1COR Quarterly Medical Law Review – Winter 2019/20 – Issue 4 - Mar 2020
John Whitting Q.C. has been recognised as a leading silk by the legal directories for a number of years. He is a specialist in all aspects of healthcare law, including clinical negligence, product liability and inquests. His expertise also extends to a wider range of professional negligence, including solicitors and those practising in the construction sector. John is a noted trial advocate and has appeared in a number of the leading cases in those fields both at first instance and in the appellate courts.
John has been recognised as a leader by the legal directories since 2012.
“He provides superb client service.” “John is a standout silk – he is straightforward, realistic and very confident.” “A very good advocate.” (Chambers & Partners 2020)
‘Truly excellent and first choice for a tough liability case.’ (Legal 500 2019)
“Fantastic. Very concise, very thorough and very methodical.” “An excellent advocate.” (Chambers & Partners 2019)
‘A calm, skilled advocate, team player, and very well respected leader.’ (Legal 500 2018)
“An excellent advocate who knows how to win and is easy to deal with.” “Well prepared and self-assured.” (Chambers & Partners 2018)
‘A really excellent leader.’ (Legal 500 2017)
“He’s one of the fiercest and brightest cross-examiners I’ve ever seen. He’s a real destroyer in cross-examination.” “He’s razor sharp.” (Chambers & Partners 2017)
”He doesn’t miss a trick, but at the same time is extremely relaxed and personable.‘ (Legal 500 2016)
‘John Whitting’s cross-examination is the best I’ve ever seen.’ ‘He is an extremely experienced and authoritative clinical negligence advocate.‘ (Chambers & Partners 2016)
‘One of the best trial advocates; determined and a true warrior.‘ (Legal 500 2015)
‘Cool as a cucumber, he’s incredibly calm and never misses a trick…Intellectually superior, he cuts to the quick and doesn’t get sidetracked by irrelevant issues.’ (Chambers & Partners 2015)
‘A silk with a growing reputation, who is considered to be amongst the best at cross-examination in the London market: “I think he’s probably the most devastating cross-examiner I’ve ever seen in court – it’s like a courtroom television programme! He’s a very, very bright guy.” “A real fighter with high standards, he’s a truly gifted trial advocate who gets the right result for his clients’ (Chambers & Partners 2014)
‘Praised for the value he brings to maximum severity claims’ and described as ‘delightful to deal with, very good with clients’ with an ‘uncommon ability to produce first-rate advice with seeming effortlessness and to great effect.’ (Chambers & Partners 2013)
‘A real fighter’ with ‘exceptional advocacy skills.‘ (Chambers & Partners 2012)Clinical Negligence
In the clinical sphere, he has represented claimants and defendant Trusts and MDO’s in an extremely wide range of complex and high value claims; his experience also extends into inquests / coronial law as well as product liability in the health context.
Listen to John discuss informed consent and how much direction patients actually want on Law Pod UK here.
- AB v East Lancashire Hospitals NHS Trust  EWHC 3542 (QB).
- Cerys Clement v Imperial College Healthcare NHS Trust  EWHC 2064 (QB).
- Oliver v North Cumbria University Hospitals NHS Trust .
- FB v Princess Alexandra Hospital NHS Trust  EWCA Civ 334 (QB).
- RE v Calderdale & Huddersfield NHS Foundation Trust  EWHC 824 (QB).
- H v Southend Hospital NHS Trust  EWHC 823 (QB).
- McGuinn v Lewisham & Greenwich NHS Trust  EWHC 88 (QB).
- Crossman v St. George’s Healthcare NHS Trust  EWHC 2878 (QB).
- Kelly Marie Simmons v City Hospitals Sunderland NHS Foundation Trust  EWHC 2953 (QB).
- Smith v University Hospitals of Leicester NHS Trust  EWHC 817 (QB).
- Zeb v Frimley Health NHS Foundation Trust  EWHC 134 (QB).
