Thomas Herbert

Inquests, clinical negligence, disease, personal injury, costs and litigation funding, insurance, commercial dispute resolution, property and real estate, employment, public sector and not for profit.

Tom is recognised as a leading practitioner in clinical negligence, inquests & inquiries, personal injury and commercial litigation.

He is described by the legal directories as “an all-round excellent counsel” who “never fails to impress” and is praised for his “mastery of the brief” and “sensitivity to the needs and interests of his instructing solicitors and clients”. He is “approachable, considered, articulate and intelligent” and “often able to think of imaginative solutions”. As such, he is regularly instructed in complex and high-value matters, including those attracting media interest, and is a particularly experienced appeal advocate considering his level of call.

The breadth of Tom’s practice is apparent from his instructions on applications, at trial and on appeal in matters ranging from personal injury and disease to commercial disputes and costs. He was appointed to the Attorney General’s Regional B Panel in 2023.

Recent and ongoing cases of note include:

Junior to Patrick Limb KC representing two well-known airlines in ongoing High Court litigation concerning alleged ‘aerotoxicity’ and, as sole counsel, representing an airline in two related claims arising from alleged ‘fume events’. Advice to and representation of a local authority at a three-week Article 2 inquest arising from the murder of a young girl by her mother. With Philip Turton, advice to and representation of the deceased’s maternal family at a four-week Article 2 inquest into the death of a 13-year-old girl by hanging, including a recusal application made at the pre-inquest review stage. Defending a range of proceedings arising from the breakdown of a high-profile relationship, including a breach of contract claim in the County Court, a claim in the torts of deceit & conspiracy in the King’s Bench Division of the High Court and insolvency proceedings. Advice to and representation of the deceased’s family in relation to coronial and civil proceedings arising from a failure to prescribe anticoagulant medication. The civil claim settled for £400,000 and received court approval on the basis of Tom’s advice. Successfully resisting an appeal against a District Judge’s decision to grant the Defendants’ very late application for their own medical evidence in a noise-induced hearing loss case. Representation of the respondent in a costs appeal in the Family Division of the High Court: C v S (Private Children Proceedings: Costs) [2022] 2 FCR 780. Advice and representation at an appeal concerning CPR Part 11 and common law waiver.

Tom read Chemistry at the University of York and graduated with a Master’s degree before studying at Nottingham Law School, where he achieved a distinction in his Graduate Diploma in Law and was graded ‘Outstanding’ on the Bar Professional Training Course, obtaining the highest mark in his year in Civil Litigation.

As a result of his scientific academic background, from which his “clients and instructing solicitors benefit”, he has a rigorous and analytical approach. He enjoys dealing with abstract or technical points of law and is particularly well-placed to analyse chemical, pharmaceutical and statistical evidence, and converse with experts in those fields.

Tom frequently delivers lectures and seminars to solicitors. Recent topics include vicarious liability, expert evidence and causation in novel chemical exposure cases. He is also a member of the editorial committee for the Ropewalk Blogs, and regularly contributes to publications such as the Journal of Personal Injury Law.

BPTC (Outstanding), Nottingham Law School GDL (Distinction), Nottingham Law School MChem (Hons) Chemistry, University of York