TGC Personal Injury Newsletter – Issue 1
Welcome to the inaugural edition of the TGC Personal Injury newsletter.
Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I will take all reasonable steps to protect your personal information. I will do all that I reasonably can to ensure I do not infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you, how it is used and shared, and your rights regarding it.
Data Controller
I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, Temple, London, EC4Y 9DA and my registration number is ZA032476.
Data Collection
All of the information that I hold about you is provided to me or gathered solely in the course of and for the purposes of your case, proceedings or any related matter.
Lawful Basis For Processing Your Information
The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:
Examples Of Legitimate Interests
My Lawful Basis is Legitimate Interest namely the provision of professional services to you and the proper exercise of my professional obligations and responsibilities. My Lawful Bases may also include: consent and/or performance of a contract with you or steps to enter a contract with you and/or compliance with a legal obligation. In so far as I process sensitive personal data that is necessary in relation to legal proceedings and/or obtaining legal advice and/or otherwise for establishing, exercising or defending legal rights and/or for administering justice.
I Use Your Information To
I do not use automated decision-making in the processing of your personal data.
I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:
I May Share Your Personal Data With:
Transfers To Third Countries & International Organisations
I do not transfer any personal data to third countries or international organisations.
Retention
I retain your personal data while you remain a client and for as long as in necessary for me to meet my legal and professional obligations. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held.
Your Rights
The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask me to correct any inaccuracies with the personal data I hold, you can ask me to stop sending you direct mail, or emails, or in some circumstances ask me to stop processing your details.
Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website and this is the organisation that you can complain to if you are unhappy with how I dealt with you.
Accessing & Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me in writing at my registered address.
Marketing Opt-Outs
You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.
Cookies
Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. The Chambers website use cookies to:
I May Update My Privacy Notice
When I make significant changes, I will publish the updated notice on my website profile.
Updated: 01/11/2022
She is a force of nature who owns every room she walks into. She is brilliant on her feet and excellent with clients.
I am really impressed with her. She knows her stuff very well and has a collaborative approach.
She takes on and wins cases that others might not take on; she takes on cases that are on the right side of the borderline, and she does a really good job on them.
She is really good at what she does, and her approach to cases fits in with my approach well.
Emma-Jane Hobbs looks at non-legal points and gives very sensible and practical advice.
Emma-Jane Hobbs is a very experienced practitioner who began her career doing a broad range of general common law work and has specialised in personal injury and insurance litigation for over twenty years now.
Emma-Jane also does clinical negligence work, motor insurance fraud and costs work. She has considerable experience of cases involving fundamental dishonesty and related costs arguments and consequences. Emma-Jane also has appreciable inquest experience, which dovetails well with her personal injury and clinical negligence practices.
Emma-Jane specialises in personal injury and maintains a good balance between representing both Claimants and Defendants / insurance companies, which provides helpful insight into both sides’ arguments. She has invaluable experience of assessing the strengths and weaknesses of both sides’ cases and evaluating the likely outcome of litigation at an early stage. She is instructed regularly by some of the leading claimant and defendant solicitors.
Emma-Jane undertakes almost all kinds of personal injury work and is well versed in high value, catastrophic and complex injury claims, including injuries involving brain and spinal damage, chronic or complex regional pain, and secondary victim, psychiatric injury claims. She has particular experience and specialism in fatal accident claims, including those with complicated dependency claims.
In the Claimant context, Emma-Jane is adept at dealing with anxious and often vulnerable clients with compassion and empathy, balancing careful handling of complex and sensitive matters in a collaborative manner with a view to adding value to the claim, with giving realistic and firm advice when necessary. Often, her early involvement in claims, advice about appropriate expert evidence and detailed and well-thought-out schedules, combined with a well-pitched Part 36 offer, results in settlement of high value claims being achieved within the limitation period, avoiding the need for litigation.
In the Defendant context, Emma-Jane is instructed regularly by large insurance companies to advise on liability, evidence, contributory negligence, causation, quantum and tactics, employing the full range of resources available to a defendant insurer defending a high value personal injury claim, as well as running cases to trial. She is often instructed to draft detailed and robust counter-schedules in high value claims and advises on myriad issues, maintaining both tactical and commercial awareness.
Emma-Jane has wide ranging experience of dealing with complex, high value claims involving extensive documentation and multiple experts. She enjoys working collaboratively with her instructing solicitors and clients to achieve excellent outcomes.
She is well versed in costs arguments and is regularly instructed to attend costs and case management conferences.
Emma-Jane believes that ADR is beneficial to both sides and regularly attends mediations and joint settlement meetings, where her practical, straightforward yet robust negotiating skills ensure that her clients obtain a favourable outcome.
Emma-Jane’s practice in this area complements her personal injury practice. Her experience covers a broad variety of cases including claims against cosmetic surgeons, dental and general practitioners, NHS Hospital Trusts as well as fatal accident cases; for example, misdiagnosed DVT leading to cardiac arrest and death, and delayed cancer diagnoses leading to premature death.
Her experience in this area includes inquests and she has represented parties in fatal accident clinical negligence cases from the inquest through to trial or settlement. She is compassionate and empathetic when dealing with clients.
Current instructions include acting for Claimants (the executors of the Estate of the deceased) in a fatal accident case involving a delayed lung cancer diagnosis, which involves a significant number of dependants and complicated dependency claims.
