Medical Law & Personal Injury

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Doughty Street Chambers offers a comprehensive medical law and personal injury service with inter-disciplinary expertise in cases involving human rights, international claims, public law, mental health, "best interests" and community care issues.

The team provides high quality legal advice and representation at all levels. According to Legal 500 "[this] highly acclaimed medical law team has vast experience in high-profile, multi-party claimant actions" and "is the foremost claimant and group action set". The team is recognised as a leading set by Chambers and Partners in the fields of clinical negligence, personal injury and product liability. Six team members are identified as leaders in their field.

Client care lies at the heart of the team approach to personal injury and clinical negligence work. Particular emphasis is placed on dealing sensitively and tactfully with clients and making complex litigation and decision-making readily understandable. Practitioners recognise that in fast moving litigation they must be accessible to solicitors. Chambers has conference facilities for people with disabilities and provides a video-conferencing service.

In clinical negligence practitioners offer experience in cases from the most complex High Court cases such as cerebral palsy trials to dental negligence in the County Court. Both senior and junior tenants are instructed in personal injury matters that range from catastrophic injuries, complex physical and sexual abuse claims to County Court trials.

Chambers have been instructed in many leading liability and procedural cases in these fields, including Heil v Rankin (level of general damages), Warren v Northern General Hospital NHS Trust (setting of discount rate), Masterman-Lister v Jewell (test for being a "patient" under the Mental Health Act), Sutradhar v Natural Environmental Research Council (duty of care), Rahman v Arearose (apportionment of damages between defendants), Biesheuvel v Birrell (highest ever personal injury award), Hardman v Amin, Groom v Selby (damages for 'unwanted' disabled child), and Briody v St Helens (damages for costs of surrogacy), Afrika and others v Cape Plc (costs in group actions).

Doughty Street has wide-ranging experience in the representation of claimants in group actions. Members have appeared in most of the high profile group actions in recent years, including CJD, Myodil, Tobacco, BSE, Norplant, Hepatitis C, Oral Contraceptive Pill, Gulf War Syndrome, Alder Hey, South African mining claims, FAC litigation, MMR, Seroxat, North West Homes litigation, Bangladesh water poisoning litigation, and the PTSD, Porton Down, Kenyan Rape and Masai claims against the Ministry of Defence.

We offer substantial experience in advocacy at Public Inquiries and Inquests as well as in related judicial review hearings. Members of the team and have appeared before the Ashworth Inquiry, the BSE Inquiry and the Porton Down Inquest.

A considerable amount of legal negligence work rising out of lost or mishandled personal injury and clinical negligence claims and healthcare professional conduct and regulatory work is also undertaken.

A number of the team have edited or contributed chapters to practitioner textbooks on personal injury law, clinical negligence, professional negligence and group actions.

Solicitors are invited to attend CPD training, seminars and master classes on current topics which are held in chambers or at solicitor offices on request.

Team Members

Cases

Recent cases include:

Davies v HM Deputy Coroner for Birmingham [2004] HRLR 13 (2004) 3 All ER 543 jury to determine whether systemic neglect had contributed to death; approach to awards of costs against coroners.

Sutradhar v Natural Environment Research Council [2004] PNLR 30 Bangladesh polluted water.

Simms and PA v Another [2003] 1 All ER 669 n the best interests of two young people to receive highly experimental treatment for their otherwise terminal illness.

The PTSD Litigation, The Times, 29 May 2003. Claims for damages against MoD arising from service in the Falklands, N Ireland, the Gulf and Bosnia.

Masterman-Lister v Brutton Masterman-Lister v Jewell Anor [2003] 3 All ER 162. irst appellate authority for the test of mental capacity under the 1983 Act and the rules of court.

R v HM Coroner for Avon, ex p Bentley [2003] 74 BMLR 1 [2001] EWCA Admin 170. Inadequacy of investigation; family entitled to advance disclosure of statements to be read at Inquest.

Coroner for Wiltshire v MoD and Ronald Maddison, The Times, November 29, 2002, Inquest into the death in 1953 of a serviceman at the Porton Down chemical defence establishment quashed and a fresh inquest ordered.

Briody v St Helen's and Knowsley AHA [2002] QB 856. Whether a claimant is entitled to recover the costs of a surrogacy arrangement.

McLoughlin v Grovers [2002] PNLR 21 Mishandled criminal litigation.

Rahman v Arearose [2001] QB 351. Apportionment of damages between joint and several tortfeasors.

Afrika and others -v- Cape Plc [2002] 1 WLR 2274. Costs in group actions.

Warren v Northern General Hospital NHS Trust [2000] 1 WLR 1404. Setting of the rate of return.

Heil v Rankin [2000] 2 WLR 1173. Guidelines on the level of damages for pain, suffering and loss of amenity in personal injury and clinical negligence claims worth above £10,000.

Biesheuvel v Birrell [1999] PIQR Q40. Highest ever personal injury award (£9.2 million).

Hodgson v Imperial Tobacco [1998] 1 WLR 1056. Personal liability of lawyers under CFA.

