability.
- ABC v Basildon & Thurrock University (2020): Acted for Claimant in catastrophic birth injury claim.
- PDR v Guy’s and St Thomas’ NHS Foundation Trust (2020): Represented Claimant in catastrophic brain injury sustain at birth case settled for just under £37m.
- Settlement for Herpes Simplex virus (2018): Record £37m clinical negligence settlement for catastrophic brain injury.
- ABC v St George's Healthcare NHS Foundation Trust [2017] EWCA Civ 336.
- JXMX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96.
- P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19.
- XYZ v Portsmouth Hospital NHS Trust [2011] EWHC 243 (QB).
- Ndiki Mutua & others v The Foreign and Commonwealth Office [2012] EWHC 2678 (QB).
- X, Y & Z v UK [2011] ECHR 1199.
- X & Y v London Borough of Hounslow [2008] EWHC 1168, EWCA Civ 286.
- A v Iorworth Hoare [2008] UKHL 6.
- Rowe v Dolman [2008] EWCA Civ 1040.
- H v Thomson Holidays Ltd [2007] EWHC 850 (QBD).
- A (by C) v B [2006] EWHC 1178 (QB).
- Kotke v Saffarini [2005] EWCA Civ 221.
- Sowden v Lodge and Crookdake v Drury [2004] EWCA Civ 1320.
- Slater v Buckinghamshire County Council and anr [2004] EWCA Civ 1478.
- McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) & Anor [2004] 1 A.C. 1101.
- Royal Victoria Infirmary & Associated Hospitals NHS Trust v B (A child) [2002] Lloyd’s Rep Med 282.
- R v Criminal Injuries Compensation Panel ex parte Soper, Lawtel 12.12.02.
- Heil v Rankin [2000] 2 W.L.R. 1173.
- Britland v East Midland Motor Services Ltd 01.04.98 unreported CA.
- Multi-party Actions
- Finsbury Park Mosque Group Claim.
- Various Claimants v Estate of Lord Greville Janner
- Various Kenyan, Ugandan & UK Claimants v Estate of Simon Wood & British Airways Plc
- Various Claimants v Estate of Sir James Savile
- Various Claimants v Ian Paterson, Spire Hospital, Heart of England Foundation Trust
- Various Kenyan & UK Claimants v Simon Harris & Shebbear College
- Various Kenyan Claimants v The Foreign and Commonwealth Office (first ‘Mau Mau’ group claim.)
- JMC/Airtours litigation (acted on behalf of 3 groups of claimants numbering 764 in total, who have suffered injury whilst on holiday abroad)
- Forde Park School (80 cases)
- Barlavington Manor (15 cases)
- South Wales NCH litigation (35 cases)
- Ivydale Children's Home (15 cases)
- Badgeworth Court School (14 cases)
- St Leonard's Children's Home (25 cases)
- Sunderland Homes Group litigation (56 cases)
- Longcare Homes litigation (55 cases)
- Staffordshire Homes l(150 cases)
- Birmingham Homes Group litigation (101 cases)
- Pitt House litigation (15 cases)
- Olands litigation (10 cases)
- Wessington School (30 cases)
- Green Field House School (9 cases)
Henry’s work has focused in particular on catastrophic spinal and brain injuries. He has been frequently instructed to act on behalf of the Official Solicitor to represent the interests of claimants who lack capacity. This work has increasingly involved exploration of the overlapping obligations of tortfeasors and state bodies, health, social services and education authorities, to claimants. He also has wide-ranging experience in other sub-fields including many years’ experience of all types of case including those involving employer’s liability, road accident and criminal injuries.
A significant amount of the work in both the clinical negligence and personal injury fields has involved participation in several multi-party actions, a number of which have involved claimants residing abroad. Principally these actions have involved the abuse and care of children but also involving other classes of personal injury and clinical negligence claimants.
Selected Cases
- Ali v. (1) Osborne (2) Motor Insurers Bureau [2021]: represented severely disabled victim of Finsbury Park Mosque terrorist attack.
- ABC v St George's Healthcare NHS Foundation Trust [2017] EWCA Civ 336.
- JXMX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96.
- P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19.
- XYZ v Portsmouth Hospital NHS Trust [2011] EWHC 243 (QB).
- Ndiki Mutua & others v The Foreign and Commonwealth Office [2012] EWHC 2678 (QB).
- X, Y & Z v UK [2011] ECHR 1199.
- X & Y v London Borough of Hounslow [2008] EWHC 1168, EWCA Civ 286.
- A v Iorworth Hoare [2008] UKHL 6.
- Rowe v Dolman [2008] EWCA Civ 1040.