Emma-Jane works exclusively for Defendant insurance companies in this area. She has significant experience of all aspects of motor insurance fraud including drafting detailed and analytical pleadings; advising and representing Defendants in cases involving fraud rings; staged and fabricated accidents; exaggerated or fundamentally dishonest claims; cases involving telematics; and bogus credit hire claims.
In cases where fraud is suspected or alleged, she regularly advises insurers in relation to tactics, including making applications to strike-out claims as an abuse of process, setting aside QOCS, and appropriate applications for costs when there has been late discontinuance of a claim.
Emma-Jane also has experience of recovery and enforcement actions, insurers’ claims for exemplary damages against fraudulent Claimants, and committal proceedings.
Emma-Jane’s experience of coronial hearings complements her personal injury and clinical negligence practices.
She has represented interested parties at inquests following which a Regulation 28 Report to prevent future deaths has led to important policy change. For example, Emma-Jane represented the family of a 2-year-old boy who died as a consequence of an infection despite having been seen by several medical professionals in the days before his death. Ultimately, he was brought into Northwick Park Hospital Accident & Emergency reception and redirected to the GP led Urgent Care Centre where he was triaged and seen by a GP who, after examining him, sent him home without appropriate advice. The paediatric expert would have admitted him when he attended A & E, whereas the GP would not have sought to ask for him to be admitted, which reflected a lower threshold for admission for paediatric cases by paediatricians. Had he been admitted, he would have been recognised as seriously unwell earlier and would not have died when he did.
Following the Coroner’s Regulation 28 Report, there was a change to the paediatric referral pathway delivered at the Urgent Care Centre at Northwick Park Hospital, whereby a child under the age of 5 years that presents to the UCC having already accessed healthcare services on 2 or more occasions over a 5-day period will instigate a referral for paediatric review, with a view to preventing similar, avoidable deaths in future.
Emma-Jane has past experience of public inquiries, having been instructed as junior counsel by the HSE in the Ladbroke Grove Rail Inquiry.
Andrew Prynne KC & Emma-Jane Hobbs were instructed by DWF on this matter before QB HH Judge Graham Wood KC sitting as a judge of the High Court: Highways Act claim.
Read more
Welcome to the inaugural edition of the TGC Personal Injury newsletter.
Welcome to the third issue of the TGC Clinical Negligence Newsletter. The last six months have seen a steady stream of important decisions with direct or indirect implications for medical negligence practitioners. There has been some disappointment at the initial…
Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I will take all reasonable steps to protect your personal information. I will do all that I reasonably can to ensure I do not infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you, how it is used and shared, and your rights regarding it.
Data Controller
I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, Temple, London, EC4Y 9DA and my registration number is ZA032476.
Data Collection
All of the information that I hold about you is provided to me or gathered solely in the course of and for the purposes of your case, proceedings or any related matter.
Lawful Basis For Processing Your Information
The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:
Examples Of Legitimate Interests
My Lawful Basis is Legitimate Interest namely the provision of professional services to you and the proper exercise of my professional obligations and responsibilities. My Lawful Bases may also include: consent and/or performance of a contract with you or steps to enter a contract with you and/or compliance with a legal obligation. In so far as I process sensitive personal data that is necessary in relation to legal proceedings and/or obtaining legal advice and/or otherwise for establishing, exercising or defending legal rights and/or for administering justice.
I Use Your Information To
I do not use automated decision-making in the processing of your personal data.
I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:
I May Share Your Personal Data With:
Transfers To Third Countries & International Organisations
I do not transfer any personal data to third countries or international organisations.
Retention
I retain your personal data while you remain a client and for as long as in necessary for me to meet my legal and professional obligations. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held.
Your Rights
The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask me to correct any inaccuracies with the personal data I hold, you can ask me to stop sending you direct mail, or emails, or in some circumstances ask me to stop processing your details.
Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website and this is the organisation that you can complain to if you are unhappy with how I dealt with you.
Accessing & Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me in writing at my registered address.
Marketing Opt-Outs
You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.
Cookies
Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. The Chambers website use cookies to:
I May Update My Privacy Notice
When I make significant changes, I will publish the updated notice on my website profile.
Updated: 01/11/2022
Temple Garden Chambers
About Us
Contact Details
London
Temple Garden Chambers
1 Harcourt Buildings
Temple
London
EC4Y 9DA
DX: 382 London Chancery Lane
Phone: +44 (0)20 7583 1315
Email: clerks@tgchambers.com
The Hague
Temple Garden Chambers
Lange Voorhout 82
2514 EJ The Hague
Netherlands
Phone: +44 (0)20 7583 1315
Email: tgchague@tgchambers.com
© Temple Garden Chambers. All Rights Reserved.
Barristers regulated by the Bar Standards Board.
London
Temple Garden Chambers
1 Harcourt Buildings
Temple
London
EC4Y 9DA
DX: 382 London Chancery Lane
Phone: +44 (0)20 7583 1315
Email: clerks@tgchambers.com
The Hague
Temple Garden Chambers
Lange Voorhout 82
2514 EJ The Hague
Netherlands
Phone: +44 (0)20 7583 1315
Email: tgchague@tgchambers.com
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