B v R

High Court aviation case. Lionel Stride (instructed by Rebecca Smith at Stewarts) is currently representing the passenger (a qualified pilot) in a light air craft accident, allegedly caused by the negligence of the pilot in command. The pilot undertook an orbit rather than a go-around at too low an altitude and speed, causing the aircraft to stall and crash. The Claimant, a successful businessman, suffered a spinal cord injury and is now a paraplegic. The claim is pleaded at over £4milliion. Liability and quantum remain dispute. It is likely that the case will come to trial in 2022 if not resolved through mediation.

S v B & C

High Court spinal cord injury claim. Lionel is being led by Simon Browne QC (instructed by Amber Braybrooke and Patrick Maguire) in a tragic spinal cord injury case arising out of high-speed collision. The Claimant was a teenager at the time of injury and will require life-long professional care, aids and equipment and adapted accommodation. The claim is likely to come to trial in late 2022 if not resolved through mediation.

S v K

Lionel represented the Defendant (instructed by Simon Curtis at Horwich Farrelly) in a complex chronic pain case pleaded at over £750,000. The Claimant contended that she had developed a permanent Functional Neurological Disorder (FND) following a serious motorcycle accident in which she had suffered a comminuted leg fracture. She claimed that her injuries had led directly to premature retirement as a nurse and that she would continue to require extensive rehabilitation and professional assistance.

A v UHDB NHS Foundation Trust

High Court clinical negligence case. Lionel Stride (instructed by Mathew Smith of Slater & Gordon) represented a man who had suffered an amputation of his right leg resulting from the alleged failure to diagnose vascular issues (aorta-iliac arterial disease) between 2010 and 2016. This ultimately led to an above knee amputation, as opposed to receiving angioplasty treatment that would have saved his leg.

M v P

Lionel represented the Defendant (instructed by Neil Southern and Katy Marsden at Clyde & Co) in a complex chronic pain case pleaded at £1.3 million. The Claimant contended that she had developed a permanent somatising chronic pain condition and delusional disorder that prevented her from working after a pedestrian accident. She lacked capacity due to the severity of her condition and a deputy had been appointed.  However, she had a complex past psychiatric history and the critical issue in the case was how, when and to what extent this would have manifested in future. The matter settled for a low six figure sum at around 10% of the pleaded value at a JSM.

S (on behalf of her estate and dependants) v RFL NHS Trust

High Court clinical negligence case. Lionel Stride (instructed by Laura Cleevely at Slater & Gordon) represented the family of a patient who tragically died following a negligent failure to diagnose a facial lesion as Squamous Cell Carcinoma despite vulnerability from pre-existing lupus. This led to a 12-month delay in diagnosis that proved fatal. Breach of duty, causation and quantum (including life expectancy) remained in dispute. The claim settled for a high six-figure sum at an all-day mediation that assumed a favourable result for the Claimant at trial on all issues in dispute.

H v L NHS Foundation Trust

High Court clinical negligence case. Lionel Stride (instructed by Mathew Smith of Slater & Gordon) represented a man who had been misdiagnosed with metastatic cancer rather than (transient) inflammatory disease, leading to intensive pharmacological treatment that caused permanent physical harm and psychological damage. Breach of duty, causation and quantum (including life expectancy for an unrelated condition) remained in dispute. The claim settled for a high six-figure sum at an all-day mediation that assumed a favourable result for the Claimant on all issues.

B v H

Lionel represented the Defendant (instructed by John Lezemore and Carley Howett at DWF) in a fibromyalgia case pleaded at around £2.85 million. The Claimant contended that she had developed a permanent and significant aggravation of pre-existing fibromyalgia and a (new) SSD that had prevented her from returning to work as a teacher. The claim assumed that she would continue to require significant care and housing adaptations. In addition to questions of quantification, the critical issue was causation, including whether and if so when she would have become similarly disabled in future. The matter settled for a low six-figure sum at less than 10% of the pleaded value of the claim following an all-day JSM.

W v ESH NHS Trust

High Court clinical negligence case. Lionel Stride (instructed by Iona Smith and James Roberts at Gaby Hardwicke) represented an elderly lady who tragically lost a leg as a result of an alleged failure to diagnose a pseudoaneurysm following re-hospitalisation after an angiogram, leading to severe infection and, ultimately, amputation. Breach of duty, causation and quantum remained in dispute.

