Please join us for the 12KBW birth-injuries clinical negligence mini-series.

Birth injuries give rise to some of most complex, emotionally challenging, and high value claims. This mini-series provides a deep dive into this litigation with pre-eminent experts, Gerald Mason (Consultant in feto maternal medicine) and Kevin Ives (Consultant neonatologist) joining our leading barristers in three separate sessions.

This series is free of charge and accredited by APIL Training.

Programme

Time Talk Information
21 Feb 2023 | 16:30

Breach of duty in birth injury claims (Online)

Gerald Mason (Consultant in feto maternal medicine), Vanessa Cashman and Elizabeth Boulden provide a forensic analysis of breach of duty in birth injury claims , an issue, as shown in the recent case of CNZ v Royal Bath Hospitals NHS Foundation Trust, which is rarely easy to resolve.

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09 Mar 2023 | 16:30

Causation in birth injury claims (Hybrid)

Kevin Ives (Consultant Neonatologist), John-Paul Swoboda and Thea Wilson attempt to unravel the complex medicine and law surrounding causation in birth injury claims. Minutes ‘saved’ can change the course of a life so understanding how that could have been achieved is vital.

16 Mar 2023 | 16:30

Quantum in birth injury claims (Online)

Dr David Sharpe KC and Charley Turton provide expert insight into those quantum issues particular to birth injury claims.

Dr. David Sharpe KC

Dr David Sharpe KC specialises in clinical negligence, professional negligence, serious personal injury, construction, sport, inquests & inquiries and property law. David practices within all areas of England & Wales and works for claimants and defendants.

He practiced as a doctor to Consultant level in Emergency Medicine (and is a Fellow of both the Royal College of Surgeons and Royal College of Physicians) prior to qualifying as a Barrister and retains an exceptional knowledge of scientific, medical and technical matters relevant to his current legal practice.

David is also admitted to the Inner Bar in a number of other jurisdictions, has developed expertise of jurisdictional issues and has built a strong international aspect to his practice. He regularly receives instructions from overseas.

He has fully embraced ADR and is a qualified arbitrator and mediator. As such he is equally happy to act either as arbitrator/mediator or as counsel in such proceedings.

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John-Paul Swoboda

John-Paul specialises in Serious Injury, Asbestos Litigation, International litigation (injury and non-injury work), Clinical Negligence, Professional Negligence, Sports and Inquests. He undertakes high value work appearing in the High Court and Appellate Courts. He enjoys working as part of a team. He won the Legal 500 Personal Injury Junior of the Year Award in 2023.

In relation to asbestos claims, he is instructed by most, if not all, well-regarded claimant firms with an established asbestos team. He is ranked in Chambers and Partners and the Legal 500. Recent reported cases include:

  • Keegan v Independent Insurance Co Ltd [2022] EWHC 1992 (QB);
  • Brooks v Zurich Insurance Plc [2022] EWHC 1170 (QB);
  • Witham v Steve Hill Ltd [2021] EWCA Civ 1312 (led by Steven Snowden KC);
  • Gregory v H J Haynes Ltd [2020] EWHC 911 (Ch);
  • Helm v Kenyon & Sons Ltd v Somewatch Ltd [2019] EWHC 1108 (QB);
  • Cary v Vauxhall Motors Ltd [2019] EWHC 238 (QB);
  • Mark v Universal Coatings and Services Ltd v Barrier Ltd [2018] EWHC 3206 (QB);
  • Stacey v Triplex Safety Glass Company Ltd [2017] EWHC 1945 (QB).

John-Paul is ranked in the Legal 500 for Travel Law including Jurisdictional issues. His private international law expertise spans jurisdiction (pre and post-Brexit), applicable law (pre and post-Brexit), forum non conveniens cases and service out of the jurisdiction in both injury and non-injury commercial work. John-Paul also has expertise in Aviation, Package Holidays, Admiralty matters, Athens and Montreal Convention cases and clinical negligence cases with a foreign element. As a result of his Spanish language skills, John-Paul is often instructed in Spanish cases and has appeared as an expert in English law in the Spanish Courts. Recent reported cases include: Chouza v Martins & Ors [2021] EWHC 1669 (QB) (Spanish law); Haggerty-Garton v ICI [2021] EWHC 2924 (QB) (Scots law).

John-Paul’s clinical negligence work is high value and he receives instructions from most ranked firms. He is ranked in the Legal 500 for his clinical negligence work. He enjoys the medical and scientific aspects of such litigation and works closely with his instructing solicitors and experts. He has significant experience of cases involving birth injury, amputation, unnecessary and negligent surgery, delayed diagnosis, fatal cases, disclosure of risk and the negligent administration of clinical drugs.

