We never forget that we are dealing with real lives and people who have suffered traumatic experiences.

Transcription

1 We never forget that we are dealing with real lives and people who have suffered traumatic experiences. Personal Injury Clinical Negligence

2 Devereux Chambers is home to some of the most respected personal injury practitioners in the capital. Robert Sowersby has a good analytical mind and a relaxed manner with clients. Richard Cartwright is a tough negotiator who always ensures that the client achieves a good settlement. Robert Glancy QC is a superb advocate on the top of his game. The brilliant and sensible Bruce Silvester, an expert on brain and spinal injury cases. Robert Weir produces advice on catastrophic injury work that is absolutely top-drawer. Katie Gollop can be charming and deadly she is very clever and wrong foots her opponent. Devereux Chambers provides an outstanding overall level of service. Robert Hunter s abilities and qualities add to the strength-indepth of Devereux Chambers our first choice for personal injury. Stephen Killalea QC is the personal injury silk of choice. Colin Mendoza is a good junior to go up against a silk.

3 WELCOME TO DEVEREUX CHAMBERS We provide top class personal injury and clinical negligence legal expertise to clients in England and Wales. approachable, professional and efficient. But more than that, we take pride in our friendly and approachable reputation. Our history is important to us. We have been a leader in representing injured people since our foundation 60 years ago. Solicitors come to us for our significant expertise in dealing with all types of accident and disease cases from the simplest traumas to the most complex catastrophic injuries. We never lose sight of the fact that we are dealing with real lives; people who have suffered traumatic experiences and often debilitating injuries. Fundamentally, we see it as our role not only to secure the highest possible compensation for the injured, but also to minimise the distress of the litigation process. At the core of everything we do are people. People who have been through and are often still going through a stressful experience. Our barristers help them through the legal process, and achieve the best possible outcome for them both financially and emotionally. 1

4 WHO WE ARE Devereux Chambers is one of the UK s top civil sets with 46 members, including 10 Queen s Counsel. Of these, 15 junior barristers and three Queen s Counsel practice in personal injury and clinical negligence. We are large enough to provide in depth expertise at all levels, but at the same time we take great care to provide a personal and sensitive approach to clients and their families. The advice and representation we provide is clear, practical and delivered in a way that is down-to-earth and unstuffy. We have enormous expertise in settling cases at joint settlement meetings and in mediation but first and foremost we are advocates, with recognised excellence in trial advocacy on both liability and quantum issues. We are strongly represented in Legal 500, Legal Experts and Chambers UK, not only in personal injury and clinical negligence, but also in commercial, employment, professional negligence, pensions, environment, health & safety, education, sports, tax and telecommunications. We regularly appear in leading cases and have written or co-written prominent practitioners texts in our specialist fields. We also write for legal publications and give lectures and seminars both externally and (with full Law Society accreditation) as part of Devereux Chambers own continuing education programme. home to some of the most respected personal injury practitioners in the capital. We are recognised not only for the legal expertise of our barristers, but also for our responsive and efficient approach. We maintain a strong focus on quality control, effective communication and a partnership approach to working with clients. 2

5 CASE STUDIES only prepared to accept the full amount Stephen Killalea QC has procedural knowledge, quality of advocacy and tactical awareness that are second to none. Colin Mendoza is a good junior to go up against a silk. HAROLD GORMLEY V. EAST CHESHIRE NHS TRUST Stephen Killalea QC and Colin Mendoza acted for the claimant in this clinical negligence case. Mr Gormley was a 78-year old man with severe learning difficulties when he was rendered paraplegic by the defendant s negligence. Liability was admitted and settlement approved on the basis of a lump sum and a contingent deferred periodical payment order. This guaranteed not only Mr Gormley s increased care costs, but also the preexisting residential care costs which had previously been paid by statutory funding. This novel approach met all Mr Gormley s needs, despite initial concerns that the complex mix of funding sources may have led to a shortfall in care costs. ARNUP V. MW WHITE LTD In this landmark case, in which Rob Weir acted for the claimant, the trial judge held that payments from a deathin-service benefit scheme established by the defendant employer were to be deducted from damages following a fatal accident. Mrs Arnup had brought the claim following the death of her husband in an accident at the premises of his employer, MW White, a waste paper merchant in Norfolk. The defendant admitted liability, but argued that payments made from the deathin-service scheme and a trust fund should be offset against the claimant s damages. We were not prepared to accept anything but the full amount for Mrs Arnup and an appeal was lodged against the decision at first instance. The Court of Appeal ruled in the claimant s favour on both payments and neither was deducted from her claim. 3

