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David Westcott QC

David Westcott QC

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Year of Call:

1982

Silk:

2003


David Westcott QC has been a specialist in clinical negligence and catastrophic personal injury cases for longer than he cares to recall. Having dealt with high-value actions without a leader for some five years before taking silk in 2003, he has been preparing big cases for nearly 20 years (mostly, but by no means exclusively, involving birth injury or paralysis from spinal injury).

David acts for claimants and defendants alike; and brings to each and every case the same analytical skill, attention to detail and approachable manner that has caused commentators consistently to recommend him. Review of the Chambers UK and Legal 500 back catalogues reveal the high regard in which David has been held for many years. As long ago as 2006 one solicitor demonstrated a command of hyperbole that knew no bounds in saying, “If I could only have one barrister ever, it would be him” and he has received glowing praise from the directories ever since.

Clinical Negligence

David Westcott has been recommended year on year in the first rank for clinical negligence by Chambers & Partners and by Legal 500.

Cases

FE v St. George’s University Hospitals NHS Trust [2016] EWHC 553 (QB)

The judgment: http://www.bailii.org/ew/cases/EWHC/QB/2016/553.html
Negligence; Personal injury; Birth; Clinical negligence.
Acted for successful Claimant.

Georgiev v Kings College Hospital NHS Foundation Trust Appeal [2016] EWHC 104 (QB)

The judgment: http://www.bailii.org/ew/cases/EWHC/QB/2016/104.html
Civil procedure; Amendments; Clinical negligence; Particulars of claim.
Decision on appeal.

SB v Sandwell and West Birmingham NHS Trust [2016] EWHC 90 (QB)

The judgment: SB v Sandwell and West Birmingham NHS Trust
Brain damage; Causation; Clinical negligence.
Acted for successful Defendant.

Reaney v University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119

Care costs; Causation; Clinical negligence; Hospitals; Measure of damages; Personal Injury.
Acted for successful Appellant.

Hamed v Mills [2015] EWHC 387 (QB)

Apportionment; Costs; Football clubs; Indemnity basis; Negligence; Part 36 offers.
Acted for D1. Now Respondent to an appeal by D2 on apportionment.

Hamed v Mills [2015] EWHC 298 (QB)

Apportionment; Cardiovascular diseases; Clinical negligence; Football; Medical examinations; Sportspersons.
Acted for D1. Now Respondent to an appeal by D2 on apportionment.

Popple v Birmingham Women’s NHS Foundation Trust [2012] EWCA Civ 1628; [2013] Med. L.R. 47

Birth defects; Clinical negligence; Breach of duty of care; Midwives.
Appeal dismissed.

Silverstone v Mortensen [2012] EWHC 2706 (QB)

Clinical negligence; Surgeons; Breach of contract.
Claim dismissed.

Popple v Birmingham Women’s NHS Foundation Trust [2011] EWHC 2320 (QB)

Birth defects; Clinical negligence; Breach of duty of care; Midwives.
Acted for unsuccessful Defendant.

Cook v Cook [2011] EWHC 1638 (QB); [2011] P.I.Q.R. P18

Measure of damages; Case management; Finality; Final determination; Future loss.
Acted for Claimant who secured delay in final determination of losses post age 16.

Personal Injury

David Westcott has been recommended year on year in the first rank for personal injury by Chambers & Partners and by Legal 500.

Cases

Colonial Insurance company v Thomson

Court of Appeal of Bermuda; applicable discount rate in absence of periodical payment regime.
Acted for successful Respondent.

X v The estate of Y

Royal Court of Jersey (Samedi Division) 23rd February 2015 PPO in Jersey by agreement. UK principles applied in assessment of security.
Acted for Claimant in securing required order.

Bennett v Stephens  [2012] EWHC 1 (QB)

Motor Insurers’ Bureau; Periodical payments orders; Road traffic accidents; Approvals; Binding force; Drafting.
Acted for Claimant in securing required order.

Johnson v Castle Combe Circuit Ltd

Queen’s Bench Division, 07 October 2011 Contributory negligence; Foreseeability; Apportionment; Safe staff.

Bodey v Hall [2011] EWHC 2162 (QB); [2012] P.I.Q.R. P1

Horses; Animals; Personal injury; Strict liability; Characteristics.
Acted for successful Respondent on appeal.

Kotula v EDF Energy Networks (EPN) Plc [2011] EWHC 1546 (QB)

Awards; Spinal cord; Periodical payments; Lump sum awards; Variation; Provisional sums. See J.P.I. Law 2011, 3, 153-158.
Acted for successful Claimant.

