Henry Witcomb. Call:

Transcription

1 Henry Witcomb Call: 1989 Primary Areas of Practice Clinical Negligence Personal Injury Multi-Party Actions Child Abuse Compensation Law Public Authority Liability Inquest Representation Profile Henry Witcomb has a practice specialising in clinical negligence, personal injury, public authority liability and inquest representation. In clinical negligence, he has particular expertise in dealing with cases involving wrongful death and birth-related catastrophic injury. His personal injury work has focused on catastrophic spinal and brain injuries. In addition he has been involved in several multi-party actions. Primary Areas of Practice Clinical Negligence, in particular those involving wrongful death and birthrelated, catastrophic injury. Personal Injury with a particular emphasis on catastrophic spinal and brain injury claims. Frequently instructed to act on behalf of the Official Solicitor to represent the interests of claimants who lack capacity. This work has increasingly involved exploration of the overlapping obligations of tortfeasors and state bodies, health, social services and education authorities, to claimants. Wide-ranging experience in other sub-fields including many years experience of employer s liability cases, in particular those involving occupational disease; and of criminal injuries work. Public Authority Liability and Child Abuse Compensation Law. Representation of claimants in several multi-party actions suing, principally, public authorities in relation to the abuse and care of children, and those with learning disabilities. The claims have involved exploring the boundaries of vicarious liability of public authorities; and also the direct liability of public authorities in both management and regulatory capacities. Inquest Representation. Extensive experience representing families and other interested parties, including health professionals, in medico-legal and personal injury context. Multi-Party Actions. Principally actions involving the abuse and care of children but also involving other classes of personal injury claimants.

2 Directories Named as a star individual in clinical negligence and recommended as a leading junior (band 1) in personal injury by the most recent edition of Chambers Directory UK. "He's absolutely top-drawer. Extremely bright, completely in command of the detail of a case, and a formidable opponent (Chambers UK, 2015) "Hugely capable and incredibly good with the clients. He's very sensible, very downto-earth and a very skilled advocate." (Chambers UK, 2015) "He is very intelligent, extremely practical, and not frightened of difficult cases. Impressive." "He has a detailed medical and legal knowledge far above the average specialist, and is hugely committed to his clients." (Chambers UK, 2014) "He approaches the cases in a very intelligent, thorough way and he's not afraid of taking on difficult ones." "He's at the top of his game - he's great for catastrophic cases and child abuse claims." (Chambers UK, 2014) "the best senior junior for clinical negligence." "A very bright advocate" who "demonstrates a detailed knowledge of medical and legal knowledge beyond the norm," (Chambers UK, 2013) often forms part of an "unbeatable" duo with Elizabeth-Anne Gumbel QC and shares her insightful appreciation of child abuse issues. His personal injury practice is primarily focused on catastrophic brain and spinal injury claims, and he has handled a number of group litigation cases. (Chambers UK, 2013) he "always delivers a first-class service to clients." He is exceptionally good as he is both clever and fantastic with clients. (Chambers UK, 2012) Sources shower the highly compassionate and intelligent Henry Whitcomb with praise for his attention to detail and handling of tough and sensitive cases. (Chambers UK, 2012) a very rare mix of empathetic client skills and extremely good legal knowledge. He is known for his strong tactical nous. (Chambers UK, 2011) Acting with aplomb when handling the most significant matters in the field. Interviewees were deeply enthusiastic about his work, commenting on his really nice blend of intellect and good client care skills, and saying he is always worth choosing as he works incredibly hard and thinks creatively about cases. (Chambers UK, 2011) "I think that the absolute best junior is Henry Witcomb," opined one solicitor. He often works with Elizabeth-Anne Gumbel QC and together they are thought to be "beyond compare on difficult cases." He is like many of the 1 Crown Office Row tenants who are praised for their "exceptional client skills." (Chambers UK, 2010)

