Tim’s experience in clinical negligence and personal injury is extensive in advice, at arbitration, and at representation at trial. He manages high value fatal and personal injury claims, and routinely advises and represents claimants and organisations on maximum severity injury claims with high value. Tim has a special interest in birth related injuries and associated severe brain injury cases and generally the value of claims settled or obtained at judgment is in the region of £500,000 to £16.25million. His recent case law history set out below demonstrates his experience in dealing with high value and complex claims.
In terms of clinical negligence, his areas of work include:
Neonatal and perinatal injuries (in particular, cerebral palsy, Erb’s Palsy, paraplegia, and quadriplegia). Wrongful birth claims. Neurology, including adverse outcomes of neurosurgery, brain injury and cauda equina complications. Oncology, including all aspects of breach of duty and causation of injury caused by late diagnoses. General Practice, negligence arising from delayed referral and late diagnosis of complex conditions. Orthopaedics and claims based on other sub-specialisms including cardiology, renal pathology, psychiatry. Consent to treatment issues.In terms of personal injury work, Tim regularly undertakes severe traumatic injury and fatal accident cases from county court to appellate level. He is regularly instructed on catastrophic traumatic injury to the brain and spine from industrial accidents and road traffic accidents. His personal injury practice also includes the additional sub-specialities:
Claims against the Ministry of Defence, relating to serious injury incurred in the course of military service. Specialist sports law practice, including serious personal injury. Group actions relating to damages for historic abuse against local authorities.Notable Clinical Negligence Cases
A selection of Tim’s more recent cases that achieved settlement includes the following;
T v Ramsey NHS Trust [2021]
A female claimant suffered permanent injury due to the negligent management of her cervical cancer, with additional damage to her bowel at surgery. Extensive injuries requiring extensive future care. Settlement at a mediation at £1.55m.
M v Swansea NHS Trust [2021]
A male claimant claimed damages for clinical negligence relating to the treatment of a bowel condition. A liability and quantum case was listed for trial for alleged negligent general surgery leading to peritonitis and permanent irreducible hernia with long-term symptoms. The claim settled immediately before trial at £400,000.
T v Barnsley NHS Foundation Trust [2021]
A Fatal Accidents Act 1976 claim based on the negligent mismanagement of a pulmonary embolism. The assessment of the dependency included earnings and services of a high earning father/partner, assessing the value of his future shares and other capital assets. The claim settled at mediation at £1.4m.
C v Isle of Wight NHS Trust [2020}
A serving officer suffered a BK amputation of his leg due to negligent NHS treatment leading to his medical retirement from the army. The claim included loss of army career earnings and pension, with associated prosthetic and future care costs. Settled at mediation at £1.5m.
R V Northampton NHS Trust [2020]
Cerebral palsy claim for negligent management of the claimant’s birth. Liability settled and quantum disputed in relation to future care and case management. The claim settled at £2.4m plus periodical payments at £225,000 per annum.
Notable Personal Injury Cases
B v Ministry of Defence [2021]
The claimant suffered a serious psychological injury whilst serving as a civil servant in Afghanistan. He had long-term symptoms with associated loss of career and future losses. The claim settled at a mediation at £1.65m.
G v M [2021]
The claimant suffered a severe brain injury in an RTA, aged 13 years, causing significant permanent neurological deficits. The claimant suffered a substantial loss of earnings and required extensive future care. Liability and causation of injury were disputed, particularly as to extensive engineering and neurosurgical evidence on the prevention of injury by wearing a cycle helmet. The claim settled at mediation and was approved at £900,000.
H v N [2021]
The child claimant was severely injured in an RTA which caused her permanent brain injury. The claim settled at mediation at £2.65m plus provisional damages.
D v Ministry of Defence [2021]
A high-ranking army officer suffered bullying and psychological injury in the course of military service. The claimant incurred loss of army earnings and pension with permanent disablement in the labour market. Settled at mediation at £395,000.
B v British Cycling [2020]
The claimant, who was a member of Special Forces, was severely brain injured in a negligently managed road race. The claim included loss of earnings and future care. Liability settled on a 50:50 basis and settled thereafter at mediation at £460,000 (50% of the total claim).
P v Aviva [2018]
Tetraplegia of claimant following RTA. Total care required for rest of life and settlement based on a maximum severity injury. Settled at arbitration at £16.25m
Called 1989; Middle Temple. Tim has specialised in personal injury and clinical negligence over 30 years, representing both defendants and claimants at all levels of courts in the UK. In addition, he has sat as a Tribunal Judge of the Criminal Injuries Compensation Authority 2007-12. He also undertakes extensive writing commitments on current legal issues. Also an accredited advocacy trainer for the Middle Temple as well as a case reviewer for the Bar Pro Bono Unit. Publications of note: Work Related Injury and Illness Litigation (EMIS Publishing) 2003; sub-editor at Personal Injury Quantum Reports; sub-editor at Butterworths Personal Injury Litigation Service.
French.
Member of Association of Personal Injury Lawyers; Personal Injury Bar Association; British Association of Sport and the Law.
Oakham School, Rutland; Leeds University (1986 BA (Hons) Economics and Philosophy); London School of Economics (1992 LLM Master of laws).
Theatre, sport and teaching young children cricket (ECB Level 2 cricket coach).