6 CASE STUDIES the nightclub eventually settled the claim COMPENSATION FOR STUDENT INJURED IN NIGHTCLUB CRUSH Sam Nicholls acted for the claimant. We were instructed by solicitors in Birmingham on behalf of a student at Newcastle University who sustained injuries at a Grab a grand promotional event in a nightclub. During the event, 1,000 was thrown on to the dance floor. As people surged forward, the claimant was crushed in the stampede. As well as minor physical injuries, she sustained psychological injuries. Of the three potential defendants (the nightclub, the promoter and the advertiser), the latter two had gone into liquidation, while we had no evidence that the nightclub itself had any prior knowledge of the event and was placing the blame firmly at the door of the promoter. Despite denying responsibility, after proceedings were issued the nightclub eventually settled the claim for 2,000. REPRESENTATION AT INQUESTS Rob Hunter represented the family of a deceased man at an Inquest. The Inquest was to investigate the deceased s treatment at the defendant s care home over several months before his death in hospital. Rob cross-examined the home manager, among others, exposing repeated errors in the calculation of the deceased s BMI and the failure to complete nutrition charts. The coroner recorded a death of natural causes contributed to by neglect, having accepted that neglect was the only verdict available. Bruce Silvester is brilliant and sensible. Rob Hunter s abilities and qualities add to the strength-indepth of Devereux Chambers our first choice for personal injury. 4

7 HOW WE WORK Devereux Chambers is a forward-looking and friendly set. Richard Cartwright is a tough negotiator who always ensures that the client achieves a good settlement. Robert Sowersby fights his corner in court, remaining impressively calm and unflappable at all times. We are noted for our calm professionalism as much as for our modern, welcoming ethos. Moreover, we go to great lengths to treat our clients with respect and dignity. As well as being experts in personal injury and clinical negligence law, we pride ourselves on our straightforward, down-to-earth approach to achieving the best possible results for injured people. We believe in a client-centred approach. We adopt a compassionate and sensitive attitude to injured people and their families. We take care to understand our lay clients and their differing needs, including the practical realities they face on a day-to-day basis. Our clients best interests are at the forefront of everything we do. The foundations of our excellence in client service are our intellectual ability and specialist knowledge combined with an approachable, open and enthusiastic way of working. We make sure we are easy to contact, whether via , telephone or in person and keep our clients fully informed at every stage of the claim. We strive to get it right first time, every time. We travel to claimants homes, to solicitors offices and to accident locations throughout England and Wales. Most of all, we invest time to ensure that we have a clear and comprehensive understanding of our cases. At the heart of what we do is our partnership approach and our commitment to dealing with every client on a personal, individual basis. Our ethos is to work as a team with solicitors and lay clients so that we can present every case at its absolute highest. 5

8 OUR EXPERTISE We are consistently listed in the top ten personal injury and clinical negligence sets by both the main legal directories. The personal injury and clinical negligence group, which includes three Queen s Counsel, covers all aspects of personal injury and clinical negligence legal work at the highest level, from serious road traffic accidents to multi-million pound catastrophic injuries. At the same time, our very strong team of juniors provides a complete service to solicitors in multi-track and fast track trials in courts up and down the country. Particular areas of strength include road traffic accidents, catastrophic injuries, especially head and spinal injuries, employers liability, occupational disease, occupiers liability, sports injuries, cases with jurisdictional complications, such as accidents on ships or accidents abroad, and multi-party actions. In clinical negligence, our wideranging expertise covers all areas from consent to limitation, from dental cases to birth injuries, from screening errors to failed sterilisations, and from assault to psychiatric injuries sustained by secondary victims. We act for publicly-funded clients as well as trade unions, and we undertake CFA work. The strength of Devereux Chambers in other related areas, such as our highly rated employment team, also enables us to provide incisive legal advice on cases involving overlapping areas, such as occupational stress and healthcare law. Robert Weir is scrupulous on detail and a razorsharp advocate. Our industrial injury work covers everything from off-shore rigs to mines, and includes accidents in factories, offices, construction sites, hospitals, educational premises, places of entertainment, and on farms. Our long-standing occupational diseases experience includes asbestos, asthma, deafness, dermatitis, vibration white finger and work related upper limb disorders. 6

