Clinical Negligence

In 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.

Henry was awarded Clinical Negligence Silk of the Year at the Chambers UK Bar Awards 2025. He is also recommended as a leading silk by both Chambers & Partners and Legal 500. Recent editorial includes:

  • “Henry Witcomb KC is excellent. He is forensic, hugely experienced and understated.” Chambers & Partners 2026
  • “His advocacy is both compelling and meticulous, ensuring the strongest possible case presentation in court and negotiations.” Chambers & Partners 2026
  • “He is thoughtful and detailed, yet decisive and effective. He is brilliant with clients and achieves excellent results.” Chambers & Partners 2026
  • “He is able to take highly complex cases and distill them down to the key elements.” Chambers & Partners 2026
  • “Henry is clever, good with clients and has a keen eye for detail. He is a top favourite.” Chambers & Partners 2026
  • Henry is detail driven, there is nothing that escapes his attention. He is persuasive and persistent.” Legal 500 2026
  • “Henry is formidable in medical negligence claims. He is meticulous with detail and in the preparation of a case and great with clients.” Chambers & Partners 2025
  • “Henry is excellent with clients and very detailed.” Chambers & Partners 2025
  • “Henry Witcomb KC is a really fantastic all-rounder.” Chambers & Partners 2025
  • Forensic and hugely experienced.’ Legal 500 2025

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)
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