personal injury and clinical negligence

Transcription

1 personal injury and clinical negligence

2 39 Essex Street Personal Injury and Clinical Negligence 39 Essex Street provides expert advocacy and advice in all aspects of personal injury and healthcare. It is consistently rated by the main professional directories as one of the leading common law chambers, being pre-eminent in personal injury and clinical negligence work. This expertise is complemented by expertise in all aspects of insurance law, commercial, construction, regulatory and public law (including community care, mental health and capacity, and human rights). Chambers is therefore able to offer an almost unrivalled service across these practice areas. In particular we provide a one stop service including inquests, inquiries, criminal and regulatory proceedings, advice on insurance issues, and the substantive personal injury and clinical negligence claim. This team is able to offer an outstanding service to a wide range of clients. These clients range from injured or aggrieved private Claimants and Defendants, small to major multi-national companies, insurers and defence organisations, the NHSLA and other government bodies. Our relationship with and understanding of the needs of these clients enables us to provide a quick, efficient and truly specialised service from individual barristers or teams of barristers. In recent years 39 Essex Street has responded to the trend towards Mediation and other ADR. A significant proportion of our work involves attending Mediations and other types of settlement meetings to represent the interests of our clients. 39 Essex Street is also able to provide experienced mediators and a bespoke mediation service (including facilities). 39 Essex Street recognises that the provision of legal expertise has to be matched with efficient delivery of that service. 39 Essex Street is proud of our clerking and administrative team which has an in-depth knowledge of the practice areas and of the requirements of our clients. Members of chambers provide advice and assistance through formal written opinions, in conference, by Fax, or telephone, as well as by videoconferencing. Barristers often visit clients in the UK and abroad. Chambers regularly provide seminars and other training and presentations on all areas of chambers work. We have a superb seminar room. Members of chambers also regularly provide these services at client s premises and for professional organisers. We are accredited by the Law Society and Bar Council as course providers. 39 Essex Street provides advocacy for clients in all forums from Magistrates Courts to the House of Lords and Privy Council, Inquests, and Regulatory Tribunals. Chambers offers first class accommodation for conferences, mediations and settlement meetings, with full disabled access. a set known for its solid and clear advice and excellent manner with clients Legal

3 39 Essex Street Personal Injury and Clinical Negligence Personal Injury Members of Chambers have an unparalleled expertise in all areas of personal injury work. This is recognised in the major professional directories. We provide representation for claims ranging from small claims to catastrophic injury and fatal accident cases, disaster and group litigation. Members of chambers are on the editorial board of the JSB Guidelines, Kemp & Kemp and other specialist personal injury textbooks. Public Liability Members of Chambers have a wide expertise in public liability claims. These range from minor slippers and trippers on the highway or at premises open to the public, accidents at leisure and recreational facilities, assaults in restaurants and nightclubs and holiday claims. Employers Liability Chambers act for employers (usually through their insurers) and employees in relation to the work-place related accidents and stress/harassment/bullying induced injury claims. Construction site falls Factory machinery accidents Stress/harassment/bullying claims by teachers, bank workers and police officers. Road Traffic 39 Essex Street has a vast experience of cases arising out of road traffic accidents. Junior Members of Chambers regularly appear in fast track claims, and the more senior Members of Chambers appear in the range of more significant cases. Our expertise includes multiple vehicle crashes, cases involving fraud, cases with a foreign element, and cases involving the MIB and all aspects of road traffic insurance law. The full range of two vehicle collisions Claims by children and pedestrians on the highway who are injured by vehicles. A claim by a youth who sustained a catastrophic spinal injury diving into shallow water against the owner and operator of a beach A claim by a child against a bouncy castle operator A claim by a visitor to a leisure centre who fell from a climbing wall A claim by a young baby who sustained catastrophic injury when struck in its pram by a falling window frame A fatal food allergy claim Various claims by visitors against nightclub operators Various claims by visitors against swimming pool operators. Product Liability Members of Chambers have acted in many cases involving claims by individuals and groups of individuals arising out of use of allegedly defective products. The Linkwise Litigation the toxic sofa litigation The two most recent Court of Appeal cases injuries arising out of use of defective products ATB Sales v Ide, Pollard v Tesco Stores and others The Northwick Park drug trial cases Claims arising out of the use of the dye Sudan Red in foodstuffs.

