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Will Young

Will Young

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Will’s main areas of work are personal injury, clinical negligence and employment law, as well as professional discipline.

Will is regularly instructed in a wide range of multi-track personal injury actions in the County Court, as well as more specifically in clinical negligence cases. He is instructed by both Claimants and Defendants, which he strongly believes enables him to provide a better service to clients on either side of personal injury litigation. He also appears at inquests.

Although he acts on his own in the majority of his cases, Will has experience of working with a leader, having acted as a junior to Harry Trusted and Gerard McDermott QC in recent cases.

Will also appears in the Employment Tribunal on a regular basis, representing both Claimants and Respondents, as well as in the Employment Appeal Tribunal. He is regularly instructed in multi-day discrimination, whistleblowing and unfair dismissal cases, amongst others.

Within the employment sphere Will has a particular interest in claims involving medical personnel, having acted for both NHS Trusts and medical employees (including doctors). He also has experience of employment disputes in the civil courts.

In addition, and complementing these areas of practice, Will also has a particular interest in Regulatory and Disciplinary Law, in particular medical disciplinary proceedings. He has appeared on behalf of registrants before the GMC and other professional disciplinary tribunals, in particular the NMC (as well as acting as a case presenter).

Will is of the view that his different areas of practice compliment each other, and the experience he has gained in each area is very often of benefit to his clients and cases in the other areas.

Will is a tenacious advocate both orally and on paper, able to grasp complex factual situations quickly and to present arguments persuasively. He takes pride in providing advice that is thorough and on time, and always maintains a focus on his clients’ needs and priorities.

Will studied Modern History at Oxford University, before completing his Graduate Diploma in Law. He is a Lord Denning Scholar of Lincoln’s Inn, and was a Pegasus Scholar to Washington DC in 2012.

Outside of the law, his interests are history, politics, music and sport, rowing in particular, having twice coxed the Great Britain Under 18 VIII at the Junior World Championships, as well as the Oxford reserve boat in the 2004 Boat Race.

Personal Injury

Will acts for both Claimants and Defendants in personal injury actions, although more often for Claimants. His cases involve a wide range of personal injury actions, including claims under the Highways Act, Occupiers Liability Act, and the Fatal Accidents Act, as well as employers’ liability claims and travel claims (see separate page).

Will acts as sole counsel in the majority of his personal injury cases, but he is also instructed as junior counsel in more complex and higher value claims, including catastrophic spinal and brain injury cases. He is currently instructed as junior to Gerard McDermott QC, for example, in a number of such cases.

He advises, drafts pleadings and appears in court on a regular basis in personal injury claims, primarily in multi-track claims, as well as attending joint settlement meetings.

Will’s experience in this and other areas, in particular clinical negligence and medical regulatory work, means he has the experience and confidence to deal with the medical evidence that is always involved, and usually crucial, in achieving a good result for a client in a personal injury claim.

Recent cases have involved: acting as a junior to Gerard McDermott QC for the Claimant in an RTA claim that settled at a JSM for £4 million; acting for the Claimant in a case concerning an accident at work leading to a significant foot injury that settled at a JSM for £155,000; and acting for the Defendant at a round-table meeting in a multi-track case where the Claimant was persuaded to discontinue shortly after the meeting.

Will also regularly provides CPD training events for solicitors’ firms. Topics have included: fraud in PI cases (especially in a travel context); dealing with expert evidence; and Fatal Accidents Act cases, but he is happy to provide talks on other topics of interest.

Will is a member of APIL and PIBA.

Clinical Negligence

Will has a burgeoning practice in this area, and he regularly advises and drafts pleadings for both Claimants and Defendants in cases involving a wide range of clinical disputes. In addition to being instructed as sole counsel, he has acted as a junior in more valuable and/or complex cases. He regularly appears at inquests, representing families and also NHS institutions, which has given him extensive experience of questioning medical witnesses and advocacy in a health-care context.

Will’s advice is thorough and comprehensive, and he always aims to be practical, realistic and attuned to the needs and expectations of his clients, whilst always seeking to achieve the best outcome reasonably possible. He is comfortable and confident in handling expert evidence in factually complex medical situations, and in dealing with medical experts in conference and in court. He strives to put clients at ease, and to always put them and their needs and interested at the centre of all of his work.

He is scrupulous about completing work on time, and appreciates the importance of this to those who instruct him.

