Gerard McDermott QC

Call date: 1978

Date of silk: 1999

Clerk: Graham Woods

Areas of Law:	Clinical Negligence, Employment & Discrimination, Personal Injury, Professional Negligence

Practice summary

Gerard McDermott QC practises from England. He is based in London and Manchester, with associated offices in Abu Dhabi and New York. His main areas of practice are Personal Injury and Employment Law at all levels, although he maintains a diverse practice across the Common Law and Commercial fields.

Gerard was called as a Barrister in England and Wales in 1978 and was made Queen’s Counsel in 1999. He has been admitted as Attorney-at-Law in New York for nearly 20 years.

Gerard acts for both Claimants and Defendants. He represents clients with a whole range of injuries arising from medical malpractice, product defects or road traffic accidents. Much of his caseload involves catastrophic personal injury such as spinal cord injury or brain injury.

He has a very busy trial practice across the United Kingdom, generally in the High Court, as well as reaching impressive out of court settlements through negotiation. An increasing number of his cases have a cross border element to them, with particular emphasis on US issues, but also with cases that have involved Europe and the Middle East.

Gerard also has experience in Inquests and Inquiries having recently (October 2009) represented an RAF Pilot during the Inquest into a 2007 Puma crash and having been Lead Counsel for the Health Authority in the high profile Inquiry into the numerous deaths of
patients under the care of Dr Harold Shipman.

Chambers and Partners UK 2010, states, “hugely respected, Gerard McDermott QC is “extraordinarily good at catastrophic brain injury cases.” Interviewees were particularly effusive in describing him, applauding his “attention to detail and excellent judgement.””

OTHER PROFESSIONAL ACHIEVEMENTS
Gerard is a former President of the American Counsel Association, former Leader of the European Circuit of the Bar and a long time active member of the American Bar Association and in particular the Section of Litigation.

He sits as a Recorder (a part time Judge) of the Crown Court and is authorised to sit as a Deputy High Court Judge in the Queen’s Bench Division.

Gerard is frequently invited to lecture on his areas of specialism, both in the UK and abroad. Most recently he has travelled overseas to give talks to the International Association of Defense Counsel on Civil Litigation Costs in the UK in Paris in September 2009 and to the European Circuit of the Bar on the new European regulation, Rome II, in Warsaw in October 2009.

A selection of recent cases

The Shipman Inquiry

Farraj v King’s Healthcare Trust [2008] EWHC 1228 (QB)
Wrongful birth, economic loss, third party laboratory’s liability for DNA sample

Allen v Burne [2007] EWCH 1639 (QB)
Application of Bolitho rider to Bolam test

R v Pennine Acute NHS Trust [2003] EWCA Crim 3436
Health and safety, transfer of criminal liability

Bacon v Nacional Suiza Seguros (2010)
Claimant spinally injured in Spain, application of Rome II Liability trial, judgment awaited

James Pankhurst v MIB [2009] EWHC 1117 (QB)
Quantum trial following trial on liability – cyclist on country lane hit by driver travelling round blind bend. 100% successful – client with grievous spinal injuries £6.2 million

Eyres v Atkinson Kitchens [2007] EWCA Civ 365
Quantum settlement following liability trial and successful appeal – company in breach of working time regulations – employee falling asleep at wheel. Paraplegia. Lost trial at first instance – Appeal successful £3.7 million

Farraj v Kings College Hospital and CSL [2008] EWHC 2468 (QB)
Wrongful birth claim – Jordanian clients. Issues included conflict of laws, Sharia Law, Jordanian Law, Causation and Wrongful Birth. Successful on liability; quantum recently settled

A v B [2007] EWHC 1639 (QB) Court of Appeal (Settled 2008)
Alleged Negligence of GP in failure to diagnose blocked shunt in child – leading to brain damage. Retrial ordered where Judge applied “Bolitho” rider to the “Bolam” test without consulting parties. Retrial ordered settled at £1.4million

Noble v Owens [2008] EWHC 359 (QB)
Serious pelvic injuries £3.4 million (subject to Appeal)

Davies v Bradshaw [2008] EWHC 740 (QB)
Allegations of exaggeration defeated. Award for incomplete tetrapligia, with Brown Sequard Syndrome £1.7 million Settlements

Mr Mohammed v Muminal Islam (2010)
Serious spinal injury in young man £11 million
Gregory v MoD
Settlement for Doctor in Armed Forces rendered tetraplegic in Helicopter Crash £6.2 million

LK
Settlement at confidential figure (significant 7 figure sum) for client with stroke following accident in pub and thereafter treatment by osteopath

Garcia v Serfilco
Advised on cross border and EU aspects froduct liability claim brought in Spain by injured party

Sedyakin
Trial on liability for Russian Sailor injured at sea when fell through hatch – Liability settled at 66% part way through trial (June 2005) Quantum settled 2 weeks before trial – Jan 2007 £1.7 million

Lovell
Serious brain damage – settlement £3.1 million

CRE
Serious brain damage – settlement.£9.3 million

Fox
Paraplegia £3.1 million

S v Portsmouth Area Health Authority
Quantum trial in Cerebal Palsy case £4.3 million

Hosking
Paraplegia with brachial plexus injury £3.1 million

CC
Quantum in Cerebal Palsy case £5.4 million

CI
Settlement for a young man following a serious head injury £4.75 million

JP
November 2009 Serious brain injury – settlement £2.55 million

Hunt
settlement – £2.55 million

Taylor
Settlement – £1.8 million