Bennett v Stephens [2010] EWHC 2194 (QB)

Periodical payments orders; Motor Insurers’ Bureau.
Acted for Claimant in securing required order.

Kotula v EDF Energy Networks (EPN) Plc

Queen’s Bench Division, 15 June 2010 Contributory negligence; Personal injury; Cycling; Road works.
Acted for successful Claimant.

Andrews v Aylott  [2010] EWHC 597 (QB); [2010] 4 Costs L.R. 568; [2010] P.I.Q.R. P13

Road traffic accidents; Measure of damages; Interest.

Appointments & Memberships

  • PNBA
  • LCLBA

Awards

  • Chambers & Partners Clinical Negligence and Personal Injury Silk of the Year (2012)

Areas of Law


Recommendations


badgeTop_tier_firms David Westcott QC Accreditations

Testimonials


“He is highly incisive and able to get to the heart of a case very quickly.” Personal Injury, Legal 500 2017

“An incredibly skilled negotiator and a brilliant tactician.” Clinical negligence, Legal 500 2017

“He’s in a different league for technical or cerebral points.” Personal Injury, Chambers & Partners 2017

“He brings gravitas – he’s affable, charming, able to get on well with claimants and respected by both sides of the courtroom.” Personal Injury, Chambers & Partners 2017

“Highly intelligent and always well prepared.” Clinical Negligence, Chambers & Partners 2017

“[He] finds practical ways of achieving the best outcomes for clients.”  Clinical Negligence, Chambers & Partners 2017

“He has a very forensic approach and fantastic attention to detail.” Personal Injury, Legal 500 2016

“A razor-sharp intellect, and a concise yet forceful style that always resonates with the judiciary.” Clinical Negligence, Legal 500 2016

“He is an absolute pleasure to work with and brings a focus and clarity to a case that is second to none.” Clinical Negligence, Chambers & Partners 2016

“He is fantastic in all respects, is razor sharp and is supremely courteous.” Clinical Negligence, Chambers & Partners 2016

“He has a fantastically analytical mind and is able to identify the issues early on.” Personal Injury, Chambers & Partners 2016

“He is highly intelligent and always well prepared.” Personal Injury, Chambers & Partners 2016

“A standout silk, particularly with regard to birth injury cases. He has a thorough command of the medical issues and is a first-class advocate with an incredible intellect.” Clinical Negligence, Chambers & Partners 2015

“He’s very able and a very effective advocate,” who is “exceptionally bright and analytical.” Personal Injury, Chambers & Partners 2015

“His ability to assess complex evidence with such succinctness is definitely a gift.” Clinical Negligence, Legal 500 2015

“His clarity of thinking shines through in his compelling advice and advocacy.” Personal Injury, Legal 500 2015

“Gives clients the reassuring sense that they are one step ahead of the opposition.” Personal Injury, Legal 500 2014

“The first-choice silk for the trickiest cases; he leaves no stone unturned.” Clinical Negligence, Legal 500 2014

“He’s an all-rounder who’s first-class on his feet, exceptionally bright, very articulate, and good in conference with experts and witnesses.” Clinical Negligence, Chambers & Partners 2014

“He’s exemplary – his attention to detail and ability with clients are astonishing.” “He has a very detailed approach, but above all he’s a superb advocate, particularly in cross-examination, where you’ve got to have a very high skill level as an advocate to be effective.” Personal Injury, Chambers & Partners 2014

“A superb negotiator with a razor-sharp intellect,” who has “unrivalled knowledge of quantum and state funding, and is an expert on developing issues in maximum severity clinical Negligence cases.” His intelligence and tenacity lead to “outstanding results” and have ensured him the status of being “one of the leading clinical Negligence silks.” Clinical Negligence, Chambers & Partners 2013

The “analytical, clear thinking and astute” David Westcott QC offers “peerless advice” and “a strong tactical awareness.” Personal Injury, Chambers & Partners 2013

“A masterly grasp of issues in cases of utmost severity.” Clinical Negligence, Legal 500 2013

“…very professional and well-prepared.” Personal Injury, Legal 500 2013

“…extraordinary silk who can foresee difficulties and anticipate and deal with them.” Solicitors tend to reserve him for their most difficult birth injury cases. Clinical Negligence, Chambers & Partners 2012

The “exceptionally intelligent” David Westcott QC is “a natural performer” who is inundated with compliments as the set’s leading and “most accomplished, sensible and easy-going” advocate. Personal Injury, Chambers & Partners 2012

“…adds enormous weight to a case with his exceptionally forensic approach.” Clinical Negligence & Healthcare, Legal 500 2012

“An intellectual giant.” Personal Injury, Legal 500 2012

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