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Tom Gibson

Tom Gibson

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Tom specialises in clinical negligence and personal injury.

He does a good balance of claimant and defendant work.

Tom joined Outer Temple Chambers as a pupil in September 2011 and as a tenant in September 2012.  He was appointed to the Attorney General’s C Panel of Junior Counsel to the Crown in February 2016.  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.

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.  Topics covered in recent cases have included, amongst others:

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

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.

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.
  • 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 ([2017] EWHC 128 (QB)): unusual ‘non-Bolam’ trial on liability and quantum involving a delayed diagnosis of cancer.
  • 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’ (during the COVID-19 pandemic) with significant disputes on causation, life expectancy, and loss of earnings and pension.  (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).

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

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.

Areas of Law


Testimonials


“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

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