K v SL Ltd

Lionel Stride (instructed by Esther Millard at Moore Barlow) represented the Claimant in a professional negligence claim against a firm of solicitors who had allegedly significantly under-valued his complex injury claim. This had led to a low settlement that was circa £750,000 below its true potential value. Breach of duty and quantum were in dispute. The parties remained a considerable distance apart even after a lengthy mediation. However, the Defendant significantly increased its offer in the following few weeks and the parties were able to reach a favourable six-figure sum that appropriately reflected the Claimant’s loss of chance.

Vincent v Walker [2021] EWHC 536 (QB) [2021] 3 WLUK 96

High Court split liability (remote) trial involving a seriously injured claimant. The case (reported) helps to clarify the scope of a driver’s duty of care (in terms of speed, adjustments and observations required) when driving on a 50mph road and approaching a toucan crossing.

C v C

Lionel Stride represented the Claimant (instructed by Steven Pollard and Martyn Steele at Your Lawyers) in a High Court case that settled on the doorstep of trial for circa £1.6 million on a full liability basis. The Claimant, who had pre-existing vulnerability, required multiple operations on her knees following an injury sustained at the Defendant’s premises. She had been left with intrusive disability, the need for further surgery, including a knee replacement with an attendant risk of future amputation.

K v M

Lionel Stride represented the Claimant (instructed by Michael Hardacre at Slater & Gordon) in a High Court case that settled at a JSM for £1.6 million. The Claimant was involved in a high-speed collision that fatally injured his brother. He suffered multiple injuries, including compound splintered fracturing at the proximal end of the ulna bone (olecranon), with bone loss involving the articular surface of the ulna at the elbow; and displaced, comminuted fracturing at the shafts of the radius and ulna. The left elbow fracture had failed to unite, which meant that he would need complex surgery and, further in the future, an elbow replacement and revision procedures.

MW v T

Lionel Stride represented the Claimant (instructed by Ken Brough at Slater & Gordon) in a High Court case that settled at a JSM for £600,000. Following a head-on collision, the Claimant suffered severe internal injuries that had made her infertile (unable to conceive by natural means) and which meant that she would need significant assistance with future childcare.

E v A (insurer) and S (gym, in administration)

Lionel Stride represented the Claimant (instructed by Michael Hardacre at Slater & Gordon) in a High Court paraplegia case that settled at a JSM for £1.525 million. The Claimant was injured whilst using a squat rack in a ‘Free Weights’ gym when he stumbled and fell, resulting in a crush injury to his spine from the barbell that he had been lifting. There were no safety bars on the squat rack at the material time and it was the Claimant’s case that he had not been told of the need, or how, to use them. It was therefore alleged that the gym had failed to warn him of the need to use the safety bars with an induction or warning signs; and had failed to risk assess or provide health & safety training to its staff to enable an effective induction to take place.

A v T & Aviva

Lionel represented the Defendant (instructed by Daniel Jordon at DWF) in a High Court chronic pain case originally pleaded at £2 million. The Claimant contended that she had developed a permanent somatising condition that prevented her from working after suffering a fractured ankle.

T v C & Ors

This was a High Court claim in which Lionel Stride (instructed by Rebecca Smith and Julie Straughan at Irwin Mitchell) acted on behalf of the dependants of a pilot and his wife who tragically died in light aircraft crash in 2015. The primary claim (pleaded at over £4 million) was brought against the constructor, kit and engine providers and Light Aircraft Association in negligence and/or under the CPA; with a secondary claim (adopting the defences of the primary defendants) in negligence (on behalf of the dependents of the wife) against the estate of the pilot.

L v BH NHS Trust

High Court claim in which Lionel (instructed by Joanne Warren at Slater & Gordon) acted on behalf of an elderly claimant who lost a limb as a result of negligent treatment following cardiac arrest. Breach of duty and causation were admitted but there remained significant dispute as to life expectancy, care and equipment needs and use of prosthetics. A high six-figure settlement was achieved at a remote mediation during the Lockdown. The contributing parties and amount of the settlement remain confidential.

S v Godwin

Lionel Stride represented the Defendant (instructed by Christine Winter at DWF) in a High Court brain and eye injury case pleaded at over £4 million. The Claimant, at the time a minor, was blinded by an airgun that misfired. It was alleged that he lacked capacity due to a brain injury sustained in the accident and an application for the appointment of a deputy was made to the Court of Protection.

B v NW ANGLIA NHS FOUNDATION TRUST

Lionel Stride represented the dependants of a deceased patient in a High Court claim arising out of an 18-20 month negligent delay in diagnosing cancer, which tragically resulted in the patient’s premature death. The claim, which included significant claims for past and future loss of financial dependency, as well as grandparental childcare services, settled for £860,000 at a Joint Settlement Meeting.

