The Liability of Private Hospitals & Clinics: Lessons from the Paterson Litigation - Nov 2018
Professional Negligence
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.
Selected Cases
- Welsh Government Action regarding land sale (2018).
- Shaw v Leigh Day [2018] EWHC 2034 (QB)
- D Morgan plc v Mace & Jones (a firm) and another [2010] EWHC 3375 (TCC).
- McGlinn v Waltham Contractors and others [2007] EWHC 149 (TCC).
- Carillion Construction Ltd v Farebrother & Partners (a firm) and others [2002] EWHC 216 (TCC).
- James Longley & Co v Forest Giles Limited [2001] EWCA Civ 1242.
- Department of National Heritage v SVM [1998] 60 Construction Law Review (the British Library litigation).
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...
John Whitting QC instructed by Welsh Government in £50m action - Sep 2018
As one of the Welsh Government's panel of silks, John Whitting QC has been instructed in one of Wales' most politically contentious cases of recent years. It concerns the sale by the Welsh Government...
John Whitting QC wins high profile post natal collapse trial - Aug 2018
John Whitting QC was instructed by Catherine Bennett and Rebecca Young of Capsticks to represent the Defendant Hospital in this high profile case. Cerys Clements was less than an hour old when she...
John Whitting QC successfully defends Leigh Day in professional negligence action - Jul 2018
Following a week long trial in the High Court, Mrs. Justice Andrews dismissed a claim brought by Gabrielle Shaw, a former client of Leigh Day, for damages arising out of the firm's representation of...
The Liability of Private Hospitals and Clinics - Feb 2018
Lessons from the Paterson Litigation: Developments in the law relating to vicarious liability. Dame Christina Lambert chairs a panel of 1COR members who will discuss developments in the law...
John Whitting QC succeeds in application to withdraw admission of liability and to revoke consent order entering judgment - Oct 2016
John Whitting QC was successful in a key High Court case involving City Hospitals Sunderland NHS Foundation Trust in a liability decision of the High Court v Kelly Marie Simmons. Mrs Simmons was...
John Whitting QC in clinical negligence abuse of process strike out - Jul 2016
In Wright v Barts Health NHS Trust [2016] EWHC 1834, the Claimant suffered an accident at work sustaining multiple injuries and was admitted to, and treated at, the Defendant Hospital. He is now a T7...
John Whitting QC strikes out claim by patient’s relatives over missed diagnosis of genetic disorder - Apr 2016
Third party cannot recover damages for a personal injury suffered because of an omission in the treatment of another. On 19th March 2003, NC was seen by a consultant neurologist at the Defendant...
John Whitting QC in successful trial defence of neonatal team - Mar 2016
John Whitting QC appeared for the Defendant Trust in Ali v Pennine Acute Hospitals NHS Trust [2016]. Ismael Ali was born with a congenital malrotation of the bowel. This was not diagnosed until he...
John Whitting QC succeeds in innovative defence of interim payment application - Feb 2016
In Zeb v Frimley Health NHS Foundation Trust [2016] EWHC 134 QB, the claimant in a clinical negligence claim sought to appeal the refusal of Master Cook to award an interim payment on the grounds that...
John Whitting QC successful in pivotal post Montgomery clinical negligence trial - Oct 2015
In Tasmin v Barts Health NHS Trust [2015] EWHC 3135 (QB), the Claimant sustained severe cerebral palsy after a period of acute profound hypoxic ischaemia at the very end of labour. She argued that she...
John Whitting QC argues important quantum of damages principle in High Court - Jun 2015
In Harman v East Kent Hospitals NHS Foundation Trust [2015] EWHC 1662 (QB), John Whitting QC appeared for the Defendant Trust in an assessment of damages hearing in a very high value clinical...
John Whitting QC represents Hospital Trust in successful defence of meningitis claim - Jun 2015
Judgment has been handed down in FB v Rana et al [2015] EWHC 1536, in which John Whitting QC represented the Hospital Trust. FB was a 13 month old child who developed bacterial meningitis and...
John Whitting QC successfully defends Trust in wrongful birth claim and first case to test the scope of Montgomery - Apr 2015
In A v East Kent University NHS Foundation Trust [2015] EWHC 1038 (QB), John Whitting QC appeared for the Defendant Trust. The Claimant argued that, during her pregnancy, she should have been informed...
John Whitting QC instructed as lead counsel in a pioneering product liability action against Novartis Plc - Jan 2015
Instructed by Leigh Day, John Whitting QC is lead counsel in a claim against the drug company Novartis. He is representing Mr Hailer, an elderly former priest, who was left disabled and unable to care...
John Whitting QC in landmark decision by Court of Appeal about doctors’ responsibility for product literature - May 2014
The Court of Appeal has given judgment in Webster v Liddington [2014] EWCA Civ 560 ('the Isolagen litigation'). John Whitting QC led for the MPS and the MDU in this class action. Isolagen was an...
John Whitting QC successfully defends orthopaedic surgeon in claim by professional goalkeeper - Oct 2013
John represented Bhaskar Bhowal, a consultant hand surgeon in a claim by Alex Cisak, the Australian international goalkeeper at championship side Burnley, relating to treatment of a wrist fracture in...
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 represented the MPS in the case of Thomas v Curley [2013] EWCA Civ 117'. In this case the Claimant suffered an injury to the common bile duct during the course of a laparoscopic...
John Whitting QC appointed to the Welsh Government Panel of Queen’s Counsel - Sep 2012
One Crown Office Row is pleased to announce that John Whitting QC has been appointed to the Welsh Government Panel of Queen's Counsel. This will take effect from the 1st October 2012.
John Whitting QC successfully defends obstetric team at Solihull Hospital in High Court trial - May 2012
In a judgment handed down on 31st May 2012, Mr. Justice Hickinbottom dismissed an obstetric brachial plexus injury claim brought against Solihull Hospital. Until relatively recently, conventional...
David Hart QC and John Whitting defend Mace & Jones in £50m negligence claim - Dec 2010
