The clinical negligence team at 39 Essex Chambers comprises leading practitioners who are recognised for their expertise in advocacy and advice in the most complex clinical negligence cases. Our barristers have extensive medical and scientific knowledge about every stage of the care process. A number of our barristers joined the Bar from medical or other healthcare backgrounds. This rich vein of combined knowledge enables our members to cover areas such as:

• Diagnostic failure• Negligent prescription and administration of drugs• Post-traumatic paramedical care• Pre-surgical care• Anaesthesia• Post-operative care• Unusual/sensitive consent to treatment• Issues related to the scope of NHSLA and private indemnity coverage

Our clients range from injured or aggrieved claimants to small or major multinational companies, healthcare insurers, defence organisations (such as the NHSLA), and other government bodies.

Barristers at 39 Essex Chambers are instructed in the full range of claims associated with clinical negligence cases from minor injuries to complex litigation arising from catastrophic injury and death. Our experience covers the whole range of issues in claims. Our barristers have particular expertise in the assessment of quantum in very high value cases, the use of periodical payments and ASHE 6115.

CLINICAL NEGLIGENCE TEAM

Our barristers have in-depth knowledge of the full range of medical and other healthcare practices including:

• Obstetrics, paediatrics and maternity care, especially in relation to high-value catastrophic birth injuries• Cosmetic surgery• Dental surgery• Hospital medical and surgical specialities• General practice• Other healthcare professions such as nursing, midwifery and psychology

The issues surrounding clinical negligence claims extend beyond civil litigation into related areas in which our barristers also have vast experience. These include:

• Court of Protection• Healthcare regulation• Human rights• Inquests• Judicial review• Public inquiries• Product liability

Key Contacts:

ALASTAIR DAVIDSONSenior Clerkalastair.davidson@39essex.com Tel: 020 7832 1181

BEN SUNDBORGSenior Practice Managerben.sundborg@39essex.comTel: 020 7832 1179

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MATTHIAS KELLY QC(Call 1979, Silk 1999)

Matthias is well known for his expertise in the fields of clinical negligence and related professional negligence. He is a former Chairman of the Personal

Injury Bar Association. He was Chairman of the Hepatitis C Working Party established by the Haemophilia Society in September 2001, to devise costed proposals for a financial assistance fund to recognise the loss and suffering of people with haemophilia resulting from their infection with hepatitis C (HCV). His recent experience includes: symphysiotomy, limitation, liability for a post caesarean operation; whether trauma can lead to the onset of MS; provision of Home Birth Services; forced administration of ECT; high level lower limb amputation; negligent intubation to allow TPN; meningococcal septicaemia, quadruple amputee.

SUSAN RODWAY QC(Call 1981, Silk 2002)

In the field of clinical negligence Susan has a formidable reputation. Many of her cases have resulted in landmark decisions or record awards

of damages. She acts mainly for claimants in cases involving catastrophic birth injuries, acquired brain damage, failures to diagnose and has extensive experience of Hospital Acquired Infections. She is now increasingly instructed by international claimants to pursue claims against health professionals in foreign jurisdictions. This is particularly the case in jurisdictions in which injured parties find it difficult to obtain expert witnesses willing to give evidence of poor practice. A current example is an action by a French national against a medical practitioner in Hong Kong.

AUGUSTUSULLSTEIN QC(Call 1970, Silk 1992)

Augustus has built up and maintained a wide ranging practice in a number of areas including clinical negligence, product

liability and professional negligence. He has been involved in a number of high-profile cases including successfully acting for the families of the victims of Dr Harold Shipman in Judicial Review of the Government’s refusal to hold a public inquiry; and litigation resulting from the activities of Nurse Beverley Allitt. He has long experience of multi-party actions, particularly in relation to pharmaceutical products, dating back to the Opren Litigation in 1989. Since then, he has been involved in the Myodil Litigation, LSD Litigation and the MMR Litigation.

NEIL BLOCK QC(Call 1981, Silk 2002)

Neil has been instructed in hundreds of cases acting on behalf of claimants, NHSLA, medical defence organisations, hospital trusts and health authorities

and professional insurers. These instructions have been in individual and in multi-party claims. The subject-matter has ranged from birth trauma, issues of consent, mis-diagnosis and wrong treatment and wrong prescriptions to product liability, failed hospital procedures such as sterilisation, PTSD claims by ambulancemen and paramedics. Neil has acted in claims involving almost every aspect of hospital care from relatively straightforward orthopaedic claims to genetics.