3 Henry Witcomb often works with Gumbel and the two are thought to be "a formidable team." Sources note that "he thinks outside the box, which is enormously important, as there is no easy solution to these cases." (Chambers UK, 2010) Also recommended as a leading junior in both the clinical negligence and personal injury fields by the most recent edition of the UK Legal 500. Appointments Formerly a co-opted member of the Bar Council's Legal Services Committee (civil justice specialist) Former member of Lord Woolf's Enquiry team Law Commission pre-publication consultee (personal injury law reform programme) Significant Cases P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 Appeared on behalf of the intervenor, the AIRE Centre in claims which considered whether people who have severe learning difficulties and are placed into care are deprived of their liberty under Article 5 of the European Convention on Human Rights. Ndiki Mutua & others v The Foreign and Commonwealth Office [2012] EWHC 2678 (QB). Appeared as one of the counsel team in claims brought by four Kenyans for serious personal injuries and torture suffered whilst in detention in Kenya during the Mau Mau uprising. The events to be investigated would extend back to 1952 at least, a period of 60 years or more by the likely date of trial. Discretion was excercised under s.33 of the Limitation Act 1980 to disapply the 3 year limitation period and allow the claims by the three surviving claimants to proceed to a full trial. XYZ v Portsmouth Hospital NHS Trust [2011] EWHC 243 (QB). Appeared on behalf of the claimant who suffered renal failure after donating a kidney to his father. Points of interest include: the award of loss of income consequent upon the chance the claimant had of establishing a business; the award for future medical expenses; and the provisional damages order. X, Y & Z v UK [2011] ECHR One of the counsel team who represented three applicants (X & Y in the [2009] EWCA Civ 286 case, and one other) who were compensated following a settlement with the UK Government following their applications under Articles 3, 6, 8 and 13 of the Convention. X and Y v London Borough of Hounslow [2008] EWHC 1168, EWCA Civ 286 The Claimants obtained compensation in a friendly settlement in the European Court of Human rights after the Court of Appeal reversed the finding of the trial Judge. The trial Judge awarded compensation for a husband and wife who were vulnerable adults with a learning disability against a local authority who had failed to protect them from abuse.

4 A v Iorworth Hoare [2008] UKHL 6. Appeared on behalf of three of the claimants appellants, X, Y and C in the successful challenge in the House of Lords to Stubbings v Webb. Rowe v Dolman [2008] EWCA Civ Appeared on behalf of the claimant in relation to defendant s unsuccessful appeal in relation to the judge s findings as to life expectation and the viability of periodical payments. H v Thomson Holidays Ltd [2007] EWHC 850 (QBD). Appeared on behalf of the Claimant child who contracted Escherichia coli 0157 infection resulting in her suffering gastroenteritis and haemolytic uraemic syndrome ( HUS ). This syndrome resulted in her suffering renal failure affecting both of her kidneys which will inevitably result in the need for kidney transplantation surgery on a repeated basis, complications, and prolonged periods of dialysis. All heads of loss were agreed save for the claims for provisional damages in a number of different scenarios and the claim for private medical expenses. A (by C) v B [2006] EWHC 1178 (QB) in which an award of 6,500,000 was made and which involved detailed consideration of the nature and cost of care in a cerebral palsy claim. Kotke v Saffarini [2005] EWCA Civ 221. Appeared on behalf of the claimant at first instance and on appeal in a Fatal Accidents Act 1976 claim challenging the trial judge s finding that the claimant was not living with her partner for two years in the same household prior to her partner s death. Sowden v Lodge and Crookdake v Drury [2004] EWCA Civ Appeared in both cases at first instance and on appeal in the conjoined appeals concerning the role of public authorities in relation to the provision of accommodation and care to catastrophically injured claimants who lacked legal capacity. Slater v Buckinghamshire County Council and anr [2004] EWCA Civ Appeared on behalf of the claimant in an appeal concerning the duty of care owed by a local authority to a Downs Syndrome adult. McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) & Anor [2004] 1 A.C House of Lords consideration of limitation in long latency child abuse claims. Royal Victoria Infirmary & Associated Hospitals NHS Trust v B (A child) [2002] Lloyd s Rep Med 282. Court of Appeal assessment of the respective role of medical and statistical evidence in relation to the issue of life expectancy in catastrophic birth injury claims. R v Criminal Injuries Compensation Panel ex parte Soper, Lawtel Judicial review of the Criminal Injuries Compensation Panel in relation to the principles governing the deduction of state welfare benefits from compensation awards. Heil v Rankin [2000] 2 W.L.R Representing Tracey Kent and others conjoined appeals to the Court of Appeal which established the English guidelines

5 for assessment of damages for pain, suffering and loss of amenity; and increased the level of those damages. Britland v East Midland Motor Services Ltd unreported C.A.. Representing the claimant in an appeal by the defendant whose employee driver had collided with the claimant whilst the claimant was crossing the road. Appeal dismissed. Multi-Party Actions PERSONAL JMC/Airtours litigation (acted on behalf of 3 groups of claimants numbering 764 in total, who have suffered injury whilst on holiday abroad). Forde Park School (80 cases). Barlavington Manor (15 cases). South Wales NCH litigation (35 cases). Ivydale Children's Home (15 cases). Badgeworth Court School (14 cases). St Leonard's Children's Home (25 cases). Sunderland Homes Group litigation (56 cases). Longcare Homes Litigation (55 cases). Staffordshire Homes Litigation (150 cases). Birmingham Homes Group Litigation (101 cases). Pitt House Litigation (15 cases). Olands Litigation (10 cases). Wessington School (30 cases). Green Field House School (9 cases). Henry was educated at Durham University with a BA (Hons) in Law.