News & Events

clinical negligence

Secondary Victim Claims: Tom Gibson comments on Paul v Wolverhampton

The Court of Appeal has now handed down judgment in Paul v Wolverhampton, Polmear v Cornwall and Purchase v Dr Ahmed – three conjoined appeals on the ‘secondary victim’ criteria for psychiatric injury claims in a clinical negligence setting.  Tom Gibson takes a closer look at the implications. While medical negligence practitioners everywhere may have been hoping for clarity in the law, it looks as though the secondary victim claims saga will continue to run.  Though the Court of Appeal decided the appeals, perhaps reluctantly, in favour of the defendants, the Court also encouraged the claimants to appeal to the Supreme Court. All three cases featured claimants who suffered psychiatric injuries resulting from family members’ tragic, sudden deaths following medical…

Clinical Negligence, News 18 Jan, 2022

University Hospitals Coventry & Warwickshire NHS Trust

Jonathan Hand QC appears in Miller v University Hospitals Coventry & Warwickshire NHS Trust 

Jonathan Hand QC successfully represented the Claimant in this clinical negligence claim, in which judgment was given on 9 November 2021. The following is a summary of the judge’s decision in the case.  The claim was brought on behalf of Mrs Miller’s estate together with a claim by her husband and her half-brother, as dependents under the Fatal Accidents Act 1976 after Mrs Miller was involved in a serious road traffic accident in 2016. The background In the accident, Mrs Miller suffered multiple orthopaedic injuries, including multiple fractures. Following arrival at the hospital by air ambulance, Mrs Miller underwent surgery for the fractures and was admitted to the ICU. Several weeks later, by which time Mrs Miller’s condition appeared to…

Clinical Negligence, News 22 Dec, 2021

Rachel Vickers Is Formally Named Queen’s Counsel

Outer Temple is very proud to announce that Rachel Vickers has been formally sworn in today as a member of Queen’s Counsel at the QC Appointment Ceremony 2021. Some of the finest legal minds have been sworn in today at Westminster Hall including Outer Temple’s Rachel Vickers. Whilst the celebrations have understandably been scaled down due to ongoing Covid restrictions, Rachel was able to celebrate with family and friends including her proud clerk, Paul Barton and we all look forward to getting together as a Chambers to raise a glass as soon as we can. Silks Day ‘Silks Day’ 2021, is the culmination of a rigorous application process to demonstrate excellence in advocacy in the higher courts. These appointments are…

News 1 Nov, 2021

Limitation provisions during lockdown for personal injury & clinical negligence matters

Carin Hunt considers limitation issues resulting from the COVID-19 lockdown in her article for Lexis PSL. In the Lexis PSL article, ‘Coronavirus (COVID-19)—limitation provisions during lockdown for PI and clinical negligence matters’, Carin Hunt considers the consequences of Covid-19 for the limitation of personal injury and clinical negligence claims. Carin looks at delays to the conduct of litigation caused by the pandemic, and considers the use of standstill agreements and the operation of section 33 of the Limitation Act 1980 to keep claims in time. Article If you have subscription to Lexis, you may read the article here.  About the Author Carin Hunt joined Chambers in September 2019, following her pupillage and she is developing a busy practice in the…

Clinical Negligence, Legal Blog & Publications, Personal Injury 12 Aug, 2020

Tom Gibson acts for successful defendant in secondary victim claim strike out

Tom Gibson acted for the successful defendant in Purchase v Ahmed in striking out the claimant’s ‘secondary victim’ claim for psychiatric injury following the death of her daughter. However, the law on ‘secondary victim’ claims may soon change… The law might develop further in this area soon as the appeal in Paul v The Royal Wolverhampton NHS Trust [2019] EWHC 2893 (QB) is due to be heard this week, on 13-15 May 2020. Tom Gibson of our Clinical Negligence Team has successfully struck out the claimant’s ‘secondary victim’ claim in the case of Purchase v Ahmed (Birmingham County Court, 6 May 2020) and analyses the case and what the future may hold for ‘secondary victim’ claims below. The Facts The defendant,…

Clinical Negligence, News 12 May, 2020

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