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CHRISTIAN DU CANN(Call 1982)

Christian has practised in clinical negligence claims for over 20 years. They form a significant part of his established medico-legal practice acting in the usual

areas associated with such claims: cerebral palsy, obstetric mismanagement, meningitis, maxillo-facial and cleft palate surgery, cardiac surgery, orthopaedic surgery (especially the upper limb), spinal surgery, and psychiatric management of patients. He is fully conversant with the required analysis of breach and causation elements in issues of liability, together with ready understanding of all quantum matters having been involved in high value claims often involving structured settlements of each type.

CHARLES CORY-WRIGHT QC(Call 1984, Silk 2006)

Charles has specialised in clinical negligence throughout his career. His work is evenly split between claimants and

defendants. Prior to taking silk in 2006 he was on the AG’s A Panel and dealt with many clinical negligence claims for the government, as well as for insurers, which he continues to do. Since then his work has been increasingly claimant catastrophic physical or psychiatric injury. He has a particular interest in secondary victims. He was Chair of the Personal Injuries Bar Association from 2012-14. His recent experience includes claims for breach of duty, failure to diagnose and rehabilitate an injury to a professional footballer, and secondary victim psychiatric injury.

VIKRAM SACHDEVA QC(Call 1998, Silk 2015)

Vikram is a qualified doctor who, after postgraduate qualifications in law, taught law at both Oxford and Cambridge. He took silk in 2015, at 17 years call.

Vikram has an exceptionally wide-ranging healthcare law practice in the Higher Courts, spanning judicial review, medical treatment, and clinical negligence, for both claimants and defendants.

SIMON EDWARDS (Call 1978)

Simon is a keen supporter of AvMA’s aims. He chaired the London pre Jackson conference. His clinical negligence work is exclusively for claimants.

He is currently involved in cases concerning a tragic maternal death, an above knee amputation following failure to monitor vascular integrity after a knee dislocation, brain damage resulting from failure to take a stroke victim to a specialist centre, amongst others.

COLIN MCCAUL QC (Call 1978, Silk 2003)

Colin practices extensively in the areas of clinical negligence and related areas being instructed predominantly by claimants.

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JUDITH AYLING(Call 1998)

Judith Ayling is regularly instructed in high-value clinical negligence cases, including complex birth injury, spinal injury and brain injury claims. Most

of her work is for defendants, though she also undertakes some claimant work. She regularly deals with cases worth over £1 million, often against a QC, and regularly involving highly technical scientific evidence. She has recently been led by Neil Block QC in complex litigation involving a breast cancer surgeon, a private hospital and an NHS Trust. She also has considerable experience of costs issues and disputes arising out of clinical negligence claims, for both claimants and defendants, including costs and case management hearings, detailed assessment, and complex funding questions. She is on the Executive Committee of the Personal Injury Bar Association and has been an editor of Cordery on Solicitors.

EMILY FORMBY (Call 1993)

Emily carries out a wide range of clinical negligence work representing both claimants and defendants. Instructions include missed and failed diagnosis claims,

birth trauma and catastrophic injury at birth, hospital acquired infections, wrong treatment, failed or missed procedures and delayed response and ambulance claims.

JAMES TODD(Call 1990)

James is approved to work on the NHSLA list to handle all types of high value/catastrophic clinical negligence claims including cerebral palsy/birth-acquired

injury, wrongful birth, mis- and late-diagnosis and claims involving failed operative procedures. He is instructed by Bevan Brittan, Capsticks, DAC Beachcroft, Hempsons and Weightmans on a regular basis and he also acts for claimants.

DAVID BRADLY (Call 1987)

David acts for both claimants and defendants (including hospital trusts and general medical practitioners) in clinical negligence actions and

fatal accident claims arising out of medical advice and treatment. His cases have included wrongful birth, injuries at birth (including cerebral palsy and shoulder dystocia and injuries to the mother at caesarean section), brain injury (including catastrophic injuries), product liability (relating to the early HIV treatment AZT), failures in diagnosis and misdiagnosis, and have arisen out of the acts and omissions of doctors, nurses, dentists and physiotherapists. This expertise is complemented by the health sector regulatory work described below. David has represented families, hospitals and practitioners at inquests. In 2005 he appeared on behalf of relatives in the inquest held by Sir Richard Rougier sitting as a Deputy Coroner into the deaths of 11 dementia patients at Kingsway Hospital, Derby.

BERNARD DOHERTY (Call 1990)

Bernard’s clinical negligence practice includes wrongful birth and informed consent cases. He also has experience in large scale and group litigation.