9 CASE STUDIES a lump sum payment of over 1 million Robert Glancy QC is very personable and a pleasure to work with, pays great attention to detail and fights hard on the client s behalf. Katie Gollop is a dogged fighter, who will fight to the end when she is on your side. DOWLATSHAHI V. EAST AND NORTH HERTFORDSHIRE NHS TRUST Robert Glancy QC and Katie Gollop acted for the claimant in this infant settlement. The client, a healthy toddler, was rendered hemiplegic by the defendant s admitted negligence. The boy and his family subsequently moved to Dubai. We worked with the solicitor to make sure we fully understood the child s care needs and what sort of long-term support was required; obtaining the full picture involved recommending that the solicitor travel out to Dubai to gather evidence and see the situation at first hand. A settlement involving a lump sum payment of over 1 million and lifetime periodical payments from age 19 of 57,500 was approved. TAKING THE CLAIM TO THE CLIENT Miss W. suffered catastrophic injuries after being hit by a car in South Wales. She was left tetraplegic and could only communicate by blinking. The Devereux Chambers team of Stephen Killalea QC and Rob Weir visited Miss W. in Stoke Mandeville hospital, and again on a number of occasions in South Wales. When a round table meeting was proposed, we brought the defendants legal team down to the hospital for two days and settled the claim at Miss W. s bedside. 7

10 HOW TO INSTRUCT US We aim to provide responsive, flexible and timely legal advice of the highest quality, tailored to the needs of our clients. Our clerks are always willing to advise on the suitability and availability of Counsel, and to discuss fee structures, packages, budgeting and CFAs. We believe that our continued success is down to our high quality legal expertise and competitive rates, combined with our downto-earth, supportive approach to dealing with clients. This reflects the overriding ethos of Devereux Chambers putting the client first. We have a set of Client Service Principles to help us maintain the highest standards of service, and we are proud to hold BarMark, the quality mark for the Bar. Holding BarMark means that we also benefit from the Community Legal Service Quality Mark for chambers working in legal aid. If you d like further information about our expertise in personal injury and clinical negligence law, or about the way we work in general, please contact: Devereux Chambers Devereux Court London WC2R 3JH Tel Fax clerks@devchambers.co.uk Devereux Chambers provides an outstanding overall level of service. 8

11 BARRISTERS QUEEN S COUNSEL JUNIOR COUNSEL Colin Edelman QC Silk 1995 Call 1977 Diana Cotton QC Silk 1983 Call 1964 Robert Glancy QC Silk 1997 Call 1972 Timothy Brennan QC Silk 2001 Call 1981 Graham Read QC Silk 2003 Call 1981 Stephen Killalea QC Silk 2006 Call 1981 Colin Wynter QC Silk 2006 Call 1984 Ingrid Simler QC Silk 2006 Call 1987 Bruce Carr QC Silk 2009 Call 1986 Robert Weir QC Silk 2010 Call 1992 Ian Lee Call 1973 Nicholas Bard Call 1979 Bruce Silvester Call 1983 Colin Mendoza Call 1983 Oliver Hyams Call 1989 Nicholas Randall Call 1990 Richard Harrison Call 1991 Suzanne McKie Call 1991 Peter Edwards Call 1992 Alison Padfield Call 1992 Andrew Burns Call 1993 Katie Gollop Call 1993 Tariq Sadiq Call 1993 Dijen Basu Call 1994 Richard Cartwright Call 1994 Anna Thomas Call 1995 Mohinderpal Sethi Call 1996 Timothy Frith Call 1996 Akash Nawbatt Call 1999 Shaen Catherwood Call 2000 Robert Hunter Call 2000 Robert Sowersby Call 2000 Sophie Belgrove Call 2001 Ben Lynch Call 2001 Alice Mayhew Call 2001 Sarah Watson Call 2002 Rachel Avery Call 2003 Yvette Budé Call 2003 Lucinda Harris Call 2004 Laura Bell Call 2004 Talia Barsam Call 2006 Thomas Cordrey Call 2006 Laura McNair-Wilson Call 2007 Sam Nicholls Call 2006 Christopher Stone Call 2007 Andrew Smith Call 2008

12 Devereux Chambers Devereux Court London WC2R 3JH Tel Fax