David Heaton has been consistently recognised as a leading practitioner over many years. His most recent entries include:
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1 David Heaton QC CALL 1983 (Middle Temple) SILK 2008 PRACTICE AREAS Personal Injury Clinical Negligence Professional Liability Criminal Injuries APPOINTMENTS Recorder 2005 ASSOCIATIONS PIBA PNBA Northern Circuit Medical Law Association E: T: F: Byrom Street Chambers 12 Byrom Street Manchester M3 4PP DIRECTORIES David Heaton has been consistently recognised as a leading practitioner over many years. His most recent entries include: Handles a wide range of clinical negligence issues, and is equally adroit in his representation of claimants and defendants. He is recognised for his expertise in cerebral palsy cases. Expertise: "Clients love him - he's incredibly well prepared, very patient, and not in any way pompous." Recent work: He handled a cerebral palsy case where causation was disputed due to the interpretation of the MRI scans. (Chambers and Partners 2015 Clinical Negligence) Well known for his skilled handling of catastrophic injury claims for defendants, although he does also act for claimants on occasion. He has a good deal of experience in cases involving brain and spinal injuries. Expertise: "His preparation for trial was second to none." "He is hugely empathetic, with real insight into the difficulties his clients and their families encounter." (Chambers and Partners 2015 Personal Injury)
2 Bright and hardworking. (Legal ) Particularly highly noted for his defendant practice, he frequently represents solicitors and their insurer clients in extremely high-value catastrophic injury cases with complex issues of liability. Expertise: "He's extremely affable and probably the best-prepared silk I've come across - he puts clients, solicitors and experts at ease." "He is totally focused on the outcomes." Recent work: He advised on liability in consultation in an RTA where the claimant, a motorcyclist, suffered a brain injury following a collision with a car which pulled out of a minor road on her near side. (Chambers and Partners 2014 Personal Injury) Divides his practice between personal injury and clinical negligence cases. He is particularly noted for his expertise in claims concerning childhood brain injuries. Expertise: "He combines great expertise with intellectual brilliance." "It is more than just a job for him; he is passionate about getting justice and wants the best for his client." Recent work: He represented the claimant in relation to the quantum aspects of a multimillion-pound cerebral palsy case. (Chambers and Partners 2014 Clinical Negligence) Has a broad practice and acts on behalf of both claimants and defendants. His core focus is on complex, high-value claims concerning severe brain and spinal injuries, and he is also acclaimed as "a superb silk on birth injury work." Commentators say that "he combines intellectual brilliance with invaluable expertise and is at the very top of his game." He also draws plaudits from instructing solicitors, who note that "he is open, personable and extremely client-friendly." (Chambers and Partners Clinical Negligence 2013) Has a broad personal injury practice, and whilst he does receive instructions from both claimants and defendants, is especially highly regarded in the market for his representation of the latter. His practice encompasses a wide range of personal injury claims, and he has particular expertise in issues arising from local authority accommodation and care. (Chambers and Partners Personal Injury 2013) Gets to the nub of the case quickly and incisively (Legal ) Incredibly thorough (Legal ) David Heaton QC is applauded for his thorough preparation and outstanding ability when handling birth injury and other maximum severity claims. (Chambers & Partners 2012 Clinical Negligence)
3 David Heaton QC is straight to the point in his advice. Never haughty, despite his seniority, he has a keen forensic mind and is a pragmatic negotiator. (Chambers & Partners 2012 Personal Injury) David Heaton QC focuses his attention on claims involving injuries of the greatest severity, and is described as highly analytical with excellent client care skills. (Chambers & Partners 2011 Clinical Negligence) a lawyer with a fantastic client manner. (Chambers & Partners 2011 Personal Injury) David Heaton QC is highly popular among the region s solicitors as he combines a highly analytical mind with a down-to-earth approach. He garners many a brief (Chambers and Partners 2010) David Heaton QC is particularly skilled at managing the expectations of his clients in a kind and sympathetic manner (Chambers and Partners 2010) David Heaton QC is a very solid all-rounder (Legal ) David Heaton QC is exceptional (Legal ) PERSONAL INJURY David has practised in personal injury litigation throughout his career. He advises and appears on behalf of both claimants and defendants. He was involved in the Ativan group action in the 1990s. He now specialises predominantly in high value and complex claims usually involving brain damage resulting in motor, cognitive, personality and behavioural changes and spinal injury resulting in tetraplegia and paraplegia. He has wide experience of the investigation and presentation of issues arising from local authority accommodation and care. Representative concluded cases Loughlin v Pama Instructed by Defendant in a claim where there were concerns about the appropriateness, effectiveness and costs of a case management and care regime in the years preceding the trial and the adequacy of information provided to the Court of Protection when an application was made to appoint a financial deputy. Kenneth Parker J. reduced the past case manager and care costs by 20% and provided guidance as to the information with which the Court of Protection should in future be provided when applying to appoint a deputy. ES v CICA Instructed by applicant in a criminal injuries compensation claim where the then infant applicant had sustained a severe brain injury at the hands of his father resulting in asymmetric cerebral palsy manifesting itself in severe mobility, intellectual impairment,
