12 KBW’s clinical negligence team are launching a number of mini-series to cover breach of duty, causation and quantum, within several of the most difficult and high value types of claim: spinal cord injury, injury at birth and oncology claims. This first mini-series will cover spinal cord injury, and will feature top experts in emergency medicine and neurosurgery as well as number of specialist practitioners from Chambers.

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

Programme

Time Talk Information
17 Nov 2022 | 17:00

Breach of Duty in Spinal Cord Injury

The Inner Temple, Crown Office Row, London, EC4Y 7HL

This talk will cover breach of duty in spinal cord injury claims, with a focus on the emergency department. We are delighted to be joined by Dr Julia Harris to guide us through the medical background on missed and delayed diagnosis in traumatic and non-traumatic SCI. Isaac Hogarth and Charlotte Reynolds will explore legal issues and examine relevant case law. The event is an in-person event and will be followed by drinks and canapés.

This talk is accredited with 1 CPD hour by APIL Training

02 Dec 2022 | 09:00

Causation in Spinal Cord Injury

12 King’s Bench Walk, Temple, EC4Y 7EL / Online

This talk will cover causation in spinal cord injury, including classification of SCI, spinal injection including epidural abscess, spinal tumours including metastatic cord compression and spinal fractures. We are delighted to be joined by Mr John Leach, Consultant Neurosurgeon, who will guide us through the medicine. Henry Charles and Cressida Mawdesley-Thomas will explore the legal aspects of these claims, including relevant case law. This will be a hybrid breakfast seminar, with some attendees to be hosted on Chambers and others to join by Zoom.

This talk is accredited with 1 CPD hour by APIL Training

07 Dec 2022 | 17:30

Quantum in Spinal Cord Injury

12 King’s Bench Walk, Temple, EC4Y 7EL / Online

Steven Snowden KC and Rachit Buch will explore the challenges and pitfalls involved in quantum within these claims, including accommodation issues, general damages and provisional damages. This will be a hybrid event, with some attendees to be hosted on Chambers and others to join by Zoom.

This talk is accredited with 1 CPD hour by APIL Training

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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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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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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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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Dr Julia Harris, Emergency Medicine Consultant

Julia was appointed as a Consultant in Emergency Medicine at Chelsea and Westminster Hospital in 1999. She has worked in the ED at Southampton since 2003. Her current clinical work is adult only.

Her medicolegal experience is over 23 years reporting in personal injury and clinical negligence cases relating to emergency medicine practice. She now only reports in clinical negligence cases.

The majority of her instructions are in relation to spinal injury (trauma and non-trauma) and for the Defendant. Other cases cover stroke, myocardial infarct, trauma, sepsis, abdominal and chest pain.

Ms Harris has a role as an Associate Dean for Health Education England and was a member of the Royal College of Emergency Medicine Training Standards Committee for 10 years, chairing the Committee and a member of the RCEM Council for 3 years. She is an examiner for the College. Ms Harris is an Accredited Mediator and undertakes voluntary community medication for the New Forest Mediation charity and some work in small claims mediation

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Mr John Leach, Consultant Neurosurgeon

John is a neurosurgeon specialising in spinal neurosurgery and oncology (brain and spine tumours).

Born in London, John grew up in Sydney before moving back to the U.K to study medicine at both Oxford and Cambridge. He was awarded a Masters in Neurophysiology whilst at Gonville & Caius College, Cambridge, and completed his medical studies at Brasenose College, Oxford in 1998.

Training as a junior doctor was also split between Australia and the UK. John’s basic surgical training was predominantly in Melbourne, with some neurosurgical training at The National Hospital for Neurology and Neurosurgery, Queen Square, London. His interest in neuroscience began at an early stage in his medical career, but was really stimulated by working for Professor Andrew Kaye in his world-renowned unit at The Royal Melbourne Hospital from 2001-3.

John commenced specialist neurosurgery training at the old Radcliffe Infirmary, Oxford and supplemented this with a Fellowship in neuro-oncology and spinal surgery back in Melbourne at The Alfred Hospital.

Since 2009, John has been a consultant neurosurgeon at Salford Royal, which serves as the neuroscience centre for the whole Greater Manchester region and beyond. He was attracted to Manchester by the reputation of the neurosurgery department as a cohesive unit of consultants driving forward changes in UK neurosurgery such as sub-specialisation, training and research. The Brain and Spine Clinic epitomizes this ethos of highly sub-specialized neurosurgeons bringing their own particular skills to a network of colleagues and, most importantly, guiding patients towards the very best treatments that can be offered both here and around the world.

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