Recent Personal Injury & Clinical Negligence Cases
LATEST NEWS - 3PB expands Personal Injury team
8th May 2017
3PB has strengthened its rapidly expanding Personal Injury team with the addition of James Trumble and Luke Ashby.
The duo join a 38-strong personal injury ... read more
Personal Injury - Western (Bar) - Band 1
Mark Lomas is recognised for his expertise by the Chambers & Partners UK Bar Directory 2017.
Has a broad skill set encompassing industrial disease, occupiers' liability, historic sex abuse and employers' liability claims. He is adept at handling cases involving fatal accidents and catastrophic injuries.
Strengths: "A superb advocate with meticulous attention to detail." "He is extremely good at analysing complex issues."
Recent work: Acted for the claimant, who had suffered a serious brain injury, in an RTA claim.
Clinical Negligence – Western (Bar) – Band 2 Set
This London set offers a network across England, and has a sizeable group operating on the Western Circuit. Its members undertake complex clinical negligence claims, and are experienced in both NHS and private healthcare matters. They are routinely instructed on behalf a range of clients including those who lack capacity, children and families of the deceased.
Client service: "An excellent service; we can always talk to them." "They have a really good set of clerks who are very user-friendly." Mark Heath acts as chambers director.
Hamish Dunlop – Band 1
Recognised for his approach to complex cases, he demonstrates particular expertise in handling cauda equina matters. He provides additional support on care and housing requirements, as well as on dependency claims.
Strengths: "He is very thorough and approachable." "His real strength is in the testing of evidence. He can focus on factual evidence and chronology very well."
Mark Lomas – Band 2
Focuses on representing claimants in a wide range of maximum severity cases including those relating to catastrophic injury. His practice covers the London Bar and Western Circuit. He routinely acts in surgical negligence matters and delay in diagnoses. In addition, he is adept at dental claims.
Strengths: "Excellent with clients and experts." "He's exceptional at what he does due to his experience over the years. He instils a great deal of confidence in the clients."
Recent work: Successfully acted for a claimant in connection with a claim for negligent shoulder surgery leading to four revision procedures and permanent restriction of function.
Louis Weston – Band 2
A highly experienced barrister practising across the London Bar and Western Circuit. He handles a range of clinical negligence claims including those relating to delayed diagnoses and cosmetic surgery. He also acts in cases concerning negligent veterinary treatment and veterinary products.
Recent work: Acted for a claimant in a matter concerning the mismanagement of delivery.
3PB is a London set with a Western Circuit reach, providing London counsel at a local level. The team has experience across the full range of clinical negligence issues, and particular expertise in both NHS and private practice matters. Members are frequently instructed to bring claims on behalf of children, individuals who lack capacity and representatives of the deceased. Sources say it is "one of the leading sets in the South West area."
Client service: "The clerking is very efficient and very friendly. They always deal with queries very promptly, manage their diaries really well and resolve issues without any problems." Mark Heath acts as chambers director.
Has a strong practice focus on clinical negligence work, with complementary experience in the related areas of care and housing requirements for the afflicted. He particularly specialises in dependency claims being brought by spouses, children and partners.
Strengths: "His strengths are the way he handles sensitive clients with serious injuries, emotional clients, and his technical ability." "His attention to detail, responsiveness and client care are the best of the best."
An experienced practitioner whose practice includes clinical negligence and personal injury. He practises across both the London Bar and Western Circuit on behalf of both claimants and defendants. He is frequently instructed to handle matters dealing with the most serious harm, including fatal accidents and catastrophic injury.
Strengths: "Silk material. He is very bright, gives clear advice to his clients and in conference is very good at understanding the key issues in the case without getting bogged down. He's also very good on his feet and is a very solid advocate."
Well regarded by his peers as an analytical lawyer with a powerful court presence. He splits his practice between the London Bar and Western Circuit, and has experience in the complementary area of product liability including involvement in the recent PIP breast implant scandal. His expertise includes handling litigation related to veterinary negligence and defective veterinary products.
Strengths: "A larger than life character who is really impressive. He has the ability to digest years of litigation and filings into his brain very quickly." "A good overall barrister who is good on his feet."
The chambers is praised for the high quality of its individual counsel, with whom solicitors enjoy strong working relationships. The set covers the full range of clinical negligence work, receiving frequent instructions on cases concerning complex injuries. 3PB's members act on behalf of a range of clients, including healthcare providers, individual medical practitioners and individual claimants.
