Welcome to our Manchester Clinical Negligence & Personal Injury Conference on Wednesday 18th October 2023 at The Lowry Hotel.

We have a wide choice of topical sessions delivered by our leading clinical negligence and personal injury barristers.

Please contact events@12kbw.co.uk for enquiries relating to this event.

Programme

Time Talk Information
2.00pm-2.30pm

Registration & Refreshments

2.30pm-3.00pm

Session 1

CLINICAL NEGLIGENCE

Montgomery and McCulloch: consent, where we are, and where we may go
Vanessa Cashman, Megan Griffths

OR

PERSONAL INJURY

Recent developments in cycling and highways cases
Peter Hale, Daniel Tobin

3.05pm-3.35pm

Session 2

CLINICAL NEGLIGENCE

How to Handle Expert Evidence in Clinical Negligence Claims
Henry F. Charles, Christopher Fleming

OR

PERSONAL INJURY

Expert Evidence following Muyepa -v- Ministry of Defence and Scarcliffe -v- Brampton Valley Group Ltd
Andrew Ward

3.35pm-4.00pm

Refreshment Break

4.00pm-4.30pm

Session 3

CLINICAL NEGLIGENCE

Sepsis Claims
Isaac Hogarth, Charley Turton

OR

PERSONAL INJURY

Liability update
Mary Newnham, Cressida Mawdesley-Thomas

4.35pm-5.05pm

Session 4

JOINT CLINICAL NEGLIGENCE & PERSONAL INJURY SESSION

Quantum Panel Discussion – Top Topics, Top Questions and Top Tips

Steven Snowden KCAlex Carington, Rachit Buch, David Green 

5.05pm

Drinks and canapes reception.

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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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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Peter Hale

Peter is an experienced courtroom advocate, appearing on a daily basis in trials, interim hearings and applications on behalf of both claimants and defendants. He is also known for his robust and thorough pleadings and provides detailed and tailored advice in writing or in conference on all aspects of claims which fall within his various areas of specialism.

Peter accepts instructions in all of chambers’ practice areas but has developed particular expertise in claims arising from road traffic accidents, credit hire, public liability and highways claims, employers’ liability and workplace accidents, international and cross-border litigation, military claims and industrial disease.

Peter is regularly instructed to act on behalf of claimants and defendants and is prepared to consider accepting instructions on a CFA basis where appropriate. Peter is happy to attend court in London and further afield, in person or remotely.

Before coming to the Bar, Peter worked in the International Injury department of a well-known specialist injury firm, dealing with catastrophic injuries sustained abroad or involving international elements. This has given Peter additional insight into cross-border litigation and catastrophic injury claims as well as the demands of running a busy caseload within a firm of solicitors, which enables Peter to give meaningful and practical advice on complex claims.

Peter has a postgraduate degree in European Law from the University of Rennes, France and has professional working proficiency in French as well as basic proficiency in German.

Away from Chambers, Peter enjoys classical singing, having previously worked as a cathedral musician, and currently directs an amateur chamber choir. His sporting career, which has included competing at various levels in hockey, mixed netball, shooting and chess, is more noted for its variety than its finesse.

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Daniel Tobin

Dan specialises in high value, complex personal injury, motor claims, property damage and general insurance work.

He has been listed as a Leading Junior in Personal Injury since 2010. He is currently listed as band 2 in The Legal 500 and band 3 in Chambers and Partners.

In Chambers and Partners 2023, he is described as “a very user-friendly barrister who puts clients and witnesses immediately at their ease”. He is also described as “really straight-talking and [with] a great command of the courtroom”.

Other directory’ feedback includes: “An outstanding advocate who presents cases in a straightforward and eloquent manner. (Legal 500, 2021), “a strong negotiator who presses the right buttons to obtain maximum results” (Legal 500, 2019), and “very client-focused, extremely personable and a skilled negotiator” (Legal 500, 2017)

Dan deals with liability and quantum disputes in all forms of RTA, EL and PL claims.  He is equally at home in all aspects of modern personal injury practice, whether it be settling detailed Schedules and Counter Schedules of Loss, preparing for and attending JSMs or cross-examining experts at trial. He is often instructed in cases where there are elements of fraud, malingering and/or exaggeration.

He has extensive experience of amputation and prosthetics, catastrophic brain injury, spinal injuries, chronic pain and somatoform conditions.

