Members of 12KBW’s Clinical Negligence Team will be holding an afternoon of thought-provoking discussion on topical issues ranging from consent, breach/causation in spinal injuries, handling expert evidence and material contribution.

A drinks and canapes reception will follow the seminar.

This seminar is in-person only.

Please contact event@12kbw.co.uk if you are interested in attending this seminar.

Programme

Time Talk Information
15:00

Registration & Refreshments 

15:15

Consent in Clinical Negligence – Revolution or Evolution

Dr David Sharpe KC

15:55

Causation in spinal injuries

Isaac Hogarth, Cressida Mawdesley-Thomas

16:25

Refreshment Break

16:40

How to Handle Expert Evidence in Clinical Negligence Claims

John-Paul Swoboda, Charley Turton

17:10

Material Contribution: Finding a Route Through This Hall of Mirrors

Michael Brace, Henry F. Charles

17:40

Drinks and Canapés Reception

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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Isaac Hogarth

Isaac has a specialist clinical negligence, personal injury and insurance practice. A large number of Isaac’s instructions relate to cases involving life-changing spinal and brain injuries, chronic pain and fatalities. He is ranked as a leading junior in personal injury and clinical negligence in both the Legal 500 and Chambers and Partners 2024.

In addition to his injury practice, Isaac has a growing reputation as an insurance specialist and is often instructed to advise insurers and the MIB on technical coverage and indemnity issues.

Isaac is an experienced advocate with an excellent track record at trials, joint settlement meetings and mediations. He is often instructed as a junior in high value claims, but also has extensive experience as sole counsel.

In addition to his civil practice, Isaac is often instructed to provide representation at inquests, particularly those arising from deaths in hospitals and road traffic accidents.

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Cressida Mawdesley-Thomas

Cressida specialises in all aspects of Personal Injury law. She has a thorough and collaborative approach and is recognised by The Legal 500 as a Rising Star who “has already amassed an extremely impressive caseload, far beyond that of many barristers much more senior”.

In disease litigation Cressida acts for Claimants suffering from mesothelioma, lung cancer, diffuse pleural thickening and asbestosis. She is also experienced in VWF/ HAVS claims. She regularly appears in the Masters’ corridor and is well versed in limitation arguments and complex issues of causation. As second junior in Mather v MOD she helped obtain a settlement of over £3 million for a former RAF painter & finisher who developed MS following exposure to organic solvents in breach of the COSHH Regulations.

Cressida has particular interest in equine claims brought under The Animals Act 1971.  She is currently junior counsel in a high value, complex CRPS claim following a military riding accident. Cressida is adept at drafting schedules of loss in cases involving the loss of a military career.

In clinical negligence Cressida has experience in a range of different cases, including delayed diagnosis, as well as unnecessary and negligent surgery. This compliments her coronial practice where she is instructed in inquests involving multiple expert jurisdictions. She successfully obtained a regulation 28 prevention of future death report in a case arising out of the police’s treatment of head injuries and questioned experts in pathology, neuropathology, and toxicology.

Cressida is adept at handling complex motor insurance indemnity points. She successfully acted as Junior Counsel for the Second Defendant in Covea Insurance Plc v Greenaway [2021] 3 WLUK 379, considering the meaning of the ‘stolen or unlawfully taken’ exception under s. 151 of the Road Traffic Act 1988Greenaway was the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018. Unled she successfully acted for the Second Defendant in Kelec v (1) Kotwal (2) Nelson Insurance (HHJ Dight CBE, central London County Court, 18 August 2022). The case concerned the limits of a direct action under The European Communities (Rights against Insurers) Regulations 2002 (‘the 2002 Regulations’).

Cressida acts and advises in costs litigation, including detailed assessment hearings, where she is an effective advocate. She co-edits 12 King’s Bench Walk’s Costs blog with Deputy Costs Judge Andrew Roy.

Prior to coming to the Bar Cressida worked at a top American investment bank. She is highly numerate and drafts living and fatal schedules of loss beyond her year of call.

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John-Paul Swoboda

John-Paul specialises in Serious Injury, Asbestos Litigation, International litigation, Aviation, 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. John-Paul was elected joint Deputy Head of Chambers in July 2024.

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:

  • Johnstone v Fawcett’s Garage (Newbury) Ltd [2023] EWHC 3010 (KB) (appeal listed in February 2025)
  • 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).

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, having worked on cases arising from air disasters. He regularly appears in Package Holidays claims, 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); Maddison v TUI [2023] EWHC (to be heard by the Court of Appeal). John-Paul is ranked in the Legal 500 for Travel Law including Jurisdictional issues.

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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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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Michael Brace

Michael specialises in high value and complex personal injury claims and is recognised as a leading junior: In the current edition of Chambers & Partners he is described as “detail-oriented and client-friendly” and as providing “very clear and detailed advice” whilst the current edition of the Legal 500  notes he “is able to advise on a range of cases to include more novel cases such as hypersensitivity pneumonitis claims.’    

Michael’s practice focuses on:

  • Catastrophic injuries  and fatalities
  • Brain injuries
  • Complex orthopaedic and amputation cases
  • Psychiatric conditions

Michael  practice is UK -wide.  He acts for both claimants and defendants and receives instructions from leading solicitors and major insurers.  He has particular experience in dealing with complex and contested medical and engineering evidence.

Michael was one of the Attorney General’s Junior Counsel to the Crown from 2000 – 2007 and a “Panel Counsel to the Welsh Assembly Government” from 2000-2007.

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Henry F. Charles

Henry is recognised as a leading personal injury and clinical negligence practitioner.  He acts for Claimants and Defendants typically in complex and high value claims.  He has negotiated settlements as high as nearly £7,000,000.

He was awarded Personal Injury and Clinical Negligence Junior Barrister of the Year award in 2014 by Chambers & Partners.  He has appeared in their guide for many years, recommended in both personal injury and clinical negligence.  Observers have said, for example,  “I am impressed by his attention to detail and his commitment to ensure that no stone gets left unturned. He has a very agile and adaptable approach to things" and that he is “A tower of strength; he is calm in the midst of battle, knows how to read judges and is an excellent strategist”  He has also been described as "unflappable and laser-like in terms of his focus.", an "extremely safe pair of hands," and as “delightful” with both “panache and a beautiful manner". “He knows when to fight,” declare observers.

Henry encourages a team approach, he is happy to travel to see claimants and insurers alike.

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