Undertakes a wide range of work, with proficiency in cases relating to accommodation needs and lifetime care. In addition, he specialises in dependency claims brought forward by partners and children.
Expertise: "He's extremely user-friendly and clicks very well with clients."
Has a broad clinical negligence practice which includes dental and therapy work. The range of his work covers minor to catastrophic injuries, and fatalities.
Expertise: "He is extremely thorough and works very hard." "He has a very good turnaround time and is highly responsive."
Recent work: He successfully settled a case where the claimant acquired shoulder dystonia due to negligent medical care at birth.
Has established an interesting niche in veterinary surgery cases alongside his general clinical negligence caseload. He is chiefly noted in this area for his work on behalf of doctors, surgeons and other individual healthcare professionals.
Expertise: "He is extremely able and extremely effective in everything that he does - he never disappoints."
Chambers & Partners UK: Clinical Negligence - Western (Bar)
3PB exhibits an impressive set of barristers at the Western Bar, as well as offering a network of locations including Bristol, London and Winchester. The set has a broad practice, but has a particular aptitude for complex medical negligence claims. The set is known to “acquire and keep talented people” whilst being “friendly” and “extraordinarily helpful.”
Client service: “The clerking is absolutely spot-on.” “The clerks are proactive and easy to work with.”
Chambers & Partners UK Bar Guide 2014
REGIONAL BAR: Western Circuit
Personal injury and clinical negligence – Leading juniors
Hamish Dunlop - He has excellent rapport with clients and is truly knowledgeable in the complex field of financial remedy.
Colin McDevitt - Brilliant at absorbing lots of detail and cutting to the main points.
Louis Weston - He has a good brain with excellent technical knowledge.
Mark Lomas - Extremely bright, professional and very good with clients.
Duncan McNair - He provides excellent paperwork, advice and exceptional advocacy skills.
Richard Tyson - He presents cases with great skill and sensitivity.
Legal 500 Bar Directory – Rankings For 2015
Recommendations and Quotes
REGIONAL BAR: Western Circuit
Personal injury and clinical negligence – Leading juniors
Hamish Dunlop - He has a fantastic rapport with clients and really knows his stuff
Colin McDevitt - He understands the law and the needs of the client alike
Mark Lomas - Meticulous and responsive
Duncan McNair - Always efficient and helpful
Richard Tyson - He has excellent client communication skills
Legal 500 Bar Directory – Rankings For 2014
Recommendations and Quotes
REGIONAL BAR: SOUTH EASTERN CIRCUIT
Ranked as a leading set Tier 2 in the South Eastern circuit
PERSONAL INJURY AND CLINICAL NEGLIGENCE
3PB has a solid all-round reputation for personal injury and clinical negligence.
Duncan McNair - ‘Unflinching in the face of difficult issues.’
REGIONAL BAR: WESTERN CIRCUIT
Ranked as a leading set Tier 2 in the Western Circuit
PERSONAL INJURY AND CLINICAL NEGLIGENCE - LEADING JUNIORS
3PB’s personal injury team is experienced in advising claimants and defendants. Areas of expertise include fatal accidents, occupiers’ liability and employers’ liability matters. The clinical negligence team acts for children, individuals who lack capacity and representatives of the deceased.
Hamish Dunlop - 3PB ‘Highly skilled in respect of pleadings, court presence and dealing with experts.’
Mark Lomas - 3PB ‘Pragmatic and thorough.’
Colin McDevitt - 3PB ‘Down to earth and personable.’
Richard Tyson - 3PB ‘A clinical negligence specialist who principally represents claimants in cases involving severe injuries.’
REGULATORY, HEALTH AND SAFETY, AND LICENSING
3PB’s regulatory team has notable experience in prosecuting and defending matters brought by the HSE and numerous local authorities. The workload spans issues such as trading standards, animal welfare, consumer protection and food safety. Healthcare and sports law are areas of niche expertise. 3PB’s regulatory team has notable experience in prosecuting and defending matters brought by the HSE and numerous local authorities. The workload spans issues such as trading standards, animal welfare, consumer protection and food safety. Healthcare and sports law are areas of niche expertise.