Labbadia v Alitalia [2019] EWHC 2103 (Admin)

lionel Stride successfully represented the Claimant in a High Court claim arising out of his fall whilst descending disembarkation steps at Milan Airport. The case focused primarily on the judicial interpretation of ‘accident’ under the Montreal Convention 1999 (“the 1999 Convention”), namely whether there had been an unusual, unexpected or untoward event, external to the Claimant, causing death or injury, on board an aircraft or in the course of embarkation or disembarkation.

D v NHS CB & R

Lionel Stride successfully defended a claim brought against an ophthalmologist who was alleged to have failed to identify a posterior retinal detachment at two separate examinations, leading to sudden deterioration in vision, emergency surgery and permanent visual defects. Breach of duty, causation and quantum remained in dispute.

S v M & Tesco Insurance

Claim on behalf of a man who suffered life-changing injury in a pedestrian road traffic accident. The claim settled for £540,000 at a Joint Settlement Meeting, including significant claims for loss of earning capacity (Ogden 7 calculation), silicon sleeves (to mask the effects of scarring), aids/equipment and domestic and DIY assistance.

E v S & Octagon Insurance

High Court claim on behalf of dependents of a man tragically killed on Christmas Day 2015 in a hit and run accident. The First Defendant was later prosecuted and imprisoned. The claim settled at a Joint Settlement Meeting for £675,000, including significant sums for future loss of financial and service dependency on behalf of his widow, children and father.

P & Ors v Germanwings Gmbh; and M & Ors v Germanwings Gmbh

Confidential settlements achieved in two separate High Court claims brought on behalf of dependents of two different families arising out of the Germanwings disaster. There were significant disputes as to jurisdiction, applicable law and quantification, all of which had to be resolved during the settlement negotiations. The terms of the agreements included non-disclosure provisions, which prevent publication of the nature of the settlement achieved.

Gaten v Johnson

£470,000 settlement achieved at Joint Settlement Meeting in which the Claimant had suffered permanent, or semi-permanent, cognitive deficit from a head injury and psychological symptoms arising out of a serious road traffic accident.

Kaur v University Hospitals NHS Foundation Trust

Confidential settlement achieved at mediation in a High Court claim on behalf of the dependants of a deceased patient whose Mantle Cell Lymphoma (MCL) had been diagnosed two years late after negligent analysis of a biopsy. He later developed a blastic variant of the disease that resulted in his early death. Causation and quantum remained in dispute.

Keen v Ashford and St Peter’s NHS Hospitals Trust

Clinical negligence case that settled for a six-figure sum. The Claimant’s sigmoid colon was injured whilst undergoing a hysterectomy, which the surgeon failed to notice. Consequently, the Claimant developed infection; required three additional surgical procedures; and needed to use a colostomy bag permanently after the failure of the final operation to reverse a loop colostomy due to anastomic leakage. Breach of duty and causation remained in dispute. The claim was settled on the basis that the Claimant would not now risk any further surgery and would therefore have permanent disability.

Y v WHH NHS Trust

Obstetric/gynaecological case that settled at close to seven figures. The claimant sustained a second or third degree tear to her anal sphincter as a result of the failure to perform an episiotomy or an operative delivery during the birth of the claimant’s first child. She was left with debilitating colorectal symptoms that significantly reduced her earning capacity, having had to give up a lucrative job due to her inability to work in an office.

S v Secretary of State for Health

High Court claim that settled for a high six-figure sum. The claim arose out of surgical negligence resulting in a permanent frozen shoulder that had caused significantly impaired function. Causation remained in dispute but the claimant’s medical evidence was that he was unlikely ever to return to full function.

R & Ors v C

Confidential settlements negotiated at mediation on behalf of three dependents arising out of a death during the Shoreham Air Disaster. There were disputes between family members as to the existence and/or extent of the dependency of three of these dependents; and their right to be added as individual parties to proceedings. The matter was resolved in their favour during mediation with the conflicted parties separately represented; and individual damages and costs orders negotiated.

Iddaoudi v London Ambulance NHS Trust & Central London Healthcare NHS Trust

High Court case that settled for a six-figure sum. Breach of duty and causation remained in dispute. The claim arose out of the failure of both the London Ambulance Service and the claimant’s local hospital to identify and treat pending compartment syndrome, resulting in permanent disability.