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ROMILLY CUMMERSON(Call 1998)

Romilly has wide experience of claims concerning all branches of the medical professions. She has represented claimants, individual medical

professionals, the NHSLA, and professional insurers in cases involving issues of consent, surgical errors, misdiagnosis, delayed diagnosis, product liability, provision of inadequate facilities and/or nursing care and neglect. She has represented families, medical professionals and manufacturers of medical equipment at inquests.

NICOLA GREANEY(Call 1999)

Nicola is instructed in cases acting on behalf of claimants and defendants. The subject matters have included issues of consent, wrong treatment,

misdiagnosis, medical trials and cosmetic surgery. Nicola has worked with Leading Counsel on catastrophic birth injury cases and was instructed as a junior in the group litigation brought by opiate dependent prisoners against the government. Nicola has recently been working on cases involving spinal injuries and cauda equina, MRSA and MSSA infections, stroke caused by warfarin overdose as well as surgery/post-operative care leading to compartment syndrome. She is acting for claimants in cases concerning allegations of negligent care/treatment in a nursing home and negligent discharge from psychiatric services leading to suicide. She has successfully defended a claim in the High Court that a neonatologist negligently inserted an arterial line in a neonate (Etienne v Chelsea and Westminster Hospital 2014, Mitting J). She was junior counsel in a recent large quantum trial: Robshaw v United Lincolnshire Hospitals (2015, Foskett J).

CAMILLA CHURCH (Call 1998)

Camilla is a specialist personal injury and clinical negligence practitioner. She has been led in clinical negligence claims of the utmost severity and acted

alone in a wide range of claims including failed diagnoses of cancer, negligent surgery and battery/sexual assault by a general practitioner. She has represented families and defendants at inquests. She is currently instructed by the NHSLA as junior counsel in the metal on metal hips group litigation and as a junior on behalf of the defendant surgeon in respect of a group of breast surgery claims.

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CAROLINE ALLEN (Call 2005)

Caroline has a rapidly expanding clinical negligence practice and is regularly instructed on behalf of both claimants and the NHSLA. Her

recent caseload includes a successful claim for negligent anaesthetic treatment during gastroscopy, claims arising out of gastroenterological surgery and nursing care in respect of a sectioned patient and dental surgery.

ROBERT LAZARUS(Call 2004)

Robert has a substantial clinical negligence practice acting in cases involving a whole range of differing hospital specialities as well as cases involving dentists,

psychologists and therapists. His experience encompasses a wide range of cases including high value, multi-million pound, disputes in respect of both liability and quantum. He also regularly appears in inquests involving significant and complex issues of clinical negligence.In addition to his clinical negligence practice, Robert is regularly instructed in healthcare disciplinary matters and has appeared before the General Medical Council (‘GMC’), the Health and Care Professions Council (‘HCPC’), the United Kingdom Council for Psychotherapy (‘UKCP’), the British Association of Counsellors and Psychotherapists (‘BACP’), and a number of smaller mental health regulators. Robert sits as an independent chair for NHS Doctors’ and Dentists’ Disciplinary Appeal Hearings. He is also the honorary legal advisor to the ethics committee of the British Psychoanalytic Society. Before being called to the Bar, Robert practised medicine to the level of NHS consultant and worked as a medico-legal adviser.

SADIE CRAPPER(Call 2004)

Sadie has experience across a range of clinical negligence cases including those involving delayed or incorrect diagnosis, obstetrics including claims

arising from failed terminations and stillbirths, and plastic surgery. Sadie is able to navigate difficult issues with compassion and brings an attention to detail to her cases which can sometimes mean the difference between success and failure. Sadie enjoys the quantification of claims and works flexibly to ensure the best outcome for her clients. In court, Sadie is a confident advocate and a skilful cross-examiner who puts her clients at ease. Her recent experience includes failure to detect an ectopic pregnancy when ultrasound scans were performed before a termination of pregnancy; failure to diagnose a post-operative haematoma which resulted in permanent nerve damage; failed rhinoplasty and breast augmentation.

KATHARINE SCOTT(Call 2000)

Katharine advises and represents both claimants and defendants in all types of clinical negligence disputes. She has a particular expertise in those cases that include

a human rights claim, typically breaches of articles 2 and 3 of the European Convention on Human Rights. In addition she represents properly interested persons at Inquests arising from deaths in hospital or as a result of medical treatment. She also practises in the related areas of personal injury and medical treatment cases in the Court of Protection. She has recently been instructed in a number of cases including a very complex claim arising from the negligent performance of a RHND and subsequent negligent treatment (over a number of months) of complications arising from the RHND; a claim for negligent treatment of the decline in her mental health which led to her carrying out a serious assault on a member of her family; a claim for negligent assessment of the claimant’s mental health by a mental health nurse and psychiatrist and for a breach of the claimant’s article 2 rights arising from his subsequent suicide.