4 Is the first port of call for many defendant firms, particularly the silks who are very highly regarded Chambers & Partners Essex Street Personal Injury and Clinical Negligence Sport Toxic Torts 39 Essex Street has a particular expertise in claims by injured sportsmen. Members of Chambers have acted in claims by footballers, rugby players, gymnasts, hockey players, golfers, parachutists, scuba divers, horse riders, speedway and motorcycle riders, and a range of other sports. Claims arising out of injury to professional footballers including Elliot v Saunders, O Neil v Fashanu, Collett v Middlesbrough, Most English and many Welsh rugby union claims by injured players against players, clubs, coaches, referees and the RFU including Smolden v Nolan, Allport v Wilbrahim, Vowles v Evans Watson v British Boxing Board of Control claim by boxer for negligent ringside medical facilities Harcourt v Pegasus Gymnastics Club claim by schoolboy gymnast against club and coaches Various claims by parachutists against instructors and clubs. Disaster and Other Group Litigation 39 Essex Street has acted for one or more parties in nearly all of the disaster and other major group litigation in recent years. The Marchioness sinking The Zeebrugge sinking The Kings Cross Fire The Northwick Park Hospital drug trials claims Hepatitis C group action MMR group action Benzodiapethane group action The Linkwise Litigation toxic sofas The Scania 4 group action Various recent railway disasters including Southall, Selby, Paddington and Hatfield These cases range from organosphosphate and other chemical poisoning (for example the Motto and Others v Trafigura litigation), to claims of carbon monoxide poisoning and legionnaire s disease. Occupational Disease 39 Essex Street has a vast experience of handling all the recognised (and the so-called emerging) occupational disease claims, ranging from asbestos to stress. Recent examples include: Very high value mesothelioma claims involving doctors, other health care professionals and successful businessmen Lung cancer and asbestosis claims Nasal cancer arising from exposure to wood dust Bladder cancer arising from industrial exposure to chemicals Occupational stress claims involving prominent business executives and salesmen Work-related upper limb claims of both the diffuse and clinically recognised varieties, such as carpal tunnel syndrome, trigger finger, epicondylitis and de quervains, as well as RSI Chronic fatigue syndrome and fibromyalgia claims Multi-party deafness and vibration white finger claims The miners knee litigation RSI. Claims Arising out of Foreign Accidents Members of Chambers have extensive experience of overseas claims. R(Sunspell) v ABTA Torremolenos Beach Club Group Case Anderson v Lyotiers - Tetraplegia Claim. The Organophosphate litigation The Miners Knee litigation.

5 39 Essex Street Personal Injury and Clinical Negligence Clinical Negligence Chambers has a strong team of Silks and Juniors who act for Claimants and Defendants in clinical negligence cases ranging from fatal and catastrophic injuries to more minor injuries. There is a particular expertise in birth trauma and spinal injury cases. Members of chambers appeared in Bolitho and Chester v Afshar. Examples of recent cases: Birth trauma cases Failure to treat spinal injuries correctly on admission to A & E Failure to diagnose and treat cancer and other conditions Failure to give genetic counselling Hospital associated infection Failure to treat anaphylaxis Failure to prevent suicide Failure to diagnose and treat meningitis Errors in plastic surgery treatment and advice The Hepatitis C litigation. Insurance Many personal injury cases involve questions about insurance cover. Such cases may involve questions of non-disclosure, misrepresentation, late notification, disclosure of coverage terms to third parties, dual/double insurance issues, policy construction and fraud. We also advise upon the difficult issues that arise both under national road traffic legislation and the 5th European Motor Directive. Another area of expertise is issues arising out of permanent health insurance. Professional Negligence There is often an overlap between solicitors, barristers, and insurance brokers negligence cases and personal injury and clinical negligence. Barristers are particularly well-placed to advise in and conduct these cases because a number of members of chambers have a true expertise in both professional negligence and personal injury/clinical negligence work. Costs and Funding 39 Essex Street has an outstanding costs law team which enjoys a formidable reputation at every level of seniority. A particular feature of the team is that, whilst all its members are specialists in the sometimes arcane principles of costs, many are also well known for their work elsewhere, including personal injury and clinical negligence. Thus Members of Chambers are well placed to offer advice and representation on specific costs issues which arise in these areas, ranging from drafting a funding agreement at the outset of the case to involvement in the costs assessment at the very end. The team undertakes all aspects of costs work. Members appear in every Court and Tribunal where costs issues arise. Members have considerable experience in appellate work, with frequent appearances in Court of Appeal and High Court appeals, as well as the House of Lords and the Privy Council. Members of 39 Essex Street are almost invariably to be found in the most important costs cases. Chambers also conduct all manner of detailed assessments, involving arguments arising from high value litigation and technical challenges to costs recovery, as well as more everyday disputes. Chambers also has a wealth of experience in advisory and drafting work. In an area of law beset with technical rules and disciplinary risks, getting documents right is crucial. The team has considerable expertise in advising on potential funding arrangements and in drafting costs documentation, including CFAs, CCFAs and legal expenses insurance policies. Clients include all those involved with legal costs. Our instructing solicitors range from large City firms to sole practitioners. Barristers are retained by many costs consultants and costs draftsmen. 39 Essex Street act for major insurers, government departments, claims management companies, the Legal Services Commission, trade unions and multi-nationals, as well as individuals from the wealthy to those on income support. Members have been involved in costs issues worth anything from a few thousand pounds to 73,000,000. There is also a separate brochure Costs Law. There is a separate Professional Liability brochure.

