Clinical Negligence | UK Bar

1 Crown Office Row draws consistent praise from market commentators as being "at the top of the field" with an "incredible standard of counsel." Members are regularly instructed in the most complex and high-profile cases in the market, and are experienced in the handling of claims relating to injuries of the utmost severity. The team acts for both claimants and defendants, and the set's enviable client list includes several medical defence organisations, hospitals, insurers and individual doctors. The set's barristers have recently handled a number of obstetric negligence claims, including the case of ME v Barking, Havering & Redbridge University Hospitals NHS Trust. Members also have considerable experience of appearing at inquests and public inquiries. Matthew Phipps is the senior clerk.

Serjeants' Inn Chambers has "a strong group of silks and juniors" offering representation to both claimants and defendants. Its barristers are regularly instructed in high-value catastrophic injury, birth injury and fatal claims, and are well regarded for their expertise in cases involving complex medical evidence and issues surrounding liability. The set has recently been involved in the Henderson v Dorset Healthcare case concerning the liability of NHS trusts for alleged negligence in mental health treatment where the claimant then goes on to commit a criminal offence.

2 Temple Gardens houses "a wealth of knowledge that is unrivalled" across a wide range of clinical negligence claims. Areas of expertise for the team include claims arising from birth injuries, delayed diagnoses and surgical negligence, and members are regularly called upon to act in high-value quantum disputes and difficult liability trials. The set's barristers have extensive experience of representing both claimants and defendants, including medical defence organisations, private healthcare providers and NHS bodies. Recent instructions for the set include Mace Ltd v Imperial College Healthcare NHS Trust concerning the apportionment of liability between an employer and an allegedly negligent trust following an injury at work. Lee Tyler is the senior clerk.

7BR is a highly regarded set in the clinical negligence market, noted as having "the depth of experience in its leading and senior barristers to handle cases of the utmost complexity and sophistication." Areas of expertise for the team include obstetric, psychiatric and catastrophic brain and spinal injury claims, and members are experienced in the representation of both claimants and defendants, including several private hospitals and individual practitioners. The set also houses considerable strength in the handling of fatal claims, and its barristers are regularly called upon to appear at inquests. Recently, its members acted for the respondents before the Supreme Court in the appeals concerning secondary victim claims in clinical negligence.

Hailsham Chambers is described by instructing solicitors as hosting "barristers of the highest calibre" able "to handle both legally complex and factually challenging cases." The team is highly regarded for its expert representation of both claimants and defendants in a wide range of clinical negligence cases, and offers considerable strength in brain and spinal injury, obstetric and fatal claims. Members are also recognised for their adroit handling of claims involving allegations of surgical negligence and failures in diagnoses. Its barristers recently acted in NKX v Barts Health NHS Trust, a very high value birth injury claim. Difficult quantum disputes and cases involving complex issues surrounding liability and causation are also key areas of strength for the team.

39 Essex Chambers is considered "an excellent set" who are "real leaders in the market." Its members bring "really good technical knowledge and a breadth of experience" and are regularly called on to represent both injured claimants and defendants, such as NHS Resolution, healthcare insurers and several medical defence organisations, in the full range of clinical negligence claims. Members are experienced in the handling of complex cases involving allegations of negligent treatment and delayed and missed diagnoses, and are noted for their expertise in both individual and group actions. The set is also regarded as a go-to for difficult and high-value quantum disputes and product liability claims relating to faulty medical products, such as ongoing metal-on-metal hip litigation.

Cloisters Chambers is noted as a "leader in the field of clinical negligence, especially when it comes to birth injury and other brain injury cases," housing a strong bench of senior and junior barristers who are experienced in the representation of claimants in a wide range of clinical negligence matters. Members are highly regarded for their expertise in complex neurological birth injury and cancer claims, including those involving allegations of delayed or missed diagnoses. Additional areas of strength for the team include difficult quantum disputes and consent to treatment cases. One recent instruction for the set was EXN v Guys and St Thomas' NHS Foundation Trust regarding a cerebral palsy case. The set's barristers are also regularly called upon to appear at inquests and in public inquiries.

Crown Office Chambers offers "such strength and breadth of knowledge and experience" and is adept at handling clinical negligence matters on behalf of both claimants and defendants. Its tenants are regularly instructed by NHS Resolution and MDU, as well as several private health authorities. Members have considerable expertise in complex catastrophic injury, birth injury and fatal accident claims, and are experienced in the handling of cases arising from alleged surgical negligence. Recent instructions include acting in GHK v King's College Hospital NHS Foundation Trust arising out of an infant liver transplant.

Deka Chambers houses a strong bench of clinical negligence barristers at both senior and junior level who can. Interviewees praise it as "a great set and very well-placed to handle complex cases". Members are routinely called upon to act for both claimants and defendants, and are experienced in the handling of complex cases arising from delayed diagnoses and failed cosmetic surgery. Additional areas of strength for the team include catastrophic brain and spinal injury, birth injury and wrongful birth claims, and the set is also noted for its expertise in dental negligence matters. Recent appearances for the set include in the Supreme Court, acting in Paul v Royal Wolverhampton NHS Trust.

Outer Temple Chambers boasts a strong bench of senior and junior barristers with "a wealth of experience in dealing with complex and sophisticated matters and novel areas of law" on behalf of both claimants and defendants. Areas of expertise for the team include birth injury and catastrophic brain and spinal injury cases, as well as high-value quantum disputes. Recent work has included representing a claimant who recovered £4.5 million following severe brain injury resulting from negligent anaesthetic treatment. Members are also adept at acting for doctors and other healthcare professionals in disciplinary proceedings, drawing on the set's strength in complementary areas such as employment and professional discipline.

12 King's Bench Walk hosts a well-regarded team of silks and juniors with "great experience in highly complex medical matters and excellent command of the complex subject material." The barristers handle a wide range of clinical negligence cases including catastrophic injuries, fatal matters and delay in diagnosis claims. The set is also noted for its strong expertise in handling personal injury claims. Recent cases have included representing a claimant who was allegedly negligently discharged leading to cardiac arrest and a very severe hypoxic brain injury.

Devereux's members are well regarded for their expertise in complex clinical negligence matters and "effectively combine technical excellence with being very approachable and easy to work with." Members act for both claimants and defendants, including several NHS trusts as well as individual doctors, dentists and other healthcare professionals, and areas of expertise for the team include wrongful birth, brain injury, cerebral palsy and Erb's palsy claims. The set's barristers are also regularly instructed in high-value quantum disputes and offer considerable strength in the handling of cases involving questions surrounding breach of duty, liability and causation. Members have acted in McCulloch v Forth Valley Hospital before the Supreme Court, regarding information a doctor needs to give a patient in respect of alternative treatments to obtain a patient's informed consent.

Old Square Chambers offers "highly talented and experienced barristers able to deal with the most complex of medical negligence matters." The set is particularly strong in representing claimants, with expertise in delayed diagnoses, surgical failures and dental claims. Its members also frequently represent both individual and organisational defendants. Recent instructions have seen the set represent the claimant in Williams v Weight to Go Ltd and others regarding a multi-defendant claim arising out of negligent weight loss surgery performed in Italy following consultations in England.