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 & 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), Briody v St Helens (damages for costs of surrogacy) and 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 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

Seminars & CPD

• Clinical Negligence Conference 2010

  

  Friday 25 June 2010 from 08:30 to 17:00

  One of Doughty Street's barristers: Daniel Bennett is one of the speakers at AvMA's forthcoming Annual Clinical Negligence Conference dates: 25-26 June 2010 venue: Hilton Brighton …

  
  

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.

 

What the Directories say

Chambers & Partners, 2010

Clinical Negligence

Concentrating on claimant matters, this set is endorsed both by solicitors and by barristers based at competitor sets. Robin Oppenheim QC continues to win plaudits and to act in some of the most high-profile work in the field. He is considered to be "extremely intelligent, meticulous and analytical in his approach to cases." "Robust in his advice and advocacy," he elicited further praise for his "wonderful manner with clients." Fellow silk Christopher Gibson QC is "especially client-friendly." Sources explain that "he is extremely bright and yet not at all remote. He is one of the best barristers for turning a complex problem into something that can be understood by everyone." Amongst the juniors, Christopher Hough is "one of the quickest and most reliable barristers in this sector," say solicitors. He was further praised for his "outstanding analytical skills and for taking a realistic view of different issues." Interviewees also admire Paula Sparks' broad medico-legal practice, which encompasses product liability claims, cases with substantial human rights issues and inquests, as well as standard civil claims. Sources appreciate her "depth of experience" and "down-to-earth approach."

Personal Injury

This claimant-focused outfit is better known for its clinical negligence work, but continues to command the respect of solicitors and the Bar alike on the personal injury front. Its efforts in this area are spearheaded by two "stellar silks," Richard Hermer QC and Robin Oppenheim QC. Both men enjoy "extremely busy practices," encompassing both clinical negligence and high-value catastrophic or multiparty personal injury cases. Oppenheim has been working on behalf of the Northwick Park claimants in a high-profile claim arising from a drugs trial, in which the subjects suffered significant autoimmune injuries as a result of their exposure to an experimental drug. Junior Daniel Bennett is "the very embodiment of toughness when in court." "Hugely intellectually able" and the architect of a massive practice, he "bows to no one when pursuing the claimant's cause." Bennett has recently joined the set from Old Square Chambers and is the founding member of Doughty Street's new Bristol operation.

Personal Injury: Industrial Disease (All Circuits)

Junior Daniel Bennett is "the very embodiment of toughness when in court." "Hugely intellectually able" and the architect of a massive practice, he "bows to no one when pursuing the claimant's cause." Bennett has recently joined the set from Old Square Chambers and is the founding member of Doughty Street's new Bristol operation.

Chambers & Partners, 2009

Clinical Negligence

Bright and committed barristers of the highest calibre populate Doughty Street Chambers. Specialising in claimant work, Robin Oppenheim QC is "an utterly superb practitioner" who regularly receives the highest accolades. He has recently been acting for claimants in the Thompstone indexation appeals by the NHSLA, and also successfully settled multimillion-pound catastrophic injury, cerebral palsy and group action cases. Solicitors acknowledge his "frightening intelligence and amazing capacity for detail." "Always at the cutting edge," he is particularly known for his "hardnosed cross-examinations." A specialist in birth injury, neurological and paediatric matters as well as professional negligence, Christopher Gibson QC stands out for his "affable, empathetic manner and great grasp of the medical implications of a case." Similarly, Christopher Hough is respected for his "broad-minded approach, accessibility and speed in turning around papers." He has recently had successes in psychiatric, neurosurgical and cerebral palsy cases. The "reliable, humane and absolutely genuine" Paula Sparks impresses sources with her advocacy. She offers "exceptional advice" in obstetric litigation, inquests and human rights-related issues.

Personal Injury

Predominantly a claimant-oriented set, this "centre of excellence" litigates some difficult cases with human rights or international law aspects. Best known for his clinical negligence work, Robin Oppenheim QC also has an enviable name in the personal injury field. He handles catastrophic brain and spinal injury cases as well as group actions, and has recently been involved in landmark indexation matters. Colleague Richard Hermer continues to gain recognition for his involvement in cases with a human rights element. He has received instructions in some high-profile group actions as well as cases involving claims against the Ministry of Defence.

Legal 500, 2008

Clients endorse Doughty Street Chambers' Robin Oppenheim QC for his ' thorough grasp of all the issues', having acted in the Thompstone indexation appeals. Christopher Gibson QC is recommended for his work in perinatal and neonatal injury, and juniors Gerwyn Samuel and Christopher Hough are lauded in equal measure.