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Tom Gibson

Tom Gibson

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Tom specialises in clinical negligence, personal injury, and inquests.

He does a good balance of claimant and defendant work.

He has also been developing a public law practice since his appointment to the Attorney General’s C Panel of Junior Counsel to the Crown in February 2016.

Tom joined Outer Temple Chambers as a pupil in September 2011 and as a tenant in September 2012.  He is a former solicitor, having qualified at Magic Circle firm Slaughter and May in 2010 before transferring to the Bar.

Before starting pupillage Tom was a Judicial Assistant to Arden LJ at the Court of Appeal.

Tom has undertaken pro bono work for AvMA, the Bar Pro Bono Unit, the Law Society’s LawWorks Mediation Scheme, and the FRU. He appeared pro bono in the Court of Appeal, as sole counsel, for the successful appellant in Duffy v George [2013] EWCA Civ 908 (http://www.outertemple.com).

Tom has a First Class Maths degree from Lady Margaret Hall, Oxford University.  He completed his GDL and LPC at BPP Law School in London.

Away from the law Tom enjoys spending time with his young family, playing hockey, and watching the mighty Carlisle United FC.

Clinical Negligence

Tom acts on a wide range of clinical negligence cases, up to and including trial (see e.g. here). Topics covered in recent cases have included, amongst others:

• General surgery
• Delayed diagnoses of cancer
• Management of fractures
• Injuries at birth and neonatal deaths
• Psychiatric injuries
• A&E treatment
• GP treatment
• Physiotherapy treatment (see also Law in Sport, below)

Tom has a good balance of claimant and defendant work.  His clients include patients, their families, NHS hospital trusts, individual doctors, and other clinicians.

As a former judicial assistant to Arden LJ he has a particular interest in appeals, including Jackson-themed case management appeals (see below).

He also appears at inquests, representing both families and NHS trusts.

Cases

Muller v King’s College Hospital NHS Foundation Trust [2017] EWHC 128 QB

Unusual ‘non-Bolam’ trial on liability and quantum involving a delayed diagnosis of cancer.

http://www.bailii.org/ew/cases/EWHC/QB/2017/128.html (read more here).

Jacobs v King’s College Hospital NHS Foundation Trust [2016] EWHC 121 (QB)

High Court trial on liability and quantum involving hernia surgery.  (Acting for the defendant).

http://www.bailii.org/ew/cases/EWHC/QB/2016/121.html

Gardner v Northampton General Hospital ([2014] EWHC 4217 (QB)

High Court liability trial involving expert A&E and surgical evidence. (Acting for the defendant).

http://www.bailii.org/ew/cases/EWHC/QB/2014/4217.html

Settlement, 2016

Cerebral palsy claim, featuring a ‘subtle’ brain injury, and widely divergent expert opinion regarding the extent of causation and quantum.  (Led by Christopher Gibson QC (no relation!), acting for the claimant).

Green (Deceased) v Mid Essex Hospital Services NHS Trust (case management appeal, County Court at Central London, HHJ Baucher, 28 April 2016)

Acting for the defendant in successfully resisting a case management appeal about single joint experts, in a low-value Fatal Accidents Act claim (read more here).

Appeal, 2016 (County Court at Central London, HHJ Luba QC)

Acting for the defendant in the claimant’s appeal against the striking out of his Law Reform (Miscellaneous Provisions) Act 1934 and Fatal Accidents Act 1976 claims, after the claimant had failed to obtain letters of administration.

On-going, 2017

Orthopaedic surgery and GP treatment claim, where a lady needed an above-knee amputation after a fracture operation and subsequent GP treatment.  Expert surgical, GP, and quantum evidence involved.  (Acting for the claimant).

Settlement, 2016

Neonatal death, involving the paediatric and surgical care of a premature baby.  Expert neonatal and paediatric surgery evidence involved.  Settled successfully following the Pre-Trial Review (Acting for the defendant).

Settlement, 2015

Unusual psychiatric injury ‘misinformation’ claim, where a lady claimed she had suffered psychiatric injury after being shown the wrong body to grieve over, four days after the death of her father, in a hospital mortuary.  The claim involved consideration of whether the ‘miscellaneous’ victim cases of Allin v City & Hackney and Farrell v Avon could be extended.  (Acting for the defendant).