Richard Tyson - 3PB ‘A significant part of his practice involves prosecuting on behalf of the General Medical Council.’
Louis Weston - 3PB ‘He has a notable sports regulatory practice.’ and ‘Respected by all and a pleasure to work with.'
A (a child) v Jersey 
Acting for the infant claimant who was born 3 months after her father’s death from pituitary adenoma at the age of 29 years. The dependency claim on behalf of the child arose out of the negligence of an ophthalmologist who failed to diagnose the deceased’s condition. High value claim.
AH v Hampshire Partnership NHS Trust (2006)
(liability of Defendants for failure to prevent suicide of patient - Fatal Accidents Act claim on behalf of daughter)
Akers v Heald and the MIB The Times 14 January 2003 CA
B v Royal Bournemouth Hospital 
An administrative failure led to a 6 month delay in the claimant undergoing a hysterectomy which resulted in an aggressive cancer significantly reducing the claimant’s 5 year survival rate. The defendant disputed causation and quantum before the claim was compromised.
Brennan v Eco Composting Ltd  EWHC 3153 (QB)
(severely head-injured Claimant - short life expectancy - entitlement to interest on Part 36 Payment upon settlement of claim)
C v Harley Medical Group 
Acting for the claimant who underwent a breast reduction procedure in the absence of a warning as to the risks of fat necrosis if the claimant did not lose weight. The procedure resulted in fat necrosis and infection which required 4 further operations to debride the wounds, close of the wounds and cosmetically revise the scars. The claimant suffered pain, distress and anxiety.
Cook v Kurwa and Turner (2007)
Claim against treating clinicians alleging late diagnosis of malignant tumour.
CR v Midland Bank plc (2003) CA
(liability of employer for tripping accident - foot injury leading to Chronic Regional Pain Syndrome in leg and arm)
Davies v Bunney 
Acting for the passenger in a car who suffered serious injury when the driver lost control on black ice. The claimant suffered significant injuries to his chest, lungs and spine. He was kept in hospital for 17 days. There was a substantial dispute on liability. The claim was compromised shortly before trial.
Eagle v Chambers (No 1)  RTR 9 CA
Eagle v Chambers (No 2)  1WLR 3081 CA
Evans v Oxford Radcliffe Hospital (2007)
Suing on behalf of a widow (and executrix) for the death of her husband. Claim alleged negligence in the course of operative procedure to treat an aneurysm.
F v S  -
Acting for the claimant widow and other minor dependents following the death of her husband in a road accident. The claim was complicated by related nervous shock claims for the widow and another dependant and the fact that the widow suffered significant disability in respect of which the husband had been her main carer. The claim was compromised prior to trial in a seven figure sum.
Fellows v John Werrell & Sons (2004):
Junior in High Court action arising out of an accident at work. Case involved a cauda equina lesion; life-long severe disability;
G v C  -
Acting (as junior counsel) for the claimant crew member of a passenger liner in relation to personal injury (principally psychiatric) sustained in an attack by Somali pirates off the east coast of Africa. The claim gave rise to difficult issues of breach of duty, causation and quantum and was successfully compromised in advance of trial.
G v Southampton and South West Hampshire HA (2002) 67 BMLR 1 CA
(clinical negligence - brain surgery - liability of consultant anaesthetist)
Greene v O’Shea 
A High Court claim in which Colin acted for the claimant who fell 18 feet from a ladder inside a lift shaft that was being constructed. He suffered a brain and orthopaedic injuries causing cognitive, psychiatric and physical symptoms. There were issues of contributory negligence, causation and quantum. Each side instructed 5 experts to deal with the myriad of injuries. Extensive past and future losses were claimed and the parties attended procedural hearings and a joint settlement meeting. The claim was successfully compromised.
Harland & Woolf plc and Another v McIntyre  1 WLR 2577 -
A claim for damages on behalf of the estate and dependent wife of a husband who died from mesothelioma. Damages at 98% of the scheduled claims were recovered at trial. The defendant's appeal as to the entitlement to a dependency upon a savings/pension fund paid out to the deceased very shortly before his death was successfully opposed. The Court of Appeal considered the effect of Section 4 of the Fatal Accidents Act 1976 in detail. Acting as sole counsel at trial and junior counsel in the Court of Appeal.
