Law Pod UK Ep. 182: Unlawful Killing in Inquests: All Change? - Apr 2023
Matthew practises in public law, medical law and inquiries and inquests. He has acted as First Junior Counsel to the Hillsborough Inquests, and is currently instructed as Lead Junior Counsel to the Infected Blood Inquiry and the Independent Inquiry into Child Sexual Abuse.
In medical law, Matthew acts for both claimants and defendants in clinical negligence litigation, including in catastrophic birth and spinal injury cases. He also undertakes disciplinary cases before the Medical Practitioners Tribunal Service and the General Dental Council. He acts for families, doctors and medical bodies in inquests. He advises on a wide range of medico-legal issues including those relating to consent, capacity, confidentiality and data protection.
Matthew’s public law practise includes work on national security, information rights, immigration, human rights, public inquiries and major inquests. He acted for the Home Secretary in Court of Protection proceedings concerning the novichok poisoning of Sergei and Yulia Skripal. He is a member of the Attorney General’s B Panel and he has acted in numerous public inquiries and major inquests including the Al-Sweady Public Inquiry, the Detainee Inquiry, and the Westminster Bridge Inquests.
In 2019 Matthew was named one of The Lawyers Hot 100.
Before coming to the Bar Matthew studied and taught modern history and worked as an historian on the Bloody Sunday Inquiry.
Public InquiriesMatthew has been ranked as a Band 1 Junior in Chambers & Partners since 2013. He is currently instructed as Lead Junior Counsel to the Infected Blood Inquiry and the Independent Inquiry into Child Sexual Abuse. Previously, he worked on the Detainee Inquiry, the Al-Sweady Public Inquiry and the Bloody Sunday Inquiry.
He is ranked as a Star Individual by Chambers & Partners and a Tier 1 junior by Legal 500.
Selected Cases
- The Infected Blood Inquiry (ongoing): Matthew is presently Lead Junior Counsel to the Inquiry, which is examining the infection of NHS patients through the use of infected blood and blood products.
- The Independent Inquiry into Child Sexual Abuse (2016 – present): Matthew is Lead Junior Counsel to the Inquiry in one of its investigative strands and has advised on wider issues of public law. He has facilitated public seminars on overseas approaches to preventing child sexual abuse and exploitation, and on the domestic criminal justice system.
- The Al-Sweady Public Inquiry (2010-2012): Matthew was part of the team representing more than 500 soldiers in a public inquiry into allegations of the mistreatment of detainees following a battle in Iraq.
- The Detainee Inquiry (2011-2012): Matthew acted for the Inquiry, which examined allegations of complicity by the UK in the rendition, torture and mistreatment of detainees overseas.
- The Bloody Sunday Inquiry (2002-2009): Matthew worked as an historian on the inquiry into the events of 30 January 1972, in which thirteen people were killed following a civil rights march in Northern Ireland. He worked with Counsel to the Inquiry and the Tribunal.
Matthew has been ranked as a Band 1 Junior in Chambers & Partners since 2013. He has acted as First Junior Counsel in the Hillsborough Inquests and in the renewed inquests into the Birmingham Pub Bombings. He is counsel to one of the interested parties in the Westminster Bridge Inquests.
He represents families, practitioners and institutions at inquests. He has developed considerable experience in mental health cases, prison deaths, and cases involving multiple deaths and complex medical issues. He has appeared regularly before juries and has acted in litigation concerning the engagement of article 2 ECHR.
Matthew is the co-author, with Sir Neil Garnham, of a chapter on anonymity, PII and protective measures in the Inquests Book: the Law of Coroners and Inquests (Hart Publishing, 2016).
He is ranked as a Star Individual by Chambers & Partners and a Tier 1 junior by Legal 500.
Selected Cases
- Inquest into the death of AG (2020):Matthew represented the family in an inquest into the death of a man following a stroke.
- Inquest into the death of SG (2020): Matthew appeared for the Ambulance Service at inquest into the death of man shot with crossbow by a neighbour.
- The Birmingham Inquests (1974) (2016 – 2019): Matthew was First Junior Counsel to the renewed inquests into the Birmingham pub bombings in 1974, in which 21 people were killed.
- The Westminster Bridge Inquests (2018): Matthew represented the London Ambulance Service in the inquests into the deaths resulting from the terrorist attack on Westminster Bridge and the Houses of Parliament in March 2017.
- The Hillsborough Inquests (2013-2016): Matthew acted as First Junior Counsel to the recent inquests into the deaths of 96 people in the Hillsborough Stadium Disaster.
Matthew represents claimants and defendants in a wide range of clinical negligence cases, including those involving catastrophic births, spinal injuries and mental health. He has also appeared in group litigation. He has a particular interest in cases concerning secondary victims.
Matthew has extensive experience in representing families, practitioners and organisations at inquests, including before juries and in cases where the enhanced investigative duty under article 2 ECHR is engaged. He has appeared in inquests concerning multiple deaths and in complex medical and mental health cases.
He has experience in cross-jurisdictional clinical negligence claims, including those involving arguments on the selection of the appropriate discount rates.
Selected Cases
- BB v NHS Trust & Dr E & Dr KS: Matthew acted for the family of young man who died in hospital following alleged failures to diagnose his condition.
- CH v s GP: Matthew defended his client in claim relating to suspected vitamin B12 deficiency.
- AA v An NHS Trust: Matthew represented the claimant in a cauda equina case.
- LXH v Imperial Healthcare College NHS Trust: Matthew acted for the claimant in a cross-jurisdictional catastrophic birth claim. Led by Henry Witcomb Q.C.