4 significant communication problems and visual difficulties. The applicant had epilepsy and behavioural problems. He lacked capacity to manage financial matters of any sort. He required 24 hour care and special schooling. The CIC panel made an award of 5.7million on a 100% basis but reduced this by the uprated value of an approved clinical negligence settlement on a partial recovery basis arising from the same facts where the hospital had failed to recognise that the applicant had suffered some non accidental injuries and discharged him home to the care of his father who then caused the brain injury. The net value of the award was 2.7million. B v S Instructed by defendant in a claim by a female claimant with long life expectancy claimed substantial periodical payments of damages for future care and case management where on a conventional basis claim valued at in excess of 7.5m B v F & MIB Instructed on behalf of Polish claimant suffering orthopaedic, neurological and urological and colo-rectal injuries in accident at work in England and who had returned to live in Poland recovered substantial damages for future loss of earnings and future care K & K C Instructed by defendant in Fatal Accident Act claim where the claim for dependency was founded on the premise that it was contended that the deceased graduate would have opened a successful private school in Pakistan Wright v Sullivan [2005] EWCA Civ 656 Instructed by the claimant in an appeal in which the Court of Appeal held that a case manager appointed by a severely injured person to assist her owed duties to the patient alone and had to make decisions in the best interest of the patient. Her role would be that of a witness of fact and not an expert and she should not be appointed by the parties jointly. McLaughlin v F & B Limited (Simon J. 7/2/2003) Instructed by the defendant in a claim by a tunnel miner where it was held that he have only worked to age 55 years [and not to age 60 or 65 as he contended] because of supervening lupus. White v Fell (1987 unreported) Instructed by the defendant in the first case in which the test for mental capacity was expounded by Boreham J. which decision which was later followed in Masterman Lister v Jewell & Home Counties Dairy Representative current cases Instructed on behalf of claimants who are Commonwealth citizens who sustained Non Freezing Cold Injuries during British Army training as a result of which they have been medically discharged thereby losing the opportunity to acquire British Citizenship and o live and work in the UK
5 Instructed by claimant in brain injury claim where capacity to litigate and manage own property and affairs are both in issue Instructed by defendant in brain injury claim where there are significant issues as to the extent to which, if at all, the claimant s ability to work and live independently have been affected by his brain injury. CLINICAL NEGLIGENCE David has extensive experience of all types of clinical negligence litigation both for claimants and defendants including: Midwifery/obstetric mismanagement involving IUGR, inadequate CTG monitoring, excessive use of syntocinon, twin deliveries and mismanagement during labour of cord prolapse, maternal pre-eclampsia, previous Caesarean section and shoulder dystocia Neonatal mismanagement involving an erroneous injection of potassium sulphate, hypoglycaemia, persistent pulmonary hypertension, GBS infection and retinopathy of prematurity Failures to diagnose and treat meningitis, sub-arachnoid haemorrhage, a brain tumour, other cancers, pyloric stenosis, ectopic pregnancy, acute pancreatitis, cauda equina syndrome, cardiac disease and stroke Representative concluded cases: AB v Central Manchester University Hospitals NHS Foundation Trust Instructed by the claimant in a claim for damages for cerebral palsy where the approved settlement comprised a contingency sum and substantial ASHE-Linked periodical payments for future care and case management which, on a conventional basis, was valued at over 4.8 million. Tameside & Glossop Acute Services NHS Trust v Thompstone [2008] EWCA Civ 5 The Court of Appeal upheld the decisions of judges in three cases at first instance that periodical payments for future care and case management should be indexed to ASHE 6115 at the relevant percentile rather than to the RPI. Smart v East Cheshire NHS Trust [2003] EWHC 2806 (QB) Gage J. gave guidance on the proper approach to a cost capping application made by a defendant in a single claimant clinical negligence action. D v S & B NHS Trusts Instructed by the claimant in a Fatal Accident Act claim arising out of negligent failure to diagnose and treat a sub-arachnoid haemorrhage
6 F v EL Health Authority Instructed by the claimant in a claim where a substantial settlement was approved including full ASHE-indexed periodical payments for future care and case management with passive reverse indemnity where claimant had been receiving PCT nursing care and local authority direct payments D v C&MSHA Substantial settlement approved in brain injury claim where liability disputed in claim arising out of alleged failure adequately to re-hydrate infant prior to surgery for pyloric stenosis in early 1960s Representative current cases: Instructed by claimant with cerebral palsy alleged to have been caused by negligent delay in hospital delivery Instructed by claimant who suffered a spinal cord injury resulting in tetraplegia as the result of a failure to undertake adequate investigations which would have revealed that had had a spinal cord abscess. Instructed by claimant with cerebral palsy where a significant issue is the cost of suitably adapted accommodation in an expensive area of London Instructed by claimant where issue is whether, due to the impossibility of proving causation on the but for test, the claimant is entitled to damages on the ground that the defendant s alleged negligence materially contributed to the cumulative damage resulting in his cerebral palsy PERSONAL INFORMATION Born: 26 October 1960 Educated at Corpus Christi College, Cambridge and the Inns of Court School of Law Enjoys walking, reading and cooking LECTURES, SEMINARS AND PUBLICATIONS Regularly provides lectures and seminars to PIBA, solicitors and healthcare professionals. Recent topics include Controlling costs by costs capping orders and costs estimates, Periodical payments since Thompstone, Causation and claims against General Practitioners, Essential Court of Protection Issues for Personal Injury and Clinical negligence Practitioners and Rehabilitation and the duties of the professional Deputy.
Simon has been identified as a Leading Junior in Personal Injury work in each year since 2002.
Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Professional Liability PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com T:
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David Allan QC CALL 1974 SILK 1995 PRACTICE AREAS Personal Injury Clinical Negligence Industrial Disease APPOINTMENTS Deputy High Court Judge Recorder Acting Deemster of The Isle of Man E: clerks@byromstreet.com
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More informationSimon has been identified as a Leading Junior in Personal Injury work in each year since 2002.
Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Clinical Negligence Professional Negligence PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com
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