Law Pod UK Ep. 172: Advocacy in the Appellate Courts with Philip Havers KC - Nov 2022
Healthcare and Court of Protection
Selected Cases
- Lesforis v Tolias (2019) (CA): Whether surgeon liable to his patient for administering medicine to her a few hours after surgery. Claim, and subsequent appeal, dismissed.
- JRM v King’s College Hospital NHS Foundation Trust (2019): £5m settlement of birth injury claim.
- Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79, CA: Whether mentally disordered patient unlawfully detained entitled to more than nominal damages where he would have been otherwise lawfully detained.
- Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74, [2009] 2WLR 115, HL: Whether mental hospital under Convention duty to prevent suicide of compulsorily detained mental patient who absconds and commits suicide.
- R (Axon) v Secretary of State for Health [2006] 2 WLR 1130: Whether parents entitled to be notified that their child is seeking medical advice and treatment, including abortion.
- R(H) v Secretary of State for the Home Department [2004] 2 AC 253, HL: Power of the MHRT to review its decision to discharge.
- R(N) v Dr M [2003] 1 WLR 562, CA: The test for the giving of treatment without consent to a patient detained under the Mental Health Act 1983.
- Miss B v a NHS Hospital Trust [2002] 1 FLR 1090 Butler-Sloss P: Withdrawal of artificial ventilation; right to die with dignity.
- A Health Authority v X [2002] 2 All ER 780, CA: Disclosure of confidential patient information by GPs to local health authority.
Philip Havers KC and Christian Howells appear in judicial review proceedings concerning Hillingdon Council’s decision to close Early Years Centres - Nov 2022
Philip Havers KC and Christian Howells represented three children and one parent in a claim for judicial review of the decision of Hillingdon London Borough Council to cease all of its nursery...
The Changing Face of Judicial Review - Oct 2022
On 20th October 2022 The Hon Mr Justice Garnham will chair our seminar on ‘The Changing Face of Judicial Review’ with expert speakers Philip Havers KC, Marina Wheeler KC, Sarabjit Singh KC,...
Family of world famous opera singer brings clinical negligence claim - Oct 2021
The estate of the late soprano Jessye Norman have served proceedings against a private hospital and two doctors in relation to a spinal procedure which she underwent in 2015. Ms. Norman suffered...
Court of Appeal dismisses appeal against a refusal to allow the withdrawal of an admission of liability - Jul 2021
Philip Havers QC and Justin Levinson were instructed by Alan Collins of Hugh James to represent a survivor of child abuse. The local authority had admitted liability for negligently failing to receive...
Khan v Meadows: The Supreme Court Revisits Wrongful Birth - Jun 2021
Philip Havers QC was instructed by Jacqui Hayat of Taylor Rose MW Solicitors in Meadows v Khan [2021] UKSC 21 to represent the Appellant. The Supreme handed down judgment on 18 June 2021. A GP...
Checks and Balances – Public law lessons from Covid-19 - Jun 2021
On 10th June 2021 Philip Havers QC chairs our webinar on 'Checks and Balances – Public law lessons from Covid-19' with expert speakers Dominic Ruck Keene and Henry Tufnell. Philip Havers QC opens...
1COR and Philip Havers QC double award win at Chambers Bar Awards 2020 - Nov 2020
Delighted to win ‘Clinical Negligence Set of the Year’ as well as Philip Havers QC named ‘Clinical Negligence Silk of the Year’ at Chambers Bar Awards tonight by Chambers & Partners....
1COR and Philip Havers QC Shortlisted for Chambers Bar Awards 2020 - Oct 2020
Delighted to announce that 1 Crown Office Row has been shortlisted for 'Clinical Negligence Set of the Year’ and Philip Havers QC nominated for ‘Clinical Negligence Silk of the Year’ by Chambers...
Philip Havers QC instructed in legal challenge to lockdown - May 2020
A leading businessman, Simon Dolan, has launched a legal challenge to the lawfulness of the Government's ongoing Covid-19 lockdown. The Government has until 12 June to provide its response. Philip...
