Clinical negligence and personal injury
Nick Brown undertakes the full range of clinical negligence work, ranging from obstetric and neonatal mismanagement to drug induced psychosis and diving medicine. Recent cases have concerned:
- A delay in the diagnosis of a neurofibroma resulting in progressive and severe neurological deterioration, delayed surgery and the development of a severe hypoxic ischaemic brain injury in the post-operative period.
- Inappropriate anti-coagulation treatment followed by a delay in diagnosis of compartment syndrome leading to amputation.
- A missed diagnosis of bilateral slipped upper femoral epiphyses in the late 1970's resulting in severe physical disabilities in later life.
- Inappropriate prescribing of medication to a woman of child bearing age resulting in the death of a child from fetal and neo-natal injuries and both parents suffering severe psychiatric injuries.
- Compulsory treatment with anti-psychotic medication under section 58 of the Mental Health Act, 1983.
Nick Brown regularly acts for claimants in complex personal injury cases. He has a particular interest in brain injury and severe psychiatric injury, including work related stress induced psychiatric disorders. Recent cases include: - An application to set aside a settlement in earlier proceedings on the grounds that the claimant lacked capacity at the time of the earlier settlement.
- A claim by a milkman against his employers after he had suffered a severe brain injury when he was assaulted doing his rounds.
- An amputation case where the claimant may have had to undergo an amputation sooner or later in any event.
Nick Brown regularly acts for bereaved families in relation to claims under the Law Reform (Miscellaneous Provisions) Act, the Fatal Accidents Act and the Human Rights Act arising out of deaths in custody. These claims have included claims in misfeasance in public office and for a breach of the investigate obligation under Article 2 arising out of the subsequent investigation into the death. In addition, Nick Brown frequently acts for bereaved families in civil actions arising out of industrial accidents, clinical negligence and other deaths, including the civil claim by the family of Ronald Maddison in 2006 arising out of his death during the course of a non-therapeutic human experiment at Porton Down in 1953. Nick Brown acts for claimants in prison assault cases, claims arising out of non-accidental injury in care homes, claims of sexual assault against general practitioners, and claims in assault arising out of the lack of consent to non-therapeutic human experimentation.
Group actions:
Nick Brown was part of the legal team who advised the Porton Down Veterans in relation to their group action arising out of the experiments which were carried out at Porton Down between the 1940's and the 1980's. His product liability work includes the Hepatitis Litigation and the Fetal Anti-Convulsant Litigation.
Civil actions against the police:
Nick Brown regularly acts for claimants in civil actions against the police. His clients have included claimants wrongfully charged with murder, kidnapping and rape as well as claimants who have suffered severe psychiatric injuries. He recently advised the de Menezes' family in relation to their various civil claims arising out of Jean Charles de Menezes and the subsequent investigation into his death.
Related work includes Osman type claims against the police and probation service under Article 2, claims relating to the disclosure or non-disclosure of confidential information gathered by the police during police investigations, including claims arising out of additional information disclosed by the police in Enhanced Criminal Record Certificates, claims for malicious procurement of arrest, claims in false imprisonment arising out of unlawful immigration detention and applications for compensation under Section 133 of the Criminal Justice Act, 1988. He has also advised in relation to applications to the Criminal Cases Review Commission.
Legal negligence:
Nick Brown's legal negligence work includes claims against solicitors and barristers, including Queen's Counsel, arising out of lost or mishandled criminal litigation, including murder trials. He was junior counsel in McLoughlin v. Grovers [2002] PNLR 21; [2005] EWHC 1741; [2006] EWCA Civ 1167.
Nick Brown also regularly acts in legal negligence claims against solicitors and barristers, including Queen's Counsel, arising out of lost or mishandled personal injury actions, clinical negligence cases and civil actions against the police. He was junior counsel in Masterman-Lister v. Brutton & Co.; Masterman-Lister Jewell and Anor [2002] EWHC 417 (QB); [2002] EWCA Civ 1889, the first appellate authority for the test of mental capacity under the 1983 Act and the rules of court. Other claims have included claims arising out of the loss of the opportunity to bring judicial review proceedings, lost or mishandled ancillary relief proceedings, and the whole span of non-contentious work.
Inquests:
Nick Brown has extensive experience of coronial law.
He acted for the Maddison family at the Porton Down inquest in 2004 and the subsequent judicial review in 2006. Ronald Maddison was a serviceman, who died in an experiment involving the application of sarin nerve gas by government scientists in 1953. The inquest into Mr Maddison's death was the first occasion when the test of lawfulness for non-therapeutic human experimentation has been considered in this country. The Ministry of Defence's subsequent unsuccessful attempt to overturn the jury's verdict of unlawful killing by way of judicial review failed, when the Ministry of Defence expressly conceded that no reasonable jury could have failed to return a verdict of unlawful killing on the basis of gross negligence manslaughter.
Nick represented Rose Gentle and her family at the inquest into the death of her son,
Nick regularly acts for bereaved families in death in custody and police action inquests. His cases include:
- Inquest into the death of Anne Marie Bates at HMP Brockhill in 2001 (following victimisation after Anne Marie found out about a prison officer's inappropriate relationship with another prisoner).
- Inquest into the death of James Dunn in 2006 (death following a police pursuit)
- Inquest into the death of Anthony "Junior" Daniel at Colnbrook Immigration Detention and Removal Centre in 2006 (Coroner's Rule 43 recommendations in relation to the care of detainees who have swallowed drugs).
- Inquest into the death of Patrick Cawley at HMP Wormwood Scrubs in 2007 (Coroner's Rule 43 recommendation that there are insufficient beds in the prison healthcare centre).
- Inquest into the death of Simon Allen in HMP Brixton in 2006 (self-inflicted death aggravated by neglect following the failure to transfer Simon to a medium secure unit under Section 47 of the Mental Health Act, 1983).
Nick also represents bereaved families in complex clinical negligence and industrial death cases. Recent cases include: - An application under Section 13 of the Coroners Act, 1988, to reopen an inquest on the basis of insufficiency of inquiry and fresh evidence following a death from fentanyl toxicity.
- A hospital death following the delay in providing a blood transfusion to a Jehovah's witness.
- The death of a miner following a roof fall in a stone mine.
Additional information:
Before coming to the bar, Nick Brown worked for a firm of solicitors. He spent six months working on the 1987 Birmingham Six Appeal. Since then, he has represented a number of victims of miscarriages of justice in this country and abroad. For three years between 2001 and 2004, he was one of the attorneys of record of Mumia Abu-Jamal, the prominent African American political activist, journalist and writer, who is on death row in Pennsylvania. He was admitted pro hac vic to the state and federal courts in Pennsylvania and the Third Circuit Court of Appeals.
Under the auspices of the Britain & Ireland Human Rights Centre, Nick Brown has regularly produced briefings and draft amendments for MPs and others on forthcoming criminal justice, criminal appeals, policing and counter-terrorist legislation. He has been an active member of a number of miscarriage of justice campaigns. Nick Brown is a member of the Police Action Lawyers Group, the Inquest Lawyers Group, AvMA and APIL. He regularly writes and provides training seminars on coronial law and developments and practice in clinical negligence cases and related issues.
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Year of Call
1989
Education
BA Law First Class, Cambridge
Email Address
n.brown@doughtystreet.co.uk
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