7BR

Clinical Negligence; Personal Injury; Product Liability; Consumer Contract; Commercial; Mental Health Claims; Data Protection; Offshore & International Disputes

Hugh Preston KC is a leading silk in the fields of Clinical Negligence, Personal Injury, Consumer Law and Product Liability. He has particular expertise in all aspects of group litigation.

Hugh’s clinical negligence practice involves complex and maximum severity claims on behalf of claimants. He is currently instructed in over 20 ongoing obstetric and/or neonatal brain damage claims and is regularly instructed in complex birth injury claims involving all aspects of antenatal and neonatal care including failures to respond to CTG indications, excessive bilirubin levels leading to kernicterus, chronic partial and acute asphyxia cases and all aspects of obstetric, midwifery and neonatal management. He also has particular expertise in clinical negligence claims involving medical devices and is currently instructed in the TVT/TOT/TVM Mesh Implant (Consent) litigation arising from allegations of inadequate advice when obtaining consent to vaginal mesh implantations.

Hugh’s product liability practice includes instructions in the highest profile medical device group actions in recent years, including the PIP Breast Implant litigation, the Pinnacle Metal Hip Implant litigation and several other metal hip group actions. He is currently instructed in a large group of vaccine damage claims arising from thrombosis related injuries following administration of the Astra Zeneca Covid-19 vaccine, and by Leigh Day in a group of claims arising from BIA-ALCL cancer caused by textured breast implants (the lead cases were settled in 2022). He is also instructed in infected blood products claims and personal injury and/or property damage following major fire damage incidents (including Grenfell Tower), and for claimants in a group litigation arising from defeat devices used in VW, Audi, SEAT, Skoda and Mercedes motor cars.

He has longstanding wide experience of all aspects of personal injury litigation including historic sexual and physical abuse (particularly group actions involving child abuse and claims against religious and state institutions), claims arising from overseas accidents in the private security industry involved in combat operations in Iraq and Afghanistan, and the full range of maximum severity claims. More recently he has been consulted in respect of claims arising from the administration of Covid-19 vaccines to vulnerable persons/children.

Hugh is also instructed in a wide variety of commercial and consumer law disputes including consumer credit, sale of goods, supply of services and claims under the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). He is currently instructed in a number of representative actions under CPR 19.6, following the 2021 Supreme Court decision in Lloyd v Google, and has particular expertise in all aspects of group litigation including opt-out consumer law class actions in this rapidly emerging field.

He is currently instructed by Kennedys in a number of Covid-19 related multi-party claims including wedding cancellation claims and a variety of Covid-19 related consumer and Human Rights Law group actions.

Hugh is qualified to accept instructions directly from clients and is registered under the Bar Council’s Public Access Scheme, meaning that members of the public who seek specialist advice can come direct to him. In addition, he welcomes instructions from solicitors, in-house law departments, qualified foreign lawyers, and clients licensed by the Bar Council to give instructions direct to barristers under the Bar Council’s Licensed Access Scheme. For more information please visit our Direct Access page here.

Hugh is currently instructed in over 20 ongoing obstetric and/or neonatal brain damage claims and is regularly instructed in complex birth injury claims involving all aspects of antenatal and neonatal care including failures to respond to CTG indications, excessive bilirubin levels leading to kernicterus, chronic partial and acute asphyxia cases and all aspects of obstetric, midwifery and neonatal management.

He is also instructed in cases involving novel legal and complex legal issues, e.g. in 2017 a ground-breaking HIV misdiagnosis claim involving an alleged duty of care to wider family members (F S & D v University Hospitals Bristol NHS Foundation Trust [2017]). More recently he has been consulted in respect of claims arising from the administration of Covid 19 vaccines to vulnerable persons/children.

He has particular expertise in clinical negligence claims involving medical devices and is currently instructed in the TVT/TOT/TVM Mesh Implant (Consent) litigation, a large group of claims arising from allegations of inadequate advice when obtaining consent to vaginal mesh implantations for treatment of stress urinary incontinence and pelvic organ prolapse.

Hugh also receives instructions from overseas in clinical negligence claims including the Isle of Man and further afield.

He has a particular strength in putting clients at ease and explaining the issues arising throughout the case, at a pace and in terms that are appropriate to the client.

Hugh has longstanding wide experience of personal injury litigation involving maximum severity claims, head injuries, and the full range of health and safety litigation resulting from industrial accidents including fatal accidents and complex amputation injury claims. He is also instructed in stress at work and other psychiatric injury claims including those resulting from sexual and physical abuse.

Hugh has particular expertise in overseas claims and matters giving rise to jurisdictional or applicable law disputes. He has been instructed by defendants in a number of employer’s liability claims arising from complex head injuries sustained by private security personnel employed by private security companies operating in Iraq and Afghanistan, brought under overseas applicable law. He has appeared in the leading case concerning the applicable law arising in cross-border product liability claims.

Hugh has longstanding expertise in product liability litigation having been involved in some of the highest profile group actions involving medical devices in recent years. He represented the claimants in the PIP Breast Implant Litigation (concluded in Supreme Court 2019), the DePuy Pinnacle Metal on Metal Hip Litigation (14-week trial in 2017-18) and several other metal hip groups including Adept, BHR Resurfacing and combination hip prostheses. He is currently instructed in a large group of vaccine damage claims arising from thrombosis related injuries following administration of the Astra Zeneca Covid-19 vaccine, and by Leigh Day in a group of claims arising from BIA-ALCL cancer caused by textured breast implants (lead claims settled in 2022). He is also instructed in claims arising from fire damage causing personal injury and/or property damage (including Grenfell Tower), and for claimants in group litigation arising from defeat devices used in VW, Audi, SEAT, Skoda and Mercedes motor cars.