He often appears on his own against Leading Counsel.

Recent Defendant cases include:

  • a claim against a former employee of a large statutory undertaker who was alleging that CRPS had caused a lifelong loss of earnings, where surveillance evidence utilised at trial established malingering;
  • a claim arising from the allegedly negligent installation of a domestic hot water system which caused severe burns leading to amputation;
  • proceedings brought by a former Team GB martial artist who claimed seven-figure damages for, inter alia, being deprived of the opportunity to compete at the Tokyo Olympics;
  • a claim arising from the life-altering injuries caused when the claimant was deliberately run down and left for dead by an ex-boyfriend;
  • a double fatality caused on the M42 motorway, caused by flooding which was said to have been caused by negligently installed telecommunications apparatus;
  • representing a local authority in proceedings brought on behalf of a child who was blinded by the allegedly negligent use of a lawnmower.

In terms of his Claimant work, Dan has been described as “the go-to man for highways claims” (Chambers & Partners, 2018). He is proud of the fact that “he has an excellent knowledge of the Highways Act and a feel for injured cyclists”. (Legal 500, 2018) but remains “a very approachable and down-to-earth barrister”. (Chambers & Partners, 2018).

Recent successfully concluded Claimant cases include:

  • representing the Estate of a triathlete killed as a result of a hitting a pothole in the highway whilst training for Ironman Wales;
  • acting for a cyclist who suffered C3/C4 spinal cord injury as a result of an accident on the highway;
  • representing a dental surgeon who suffered extensive maxillo-facial and dental injuries in a cycling accident;
  • acting for a claimant who suffered a significant spinal injury whilst riding a quadbike on the public highway;
  • a claim on behalf of an elderly resident in a care home who fell down an open lift shaft;
  • acting for a pedestrian who suffered a very significant ankle fracture when tripping on a tree pit located on London Southbank;
  • a claim for a cyclist who was deliberately run over by a motorist.

Dan has also, for several years, acted for a number of large institutional defendants in claims arising from the allegedly defective installation of cavity wall systems, being work which in more recent times turns on fairly technical insurance indemnity issues arising from the significant number of CWI claims pursued under the Third Parties (Rights Against Insurers) Act 2010.

He has two teenage daughters and lives in London. Outside of work he rides his bike (a lot), enjoys reading, eating out and the cinema. He is a qualified skydiver, has a black belt in Korean kickboxing and still harbours the (albeit ever-diminishing) ambition of completing an Ironman triathlon.

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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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Christopher Fleming

Christopher accepts instructions in all of 12 KBW’s core areas, with a particular focus on matters relating to clinical negligence, cross-border disputes and industrial disease.

Christopher regularly appears in court and has an excellent track record representing both Claimants and Defendants in trials, applications and case management hearings.

Christopher also has a busy paper-based practice, drafting pleadings, witness statements and questions to experts. He is able to provide clear and methodical advice on liability, quantum, evidential issues and settlement. Christopher has a sound understanding of the civil procedural rules and is able to advise on a range of procedural issues.

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Andrew Ward

Andrew is recommended in the Chambers & Partners and Legal 500 directories as a leading personal injury junior. He represents Claimants and Defendants in high value employer’s liability, public liability and RTA personal injury claims. He has extensive experience of traumatic brain injury, amputation, chronic pain conditions, functional neurological disorder, paralysis caused by spinal injury, fatal accident claims, issues of motor insurance policy coverage and fundamental dishonesty.

The Legal 500 (2023) says:

“Andrew is a very measured and persuasive advocate at court. He is never flustered, he is scrupulously polite and he is devastatingly effective. He knows his specialist area of the law backwards, he rarely pursues bad points and he is a very sensible opponent.”

Andrew is also a tenant at Exchange Chambers, Manchester.

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Isaac Hogarth

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

Isaac is an experienced advocate with an excellent track record at trials, joint settlement meetings and mediations.

He also provides written advice on liability, quantum, evidence and procedure, drafts statements of case and advises in conference.

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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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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Mary Newnham

Mary practises predominantly in personal injury and clinical negligence. She acts for both claimants and defendants in a wide range of multi-track cases.  Mary is regularly instructed in cases involving fatal accidents, brain injuries and serious and multiple injuries. She is also very familiar with cases where there is an interplay between physical and psychological injuries or a diagnosis of functional or somatoform disorders.  She is comfortable with cases involving multiple experts, causation problems and complex calculations of loss, whether they conclude at trial or at JSM.

