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Samantha Presland

Samantha Presland

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Samantha Presland specialises in the fields of Court of Protection, Clinical Negligence and Personal Injury. She also has an extensive Inquests practice, spanning each of the foregoing fields of specialism. Sam has a particular interest and expertise in aspects of mental capacity law and in psychiatric injury cases.

She appears in the Court of Appeal, High Court, County Court and Coroners Courts.

Sam acts for claimants, insured defendants and NHS Resolve alike in all of her practice areas. Within her Court of Protection practice she 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 matters where compromise and problem-solving are preferable to combative litigation, in order that best interests are met. Sam 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 to 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 County Court as Civil Recorder in all civil legal matters and in the Crown Court as a Criminal Recorder with a Serious Sexual Offences ticket.

She is happy to provide, 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.

Personal Injury

Sam has extensive experience in high value catastrophic injury, chronic pain and complex psychological/psychiatric injury matters, 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 deep knowledge of 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. As well, she acts in historic sexual abuse claims.

Sam’s personal injury work includes inquests for families and all other interested parties.

Her recent cases include:

  • A settlement of £500,000 for a severely mentally impaired adult claimant who sustained 60% burns due to failings at the residential care home where he lived. Quantum was complicated by his high previous care needs in any event, and a requirement for the cost of a deputyship to be included for the rest of his life.
  • A settlement in a claim under the Fatal Accidents Act 1976 for elderly parents following the death of their daughter who had been their primary carer. The settlement included a 6-figure sum towards loss of their daughter’s services as they aged, taking into account the costs of care homes, which would now have to be considered.
  • Sexual abuse of a resident within an in-patient setting by other residents, resulting in severe PTSD, anxiety, depression and self-harming.
  • A complex suicide inquest for the family, where the deceased was suffering from bipolar disorder. The issues included alleged financial impropriety by a private mental health counselling and referral service which acted as an agent for a well-known private hospital. The case received press attention.
  • Stress at work and bullying claims, including under the Protection from Harassment Act 1997. Several of these were against the MoD and particularly sensitive, one involving sexual harassment against a former member of the Women’s Royal Naval Service.
  • A 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, including claims arising from uninsured or untraced drivers brought against the Motor Insurers’ Bureau.

Appointments & Memberships

  • Civil Recorder (2018)
  • Criminal Recorder (2016), Serious Sexual Offences Ticket (2018)
  • APIL
  • PNBA

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.

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