The 12KBW clinical negligence group presents its second clinical negligence series this time entitled “Law and Practice”. Whilst our last series (“Head to Toe”) focused on medicine, the series has, as the name suggests, an unabashed focus on law, tactics and strategy in clinical negligence litigation. The talks, all delivered by leading clinical negligence barristers, will take you on a tour of the major legal landmarks in clinical negligence litigation but will also get you thinking about practical and strategic matters such as “getting the most out of experts”, or simply “how to build a successful case”. The series starts on 15th February and the 8 talks will continue through to June. We hope to see you at the webinars!

This event is free of charge and will be accredited by APIL training.

For more information, please contact events@12kbw.co.uk

Programme

Time Talk Information
17:00

Experts and how to make the most of them – Thea Wilson & Daniel Sokol

Watch Recording

17:00

Breach of duty (non-consent) – Rachit Buch & Isaac Hogarth

Watch Recording

17:00

Consent – Elizabeth Boulden & Megan Griffiths

Watch Recording

17:00

Causation Vanessa Cashman & Ted Cunningham

Watch Recording

17:00

Protected Parties (capacity, COP issues, anonymity, and approval) –Vanessa Cashman & Ted Cunningham

Watch Recording

17:00

Quantum (an update) – Charlotte Reynolds & Elizabeth Boulden

Watch Recording

17:00

Building a successful case – William Audland QC & Edward Ramsay

Watch Recording

17:00

Fatal cases: Quantum and Procedure  – John-Paul Swoboda & Charles Robertshaw

William Audland KC

William is ranked as a leading silk in all the major directories in all his principal areas of practice - international, travel and aviation, personal injury and clinical negligence – and specialises in cross-border claims which combine these areas of expertise. He represents both claimants and defendants, and has a growing practice as a mediator.

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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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Charlotte Reynolds

Charlotte represents both claimants and defendants in a broad range of catastrophic personal injury and clinical negligence claims including those involving brain injury, spinal injury, and amputation claims. She has a particularly strong reputation in claims involving serious psychiatric injury, chronic pain, and somatoform disorders, including Fibromyalgia, Chronic Fatigue Syndrome and Functional Neurological Disorder.

Her knowledge of the health and social care sector also means that she brings additional insight and experience to cases involving injuries sustained in a hospital or care home setting.

Charlotte has a particular interest in claims involving dishonesty ranging from high value claims involving exaggerated injury and loss to staged accidents, and regularly lectures on the topic. She is often involved at an early stage to review the evidence and advise on the best tactical approach to lead the case to a successful resolution be that a finding of fundamental dishonesty, discontinuance, or settlement well below the pleaded value.

Charlotte also advises insurers and policyholders on policy disputes concerning policy wording and coverage and indemnity issues.

Charlotte is also a member of the Bar Council Ethics Committee.

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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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Charles Robertshaw

Charles specialises in complex personal injury claims. He is regularly instructed for both claimants and defendants in a wide range of personal injury work involving serious injury and death, including: employers’ liability, public liability, highways claims, clinical negligence, and road traffic liability. Charles’ practice involves claims of high value, including some in excess of £1 million.

Charles is known for combining his notorious attention to detail and thorough preparation with an ability to identify the key issues in the case and provide pragmatic, clear, logical advice to his clients.

Charles is an experienced, persuasive and robust trial advocate. He is approachable and builds a strong rapport with his instructing solicitors and clients.

Where settlement is appropriate for his clients, he is a skilled negotiator both in JSM’s and in mediations and regularly achieves successful outcomes for his clients without recourse to trial.

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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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Rachit Buch

Rachit specialises in personal injury, industrial disease, international and travel law and clinical negligence work. He has an interest in employment law claims, particularly in cases involving psychiatric harm.

His industrial disease practice focuses on mesothelioma claims and other asbestos-related diseases.

Rachit has experience in cases involving a public law aspect, recently being instructed in the Undercover Policing Inquiry, as well as an established inquest practice.

He acts for claimants and defendants/respondents.

Having studied Human Genetics before studying for the Bar, Rachit applies his knowledge of scientific and medical issues to the law.

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Daniel Sokol

Daniel is ranked as a “Leading Junior” in the Legal 500 (2024), where he is described as “extraordinarily bright and a highly effective litigator. He has sound judgement and good commercial awareness. He is a singularly impressive lawyer who punches well above his level of call."

He has a specialist interest in personal injury, clinical negligence, and education law. He has experience of high value catastrophic PI and clinical negligence cases, including fatal accidents, tetraplegia, amputations and severe somatoform disorders. He has represented families at inquests involving deaths in hospital.

A former university lecturer with a PhD in medical ethics, he is comfortable on his feet and in writing.   In November 2011, as a pupil, Daniel was awarded the Inner Temple Advocacy Prize and he has since been involved in advocacy training for Bar students.