- H v Thomson Holidays Ltd [2007] EWHC 850 (QBD).
- A (by C) v B [2006] EWHC 1178 (QB).
- Kotke v Saffarini [2005] EWCA Civ 221.
- Sowden v Lodge and Crookdake v Drury [2004] EWCA Civ 1320.
- Slater v Buckinghamshire County Council and anr [2004] EWCA Civ 1478.
- McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) & Anor [2004] 1 A.C. 1101.
- Royal Victoria Infirmary & Associated Hospitals NHS Trust v B (A child) [2002] Lloyd’s Rep Med 282.
- R v Criminal Injuries Compensation Panel ex parte Soper, Lawtel 12.12.02.
- Heil v Rankin [2000] 2 W.L.R. 1173.
- Britland v East Midland Motor Services Ltd 01.04.98 unreported CA.
Multi-party Actions
- Finsbury Park Mosque Group Claim.
- Various Claimants v Estate of Lord Greville Janner
- Various Kenyan, Ugandan & UK Claimants v Estate of Simon Wood & British Airways Plc
- Various Claimants v Estate of Sir James Savile
- Various Claimants v Ian Paterson, Spire Hospital, Heart of England Foundation Trust
- Various Kenyan & UK Claimants v Simon Harris & Shebbear College
- Various Kenyan Claimants v The Foreign and Commonwealth Office: First ‘Mau Mau’ group claim.
- JMC/Airtours litigation: Acted on behalf of 3 groups of claimants numbering 764 in total, who have suffered injury whilst on holiday abroad.
- Forde Park School (80 cases)
- Barlavington Manor (15 cases)
- South Wales NCH litigation (35 cases)
- Ivydale Children's Home (15 cases)
- Badgeworth Court School (14 cases)
- St Leonard's Children's Home (25 cases)
- Sunderland Homes Group litigation (56 cases)
- Longcare Homes litigation (55 cases)
- Staffordshire Homes l(150 cases)
- Birmingham Homes Group litigation (101 cases)
- Pitt House litigation (15 cases)
- Olands litigation (10 cases)
- Wessington School (30 cases)
- Green Field House School (9 cases)
Henry also has extensive experience representing families and other interested parties in inquest proceedings, including health professionals. Most recently he represented the family of Horatio Chapple, who died during an expedition to Svalbard; and Grace Roseman, who died due to a defect in her bedside sleeper cot.
Selected Cases
- Inquest into the death of Robert Entenman: city banker who died at London Bridge Hospital due to neglect.
- Mager Inquest
- Roseman Inquest
- Horatio Chapple Inquest
- Ndiki Mutua & Others v The Foreign & Commonwealth Office [2012] EWHC 2678 (QB)
- A v Iorworth Hoare [2008] UKHL 6
- Various Claimants v Estate of Lord Greville Janner.
- Various Kenyan, Ugandan & UK Claimants v Estate of Simon Wood & British Airways Plc.
- Various Claimants v Estate of Sir James Savile.
- Various Claimants v Ian Paterson, Spire Hospital, Heart of England Foundation Trust.
- Various Kenyan & UK Claimants v Simon Harris & Shebbear College.
- Various Kenyan Claimants v The Foreign and Commonwealth Office: First ‘Mau Mau’ group claim.
- JMC/Airtours litigation: Acted on behalf of 3 groups of claimants numbering 764 in total, who have suffered injury whilst on holiday abroad.
- Forde Park School (80 cases).
- Barlavington Manor (15 cases).
- South Wales NCH litigation (35 cases).
- Ivydale Children's Home (15 cases).
- Badgeworth Court School (14 cases).
- St Leonard's Children's Home (25 cases).
- Sunderland Homes Group litigation (56 cases).
- Longcare Homes Litigation (55 cases).
- Staffordshire Homes Litigation (150 cases).
- Birmingham Homes Group Litigation (101 cases).
- Pitt House Litigation (15 cases).
- Olands Litigation (10 cases).
- Wessington School (30 cases).
- Green Field House School (9 cases).
Henry Witcomb QC nominated for Clinical Negligence Silk of the Year at Chambers Bar Awards - Nov 2021
Pleased to announce that Henry Witcomb QC has been nominated for Clinical Negligence Silk of the Year at Chambers Bar Awards. This year the awards will be held at Old Billingsgate Market on the...
Henry Witcomb QC and Shahram Sharghy secure settlement for victim of Finsbury Park Mosque Attack - Oct 2021
In Ali v. (1) Osborne (2) Motor Insurers Bureau [2021], Henry Witcomb QC and Shahram Sharghy successfully represented severely disabled victim of Finsbury Park Mosque terrorist attack whose claim...
