Philip Havers KC

Clinical Negligence

Philip Havers KC has been awarded ”Clinical Negligence Silk of the Year 2020’ by Chambers & Partners and was shortlisted for this award in 2019.

Selected Cases

• Norman v London Bridge Hospitals & Ors (2021): high profile clinical negligence claim brought by the family of world famous opera singer.
• Meadows v Khan [2021] UKSC 21: a wrongful birth claim concerning the recoverability of additional costs arising out of an unconnected disability.
• ABC v Guy’s and St Thomas’ NHS Foundation Trust (2020): claim concerning use of a complex bypass circuit during surgery.
• FR v Homerton University NHS Trust (2020): claim for over £10m arising from brain injury sustained at birth complicated by fact that the family live overseas.
• ABC v St George’s Healthcare NHS Foundation Trust and others (2019): a high profile clinical negligence case concerning the disclosure of confidential medical information.
• CN & GN v Poole BC[2019] UKSC 25: UK Supreme Court considered the extent to which local authorities and their employees owe a common law duty to protect children from harm caused by third parties.
• Darnley v Croydon Health Services NHS Trust [2018] UKSC 50: Whether A&E receptionists owe a duty of care to patients to inform them correctly as to waiting times.
• Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307: successfully resisted appeal in Montgomery consent case at first instance and in the Court of Appeal (2019).
• Sullivan v Guy’s & St Thomas’ NHS Foundation Trust [2017] EWHC 602 (QB): Claim by child patient in respect of cardiac surgery in the course of which the temperature of his body was significantly cooled.
• FE v St George’s University Hospitals NHS Trust [2016] EWHC 553: Claim by infant in respect of care provided around the time of his birth.
• Williams v Bermuda Hospitals Board [2016] UKPC 4: Ruling by Privy Council as to correct approach to causation in clinical negligence cases.
• Rich v Hull & East Yorks Hospitals NHS Trust [2015] EWHC 3395: Claim by pregnant mother alleging failure to provide steroids during her pregnancy.
• Nyang v Dr Thomas [2013] EWHC 3946 (QB): Claim by detainee against local GP and mental health nurse.
• Burnett v Dr Lynch [2012] EWCA Civ 347: (Correct approach to clinical negligence appeals on the facts.
• R v Royal National Orthopaedic Hospital NHS Trust [2012] EWHC 492 (QB): Claim for damages in respect of complex spinal surgery to correct scoliosis.
• Whiston v London SHA [2010] EWCA Civ 195 [2010] Med LR 132, CA: Actual knowledge, constructive knowledge and discretion in limitation in a clinical negligence claim 32 years after the events complained of.
• Thompstone v Tameside & Glossop Acute Services NHS Trust [2008] EWCA Civ 5, [2008] 1WLR 2207, CA: Appropriate index for periodical payments.
• Crouch v King’s Healthcare NHS Trust [2005] 1 WLR 2015, CA: Offer to settle by NHSLA, whether to be treated as if payment into court.
• Gregg v Scott [2005] 2 AC 176, HL: Damages for loss of a chance.
• Thomas v Brighton Health Authority [1999] 1 AC 345, HL: Multipliers.