He undertakes a wide range of court work, acting for both Claimants and Defendants.

Daniel is the Lead Adviser for Alpha Academic Appeals, assisting university students who have been accused of misconduct, from cheating to sexual assault, who are appealing academic results, or who are undergoing fitness to practise procedures.

Daniel has been a keynote speaker in international medical conferences, an after-dinner speaker, written four books on ethics and law and over 400 articles, both in peer-reviewed academic journals and in newspapers such as the Times, the Guardian, the Telegraph, the Independent, and the New York Times.

He is a columnist for the British Medical Journal on ethico-legal issues, for which he was awarded ‘Best Column’ by the Medical Journalists’ Association in 2015.  He appears regularly on the BBC as an expert in medical law and ethics.

In 2020, Daniel was appointed Chairman of the Metropolitan Police Research Ethics Committee.  He was formerly a member of several committees, including those for the Ministry of Defence, the Ministry of Justice, and the Royal College of Surgeons.

He is trained to accept direct instructions from the public under the Bar’s public access scheme and has authority to conduct litigation.  He is an accredited mediator.

He speaks French fluently, has conversational Spanish, and enjoys squash and tennis. He is a close-up magician and, in 2014, was admitted as a Member of the Magic Circle.

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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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Edward Ramsay

Edward is ranked as a Leading Junior for Clinical Negligence in the Legal 500 and for Inquests and Inquiries in both the Legal 500 and Chambers and Partners. He has been described as showing “huge attention to detail”, with “a razor-sharp intellect” and an “unrivalled knowledge of coronial law”. In court the directories describe him as being “skilled”, “impressive”, and “fantastic on his feet”, with “a natural instinct of which lines of inquiry to pursue with witnesses”.

Edward accepts instructions across all practice areas in Chambers. He specialises in healthcare and inquest law and is frequently instructed in lengthy and complex hospital inquests, including enhanced Article 2 inquests and jury inquests.

In 2021 Ed was appointed Assistant Coroner for the Swansea Neath Port Talbot area.

He retains a busy personal injury and clinical negligence practice acting for claimants and defendants, particularly in the field of fatal accident claims, and often where he has previously appeared at the inquest relating to the death in question. He has led many high value cases through from inquest to successful settlement, including at JSM and mediation.

Ed has extensive experience managing experts in conference and in drafting statements of case and complex schedules of loss. As a result of his inquest practice, he has a wealth of experience in general witness handling, including examination of experts.

Ed continues to act for large insurers in fraud and related costs work arising out RTA and exaggerated credit hire claims.

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Ted Cunningham

Ted accepts instructions across all of 12KBW’s core areas. He specialises in personal injury, fundamental dishonesty, fatal accidents, sports law, costs and inquests.

Ted is an extremely experienced advocate and continues to appear in Court multiple times a week. In addition to a busy Court diary, Ted’s paperwork practice includes advising and pleading in high value claims for both Claimants and Defendants in both the County and High Court.

Away from Chambers, Ted has had several articles published in national newspapers, presented his own radio shows and volunteered both abroad and in the UK with human rights and legal charities.

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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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Megan Griffiths

Megan’s practice spans many of chambers’ specialisms but comprises mostly general personal injury, abuse and clinical negligence work.

Megan has a busy paper practice and is regularly instructed in six figure claims. She frequently advises on all aspects of claims for psychiatric injury arising from historic sexual abuse including limitation and to facilitate settlement negotiations, the quantum of amateur sporting injuries and the merits and quantum of claims for delayed and negligent clinical treatment.

Megan is also often instructed to assist leading counsel with disclosure issues in cases of significant value and/or importance because of her detailed and analytical approach. She was recently instructed as Second Junior in international group litigation for alleged breaches of human rights in the workplace by way of sexual abuse, harassment and gender-based discrimination; to advise on disclosure issues in a complex multi-million pound claim involving a traumatic brain injury and amputation; and to contextualise complex causation issues in an industrial disease group action.

Megan is regularly instructed to represent claimants and defendants in court at trials, interlocutory hearings and approval hearings. She is in court almost every week.

She has been praised by her instructing solicitors for her communicative and thorough approach to case preparation in both her court work and paper practice.

Megan is a member of the Government’s Junior Juniors Scheme and of the Metropolitan Police Panel of Counsel. She regularly contributes to chambers’ various blogs and her articles have been republished in AvMA’s newsletters and on LexisPSL.

Before joining chambers Megan worked as a paralegal at two London law firms in domestic abuse and clinical negligence departments. She therefore appreciates the importance of working closely with solicitors to achieve the best results for clients.

Megan is happy to consider instructions on a CFA or legal aid funded basis where appropriate.

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