£37 million awarded to young boy left brain damaged at birth - Jul 2020
In what is thought to be among the largest clinical negligence claims against the NHS, a young boy has been awarded £37 million in compensation. A delay in arranging an emergency caesarean because...
Henry Witcomb QC secures settlement for family of city banker - Dec 2019
Henry Witcomb QC, instructed by Paul McNeil of Fieldfisher, represented the family of city banker Robert Entenman. He secured a £2.1m settlement from the hospital’s operator, who admitted liability...
Henry Witcomb QC secures settlement for abuse survivor - Dec 2019
Henry Witcomb QC represented a man who suffers from PTSD as a result of sexual abuse in his early teens. He was instructed by Alison Millar and Catriona Rubens of Leigh Day. The abuse was carried...
A closely fought final at the eighth National University of Leicester Medical Law Mooting Competition - Dec 2019
On Saturday 8th December 2019, 1COR were delighted to sponsor the eighth national University of Leicester Medical Law Mooting Competition. Henry Witcomb QC sat on the panel of judges for the final and...
1COR delighted to again sponsor The University of Leicester Medical Law Mooting Competition - Dec 2018
On Saturday 1st December 2018, The University of Leicester held its seventh annual mooting competition focusing on medical law. 1 Crown Office Row and LIME Clinical Negligence jointly sponsor this...
Henry Witcomb QC and John Whitting QC in record £37 million clinical negligence settlement - Oct 2018
In 2012, the Claimant, now 6 years old, contracted Herpes Simplex virus at birth, which developed into a brain infection. A two day delay in prescribing and administering the necessary anti-viral...
Must the family be told? Genetic information and liability for non-disclosure to relatives - Jan 2018
Legislation: European Convention on Human Rights 1950 article 8. Cases: ABC v St George's Healthcare NHS Foundation Trust [2017] EWCA Civ 336; [2017] P.I.Q.R. P15 (CA (Civ Div)) Caparo...
1 Crown Office Row promotes access to the Bar - Jul 2017
On Saturday 1st July, nearly 200 young people graduated from the Sutton Trust's Pathways to Law programme. This programme selects highly able 16-year-olds from less advantaged backgrounds and provides...
Clinical negligence and the duty to disclose: full house of 1COR members in high profile Court of Appeal case - Jun 2017
Five members of Chambers appeared before the Court of Appeal in ABC v St George's Healthcare NHS Foundation Trust and others. The Appellant, known as ABC, appealed against the strike out of her...
Henry Witcomb QC Represents Family In Suicide of Ms Mager - Feb 2017
Henry Witcomb QC, on the instructions of Mark Bowman of Fieldfisher, represented the Mager family in an inquest into the suicide of Ms. Mager. She suffered from severe post-natal depression in August...
Henry Witcomb QC Represents the Roseman Family At The Inquest Hearing Starting 15th December 2016 - Dec 2016
Henry Witcomb QC is representing the Roseman family at the inquest hearing which started 14th December 2016 into the death of their baby daughter, Grace, in a Bednest cot. Esther Roseman discovered...
The Results of The University of Leicester Medical Law Mooting - Dec 2016
1 Crown Office Row wish to congratulate all of the 19 university teams who participated in the five rounds during the fifth year of the University of Leicester Medical Law Mooting Competition on the...
1 Crown Office Row Sponsor National Medical Law Mooting Competition - Dec 2016
On Saturday 3rd March 2016 a national mooting competition, The fifth University of Leicester Medical Law Mooting Competition, will be held in Leicester attended by 20 university teams. Henry...
Verdict of Neglect From Coroner in City Banker’s Death In Private Hospital - Oct 2016
This week, Henrietta Hill QC recorded a verdict of Neglect at the Inquest into the death of City Banker, Robert Entenmann on May 30th 2015. Robert Entenman, a married 57-year-old American with two...
Henry Witcomb QC represents the Entenman Family in Ongoing Case - Oct 2016
Henry Witcomb QC instructed by Paul McNeil of Fieldfisher represents the Entenman family in the inquest this week into the death of Mr Robert Entenman at the London Bridge Hospital in May 2015. ...
African sex abuse claim settlement approved - Mar 2016
A settlement of virtually 40 claims brought by Kenyan and Ugandan children and young women against the estate of Simon Wood and his employer, BA Plc, arising out of the alleged sexual abuse committed...
‘Six of the Best!’ 6 members appointed Queen’s Counsel - Jan 2016
We are absolutely delighted to announce the appointment of Marina Wheeler, Henry Witcomb, Owain Thomas, Jeremy Hyam, Clodagh Bradley and Peter Skelton as Queen's Counsel. This provides welcome...