Philip Havers QC and Hannah Noyce look at disclosure in PI Focus - May 2020
In the May Issue of PI Focus, Philip Havers QC and Hannah Noyce consider the important decision in ABC v St George’s Healthcare NHS Foundation Trust and others, a high profile clinical negligence...
Three 1COR members appear in landmark case about disclosure of confidential medical information: ABC v St George’s Healthcare NHS Foundation Trust & ors - Nov 2019
This week sees the beginning of the trial in the High Court of ABC v St George’s Healthcare NHS Foundation Trust and others, a high profile clinical negligence case concerning the disclosure of...
1COR walk in the LLST’s London Legal Walk 2019 - Jun 2019
These 1COR boots are made for walking...in the London Legal Walk 2019! Each year 1COR raise money to provide access to justice through their support of the London Legal Support Trust (LLST). Each...
Protecting children from harm: CN & GN v Poole Borough Council - Jun 2019
Protecting children from harm: Supreme Court hands down key decision on tort of negligence. In an important decision on the liability of social welfare services and public authorities more generally,...
Philip Havers QC, Emma-Louise Fenelon & Charlotte Gilmartin discuss Darnley v Croydon Health Services at Weightmans’ Healthcare Training Seminar - Apr 2019
As part of Weightmans’ Healthcare Training Programme 2019, Philip Havers QC has been asked to speak about the significant case of Darnley v Croyden Health Services, in which he appeared as leading...
Delighted to announce that Richard Booth QC and Philip Havers QC are nominated for Chambers Bar Awards - Oct 2018
Tonight is the night we get to find out the results of the Chambers & Partners Bar Awards 2019. We are thrilled that our former head of chambers, Philip Havers QC and current head of chambers,...
The Supreme Court has handed down its judgment in this interesting and important claim in Darnley v Croydon Health Services - Oct 2018
Philip Havers QC led Bradley Martin QC of 2 Temple Gardens and was instructed by Cassius Box of Capsticks in Darnley v Croyden Health Services. On Monday 17 May 2010, the claimant was struck on...
Chambers is delighted to announce that Richard Booth QC will take over from Philip Havers QC as Head of Chambers - Oct 2018
Philip himself took over as Head of Chambers from his predecessor, Robert Seabrook QC, on October 2nd 2006 and has been re-elected unopposed for two further four-year terms. At that time, Chambers...
1COR represent the Chief Justice of Trinidad & Tobago in an appeal to the Judicial Committee of the Privy Council - Jul 2018
Philip Havers QC, Ian Benjamin SC and Hannah Noyce of 1 Crown Office Row, together with a team of local counsel, acted for the Chief Justice of Trinidad and Tobago in an appeal to the Judicial...
Seven 1COR members in landmark Supreme Court case - Jul 2018
The Supreme Court will today begin hearing the appeal in CN & GN v Poole Borough Council. The case will consider the extent to which local authorities owe a common law duty to protect from harm...
Philip Havers QC and Richard Mumford successfully resist appeal in consent case - Jun 2018
On Thursday 7 June the Court of Appeal handed down judgment in Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307. The case concerned allegations of failure to warn of the risk of...
Philip Havers QC appears today in the Supreme Court in Darnley v Croydon Health Services - Jun 2018
The Supreme Court will today hear this case involving the liability of NHS Receptionists following allegations of negligence after a permanent brain injury was sustained by the claimant. Philip Havers...
The Supreme Court has granted permission to the Appellants to appeal in the case of CN (1) & GN (2) v Poole Borough Council - Mar 2018
The Appellants are represented by Lizanne Gumbel QC leading Iain O’Donnell and Duncan Fairgrieve of 1 Crown Office Row, instructed by Leigh Day, and the AIRE CENTRE have instructed Philip Havers QC...
Philip Havers QC successful in interesting clinical negligence claim - Nov 2017
In Meadows v Khan, the Claimant’s GP admitted that she failed to arrange for the appropriate tests to show whether the Claimant was a carrier of haemophilia which led the Claimant to believe that...
Philip Havers QC and Shaheen Rahman QC appear in Supreme Court prisoner smoking ban appeal - Nov 2017
Philip Havers QC and Shaheen Rahman QC have appeared in the Supreme Court on behalf of the appellant in this landmark case regarding the application of the smoking ban in prisons. Philip Havers QC and...
