Tom specialises in clinical negligence and personal injury, for both claimants and defendants.

Tom joined Outer Temple Chambers as a pupil in September 2011 and as a tenant in September 2012. Before then, he qualified as a solicitor at Magic Circle firm Slaughter and May from 2008-2010 and was a Judicial Assistant to Arden LJ at the Court of Appeal from 2010-2011.

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.

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.

Expertise

Tom acts on a wide range of clinical negligence cases, up to and including contested trials. Topics covered in recent cases have included, amongst others:

  • General surgery
  • Delayed diagnoses of cancer
  • Orthopaedic surgery (see also Sports Law, below)
  • Injuries at birth and neonatal deaths
  • Psychiatric injuries
  • Neurosurgery
  • GP treatment
  • Ophthalmology

Notable Clinical Negligence cases


Purchase v Dr Ahmed (Birmingham County Court, 6 May 2020)

acting for the defendant GP in striking out the claimant’s secondary victim psychiatric injury claim. The claimant witnessed the aftermath of her daughter’s death 3 days after an out of hours GP consultation. Read news article here.

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. Read news article 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)

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

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

Settlement, 2020

claim featuring a wrong diagnosis of cancer which led to the claimant having major surgery, suffering fatigue and having to retire early. Settled at a ‘virtual JSM’ with significant disputes on causation, life expectancy, and loss of earnings and pension. (Acting for the claimant).

Settlement, 2020

claim featuring an alleged negligent consent process for foot surgery which led to the claimant developing CRPS and losing their high-earning career. Settled for £1.25m gross / £750,000 net. (Acting for the claimant).

Settlement, 2019

acting for the successful claimant in an unusual ‘misinformation’ psychiatric injury claim, who was told wrongly by his local hospital that he had “incurable” lung cancer and was likely to die within a year

Settlements, 2017-2018

two secondary victim psychiatric injury claims, acting for the bereaved parents of two patients – a newborn baby and an adult daughter – who died in hospital following negligent treatment

Settlement, 2018

orthopaedic surgery and GP treatment claim, where a lady needed an above-knee amputation after a fracture operation and subsequent GP treatment. Settled for a total of over £1 million against both defendants, concluded at a JSM shortly before the trial. (Acting for the claimant).

Settlement, 2018

cerebral palsy claim, settled for a capitalised value of approximately £15million, featuring significant issues regarding accommodation and lost years claims in light of JR v Sheffield. (Led by Gerard McDermott QC, 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

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, 4 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).

Tom acts on a range of personal injury cases. He has a particular interest in quantum on catastrophic injury claims (Tom admits to liking quantum and spreadsheets – he did do a Maths degree…).

Notable Personal Injury cases


Settlement, 2020

acting for the claimant who sustained severe brain injuries after being knocked off his bicycle by the defendant car driver. Settled for a capitalised value in excess of £10 million. (Led by Matthew Phillips QC).

Settlement, 2020

acting for the claimant, an incomplete tetraplegic, who was injured in a car accident. (Led by Matthew Phillips QC).

Ongoing, 2020

international injury claim, featuring a young man who sustained a severe brain injury after falling several stories on a construction site while on a work assignment abroad. (Led by Sarah Crowther QC, acting for the claimant).

Settlement, 2019

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

O’Neill v West Midlands Travel Ltd (County Court at Birmingham, 22 August 2018, HHJ Rawlings)

quantum trial, acting for the claimant bus driver who suffered from psychological symptoms and ongoing shoulder symptoms after a crushing accident at work.

Settlement, 2018

employer’s liability claim, featuring a career loss of earnings claim after a healthcare assistant developed an alleged chronic pain condition after falling off a chair. (Acting for the defendant).

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).

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).

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

Notable Sports Law cases


Ongoing, 2020

acting for the claimant, a Premier League and Championship striker, whose career ended following a chronic Achilles tendon injury – and who has spoken publicly about his treatment

Ongoing, 2020

acting for the claimant, a professional footballer, whose career was effectively ended in his mid-20s after a delay in diagnosing an infection following knee surgery. The case involves substantial claims for lost football earnings and loss of congenial employment (following the principles discussed in Appleton v El Safty [2007] EWHC 631 (QB) and Collett v Smith [2009] EWCA Civ 583).

Ongoing, 2020

acting for the claimant, an american football player with a UK university team, who suffered a serious knee infection following cruciate ligament surgery.

Settlement, 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 involved 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, involving complex physiotherapy, orthopaedic, pain medicine and psychiatry evidence. 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.

Related updates

Tom Gibson 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.

"Clear in advice. Excellent at trial. Fair and persuasive."

Clinical Negligence, Legal 500 2022

"He's bright, intelligent, user-friendly and responsive. He's always really well prepared and has a good knowledge of the law & he's just impressive all round."

Clinical Negligence, Chambers and Partners 2021

"Has an encyclopaedic understanding of the rules and how to apply them in practice to achieve the best strategic effect."

Clinical Negligence, Legal 500 2021

"Particularly good with claims relating to neonatal death or stillbirth."

Clinical Negligence, Legal 500 2020

"He’s got a bright future and is one to watch!"

To find out more, contact Paul Barton on +44 (0)20 7427 4907 or Mark Gardner on +44 (0)20 7427 4909 for a confidential discussion.

Our dedicated practice management team can help you identify the right barrister for your case.

  • PNBA
  • PIBA
  • Attorney General’s C panel of Counsel to the Crown (2016)

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