D’Souza v West Middlesex University Hospitals NHS Trust

High Court claim that settled for a six-figure sum. The (retired) claimant suffered a damaged popliteal artery during knee surgery that resulted in permanently reduced mobility and independence. Breach of duty and causation were both in dispute. The case settled on the basis that the claimant would, absent negligent surgery, have maintained his independence for the foreseeable future without the need for permanent assistance.

Chatburn & Whitley v Whitley

£365,000 settlement negotiated at JSM on behalf of claimants whose mother tragically died in a plane crash. There were significant dependency claims for loss of child care services to her grandchildren that she had been expected to provide.

Elliott v Light

£382,500 settlement negotiated at JSM on behalf of claimant who suffered from life-changing disability due to the development of Chronic Pain Syndrome and Somatic Symptom Disorder. There was fundamental disagreement between the pain and psychiatric experts as to causation in light of the claimant’s pre-existing medical history; and as to prognosis (whether and to what extent she would recover). The claim settled on the basis that there would only be modest recovery in future.

Holland v Vose

£300,000 quantum settlement negotiated at JSM on behalf of claimant who suffered horrific leg injuries that prevented him from returning to his old work capacity. The settlement figure was reduced to reflect an agreed apportionment of liability.

Westcott v Quirke

£320,000 settlement negotiated at JSM on behalf of a claimant who lost her job as a teacher following the onset of symptoms from asymptomatic pars fractures after a serious motorcycle accident.

Philpott v RG Carter

£320,000 quantum settlement negotiated at JSM on behalf of claimant who suffered disabling ankle injuries and was likely to require full fusion operations on both ankles in the future. The final settlement was discounted to reflect an agreed apportionment of liability.

TGC Clinical Negligence Newsletter – Second Issue

16th November 2021

Welcome to the latest edition of the TGC Clinical Negligence Newsletter.

To help you navigate this edition, here is an overview of what you can expect: –

Procedure, Limitation & Expert Evidence
• To kick us off on recent procedural developments, Marcus Grant considers Calderdale & Huddersfield NHS Foundation Trust v Metcalf [2021] EWHC 611 QB in which the Court handed down a six-month prison sentence against a claimant as punishment for contempt of court for signing statements of truth on court documents containing facts that she knew to be untrue.
• Ellen Robertson looks at Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 2164 (QB), which considers the old chestnuts of ‘date of knowledge’ for the purposes of limitation and the ‘balancing exercise’ undertaken by the Court when considering whether to utilise its discretion under section 33 of the Limitation Act 1980
• James Arney Q.C. considers PAL v Davidson [2021] EWHC 1108 (QB), an application by a 13-year-old claimant who had suffered catastrophic injuries for an interim payment of £2 million to enable a suitable property to be purchased for her long-term accommodation needs.
Fourthly – and this is itself a new development for the TGC Clinical Negligence Newsletter – we will take you through a quick-fire review of four key cases in the field.

Breach of Duty & Causation
• Turning to questions of liability, James Laughland first considers the Supreme Court’s much awaited judgment in Khan v Meadows [2021] UKSC 21, in which the centrality of the ‘scope of duty’ principle was affirmed as a determinative factor in medical advice cases.
• I (Lionel Stride) then examine the battery of post-Montgomery case law concerning patients’ informed consent to treatment.
• Following on from the above, Robert Riddell analyses Negus (1) Bambridge (2) v Guy’s & St Thomas’ NHS Foundation Trust [2021] EWHC 643 (QB), which concerns the extent to which a doctor is under a duty to warn a patient before surgery of the material risk which may arise from intra-operative technical decisions.
• Nicholas Dobbs examines Sheard v Cao Tri Do [2021] EWHC 2166 (QB), which provides an instructive example of the difficulties in clinical negligence claims when resolving conflicts between witness evidence and contemporaneous medical notes.
• James Laughland analyses Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB) in which the Court considered whether the making of a material contribution to harm was sufficient to establish liability in a clinical negligence claim.
• Rochelle Powell considers Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323(QB), which provides an interesting exposition of the Bolam test in the context of an alleged failure to refer the claimant for an emergency MRI.
• Anthony Johnson considers Brint v. Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 in which the Judge’s consideration of the claimant’s lack of credibility as a witness did not equate to a finding of fundamental dishonesty for the purposes of CPR 44.16.
• James Arney Q.C. analyses XM v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB) in which the Court considered the standard of care to be expected from ‘health visitors’; the judgment is a practical application of the principles established in Wilsher and Darnley.
• I (Lionel Stride) then set out a quick-fire summary of some of the other interesting recent clinical negligence cases that did not (quite) make the cut for articles.

