Law Pod UK Ep. 64: Informed Consent – how much direction do patients actually want? - Feb 2019
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.
- “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)
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.
- 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).
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