Hirson v Zmudka 
Colin acted for the claimant who was injured in an accident which damaged her spine and caused psychiatric symptoms. The claim involved detailed analysis of video surveillance evidence in respect of the significance of which the experts disagreed. Significant damages were claimed and the claim was successfully compromised at a joint settlement meeting.
Jameson v Central Electricity Generating Board  1 AC 455 HL
(mesothelioma - liability of concurrent tortfeasor in widow's claim under the Fatal Accidents Act - whether claim barred by terms of settlement of earlier action)
Kane v New Forest District Council  1 WLR 312 CA
(liability in negligence of local planning authority for requiring footpath to be constructed at a point on inside of dangerous bend - serious head injury)
Kenth v Heimdale Hotel Investments Ltd  TLR 3 July 2001 CA
(on acceleration of pre-existing back condition)
Kwumasi v Sarfo (2006);
RTA in which Claimant suffered significant spinal damage and rendered a paraplegic;
Langley v Harvey  -
Acting for the claimant ground worker, who injured his wrist in a motorcycle accident. A late, post-issue application by the defendant to withdraw an earlier admission of liability for the accident was successfully defended. The claimant sought substantial damages for loss of earnings from the wrist injury, through inability to carry out manual ground works. Issue arose as to the need for him to undertake manual work as he had become the proprietor of a successful civil engineering company and as to the correct assessment of his loss of earnings, taking into account operation of his business through a limited company and the fact that the majority of company profit was reinvested. The claimant was successful at trial. The defendant’s appeal was successfully compromised through Court of Appeal directed mediation.
Linton v Ayton  -
Acting for the claimant dependents and estate of a deceased mother of three daughters, coupled with claims for nervous shock by two of the daughters. The claim was complicated by uncertainty over the mother's separation from her husband and the fact that she was not working, leading to claims for dependency based upon state benefit entitlement. Substantial damages were recovered at trial, in excess of an earlier offer made by the defendant.
M (a child) v Bellemoor School 
Colin represented the 12 year old claimant student who was assaulted by a teacher while at school causing minor physical but significant psychological injury. He became isolated within his community and withdrew from religious and cultural activities. He became electively mute as a result of PTSD. There was a dispute as to causation and it was alleged that the claimant’s allegedly dysfunctional family had contributed to a large extent to his symptoms. Difficult claim to quantify given the effect on the claimant’s schooling.
P v C 
Acting for the claimant who underwent a breast-enhancing injection of hyaluronic acid. She claimed she did not give informed consent due to a failure to inform of the risks of the procedure and the lack of any “cooling off” period. The claimant developed encapsulated cysts which required remedial surgery. The claim involved allegations of tampering with medical records and allegations amounting to fraudulent non-payment for the procedure. The claim was compromised 2 weeks before trial.
Pitts v Hunt  1 QB 24 CA
(application of maxim ex turpi causa non oritur actio to road traffic claims - contributory negligence)
Roe v Novak and Manchester City Council The Times 27 November 1998 CA
S v W  -
Acting for the claimant construction worker, who suffered a through knee amputation following a construction site accident. The claim was complicated by a significant psychiatric injury. The claim was compromised prior to trial in a seven figure sum.
Sorensen v Royal United Hospital NHS Trust (2006)
Suing on behalf of a widow (and executrix) for the death of her husband. Claim alleged negligence in their treatment of him as his condition deteriorated from hypoxia and hypotension.
Stacey v Joint Mission Hospital Equipment Board The Times 5 November 2001
Staples v West Dorset District Council  93 LGR 536 CA
(on liability for a injured visitor to a public open space - the Cobb at Lyme Regis)
Timmings v Ministry of Defence (2007);
representing a soldier who suffered traumatic brain injury in an accident at work.
Vasey v Surrey Free Inns plc  PIQR 373 CA
(vicarious liability of employer for assault by nightclub doorman)
W v North West Strategic Health Authority (2007) QBD
(clinical negligence - failure to diagnose Claimant's spina bifida - claim settled for £3.4 million on conventional basis - final disposal adjourned pending appeal in Thompstone v Tameside and Glossop Acute Services NHS Trust)
Woodcock v Ministry of Defence (2005):
representing a soldier who suffered a serious brain injury while on manoeuvres in Kosovo;
X v Bedfordshire County Council & others: M v Newham LBC  2 AC 633 HL
(experts' immunity from suit amongst other issues)