R v Lincoln Coroner ex p Hay [1999] 163 JP 666. Privilege against self-incrimination; definition of verdict of accident.

Clunis v Camden and Islington Health Authority [1998] 1 WLR 1093 where the claimant sought damages arising from his own act in killing another whilst in community care.

The Creutzfeldt-Jakob Disease/Human Growth Hormone Litigation [1996] 7 Med LR 309 Department of Health liable for CJD in patients treated with growth hormone and for psychiatric injury of those at risk of developing the disease.

Hutton -v- East Dyfed HA [1998] Lloyds Law Reports Med 335 Failure to diagnose pulmonary embolism.

Skelton -v- Lewisham and North Southwark HA [1998] Lloyds Law Rep Med 324. Brain damage as result of paediatric anaesthetic accident.

Crawford v Dalley and Another [1995] 6 Med LR343. Res judicata and issue estoppel in clinical negligence.

Ritchie v Chichester HA [1994] 5 Med LR187, Saddle anaesthesia caused by toxic injection during epidural anaesthesia.

Knight v West Kent HA [1998] Lloyds Law Reports: Medical 18 (CA).

Barry v Commissioner for Police. Highest ever award against a Forensic Medical Examiner.

Last updated November 2005.

What the Directories say

Chambers & Partners, 2008

Clinical Negligence

Whilst this set offers a comprehensive range of services including public law and human rights expertise, it has a well-defined clinical negligence element that handles claimant work. One of its main protagonists is Robin Oppenheim QC who is considered to have a "brilliant mind" by many solicitors and barristers. "Extremely good at getting down to the nitty gritty," He has an "excellent grasp of both medicine and the law," as does fellow silk Christopher Gibson QC. Despite his lofty reputation in the eyes of his peers, Gibson has a "down-to-earth manner" which pleases solicitors and clients alike. Both Gibson and Oppenheim can rely on a phalanx of juniors whose ability is unquestioned. Paula Sparks is singled out for her skill in inquest-related matters, while "easy to deal with" Jonathan Glasson remains a popular choice for solicitors. Equally fêted is Richard Hermer who is recognised as a "bright and ingenious advocate." Finally, the "efficient" Christopher Hough "knows how to get things resolved quickly," say observers. As one interviewee noted: "You can just pick up the phone and talk to him: he is very hands on."

Personal Injury

New silk Robin Oppenheim QC is "clever, realistic and gets to grips with the difficult issues at the start of a case." Clients say they are "completely confident in his analysis of a case" because he is "practical, astute and has a sensible point of view." The "bright and easy to deal with" Richard Hermer has a varied practice. In personal injury, he is best known for his work involving human rights.

Chambers & Partners Guide to the Legal Profession, 2007

Concentrating on claimant matters, this set is endorsed by both solicitors and barristers. "Nice guy" Christopher Gibson QC enters the tables this year. He garners a wealth of positive feedback for his "sensible style when negotiating". Because of this, "people will always respect him", according to commentators. He is particularly experienced in cases involving maximum severity cerebal palsy and birth injury cases. The "intellectually outstanding" Robin Oppenheim QC is a "hard-working" barrister who enjoys a robust reputation in the market. He maintains a busy schedule due to his popularity on a range of clinical negligence matters such as catastrophic injury and multiparty actions. Solicitors admire this new silk for his "strategic thinking" in negotiations. Paula Sparks is a "sympathetic" advocate, as is Jonathan Glasson. Richard Hermer comes highly recommended by observers while the "positive" and "bright" Christopher Hough is credited as someone who "can take a risk".

 

Legal 500, 2007

Clinical Negligence
Solicitors are keen to endorse Doughty Street Chambers' 'sympathetic, committed and fastidious approach' to claimant work. New silk Robin Oppenheim QC - 'a very able man' - has no shortage of fans; clients warm to his 'sympathetic manner' and 'clear, direct advice.' Paula Sparks's reputation, likewise, continues to grow, alongside that of Gerwyn Samuel and Jonathan Glasson. Leading silk Stephen Irwin QC was appointed a High Court judge in 2006.

Product Liability (medical)
Doughty Street Chambers is respected for its claimant work, and has a focus on medical law-related cases. Robin Oppenheim QC acted in the second phase of the MMR litigation, and has also been involved in a number of the high-profile cases to shake the market, including Vioxx, Northwick Park and the Foetal Anti-convulsant litigation. Jonathan Glasson is considered to be a top-quality junior (the first to be involved in the CJD and BSE cases), and advised on a high volume of multi-party pharmaceutical product liability actions.

Legal 500, 2006

The redoubtable clinical negligence team at Doughty Street Chambers has an impressive cast list of astute and experienced counsel. The team is led by former Bar Council chair Stephen Irwin QC, who is again deserving of particular mention in our list, being described by one top solicitor as being 'a really very clever chap'. He is respected and distinguished but can still empathise with clients. Tributes have also been paid to the 'irrepressible' Robin Oppenheim who is 'very thorough on quantum and has an impressive grasp of the medical issues'. Another barrister to have been mentioned in despatches is Jonathan Glasson who is 'especially good with psychiatric cases' and comes highly recommended.