Henry Witcomb KC

Personal Injury

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)