Mary has substantial experience in road traffic litigation, including cases involving allegations of fraud and coverage/ indemnity issues. She also specialises in employers’ liability claims and public liability cases, often involving multiple defendants.

Mary’s clinical negligence practice includes cases where consideration is given to bringing additional claims for negligent medical treatment following an accident as well as free-standing claims against medical professionals for late diagnosis, negligent treatment or lack of informed consent.

Mary is regularly instructed to appear in the Coroner’s Court and has experience of substantial inquests involving juries, potential unlawful killing verdicts, deaths in the care of the state and cases where there is potential for a Preventing Future Deaths report.

Mary provides lectures and seminars to solicitors and insurers and can do so in-house.

Mary is currently living in Manchester and is happy to cover hearings in the North-West area.

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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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Steven Snowden KC

Steven Snowden KC is recognised in the independent legal directories as one of the leading barristers in the country in his chosen areas of work. He is ranked in band 1 for personal injury and industrial disease in both the C&P and the L500 guides and also ranked for Public Inquiries and Inquests by the Legal 500.

Steven’s main areas of practice are high-value, complex or sensitive personal injury and industrial disease cases. His practice extends to associated clinical negligence and professional negligence work, Court of Protection, insurance, sports, group litigation and public inquiries. He works for claimants and for defendants.

Steven is a very experienced trial advocate and regularly deals with substantial and complex cases in court and in settlement meetings. His current caseload includes the liability and quantum aspects of head injuries, paraplegic and other serious spinal injury cases, amputations, psychiatric injuries and fatal claims. In disease work he deals with mesothelioma and other asbestos claims, and other occupational illness claims involving difficult issues of liability, causation or quantum. He represented the largest group of the infected and affected individuals and families (1,400+ core participants) in the Infected Blood Public Inquiry.  He is instructed in the professional footballers’ concussive injury claims. He is retained to represent patients and families in the Essex Mental Health Public Inquiry.

He was the elected Chair (2020 – 2022) of the Personal Injuries Bar Association, a member of the Bar Council (2020-2022), is a Director of BMIF (2022 to date) and has for many years been one of the authors of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases.

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Alex Carington

Alex’s practice encompasses 12KBW’s core areas with particular focus on travel, serious personal injury, clinical negligence, fraudulent claims and inquests.

Alex is recognised as a leading junior in Legal500 in travel law as “punching well above his weight and is already an established specialist in Athens Conventions claims”.

His passion remains in all forms of advocacy work, alongside his paper practice.

Alex has good working knowledge of German having read Law and German Law at Exeter University before completing a Masters in German Law at Saarland University, Germany. He enjoys learning from different jurisdictions and is an Honorary Member of the Tampa Bar, Florida, after taking part in an exchange programme there.

In his spare time, Alex enjoys baking, triathlon and skiing. He is a trained Level 2 Triathlon Coach and qualified to represent Team GB at age group level in the 2021 World Championships in Bermuda and the 2021 European Championships in Valencia. Alex brings his personal knowledge of sports coaching and procedures to his sports law practice.

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David Green

David is a leading personal injury junior. “The quality of David’s advice is second to none” (Legal 500 2022).

In personal injury he specialises in occupational and environmental disease claims, including all aspects of asbestos disease, and noise-induced hearing loss.

He maintains a particular interest and specialism in military cases, and is instructed in the ongoing military deafness litigation (led by Harry Steinberg KC).

David is also ranked as a rising star in employment law. “David is an excellent advocate and is able to think very well on his feet. He has very good technical knowledge of both the law and procedure” (Legal 500 2022).

Cases include:

Abbott v Ministry of Defence [2022] EWHC 1807 (QB): represented nearly 3,500 claimants for noise-induced hearing loss and/or tinnitus brought against the MOD (led by Harry Steinberg KC).

Wokingham Borough Council v Arshad [2022] EWHC 2419 (KB): successful appeal on behalf of a local authority against claim for psychiatric damage, brought by a taxi driver after a mistake in the taxi licensing process.

David also appeared for the successful Respondent in Greene v Davies [2022] EWCA Civ 414, an appeal concerning an important point of law on abuse of process in regulatory disciplinary proceedings.

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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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