Henry Witcomb named Personal Injury/Clinical Negligence Junior of the Year - Oct 2015
We are delighted to announce that Henry Witcomb has been named Personal Injury/Clinical Negligence Junior of the Year in the Chambers and Partners UK Bar Awards 2015.
David Hart QC and Henry Witcomb shortlisted for the 2015 Chambers UK Bar Awards - Sep 2015
We are delighted to announce that two of our members have been shortlisted for the 2015 Chambers UK Bar Awards. David Hart QC for the Environment section and Henry Witcomb for the Personal Injury /...
Four members of 1COR in duty of care case - Jun 2015
The Claimant's father killed the Claimant's mother in 2007 and was detained at a hospital run by the Second Defendant. In 2009 he was diagnosed with Huntington's Disease, meaning that the Claimant...
Elizabeth-Anne Gumbel QC and Henry Witcomb secure the right to anonymity for children and protected parties - Feb 2015
Elizabeth-Anne Gumbel QC and Henry Witcomb, instructed by Mark Bowman of Fieldfisher, represented the Claimant in a pro bono case in The Court of Appeal. Judgment was handed down in the much...
Elizabeth-Anne Gumbel QC and Henry Witcomb represent the family in the inquest into the death of Horatio Chapple who was attacked by a polar bear. - Jul 2014
Elizabeth-Anne Gumbel QC and Henry Witcomb are representing the family in the inquest into the death of Horatio Chapple who was on a school expedition to Svalbard in Norway when he and four others...
Elizabeth-Anne Gumbel QC, Henry Witcomb and Duncan Fairgrieve in Supreme Court cases re Cheshire West on Deprivation of Liberty - Mar 2014
Elizabeth-Anne Gumbel QC, Henry Witcomb and 1COR door tenant, Duncan Fairgrieve, intervened in these high profile Supreme Court cases, known as "Cheshire West", which considered whether people who...
Elizabeth-Anne Gumbel QC and Henry Witcomb represented the family of a girl whose brain was accidentally injected with glue - Jan 2014
Elizabeth-Anne Gumbel QC and Henry Witcomb represented the family of Maisha Najeeb who suffered permanent brain damage when her brain was accidentally injected with glue during a treatment at Great...
Henry Witcomb, Andrew Kennedy and Jeremy Hyam listed in the Chambers & Partners list of top 100 Junior Barristers - Dec 2013
We are delighted to announce that Henry Witcomb, Andrew Kennedy and Jeremy Hyam have been ranked in the new Chambers and Partners list of the top 100 Junior Barristers. The Directory describes...
Elizabeth-Anne Gumbel QC, Henry Witcomb and Duncan Fairgrieve appear as interveners in the Supreme Court cases on Deprivation of Liberty - Oct 2013
Elizabeth-Anne Gumbel QC, Henry Witcomb and 1COR door tenant, Duncan Fairgrieve, have intervened in these high profile Supreme Court cases which are considering whether people who have severe learning...
4 members of 1COR in the Kenyan Mau Mau Case - Jun 2013
The Mau Mau uprising, which took place in central Kenya between 1952 and 1961, was a rebellion against British colonial rule. Claims were brought by four Kenyans for serious personal injuries and...
Henry Witcomb represented the family of a woman who died whilst in a psychiatric unit despite her husband’s warning she was at risk - May 2013
Henry Witcomb represented the family of Diana Mager at the Inquest into her death. She had a history of depression and suffered post-natal depression after giving birth in 2011. She was admitted to...
Elizabeth-Anne Gumbel QC and Henry Witcomb represent a barrister seriously injured in Fleet Street wine bar fall - Dec 2012
Elizabeth-Anne Gumbel QC and Henry Witcomb, instructed by Jill Greenfield at Field Fisher Waterhouse, have successfully represented a barrister who suffered severe brain damage when he fell down the...
Elizabeth-Anne Gumbel QC, Henry Witcomb and Peter Skelton are representing women who were wrongly diagnosed with breast cancer by Ian Paterson - Nov 2012
Mr Ian Paterson has recently been suspended by the GMC after it emerged that he might have performed "unnecessary and inappropriate" breast operations on nearly 1000 women and misdiagnosed nearly 450...
Four Members of One Crown Office Row appear in the Kenyan Mau Mau Case - Oct 2012
The Mau Mau uprising, which took place in central Kenya between 1952 and 1961, was a rebellion against British colonial rule. Claims were brought by four Kenyans for serious personal injuries and...
Four members in the latest Kenyan Mau Mau Uprising case hearing - Jul 2012