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ANGELA RAINEY(Call 2009)

Angela undertakes a broad range of clinical negligence work, including high value and complex cases. She appears in the county courts and in the High

Court, and is regularly instructed to draft proceedings and to provide advice on behalf of both claimants and defendants. Angela also frequently appears in the Coroner’s Court at inquests.

QUINTIN FRASER (Call 2006)

Quintin has a growing clinical negligence practice, and regularly represents the NHSLA and private hospitals (and the practitioners within

them). He has a wide range of experience in claims involving orthopaedic operations, abdominoplasties, post-surgery management (with a focus on infection control), late diagnosis and informed consent. He has participated in the defence of high value cerebral palsy cases.

ALEXIS HEARNDEN(Call 2005)

Alexis regularly appears in multi track clinical negligence trials, and Coroner’s inquests. Her recent experience includes advising and drafting

statements of case in a claim where it was alleged that a GP failed to diagnose a DVT, advising in a potential claim involving difficult issues as to causation where the two experts (and pathologist) differ on the cause of death in hospital, advising on quantum in a case involving orthopaedic injuries sustained by a baby during delivery, and acting for the claimant in a successful claim concerning negligent anaesthesia during a hysterectomy.

EDMUND TOWNSEND (Call 2006)

Edmund undertakes clinical negligence work and has recent experience of matters involving oncologists, optometrists, ophthalmologists,

orthopaedic consultants and General Practitioners including matters such as delayed diagnosis, surgical errors and failure to provide aftercare.

LONDON81 Chancery Lane, London WC2A 1DDTel: +44 (0)20 7832 1111Fax: +44 (0)20 7353 3978

MANCHESTER82 King Street, Manchester M2 4WQTel: +44 (0)16 1870 0333Fax: +44 (0)20 7353 3978

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KUALA LUMPUR#02-9, Bangunan Sulaiman,Jalan Sultan Hishamuddin50000 Kuala Lumpur, MalaysiaTel: +(60)32 271 1085

clerks@39essex.com • DX: London/Chancery Lane 298 • 39essex.com

Chief Executive and Director of Clerking: David BarnesSenior Clerks: Alastair Davidson and Michael Kaplan

39 Essex Chambers is an equal opportunities employer.

39 Essex Chambers LLP is a governance and holding entity and a limited liability partnership registered in England and Wales (registered number 0C360005) with its registered office at 39 Essex Street, London WC2R 3AT.

39 Essex Chambers’ members provide legal and advocacy services as independent, self-employed barristers and no entity connected with 39 Essex Chambers provides any legal services. 39 Essex Chambers (Services) Limited manages the administrative, operational and support functions of Chambers and is a company incorporated in England and Wales (company number 7385894) with its registered office at 39 Essex Street, London WC2R 3AT.

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ALASTAIR DAVIDSONSenior Clerkalastair.davidson@39essex.com Tel: 020 7832 1181

BEN SUNDBORGSenior Practice Managerben.sundborg@39essex.comTel: 020 7832 1179

NICOLA KOHN(Call 2012)

Nicola accepts instructions in a broad range of common law matters and acts for both claimants and defendants in fast and multi track cases in the

High Court and County Courts. Nicola also drafts pleadings and advises on liability and quantum, and has experience of the use of surveillance in proceedings. Nicola assisted Charles Cory-Wright QC with his Court of Appeal case Taylor v A Novo [2013] EWCA Civ 194, a case concerning whether secondary victims can recover damages for the shock of witnessing a loved one’s death a number of weeks after the initial injury was sustained. Nicola also has been instructed in a number of clinical negligence claims covering issues including material contribution and potential fraud. She has significant experience of drafting high-value schedules, counter-schedules and defences for the more senior members of chambers. At the beginning of her tenancy, Nicola spent several months working in-house at Capsticks law firm as part of the Inquests Team, where she gained first-hand experience of handling clinical negligence claims from the very start of the litigation process.

EMMA CORKILL(Call 2010)

Emma is an experienced and confident advocate who appears regularly in Court. Emma acts for both Claimants and Defendants in clinical

negligence cases and is regularly instructed by the NHSLA, private insurance companies and medical defence organisations. Emma accepts instructions in all medical malpractice claims including: Plastic surgery; optician, optometrist and ophthalmologist; incorrect and delay in diagnosis; negligent treatment claims; negligent post-operative care claims; prescription of incorrect drugs claims; and birth injury claims.