- A. v Cambridge University Hospitals NHS Trust: Matthew acted for the claimant in a cross-jurisdictional catastrophic birth claim. Led by Christina Lambert Q.C.
- CCC v Royal Cornwall Hospitals NHS Trust: Matthew acted for the claimant in a catastrophic birth claim. Led by Angus McCullough QC
- Felix-Thompson Bland v Royal Surrey County Hospitals NHS Foundation Trust: Matthew acted for the claimant in a catastrophic birth claim. Led by Angus McCullough QC
- The PIP Breast Implant Group Litigation: Matthew acted for a number of private surgeons in complex group litigation proceedings arising from the withdrawal of PIP breast implants. Led by Stephen Miller QC.
- Inquests arising out of the deaths of ten patients of PM: Matthew appeared for a private healthcare provider in joined inquests concerning the death of ten patients.
- Inquest into the death of Emily Bushaway: Matthew represented the family of a young woman whose death arose from neglect during a period of respite care.
Matthew has acted in a wide range of public law cases, including those involving medical law, inquiries and inquests, national security and human rights.
He appeared in the Court of Protection on behalf of the Home Secretary in a cases concerning the best interests of Sergei and Yulia Skripal following their poisoning by the nerve agent novichok. He has been instructed in the High Court and Court of Appeal judicial review proceedings arising out of the Birmingham Inquests (1974), which concern the scope of inquests and the interrelationship of coronial and criminal proceedings.
Matthew has developed experience in matters concerning PII, including applications in the Family Court. He is the co-author, with Sir Neil Garnham, of the chapter concerning anonymity, PII and protective measures in the Inquests Book: the Law of Coroners and Inquests (Hart Publishing, 2016)
Matthew has also been instructed on matters ranging from freedom of information requests concerning the allowances paid to former Prime Ministers, to the procedural fairness of the policies of the General Medical Council in charging disciplinary cases.
Selected Cases
- Elgizouli v Secretary of State for the Home Department UKSC (2019): on appeal from [2019] EWHC 60 (Admin): Case concerning former British citizens who travelled to Syria and are accused of involvement in terrorism and murder.
- Kamoka Litigation: Proceedings concerning unlawful actions by UK government.
- KV (Sri Lanka) v SSHD [2019] UKSC 10; on appeal from [2017] EWCA CIV 119 : Appeared in the Supreme Court in December 2018 in case concerning the correct approach to the assessment of medical evidence in asylum claims.
- FOIA Claim (2018): Successfully defended the right to privacy and confidentiality of former Prime Ministers and their employees in a claim arising from the Freedom of Information Act.
- GW v (1) The Information Commissioner, (2) The Cabinet Office [2017] UKUT 312 (AAC): Defended the right to privacy and confidentiality of former Prime Ministers and their employees in a claim arising from the Freedom of Information Act.
- SSHD v Sergei and Yulia Skripal and anr [2018] EWCOP 6: Successful application for an order allowing the Organisation for the Prohibition of Chemical Weapons to obtain blood samples from two unconscious victims of poisoning by the nerve agent Novichok. (Law Pod UK, ep. 124)
- R (Hambleton and others) v The Coroner for the Birmingham Inquests (1974) [2018] EWHC 56 (Admin): High Court and Court of Appeal proceedings concerning the scope of the renewed inquests into the Birmingham pub bombings, and the question of whether they should seek to identify the perpetrators of the bombings.
- Kamoka and others v The Security Service and others: Litigation concerning allegations of UK collusion and involvement in rendition and mistreatment of claimants overseas.
- GW v (1) The Information Commissioner, (2) The Cabinet Office [2017] UKUT 312 (AAC): Matthew represented the Cabinet Office in a case concerning a freedom of information request for details of the Public Duty Cost Allowance paid to former Prime Ministers.
- X, Y and Z v United Kingdom (Application no. 32666/10): Application to the European Court of Human Rights, alleging violations of articles 3, 6, 8 and 13 in respect of a local authority’s failure to re-house a family that was subsequently subjected to violence and abuse in their home.
- CM v General Medical Council: Judicial review proceedings that led to the first successful challenge of the GMC’s ‘pilot scheme’ for charging Fitness to Practise allegations.
Matthew has acted for registrants at all stages of GMC and GDC proceedings. He has appeared for doctors and dentists facing allegations of dishonesty and serious professional misconduct at both the Medical Practitioners Tribunal Service and the Professional Conduct Committee of the GDC.
Matthew has also represented clients in internal trust proceedings and at inquests. He has advised on a range of medico-legal matters, including those relating to consent and confidentiality and data protection.
Selected Cases
- General Medical Council v Dr C: Matthew represented a doctor accused of clinical failings and dishonesty in a case involving the retrospective alteration of medical notes.
- General Dental Council v Dr P: Matthew represented a dentist in a case concerning allegations of dishonesty and misconduct arising from clinical practice.
- Mr C: Matthew represented a surgeon following the death of a patient resulting from errors made during an operation. Matthew appeared at internal trust proceedings and the inquest, and also advices in respect of GMC and criminal investigations.
- CM v General Medical Council: Judicial review proceedings that led to the first successful challenge of the GMC’s ‘pilot scheme’ for charging Fitness to Practise allegations.
- General Medical Council v CM: Matthew was led by Christina Lambert Q.C. in lengthy and complex disciplinary proceedings involving allegations of misconduct arising from spinal surgery performed on a number of patients.
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