- Tasmin v Barts Health NHS Trust  EWHC 3135 (QB).
- Harman v East Kent Hospitals NHS Foundation Trust  EWHC 1662 (QB).
- FB v Rana et al  EWHC 1536.
- A v East Kent University NHS Foundation Trust  EWHC 1038 (QB).
- Thomas v Curley  EWCA Civ 117.
- Croft v Heart of England NHS Foundation Trust  EWHC 1470 (QB).
- Naraji v Dr. Shelbourne and others  EWHC 3298 (QB).
- Kingsberry v Greater Manchester Strategic Health Authority  EWHC 2253.
- Lillywhite v UCL Hospitals NHS Trust  EWCA Civ 1466.
- Morris v Blackpool Victoria Hospital NHS Trust  EWCA Civ 1294.
- The Alison Christian Inquest (2007).
- The Robbie Powell Inquest (2004).
In the construction sector, John has represented a variety of professionals, but with particular expertise in engineering. He also has considerable experience in solicitors’ negligence.
- Welsh Government Action regarding land sale (2018).
- Shaw v Leigh Day  EWHC 2034 (QB)
- D Morgan plc v Mace & Jones (a firm) and another  EWHC 3375 (TCC).
- McGlinn v Waltham Contractors and others  EWHC 149 (TCC).
- Carillion Construction Ltd v Farebrother & Partners (a firm) and others  EWHC 216 (TCC).
- James Longley & Co v Forest Giles Limited  EWCA Civ 1242.
- Department of National Heritage v SVM  60 Construction Law Review (the British Library litigation).
John Whitting QC and Charlotte Gilmartin discuss the trial of going to trial at Clyde & Co’s first training seminar of 2020 - Feb 2020
John Whitting QC successfully defends NHS Trust in High Court clinical negligence trial - Dec 2019
Law Pod UK Ep. 64: Informed Consent – how much direction do patients actually want? - Feb 2019
The Liability of Private Hospitals & Clinics: Lessons from the Paterson Litigation - Nov 2018
Henry Witcomb QC and John Whitting QC in record £37 million clinical negligence settlement - Oct 2018
John Whitting QC instructed by Welsh Government in £50m action - Sep 2018
John Whitting QC wins high profile post natal collapse trial - Aug 2018
John Whitting QC successfully defends Leigh Day in professional negligence action - Jul 2018
The Liability of Private Hospitals and Clinics - Feb 2018
John Whitting QC succeeds in application to withdraw admission of liability and to revoke consent order entering judgment - Oct 2016
John Whitting QC in clinical negligence abuse of process strike out - Jul 2016
John Whitting QC strikes out claim by patient’s relatives over missed diagnosis of genetic disorder - Apr 2016
John Whitting QC in successful trial defence of neonatal team - Mar 2016
John Whitting QC succeeds in innovative defence of interim payment application - Feb 2016
John Whitting QC successful in pivotal post Montgomery clinical negligence trial - Oct 2015
John Whitting QC argues important quantum of damages principle in High Court - Jun 2015
John Whitting QC represents Hospital Trust in successful defence of meningitis claim - Jun 2015
John Whitting QC successfully defends Trust in wrongful birth claim and first case to test the scope of Montgomery - Apr 2015
John Whitting QC instructed as lead counsel in a pioneering product liability action against Novartis Plc - Jan 2015
John Whitting QC in landmark decision by Court of Appeal about doctors’ responsibility for product literature - May 2014
John Whitting QC successfully defends orthopaedic surgeon in claim by professional goalkeeper - Oct 2013
John Whitting QC for the Medical Protection Society in a leading case in the Court of Appeal on the application of res ipsa loquitur in Clinical Negligence - Feb 2013
John Whitting QC appointed to the Welsh Government Panel of Queen’s Counsel - Sep 2012
John Whitting QC successfully defends obstetric team at Solihull Hospital in High Court trial - May 2012
David Hart QC and John Whitting defend Mace & Jones in £50m negligence claim - Dec 2010