Welcome to the August edition of Gatehouse Chambers' Clinical Negligence and Personal Injury Newsletter.
We are delighted to have been able to add to the junior members of the team by accepting Charlotte Wilk as a tenant following her third six pupillage.
Before she came to the Bar, Charlotte travelled solo to seventeen countries, photographing unusual libraries of the world (we are still waiting for the book). Charlotte directed a series of documentaries in the healthcare sector and delivered lectures to, among others, the Royal Academy of Arts.
Charlotte has a particular interest in clinical negligence, personal injury and costs. She is already building an impressive practice, as well as currently enjoying a part-time secondment with Harrow Council's Civil Litigation Team. She joins Aneurin Moloney, Helena Drage and Emma Woods in our talented under 10 years' call section of the team.
This newsletter brings you articles from Aneurin, Emma and Charlotte, together with an update on what some members of the team have been working on in recent weeks and some news about upcoming events in our seminar programme.
Please get in touch with any suggestions for topics you would like us to cover in future articles, seminars or our online brew sessions. In the meantime, whether you are flying off to glamorous locations or enjoying the summer here at home, we hope you get time for a well-earned break.
Vanessa McKinlay – Editor
The Nip and Tuck of Negligent Surgery Overseas – A High Court
Recent years have seen an increase in patients travelling abroad for elective medical treatment. There are often different reasons for this, such as lengthy NHS waiting times, and the lower prices often charged by foreign private clinics. This trend has brought about an increase in clinical negligence claims arising out of medical treatment overseas.
One such case is Clarke v Kalecinski and Others  EWHC 488 (QB), heard at the High Court in March 2022.
Woodger v Hallas  EWHC 1561 (QB)- A Fundamental Dishonesty
Appeal looking at 'Substantial Injustice'
In Woodger v Hallas  EWHC 1561 (QB), Mr Justice Knowles heard the Defendant's appeal regarding the issue of 'substantial injustice'. Section 57(2) of the Criminal Justice and Courts Act 2015 provides that "the court must dismiss the primary claim, unless it is satisfied that the claimant would suffer substantial injustice if the claim were dismissed."
Mr Justice Knowles previously decided the appeal in the key Fundamental Dishonesty case of London Organising Committee of the Olympic and Paralympic Committee Games v Sinfield  EWHC 51.
A Stitch in Time? Revisiting the "relevant period" under
CPR Part 36
In Mrs Halima Begum (A Protected Party by her Litigation Friend Mr Farid Akhtar) v Barts Health NHS Trust  EWHC 1668 (QB) it was held that the court has no jurisdiction to extend the "relevant period" under CPR Part 36.
Here is what some members of the team have been up to in recent weeks.
Charles Bagot QC has:
- Become Joint Head of Chambers.
- Successfully settled a long-running cerebral palsy case, where liability remained disputed, on a combined lump sum and periodical payment basis.
- Drafted a Defence in a novel secondary victim claim, where the primary victim was also the tortfeasor. The Defendant employed both the primary and secondary victims. Following service of the Defence, the Claimant discontinued the claim.
- Been advising internationally on various injury claims being conducted in the Cayman Islands, the Bahamas and other overseas jurisdictions.
- Been sitting as a Deputy High Court Judge in the Queen's Bench Division.
- Been talking to students and aspiring barristers at various careers and outreach events about training for and practising at the Bar.
- Completed his annual Charity Swim across the Solent to raise money for the West Wight Sports and Community Centre.
Emma Zeb has:
- Acted for Gloucester Police in a multi-IP inquest examining the extent of any failings of public authorities following the death of a young woman with mental health and addiction issues and concerning detailed arguments as to the application of Article 2 in such case.
- Grappled with the issues of vicarious liability, non-delegable duties of care and material contribution in a complex multi-party, high value brain injury claim.
- Settled a JSM on very favourable terms in a case involving alleged breaches of the Human Rights and Equality Acts.
- Dealt with two recent cases involving midwifery and obstetric negligence for the purposes of an inquest and also a potential clinical negligence claim.
- Written articles on recent developments in the coronial jurisdiction as well as delivering a Gatehouse Chambers Brew on inquests.
- Tried to clear the decks for some much needed down time in Spain with the family over the Summer holidays.
Jasmine Murphy has:
- Worked on the latest update of Kemp & Kemp, especially the Dishonest or Criminal Claimants and Fraudulent Claims chapter which has needed quite a lot of updating recently.
- Acted in claims arising out of dog bites which raise difficult issues involving the Animals Act 1971.
Robert Whittock has:
- Settled a fatal accident claim with a number of dependents.
- Acted for a professional footballer in an RTA.
- Drafted documents for review of a decision from the Solicitors' Compensation Fund of a claim for compensation where a PI solicitor dishonestly settled a clinical negligence case on a costs inclusive basis without instructions.
- Won a credit hire case where the real issue between the parties was liability and the case was decided by cross examination in relation to Google street view images.
Vanessa McKinlay has:
- Attended the High Court for the approval of two seven-figure settlements.
- Advised on a number of claims involving surgery, including amputation surgery, hip replacement surgery and post-operative management following abdominal surgery.
- Been sitting as an Assistant Coroner in Birmingham and Solihull.
Aneurin Moloney has:
- Settled a claim for a footballer injured by a defective 3G pitch for a six figure sum.
- Represented the family in an inquest arising out of an iatrogenic injury caused during an oesophagoscopy. Gross failings were identified the Coroner.
- Received instructions to act on behalf of the family of a psychiatric patient who died after being given high levels of sedative.
- Settled a claim in respect of a negligent delay in diagnosing cancer.
Emma Woods has:
- Represented the Defendant at a CMC in a complex clinical negligence claim estimated by the Claimant to be worth in excess of £10 million.
- Represented the Defendant in a dog bite Animals Act claim where the dog and the keeper were found to have been mistakenly identified by the Claimant.
- Represented the Family at a Healthcare Inquest.
- Successfully represented the Claimant against an Application for a Declaration of Fundamental Dishonesty.
13 Sep 2022, 12:00 pm – 12:45 pm
QOCS and CPR Part 36: Part 1
14 Sep 2022, 12:00 pm – 12:45 pm
QOCS and CPR Part 36: Part 2
30 Nov, 9:00 am – 12:00 pm
MBL Learn Live: Interlocutory Applications – Tactics & Strategies for Personal Injury Litigators
Gatehouse on Demand
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.