Tom specialises in Clinical Negligence and Personal Injury – and has done so since joining Outer Temple Chambers in 2011. He does a good balance of claimant and defendant work.
Tom is a former solicitor, having qualified at Magic Circle firm Slaughter and May in 2010 before transferring to the Bar.
Before joining Outer Temple Tom was a Judicial Assistant to Arden LJ (as she then was) at the Court of Appeal during 2010-11.
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  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, running, and watching the mighty Carlisle United FC.
Tom acts on a wide range of clinical negligence cases, up to and including trial. Topics covered in recent cases have included, amongst others:
Tom does a good balance of claimant and defendant work. His clients include patients, their families, NHS hospital trusts, individual doctors, and other clinicians.
Tom has a particular interest in appeals (as a former judicial assistant to Arden LJ).
He also appears at medical inquests, representing both families and NHS trusts.
Purchase v Dr Ahmed (Birmingham County Court, 6 May 2020)
One of the three clinical negligence secondary victim cases heard by the Court of Appeal in December 2021, reported as Paul v Wolverhampton  EWCa Civ 22. Tom acted for the defendant GP and was successful, at first instance, 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. The claimants’ appeals to the Supreme Court are pending in 2023.
Acting for the claimant, who became paraplegic after a thoracic vertebral fracture was not immobilised and operated on while she was an in-patient in hospital.
Cerebral palsy claim, acting for a young girl who suffered brain injury at birth. (Led by Matthew Phillips KC, acting for the claimant).
Acting for the claimant family, after their husband / father died following a GP’s failure to refer him for Hepatitis C blood testing. The deceased suffered from untreated Hepatitis C for many years as a result, which ultimately led to his death from liver cancer – and a substantial dependency claim as he was the primary carer for his disabled adult son.
Acting for the claimant, who suffered a brain injury following an unwitnessed fall in hospital. Complicated causation issues as to how the claimant would have recovered from a pre-existing stroke (which they were in hospital for), and how much care they would have needed anyway.
Acting for the defendant after a 35-year-old wife and mother died in hospital after suffering a central venous sinus thrombosis. The case featured significant disputes on cau-sation, Fatal Accidents Act dependency claims, and the husband’s secondary victim claim. Case settled at a mediation (where Outer Temple’s Ben Bradley represented the claimant).
Woolhouse v Spire Healthcare (Blackpool County Court, 25 February 2020, HHJ Beech)
Successful defence at trial of a claim about arthroscopic hip surgery. The defendant’s surgical witness was found to be “credible, understated and compelling” while the claimant’s orthopaedic expert was found to be “blinkered” and “unimpressive”. On costs, the judge also ruled (under CPR 44.15(1)(a)) that QOCS still applies even where part (but not all) of a case is struck out.
Muller v King’s College Hospital NHS Foundation Trust ( EWHC 128 (QB)
Unusual ‘non-Bolam’ trial on liability and quantum involving a delayed diagnosis of cancer (see http://www.outertemple.com/2017/02/tom-gibson-represents-nhs-hospital-trust-unusual-non-bolam-clinical-negligence-trial/).
Jacobs v King’s College Hospital NHS Foundation Trust ( EWHC 121 (QB)
High Court trial on liability and quantum involving hernia surgery. (Acting for the defendant).
Gardner v Northampton General Hospital ( EWHC 4217 (QB)
High Court liability trial involving expert A&E and surgical evidence. (Acting for the defendant).
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.
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.
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).
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 high-value personal injury cases, mainly involving spinal cord injury, brain injury, or amputations.
He has a particular interest in quantum (Tom admits to liking quantum and spreadsheets – he did do a Maths degree).
Acting for the claimant, who suffered catastrophic brain and orthopaedic injuries after a hit and run car accident. (Led by Matthew Phillips KC).
Acting for a young claimant and motorbike rider who was left paralysed after a crash with a taxi. (Led by Matthew Phillips KC).
Acting for the claimant in a ‘freak accident’ brain injury case. The claimant was driving on the A1 when a sheet of metal flew through the windscreen and sliced her skull open. The claimant, a talented writer, lost her career as a senior teacher – though wrote a blog to use her experience to help others.
Acting for the claimant, a young man who needed a below knee amputation following a motorcycle accident. (Led by Christopher Wilson-Smith KC).
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. Settled for a seven-figure sum at a JSM in spring 2021 (Led by Sarah Crowther KC, acting for the claimant).
Acting for the claimant who sustained severe brain injuries after being knocked off his bicycle by the defendant car driver. Settled for an eight-figure capitalised sum at a JSM in summer 2020. (Led by Matthew Phillips KC).
Seven-figure settlement (capitalised) for a young lady who suffered a brain injury and incomplete spinal cord injury in a cycling accident. (Led by Matthew Phillips KC, acting for the claimant).
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).
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).
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.
Fryatt v Nottingham Forest FC (2020)
acting for the claimant, a former Premier League striker, who alleged that the club’s mismanagement of his Achilles Tendon injury led to his career ending prematurely at age 28. Tom was led by Satinder Hunjan QC. The claim settled at a JSM in Decem-ber 2020. See press coverage, e.g. https://www.bbc.co.uk/sport/football/52991506.amp.
Acting for the claimant, a professional footballer and former Premier League academy player, who suffered long term injuries after an ‘over the ball’ tackle from a team mate in training.
Acting for the claimant, an experienced professional footballer (and former England youth international), whose career was ended following an Achilles tendon injury.
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 involved substantial claims for lost football earnings and loss of congenial employment (following the principles discussed in Appleton v El Safty  EWHC 631 (QB) and Collett v Smith  EWCA Civ 583).
Acting for the claimant, an american football player with a UK university team, who suffered a serious knee infection following cruciate ligament surgery.
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  UKSC 11.
Acting for the defendant physiotherapist (and former physiotherapist to the Great Brit-ain 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.
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.
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.
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.
“Tom is a brilliant advocate.”
Clinical Negligence, Chambers and Partners 2023
“Clients really appreciate his sympathetic approach. He combines this with superb technical knowledge and a commercial attitude to help get cases settled.”
Clinical Negligence, Chambers and Partners 2023
“He has fantastic client care skills.”
Clinical Negligence, Chambers and Partners 2023
"Tom is fantastic with clients, particularly those who have been through upsetting and traumatic experiences; he is emotionally intelligent."
Clinical Negligence, Legal 500 2023
"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.
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