Notable cases in this area have included:

  • acting, led by Harry Trusted, in a case involving alleged misdiagnosis of a spinal infection. The case involved a claim for substantial periodical payments in relation to the care claim, and settled shortly before trial for a capitalised value of around £1.3 million
  • being instructed as a junior, again led by Harry Trusted, for a claimant in an action against an NHS Trust and the police after she was seriously injured in a suicide attempt, resulting in bi-lateral below-knee amputations. The claim involved significant prosthetic and care claims, and was settled after a joint settlement meeting for £2 million
  • acting for the Defendant in a claim alleging negligence during lumbar decompression surgery leading to a perforated bowel. The claim settled at an NHS mediation for around £260,000
  • appearing for the Claimant at trial in an action relating to allegations of negligence during a total knee replacement. The case involved contested expert evidence concerning surgical technique and analysis of post-operative radiography, and
  • a number of claims involving negligent failure to diagnose and/or appropriately treat patients with cancer, often involving difficult causation arguments, for example one case involving a delayed diagnosis of lung cancer, which settled for over £200,000

International Personal Injury and Travel Law

Will has a particular interest in claims involving cross-border personal injury and travel law.

He acts for both Claimants and Defendants in claims with an international or cross-border element to them in a number of areas, including: package travel claims, cross-border RTAs, Athens Convention, and aviation (e.g. “Denied Boarding” Regulations) claims.

He regularly provides CPD training for solicitors’ firms, with recent talks having covered “fundamental dishonesty” in package travel claims, jurisdiction after Brownlie v Four Seasons, and X v Kuoni. He was a speaker at the 2018 APIL Accidents Abroad conference in London, and was the co-author of the Athens Convention chapter in the 2018 APIL Accidents Abroad book.

Employment & Discrimination

Will appears regularly in the Employment Tribunal (acting both for Claimants and Respondents), as well as the Employment Appeal Tribunal. He also provides written advice and drafts pleadings when required.

Will has a particular interest in employment cases involving medical employers, acting regularly for NHS Trusts as well as their employees, including doctors, in cases involving whistleblowing, discrimination, and contractual disputes, as well as unfair dismissal. He has wide-ranging experience of employment disputes, however, ranging from small private companies to large national and international employers, both public and private sector, and including in the field of financial services. He is particularly interested in discrimination claims of all types, and has a significant amount of experience in his field. His personal injury experience also gives him an interest in cases where discrimination, harassment and/or bullying have led to stress at work and psychiatric injury.

He also has experience of employment and employment-type claims in the civil courts, two recent examples being: advising a senior consultant in the healthcare field working in the Middle East in relation to claims for sums due under his contract of employment; and advising directors of a media company on an injunction to restrain a former employee from making unauthorised use of intellectual property owned by the company.

Recent cases include:

  • Rana v London Borough of Ealing [2018] – Court of Appeal case (in which Will was instructed as sole counsel) giving guidance on the correct approach to applications for extensions of the time limit for appeals to the EAT where the ET’s judgment has not been sent to one of the parties
  • Prasad v Epsom & St Helier NHS (2019) – successful appeal to the EAT overturning the dismissal of the Claimant’s claim for harassment on grounds of sex. The Respondent was represented by a QC, and permission to appeal to the Court of Appeal was sought
  • McLeary v One Housing Group (2019) – successful appeal to the EAT in relation to the Tribunal’s dismissal of the claim on limitation grounds. Guidance was given on the correct characterisation of a constructive dismissal based on different types of discriminatory conduct
  • Taylor v Ladbrokes [2017] IRLR 312 – successful EAT appeal against dismissal of claim for disability discrimination, relating to question of whether the Claimant’s diabetes was a “progressive condition”
  • An age discrimination claim, acting for two Directors employed by a large retail company dismissed for redundancy. The claim was listed for a five day trial, but settled shortly before trial for sums in excess of £200,000 in respect of each Claimant

Publications – in 2016 Will co-edited, along with Emily Gordon Walker, the Tolleys Employment Law Service chapter on Absence from Work.

Will is a member of ELA and ELBA.

Disciplinary & Regulatory

Will is also instructed in cases involving regulatory and disciplinary law, particularly involving medical practitioners. He has acted as a case presenter for the NMC, as well as representing registrants before the GMC, NMC and the HPC (as it was previously).

Notable cases include:

  • acting for a doctor in front of the GMC facing allegations of fraudulently obtaining free NHS prescriptions for relatives overseas. The registrant avoided having his registration erased, and instead was suspended
  • acting for a nurse (and manager of a residential care home) in front of the NMC in an eight day hearing surrounding allegations that her fitness to practice was impaired as a result of failings in the care provided under her management at the home. The hearing resulted in Will’s client avoiding a finding that her fitness to practice was impaired
  • acting for a paramedic in front of the HPC, involving allegations of sexual assault of a patient whilst under his care in an ambulance

Will’s practice in other areas, in particular clinical negligence, is helpful when acting in medical disciplinary cases, and his experience in dealing with expert medical evidence is particularly useful when acting in such cases. He is available to advise in such cases, as well as offering representation at hearings.

Appointments & Memberships

  • APIL
  • ELA
  • PIBA

Awards

  • Lord Denning Scholar (Lincoln’s Inn)
  • Pegasus Scholar (2012)

Will Young 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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