6 39 Essex Street Personal Injury and Clinical Negligence Inquests and Inquiries The costs team maintains a free, searchable web database with concise summaries of important and topical costs decisions at Areas of work include: Litigation funding and non-party costs orders Solicitor and client disputes Costs caps and costs estimates Group litigation Conditional Fee Agreements Success fees and ATE premiums Inter partes recovery of costs Security for costs Fixed costs Public funding Health and Safety Members provide advice and representation for defendants to such proceedings, be they individuals, major companies, NHS trusts or other entities, and in some instances to prosecutors. This complements our experience in personal injury work and inquests, such that Chambers provides assistance with the various proceedings which may arise from an industrial accident or other incident. Many of the cases undertaken by chambers raise the prospect of substantial damage to the client s reputation as well as substantial penalties and we are well attuned to the sensitivities involved. 39 Essex Street has considerable experience in dealing, on behalf of clients, with the HSE and other prosecuting authorities, as well as being familiar with court practices and procedures at both Magistrates and Crown Court levels. 39 Essex Street are also able to offer more general advice in relation to health and safety issues. Members of Chambers provide representation at Inquests on behalf of the various parties who may be interested therein: those who have been bereaved and those who may be implicated in the death (or face subsequent civil and/or criminal proceedings). Members have experience of acting for organisations such as government entities and charitable bodies, as well individuals and corporate entities. In the more sensitive cases, there is often the prospect or possibility of an unlawful killing verdict and sometimes the investigation of a suicide. Industrial accidents and clinical mishaps are mainstays of our involvement in this area, but we also deal with other cases across a wide range. 39 Essex Street is appreciative of the sensitivities which may arise, both for bereaved families and for others involved, and are able to offer guidance and help in relation to the procedural difficulties which are apt to arise and the potential interrelation with criminal and/or civil proceedings. Examples of inquests include: Kings Cross The New Cross fire; The Marchioness; Iraq friendly fire inquest; Examples of inquiries include: Kings Cross Hillsborough The Bristol Babies Inquiry The Ayling Inquiry Training and Seminars Members of Chambers frequently speak at conferences and also in the academic context. 39 Essex Street is accredited by the Law Society as a course provider. Members of Chambers, at every level, hold regular seminars and workshops in Chambers or at clients offices as part of their continuing education programme.

7 Straightforward individuals who are immensely popular with the client Chambers & Partners Essex Street Personal Injury and Clinical Negligence Chambers The members of 39 Essex Street possess a wide range of expertise, both as advocates and advisers. Our client base includes government departments and agencies, utilities, NGOs, insurance companies, professional indemnity insurers, local authorities, trade unions, public and private companies, educational bodies, health authorities and trusts, and individual litigants. Members also undertake pro bono work and act for public interest organizations. Instructions are accepted through direct professional access from recognised organizations and overseas lawyers. For more information please contact Chief Executive and Director of Clerking David Barnes +44 (0) david.barnes@39essex.com Senior Clerk Alastair Davidson +44 (0) alastair.davidson@39essex.com Practice Manager Ben Sundborg +44 (0) ben.sundborg@39essex.com

8 London 39 Essex Street London WC2R 3AT tel +44 (0) fax +44 (0) Manchester 82 King Street Manchester M2 4WQ tel +44 (0) fax +44 (0) dx London/Chancery Lane For more information please contact: Chief Executive and Director of Clerking David Barnes +44 (0) Senior Clerk Alastair Davidson +44 (0) Thirty Nine Essex Street 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. Thirty Nine Essex Street s members provide legal and advocacy services as independent, self-employed barristers and no entity connected with Thirty Nine Essex Street provides any legal services. Thirty Nine Essex Street (Services) Limited manages the administrative, operational and support functions of Chambers and is a company incorporated in England and Wales (company number ) with its registered office at 39 Essex Street, London WC2R 3AT. We are committed to upholding the Bar Councils Equal Opportunities Policy, with regard to service provision and apply its principles rigorously to the recruitment of members, pupils and staff. Practice Manager Ben Sundborg +44 (0) ben.sundborg@39essex.com design by Sears Davies +44 (0)