Year of Call:
Samantha Presland specialises in the fields of Court of Protection, Clinical Negligence and Personal Injury. She has a particular interest and expertise in aspects of mental capacity law and in psychiatric injury cases.
She also has an extensive Inquests practice, spanning each of the Court of Protection, Clinical Negligence and Personal Injury practice areas.
Sam acts for claimants, insured defendants and NHS Resolve alike in all of her fields of specialism. Within her Court of Protection practice she also acts for families, the Official Solicitor, the Office of the Public Guardian, Health Trusts and Local Authorities.
She brings to each and every case the same analytical approach, attention to detail, practical solutions and client focused, open and sensitive manner.
Sam is a qualified mediator and a member of the Civil Mediation Council, acting as a mediator in various civil and community matters. She finds her mediation experience and skills of particular value when acting in Court of Protection/mental capacity/medical treatment matters, where compromise and problem-solving are preferable to combative litigation, in order that best interests are met in a constructive way. This means that she has a genuine ability to relate compassionately but constructively with distressed families, as well as to work to achieve practical solutions with professional parties.
She is extremely approachable in her communications with both professional and lay clients. At the pre-instruction stage, Sam is always happy to discuss cases informally. As to urgent applications within the Court of Protection and in inherent jurisdiction cases, she is likewise ready to be contacted directly to expedite matters.
Sam accepts instructions from solicitors, as well as from members of the public, the latter under the Bar Council’s Public Access (i.e. Direct Access) scheme.
Sam sits in the Crown Court as a Criminal Recorder and chairs Youth Offender Panels in Brixton, London under the government’s restorative justice programme.
She is happy to undertake, or assist with training across any of her areas of practice, for solicitors who may wish to meet her to see how she approaches legal issues.
Sam has experience in high value catastrophic injury, chronic pain and complex psychological/psychiatric injury, which often involve difficult causation and quantum issues. Her work includes employer’s liability and public liability claims for claimants and defendants. She has a particular specialism in cases brought by military personnel against the MoD.
Sam also has extensive knowledge in industrial disease claims, including deafness, including a series of over 60 litigations against the same defendant by individual claimants. In this area of her practice, she now concentrates on asbestos-related cases and complex repetitive strain injury or hazardous exposure cases.
She acts authoritatively in abuse/HRA claims against care homes/healthcare providers and claims against local authorities in cases involving a failure to protect, using the experience gained in her Court of Protection/mental capacity practice. She acts in historic sexual abuse claims as well.
Sam’s personal injury work includes Inquests for families and all other interested parties.
Her recent cases include:
- Stress at work and bullying claims, including under the Protection from Harassment Act 1997, several particularly sensitive ones against the MoD, including one involving sexual harassment of a WREN.
- Fatal accident claims with difficult financial or service dependency elements.
- Suicide and self-harm in detention.
- Psychiatric injury/human rights claim by the parents of a stillborn child, who were given incorrect information about the sex of the baby before burial.
- Spinal and head injury catastrophic cases.
Appointments & Memberships
- Criminal Recorder
Samantha Presland is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.
Areas of Law
- Alternative Dispute Resolution
- Clinical Negligence
- Court of Protection
- Disciplinary & Regulatory
- Personal Injury
- Professional Negligence
- Public Law
- Mental Health
“She finds a way to win and provides excellent analysis of the evidence.” Personal Injury, Legal 500 2015
“Fights hard for her clients.” Personal Injury, Legal 500 2014