Supreme Court will hear case involving the liability of the NHS for Hospital Receptionists - Oct 2017
The Supreme Court has granted leave to hear the case of Darnley v Croydon Health Services, which involves the liability of NHS Receptionists after allegations of negligence were made following a...
Philip Havers QC and Adam Wagner successful in High Court Securitas Raid repatriation Judicial Review - Jul 2017
The High Court has ruled that a decision refusing to send an Albanian prisoner back to his home country to serve the remainder of his sentence was unlawful. The decision has been quashed and the...
Philip Havers QC leads Adam Wagner in High Court Securitas Raid repatriation Judicial Review - Jul 2017
Philip Havers QC and Adam Wagner are acting for Jetmir Bucpapa, a 35-year-old Albanian, who was jailed in 2008 for his role in a £53 million armed raid at a Securitas depot in February 2006. He was...
Clinical negligence and the duty to disclose: full house of 1COR members in high profile Court of Appeal case - Jun 2017
Five members of Chambers appeared before the Court of Appeal in ABC v St George's Healthcare NHS Foundation Trust and others. The Appellant, known as ABC, appealed against the strike out of her...
Philip Havers QC and Neil Sheldon succeed in Supreme Court on Art 8 Rights case - May 2017
Philip Havers QC and Neil Sheldon appeared for the Crown Prosecution Service (CPS) in SXH v CPS. The Supreme Court held that Article 8 of the Convention did not apply to the CPS's decision to...
Stephen Miller QC, Philip Havers QC and Owain Thomas QC in a significant clinical negligence judgment - Apr 2017
In an interesting application of the Bolam principles, Mr Justice Foskett concluded that there was no established body of opinion in 1998, which would have concluded that there was a clearly...
Philip Havers QC wins appeal about negligence of NHS Receptionist - Mar 2017
Philip Havers QC was successful in a key Court of Appeal case as to whether receptionists in the A&E Department of a hospital owe a duty of care to patients as to the information they provide (or...
Philip Havers QC and Isabel Mcardle represent APIL in a judicial review brought by the Association of British Insurers - Jan 2017
The Association of Personal Injury Lawyers (APIL) is acting as an Interested Party in a judicial review brought by the Association of British Insurers (ABI), who are seeking to challenge the decision...
Philip Havers QC and Shaheen Rahman to appear in the Supreme Court in prisoner smoking case - Oct 2016
R(Black) v Secretary of State for Justice [2015] 1 WLR 3963, [2015] 4 ALL ER 790; [2016] 3 WLR 28: [2016] 3 All ER 30: (2016) 150 BMLR 145: Times, May 6, 2016. In this case Philip Havers QC and...
1 Crown Office Row supports LGBT Freebar - Feb 2016
Philip Havers QC and seven other members of Chambers from London and Brighton are due to attend the official launch tonight of the LGBT Freebar which is supported by Stonewall. The aim of the group...
Philip Havers QC and Shaheen Rahman in Prison Smoking Appeal - Feb 2016
Philip Havers QC and Shaheen Rahman have appeared for the Respondent in the Court of Appeal in Black v SSHD, the prisoner smoking case. The Court considered whether Crown Immunity applied to...
”Healthier Together” judicial review challenge dismissed - Jan 2016
Philip Havers QC, Jeremy Hyam and Kate Beattie succeeded in defending the judicial review challenge to the "Healthier Together" programme in Greater Manchester. Mr Justice Dove rejected each of the...
1COR in Healthier Together judicial review - Dec 2015
Philip Havers QC, Jeremy Hyam and Kate Beattie appeared in the "Healthier Together" judicial review claim heard on 9 and 10 December 2015 in Manchester. In this case a private company called "Keep...
Philip Havers QC, Rachel Marcus and Kate Beattie contribute to 5th edition of Clinical Negligence - Sep 2015
Philip Havers QC, Rachel Marcus and Kate Beattie have written the chapter on clinical negligence and human rights for the 5th edition of 'Clinical Negligence' (editors Dr Michael Powers QC and Dr...