Calculation of Damages
• Turning to questions of quantum, Anthon Johnson analyses Reaney v. University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119, which is significant for two reasons: (i) the Court provided guidance on the applicability of the test of causation in a case where a non-negligent injury had been exacerbated by the Defendant’s clinical negligence; and (ii) the Master of the Rolls commented obiter on the applicability of the ‘material contribution’ test in claims of that nature.
• Blowing the final whistle on this edition, James Yapp then considers Owen v Swansea City AFC [2021] EWHC 1539 (QB), in which the Court addressed the question of how to calculate the likely career earnings of a young professional footballer.

We very much hope you enjoy this publication, and welcome any feedback.

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TGC Fraud Update Issue XII

1st June 2021

Please see link below to the latest TGC Fraud newsletter.

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TGC Clinical Negligence newsletter

22nd March 2021

Welcome to the inaugural edition of the TGC Clinical Negligence newsletter, a twice-yearly publication containing articles on recent key legal developments in this field, as well as a selection of recent noteworthy cases in which Members of Chambers have been involved.

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Covid Risk And Reward: How To Mitigate The Risk Whilst Continuing To Trade

14th January 2021

With Covid-19 cases at their worst yet, it is critical that businesses remain alert to the necessity of managing health and safety in the workplace. Failing to do so risks both criminal and civil liability, as well as significant financial consequences. Lionel Stride discusses what steps can businesses taken in the 12th January 2021 issue of SME News.

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Back to Square One? New Law Journal – 8 January 2020

8th January 2021

Lionel Stride examines P v Royal Wolverhampton NHS Trust: more layers to the patchwork quilt in secondary victim claims in today’s issue of New Law Journal.  Please see link below for full article.

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TGC Costs Update – Vol 7 December 2020

17th December 2020

Please see link below to the latest TGC Costs newsletter.

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TGC Podcast Covid – 19: RIDDOR Reporting and Causation in a Criminal and Civil Context

10th July 2020

Members of the Health & Safety and PI teams at Temple Garden Chambers have recorded their second podcast in our Covid – 19 series.

The podcast is essential listening on the implications for employers and employees in relation to the return to the workplace in the shadow of Covid 19.

Please join ranked leaders in the field Keith Morton QC and Dominic Adamson QC along with Lionel Stride, David R White and James Yapp via the below link.

The date of knowledge information as mentioned within the podcast can be obtained here.

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Safeguarding your services during the COVID-19 crisis

11th June 2020

Lionel Stride (with assistance from his paralegal Philip Mathews) has considered some of the implications for care homes arising out of the pandemic to assist with preparedness. This ties in with the Podcast that he and other members of the Health & Safety team have considered for duty-holders trying to mitigate the risks from the Coronavirus and to avoid criminal, as well as civil, liability.

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TGC Podcast: Avoiding Criminal Enforcement Action & Civil Claims in the Shadow of Covid-19

26th May 2020

Members of the Health & Safety team at Temple Garden Chambers intend to inform and assist in a topical podcast on the implications to employers on workers returning to the workplace in the shadow of Covid 19.

Please join ranked leaders in the field Keith Morton QC, Dominic Adamson QC along with Lionel Stride, David White and James Yapp via the link below.

More information on the speakers and the areas in which TGC can assist can be found at:

www.tgchambers.com

Or by contacting the clerks:

0207 583 1315 or clerks@tgchambers.com

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Clinical negligence in the time of Coronavirus

14th April 2020

Lionel Stride outlines in Hospital Times how the current pandemic could expose medical professionals to clinical negligence claims and the guidance out there to help clinicians and health providers through this difficult period.

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TGC Costs Newsletter Vol V

10th December 2019

Please see link below to the latest update from the TGC Costs Team.

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TGC Fraud Newsletter Issue X – October 2019

23rd October 2019

Issue X of the TGC Fraud Newsletter, a publication we have set up with the stated aim of facilitating the sharing of information about decided claims involving issues of road traffic fraud and related matters, can be found at the link below.

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Judicial interpretation of ‘accident’ under the Montreal Convention (Labbadia v Alitalia)

19th August 2019

This article was first published on Lexis®PSL Personal Injury on 15 August 2019.

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TGC Costs Newletter Vol IV

4th June 2019

Please see link below to the latest update from the TGC Costs Team.

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TGC Costs Newsletter Vol III

10th December 2018

Please see link below to the latest update from the TGC Costs Team.

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TGC Costs Newsletter

17th May 2018

Please see link below to the latest TGC Costs Newsletter.

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