John-Paul is listed in the Legal 500 and Chambers and Partners for his more general personal injury work which includes EL, PL and RTA cases. Recent reported cases include Irani v Duchon [2019] EWCA Civ 1846.

John-Paul undertakes professional negligence work, mainly in respect of actions arising from personal injury claims. He successfully represented the Claimant in the Court of Appeal in Witcomb v Keith Park Solicitors [2023] PNLR 20.

He practices Sports Law where he is able to bring his extensive Personal Injury and Clinical Negligence knowledge to bear on such matters. However, his practice is not restricted to injury related work; he accepts non-injury Sports work of a contractual or regulatory nature. He has received instructions relating to those in the English Premier League.

John-Paul acts for bereaved families, and occasionally acts for other interested parties, at Inquests. John-Paul has particular interest and expertise in Article 2 ECHR enhanced Inquests. He has acted in high profile Inquests such as the Inquest touching the death of Toni Speck (a death in police custody); the Inquest touching the death of Graham Coker (a death following oesophageal cancer surgery where their department was subsequently shut down); the Inquest touching the death of Jodie White-Charles where a young mother died of sickle cell complications as a result of Trust failures.

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Thea Wilson

Thea specialises in Clinical Negligence, complex Personal Injury claims, and Inquests.

Thea has a wealth of experience in handling cases involving delayed diagnosis, birth and pregnancy-related injuries, spinal injuries, brain damage, psychiatric injury, chronic pain and fatal accidents. Thea is particularly adept at handling complex quantum calculations.

Thea’s role as Assistant Coroner for Essex gives her insight and expertise in the inquest process. She regularly acts for interested parties at inquests, in particular in claims involving clinical negligence, road traffic accidents, and deaths in custody and is happy to advise on all aspects of the coronial process.

Thea’s expert knowledge of the CPR stands her in good stead in acting for and advising solicitors on procedural matters in relation to applications and appeals, and in respect of costs. She is sought after in cases with a potential fraud element and has a wide range of experience dealing with insurance coverage issues.

Thea is regularly instructed by trade union organisations, local authorities, insurers, the NHS, and the MIB.

With an eye for detail and a sympathetic manner, Thea is experienced in dealing with vulnerable claimants. Thea has represented victims of sexual and physical abuse both in civil claims and before the Criminal Injuries Compensation Authority Tribunal.

Thea is happy to accept cases on a CFA basis and is willing to consider Pro Bono instruction where appropriate.

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Vanessa Cashman

Vanessa specialises in clinical negligence. She acts predominantly for claimants and her practice encompasses a huge range of medical specialties. She has particular expertise in birth and obstetric injuries, spinal injury and brain injury.

Vanessa is ranked for clinical negligence in both the Legal 500 and Chambers & Partners. She is known for her warmth and sensitivity and her extensive medical knowledge.

She also has considerable experience in personal injury, inquests and costs.

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Elizabeth Boulden

Elizabeth’s personal injury practice has particular specialisms in clinical negligence, inquests, employers’ liability and international and travel claims.

She frequently represents parties in trials, CCMCs, application hearings and inquests. Elizabeth also has a busy paperwork practice advising and drafting pleadings. She is comfortable acting in multi-track and high value cases.

Elizabeth is experienced in clinical negligence cases, and she edits 12KBW’s clinical negligence blog.

Elizabeth regularly represents interested persons in inquest hearings, in particular those relating to circumstances of alleged clinical negligence in hospitals.

Prior to her legal studies, Elizabeth achieved 2 science Masters Degrees, with a particular focus on virology, immunology, cancer biology and laboratory research.

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Charley Turton

Charley specialises in clinical negligence, abuse, and injury claims with an international element.

Her broader personal injury practice encompasses interests in sports law, motor insurance and military claims. She is also keen to grow her practise in inquests and inquiries.

Charley has been led by William Audland KC, Harry Steinberg KC, Patrick Vincent KC and Andrew Roy KC of 12KBW and regularly does work for other members of chambers in high value cases.

In addition to a busy paperwork practice, Charley is regularly in court for trials, PTRs, CCMCs, interim applications and approval hearings.

As a member of Advocate (formerly the Bar Pro Bono Unit), Charley is willing to act in a pro bono capacity, where appropriate.

Prior to coming to the Bar, Charley studied English Literature at Merton College, Oxford, and was awarded a Blue for football.

When she is not in chambers Charley plays for Camden Town Football Club and is a loyal participant in the annual Blenheim Palace Triathlon.

Charley is clerked by George Boggis (boggis@12kbw.co.uk) and Daniella Evans (evans@12kbw.co.uk).

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Gerald Mason

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Kevin Ives

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