Clinical Negligence: Law and Practice Series

Rachit Buch

Rachit specialises in personal injury, industrial disease, clinical negligence and international and travel law. He is ranked in the legal directories for personal injury: industrial disease (Band 2, Chambers & Partners) and clinical negligence (Tier 4, Legal 500). He is described as “a strong advocate”, who “excels at understanding both the overall picture and the important details of the case. He has a great manner with clients”.

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

His clinical negligence practice includes birth-related claims, surgical negligence and delayed diagnosis in oncology and other disciplines.

He acts for claimants and defendants in high value and complex litigation. He has particular expertise in cases with an international element, including jurisdictional challenges, cases involving foreign law and accidents abroad.

Rachit has experience in cases involving a public law aspect, including liability of public bodies such as the Ministry of Defence. He was instructed in the Undercover Policing Inquiry, as well as having an established inquest practice.

He is instructed in claims involving issues of national security including sensitive military deployments or undercover policing.

Having studied Human Genetics for his first degree, Rachit applies his knowledge of scientific and medical issues to the law.

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.

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.

Megan Griffiths

Megan specialises in claims for psychiatric injury arising from abuse, personal injury more widely and clinical negligence. She is happy to consider instructions on a CFA or publicly funded basis where appropriate.

Megan’s abuse practice sees her regularly advising on limitation, liability, causation and quantum in six figure claims for psychiatric injuries and consequential losses. She appreciates the sensitivities involved in this work and always reflects that in her approach. In recent months she has worked on claims arising from abuse within the cadets, healthcare settings, the workplace and at home. She takes instructions in claims involving both adult and child survivors and both institution and abuser-in-person defendants.

Megan’s wider personal injury practice includes claims arising from road traffic accidents, highways claims, public liability claims and employer’s liability claims. Her busy court practice, which sees her in court most weeks, informs her approach to her written and advisory work in this area including on allegations of fraud where appropriate. She also advises on tactical and procedural issues including offers and costs. She recently completed a short secondment with a defendant insurer city law firm which included work on written HSE submissions.

In her clinical negligence practice Megan works on a wide variety of cases. Recent subjects include ophthalmic treatment, negligent management of medication leading to hospitalisation and delayed diagnoses. She is particularly keen to build her practice in women’s health and apply her experience in traumatic and sensitive cases to this area.

Megan is also instructed to assist leading counsel in high value claims and group actions. She has recently assisted in an amputation and brain injury claim which settled for millions and a group action arising from gender-based discrimination sexual harassment in the workplace, contrary to workers’ human rights.

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 has been published by AvMA, Law in Sport and LexisPSL.

Before joining chambers Megan worked as a paralegal in a London law firm’s clinical negligence department. She therefore appreciates the importance of working closely with solicitors to achieve the best results for commercial and lay clients.

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.

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).

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.

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.

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.

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.

William Audland KC

William is ranked as a leading silk in the major directories in all his principal areas of practice - international and travel, personal injury, clinical negligence and sports law - 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.

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.

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.

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.