Settlement, 2014

Fatal Accidents Act claim, settled for a 7-figure sum, involving a young sailor who died after a minor operation.  The claim involved substantial loss of earnings and care for the deceased’s young disabled daughter.  (Led by Christopher Gibson QC, acting for the claimant).

Personal Injury

Tom acts on a range of personal injury cases, for claimants and defendants, including in the following areas:

• Catastrophic injury (Tom admits to liking quantum and spreadsheets – he did do a Maths degree)
• Fatal Accidents Act claims
• Employer’s liability
• Occupiers’ liability
• Travel law (particularly gastric illness claims)

Tom has also written articles and presented training on various topics, including expert witnesses and costs budgeting at CCMCs (read more here).

Cases

Appeal, 2016 (County Court at Liverpool, HHJ Wood QC)

Acting for the claimant, in a noise-induced hearing loss claim, in successfully appealing a district judge’s strike out of the claim (following Joddrell v Peaktone Ltd [2012] EWCA Civ 1035).  The claim was originally struck out after the claimant’s company restoration application had been listed, but not determined, by the date of the defendant’s strike out hearing.

On-going, 2017

Occupiers’ Liability Act 1984 claim, featuring a young man who suffered catastrophic injuries after a fall through a ground-level skylight.  (Led by David Westcott QC, acting for the claimant).

Settlement, 2016

An unusual employer’s liability claim, featuring two separate manual handling/work equipment accidents at work in successive years, sustained by a pet cemetery worker while lifting very heavy frozen dead dogs.  (Acting for the claimant).

D v NHS Trust (County Court, Gloucester, July 2015)

Successful defence, at trial, of an employer’s liability manual handling claim, brought by a healthcare assistant.  (Acting for the defendant).

Settlement, 2014

Employer’s liability claim, featuring a claim for psychiatric injury and career-long loss of earnings and pension (of over £650k) by a nurse an after assault by a patient.  Settled for £200k shortly before the quantum trial.  (Acting for the defendant).

Settlement, 2014

RTA claim, settled for a 7-figure sum, involving a young lady who required an above-knee amputation after a motorbike accident.  The claim involved issues of unusual medical treatment abroad (not available in the UK) and mitigation.  (Led by Harry Trusted, acting for the defendant).

Law In Sport

Tom acts in ‘cross-over’ clinical negligence claims involving sportspeople, both professionals and amateurs.  Several cases have involved allegedly negligent orthopaedic or physiotherapy treatment.

Cases

On-going, 2017

Acting for the claimant semi-professional (and former professional and youth international) rugby union player whose career was ended by a nerve injury sustained during arm fracture surgery. The claim involves consent issues following Montgomery v Lanarkshire Health Board [2015] UKSC 11.

Settlement, 2016

Acting for the defendant physiotherapist (and former physiotherapist to the Great Britain Olympic Team) in an unusual negligence case.  A keen amateur runner and cyclist alleged that he had sustained a chronic groin injury following an apparently uneventful physiotherapy consultation.  The claim involved complex causation evidence from orthopaedic surgeons, pain management consultants, and psychiatrists.  The claimant had the benefit of leading counsel and QOCS protection.  The claim settled for a global sum shortly before the High Court trial.

Settlement, 2016

Acting for the defendant physiotherapist who worked with a professional rugby league team.  A youth team player alleged that she had failed to suspect a wrist fracture and to refer him onwards for further treatment.  In addition to a significant factual dispute, the claim featured expert physiotherapy, orthopaedic, and psychiatric evidence.

Settlement, 2015

A semi-professional (and former professional youth team) footballer alleged that the defendant hospital had failed to diagnose and treat a knee fracture appropriately.  Breach of duty was admitted but causation was denied.  Acting for the defendant hospital trust.

Public Law

Tom was appointed to the Attorney General’s C Panel of Junior Counsel to the Crown in February 2016.  Since then, he has been developing a public law practice.

He has acted in numerous immigration judicial review claims, including both advisory work and appearing at oral permission hearings. He also appears in unlawful detention claims.

Tom also has an interest in Court of Protection work, and its overlap with mental health law and personal injury claims.

Appointments & Memberships

  • Attorney General’s C Panel of Junior Counsel to the Crown (2016-2021)
  • Judicial Assistant to Arden LJ (2010-2011)
  • Professional Negligence Bar Association
  • Personal Injuries Bar Association
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