Nadia Whittaker specialises in clinical negligence, personal injury, occupational disease and inquests.
In clinical negligence she is instructed on behalf of Defendant health organisations, including NHS Resolution and private healthcare insurers (such as MPS and MDDUS), but also on behalf of the Claimants. Her caseload covers a wide range of medical issues and typical cases are concerned with allegations in obstetric, surgical and neurosurgical, anaesthetic, oncological, bariatric, ophthalmic, psychiatric, emergency medicine, nursing care and ambulance services.
Informed consent is one of her sub-specialities and she has recently successful defended a number of such cases at trial. She regularly advises and represents the Defendants in alleged dishonesty cases. One such case which she defended on the basis of fundamental dishonesty is currently proceeding to a contempt application.
Nadia has a growing practice in dental cases and recently defended an application for a group litigation order, securing a landmark decision that qualified one-way costs shifting does not apply to pre-action applications. One of her key strengths is rigorous analysis, which permits her to secure optimal outcomes in highly contested cases, often against Leading Counsel. She also represents medico-legal experts on issues arising from alleged negligence in giving such expert evidence, including wasted costs and professional negligence actions.
Her personal injury practice covers employer and public liability as well as intentional torts, including sexual abuse. She has recently successfully represented a young woman who was pursuing her own parents in respect of rape and sexual and emotional abuse in her childhood. Nadia’s typical caseload in personal injury is concerned with catastrophic cases with life changing spinal injuries, amputations and traumatic brain injuries, following road traffic accidents and industrial accidents. Examples of recent cases involve subtle brain injury raising complicated issues of capacity, multiple phases of future care needs and contentious issues surrounding residual earning ability both in the UK and foreign countries (including countries such as Kuwait and Romania). Many of her cases involve thorny insurance issues, contractual interpretation and claims against the Motor Insurers' Bureau, often raising complex procedural points.
Nadia is a specialist in all aspects of industrial disease: noise-induced hearing loss, asbestos-related conditions (mesothelioma; lung cancer; asbestosis; diffuse pleural thickening), upper limb disorders and other disease such as dermatitis; botryomycosis; actinomycosis; abscesses; bird fancier’s lung. She acts for care homes in cases involving pressure sores, death and intentional abuse and regularly attends inquests. She is often instructed in complex claims involving financial dependency following death.
Nadia was called to the Bar in July 2007, following which she was employed by the Ministry of Justice as a Judicial Assistant to the Court of Appeal (Lord Justice Mummery and Lord Justice Waller) between October 2007 and June 2008. She commenced her pupillage with Crown Office Chambers in October 2008 and upon its successful completion was offered a tenancy. She has practiced in the areas of clinical negligence, personal injury, occupational disease and inquests from the outset. Since 2009 she has also been responsible for running the mini-pupillage scheme in Chambers.
Russian (native) and French (fluent)
PIBA membership