He is regularly instructed in individual product liability claims. An example of his current work in a single product liability case is a continuing fatality claim arising from a helicopter crash in the North Sea, involving complex jurisdictional and applicable law issues. Hugh has a particular interest in cross-border product liability litigation having been involved in two recent landmark decisions in this field involving ASR hip claimants from New Zealand and South Africa bringing claims in England against an English defendant.

Before taking silk Hugh appeared in the ECJ in O’Byrne v Aventis Pasteur, a major Product Liability ruling, subsequently returning to the Supreme Court in 2010. This was the first Product Liability claim under the Consumer Protection Act 1987 ever to have reached this level.

Hugh is a former contributing editor to Miller’s Product Liability and Safety Encyclopaedia.

Hugh has longstanding expertise in all aspects of consumer contract law and has been involved in some of the highest profile actions in this field. He represented the claimants in the PIP Breast Implant Litigation (concluded in Supreme Court 2019) in which claims were made for damages in breach of contract relying upon statutory implied terms. He is currently instructed by Leigh Day in a large group of claims arising from BIA-ALCL cancer caused by textured breast implants, claiming damages in breach of contract relying upon statutory rights under the Consumer Rights Act 2015.

He is currently instructed by Kennedys in a number of Covid-19 related multi-party claims including wedding cancellation claims and a number of Covid-19 related group actions. He is also involved in litigation involving cancelled goods and services as a result of industrial strike action by university lecturers and whether a right to a partial refund arises.  He is currently instructed in a number of consumer law representative actions under CPR 19.6 under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR) and other statutory and contractual causes of action, following the 2021 Supreme Court decision in Lloyd v Google.

Hugh is able to give urgent advice by telephone or by video either to solicitors or to non-lawyer clients directly.

Hugh has longstanding expertise in all aspects of commercial litigation.

He is currently advising both commercial and consumer clients as to contractual disputes and statutory and legal rights and claims for refunds as a result of cancelled goods and services caused by the Covid-19 / Coronavirus national emergency (e.g. Force Majeure clauses and corporate events cancellations). Hugh is able to give urgent advice by telephone or by video either to solicitors or to non-lawyer clients directly.

Hugh has particular experience of civil fraud and commercial contract disputes including construction disputes.

Hugh specialises in complex cases involving all aspects of healthcare, including controversial mental health issues. He has a particular interest in decisions involving clinical treatment and welfare decisions on behalf of individuals who lack capacity by reason of mental capacity, thus involving the Mental Capacity Act 2005, and on behalf of children, having regard to the Children Act 1989 and the inherent jurisdiction. This includes end of life decisions and decisions regarding withdrawal of treatment. His wider practice includes the most complex brain injury cases including birth injury claims and adult brain damage cases.

Hugh has longstanding expertise in all aspects of consumer contract law and has been involved in some of the highest profile actions in this field. He represented the claimants in the PIP Breast Implant Litigation (concluded in Supreme Court 2019) in which claims were made for damages in breach of contract relying upon statutory implied terms. He is currently instructed by Leigh Day in a large group of claims arising from BIA-ALCL cancer caused by textured breast implants, claiming damages in breach of contract relying upon statutory rights under the Consumer Rights Act 2015.

He is currently instructed by Kennedys in a number of Covid-19 related multi-party claims including wedding cancellation claims and a number of Covid-19 related group actions. He is also involved in litigation involving cancelled goods and services as a result of industrial strike action by university lecturers and whether a right to a partial refund arises. He is currently instructed in a number of consumer law representative actions under CPR 19.6 under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR) and other statutory and contractual causes of action, following the 2021 Supreme Court decision in Lloyd v Google.

Hugh is able to give urgent advice by telephone or by video either to solicitors or to non-lawyer clients directly.

Hugh Preston KC is a leading silk in multiple disciplines and has particular expertise in cross-border litigation, jurisdiction disputes, civil fraud and all aspects of group litigation and class actions.

Cross border litigation

Hugh has appeared in some of the most significant cross border product liability cases in recent years and has longstanding expertise in all aspects of jurisdiction and applicable law disputes arising in general civil litigation. In 2012-2015 Hugh was instructed in major group litigation involving metal on metal hip implants instructed by overseas attorneys in New Zealand, South Africa and various European and other jurisdictions in London-based litigation, leading to some of the leading private international law decisions in recent years.

Civil Fraud & Commercial Litigation

Hugh has longstanding experience in all aspects of commercial litigation including with and without notice injunctive relief/freezing order applications. He also has substantial experience in civil fraud litigation including very large cross-border multi-party actions and individual complex fraud cases. Hugh’s group litigation practice includes misleading action claims under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR) and common law deceit claims, for example, the recent VW dieselgate group actions in London against overseas defendants including deceit claims for exemplary damages.

Class Actions & consumer law

Hugh is ranked as a leading silk for Group Litigation by Chambers & Partners and has vast experience in all aspects of group litigation having appeared in some of the highest-profile group actions in recent years including product liability medical device litigation, historic child abuse litigation, human rights group litigation involving interference with business possessions and civil fraud group actions. Hugh has a special interest in the emerging field of opt-out class actions extending beyond competition law into broader consumer law claims and is currently instructed in a number of ground-breaking new consumer law opt-out class actions pursued under the representative action rules common to the English Civil Procedure Rules and equivalent regimes further afield e.g. Rule 20.35 of the RDC 2014 in Dubai, further to the landmark Supreme Court decision in Lloyd v Google [2021] UKSC 50.

Called 1994, Middle Temple. Having practised in East Anglia in the early years of practice, joined 7 Bedford Row in 2000; Silk 2012.

Eton College; Durham University (1992, BA hons, theology).