Philip Havers QC in another important right to die case challenging GMC guidance in such cases - Jul 2015
Philip Havers QC acted for 'Martin', a man with locked-in syndrome, who asked the High Court to allow him to obtain assistance from a doctor to end his life. The relevant GMC guidance constrained the...
Four members of 1COR in duty of care case - Jun 2015
The Claimant's father killed the Claimant's mother in 2007 and was detained at a hospital run by the Second Defendant. In 2009 he was diagnosed with Huntington's Disease, meaning that the Claimant...
Supreme Court decision in the Right to Die case of Martin - Jun 2014
Philip Havers QC is representing "Martin" in his challenge against the refusal of the DPP to clarify the circumstances in which he will prosecute professional helpers in "right to die" cases. ...
1COR appear on both sides of a case where a woman had to wait 100 minutes for an ambulance - Jun 2014
Elizabeth-Anne Gumbel QC represented Caren Paterson in her claim against the London Ambulance Service. Caren Paterson collapsed in her flat in 2007 and suffered abnormal breathing. An ambulance was...
Philip Havers QC, Jeremy Hyam and Kate Beattie in landmark Court of Appeal victory for patient rights in DNACPR decisions - Jun 2014
The Court of Appeal has upheld a challenge to the lawfulness of "Do Not Attempt Cardiopulmonary Resuscitation" (DNACPR) orders, holding that NHS Trusts are under a legal duty to consult with and...
Philip Havers QC, Jeremy Hyam and Kate Beattie appear in the Court of Appeal for the family of Janet Tracey - May 2014
Philip Havers QC, Jeremy Hyam and Kate Beattie, instructed by Leigh Day appear in the Court of Appeal for the family of Janet Tracey, who had a "Do Not Attempt Cardiopulmonary Resuscitation" (DNACPR)...
Philip Havers QC represented the Ministry of Defence in the appeal by Marine Al Blackman who was convicted of murdering an injured Taliban insurgent - Apr 2014
Former Colour Sergeant Al Blackman was convicted by a Court Martial last year of murdering an injured Taliban insurgent and he was sentenced to a minimum of 10 years in prison. He is now appealing...
Philip Havers QC in the Court of Appeal on the Right to Die case of Martin - May 2013
Philip Havers QC is representing "Martin" in his challenge against the refusal of the DPP to clarify the circumstances in which he will prosecute professional helpers in "right to die" cases. ...
Philip Havers QC, Jeremy Hyam and Marina Wheeler in judicial review on consultation re closure of centres for paediatric cardiac surgery - Mar 2013
Philip Havers QC and Jeremy Hyam have successfully represented the Save Our Surgery group in a judicial review challenge to 'Safe and Sustainable' paediatric heart reconfiguration. In this...
Philip Havers QC represents the LSB in a Supreme Court case regarding the legal privilege of accountants offering tax advice - Feb 2013
The case concerns Prudential's refusal to hand over documents to the tax authorities concerning a marketed tax avoidance scheme. The insurer had informed HMRC of the scheme but said it should not be...
Members Appointed to the Legal Services Board External Panel of Legal Advisors - Dec 2012
We are pleased to announce that Philip Havers QC, Robert Kellar, Alasdair Henderson and Karwan Eskerie have all been appointed to the Legal Services Board (LSB) External Panel of Legal Advisors. One...
Philip Havers QC and Sydney Chawatama win in Court of Appeal on a matter of fact in breast cancer claim - Mar 2012
Sydney Chawatama successfully represented a claimant at trial in a clinical negligence case arising from the failure to investigate a breast lump correctly which was later diagnosed as cancerous. ...
Philip Havers QC in the Privy Council for the Governor of the Turks and Caicos and the Commissioner in corruption allegations - Mar 2012
The Privy Council is hearing an appeal by a Slovakian businessman, Mario Hoffman, against certain provisional findings made in a report by Sir Robin Auld (formerly a Court of Appeal judge in England)...
Philip Havers QC in High Court decision on legality of professional advice in right to die case of Martin - Feb 2012
Daniel Sokol (pupil at 1 Crown Office Row) has written for the UK Human Rights blog on the details of this case and its impact. The full post is available here. At present, it is lawful in England...
Philip Havers QC appointed specialist advisor to the Legal Services Board - Jan 2010
