England - East Midlands • Insurance

Browne Jacobson LLP

More informationMore information

Browne Jacobson LLP‘s key specialists in Nottingham include Damian Whitlam , who is an expert in defending medical malpractice claims involving mental health for the NHS and private sector, including suicides, homicides and prison healthcare cases. In the ambulance sector, Ian Long has developed a niche defending cases involving death and serious injury due to failure to convey to hospital and misdiagnosis in ED. Lorna Hardman and Kelly Buckley are lead contacts for NHS Resolution, while Sarah Erwin-Jones has a strong reputation in the social care arena. James Fawcett handles personal injury litigation brought against local authorities.    

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • 'They have outstanding knowledge and a strong client following in significant clinical negligence claims for a range of NHS Trusts.'
  • 'A team with a strong market following in the most serious and complex clinical negligence claims. Known for their technical expertise and ability to find solutions in high value and sensitive fatal and serious injury claims.'
  • 'Kelly Buckley - fantastic eye for detailed and super organised.'
  • 'Browne Jacobson have an excellent understanding of our needs and work collaboratively with us to ensure that they are met. They are hugely pragmatic and offer high-quality advice in a timely way. In my opinion they represent excellent value for money.'
  • 'Lorna Hardman has a wealth of experience and can always be relied upon.'
  • 'Browne Jacobson are probably the best NHSR Solicitors in the Midlands. They have a number of very talented individuals.'

Key clients

  • Medical Protection Society
  • NHS Resolution
  • Dental Protection Limited
  • Nottingham University Hospitals NHS Trust
  • Walsall Healthcare NHS Trust
  • CNA Hardy
  • Blackpool Teaching Hospitals
  • University Hospitals of Derby and Burton NHS Foundation Trust
  • Essex Partnership University NHS Trust
  • University Hospital of Dorset NHS Foundation Trust

Work highlights

  • Representing Barnsley Metropolitan Borough Council / Municipal Mutual Insurance Limited, to successfully defend a claim that it was vicariously liable for the alleged sexual abuse by a child’s uncle.
  • Advising NHS Resolution, as indemnifier for Sherwood Forest Hospital NHS Trust in a  dispute about whether the Claimant’s injuries were caused by negligence or a genetic condition.
  • Represented NHS Resolution – as indemnifier for Rotherham, Doncaster and South Humber NHS Foundation Trust, in a tragic mental health homicide case where a patient of the Trust (Patient A) was convicted of the murder of a 16 year old girl.

Lawyers

Leading individuals

Sarah Erwin-Jones

Browne Jacobson LLP

With a strong reputation in the social care arena, Sarah is one of our most experienced Partners focusing exclusively on abuse and safeguarding claims. Sarah is noted for her ‘exceptional experience‘ of defending high-profile sex abuse claims in the 2021 Legal 500. Instructed directly and by insurers of : Sports organisations including national governing bodies Faith groups Private education providers Local Authorities She leads on the firm’s children’s social care publications and forums. She has and continues to lead on a number of group actions and is highly regarded for her fairness and expertise in handling claims against Children’s and Adults’ Services Departments; reflected in the fact that many of those who are frequently her opponents have agreed to be referees. She is also the firm’s specialist on redress schemes. She has experience in taking a number of cases to the Court of Appeal and the Supreme Court, and has a particular focus on costs – sitting as a Deputy Costs Master in the SCCO. She led on the Personal Injury Working Group on Historical Child Abuse claims initiative run by Master McCloud.

Next Generation Partners

Kelly Buckley

Kelly Buckley

Browne Jacobson LLP

Kelly is a Partner in the Nottingham NHS Resolution team and has been actively involved in a number of the leading cases included within our submission, in particular [non-publishable matter 1]. Kelly has extensive experience of acting in high value and/or complex clinical negligence claims for NHS bodies including NHS Resolution, NHS Trusts and NHS England along with GPs and privately insured doctors. Kelly has a wealth of understanding of the legal landscape regarding informed consent following her involvement in the leading Court of Appeal case of Shaw v Kovac. She has worked with NHS Trusts and clinicians to provide an insight into this important and developing area of law and medical ethics. See for example our video blog on consent. https://www.brownejacobson.com/health/training-and-resources/training-videos/2018/11/consent-for-clinicians She is one of the team’s mediation champions and has considerable experience of mediating the most complex and sensitive cases. This includes successful resolution of a group action involving multiple patients, a very high value claim where a GP had suffered significant physical harm during childbirth and a teenage suicide case which was covered by BBC’s Panorama programme.

Damian Whitlam

Damian Whitlam

Browne Jacobson LLP

Damian is a Partner in our Nottingham office and acted for the Defendant Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 980 (QB); [2019] 4 WLUK 293 – a case of significance with regard toi anonymity order and secondary victims in psychiatric damages (and cited in the Court of Appeal And commented upon in leading practitioner textbooks). Damian is currently engaged in a project with NHS Resolution and the University of Nottingham seeking to improve complaint responses provided to patients by NHS organisations.   Working with other stakeholders (including the PHSO), it is hoped this will help NHS organisations resolve patients concerns effectively. He leads teams of lawyers advising on claims covering a wide breadth of value and complexity, including particularly claims involving mental health and an ongoing high profile group action.

Practice head

The lawyer(s) leading their teams.

Lorna Hardman

Other key lawyers

Damian Whitlam, James Fawcett, Kelly Buckley, Sarah Erwin-Jones