Naomi Rees

Year of Call: 2006
Email Address: naomi.rees@3pb.co.uk
Telephone: 0117 928 1520

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Overview

Naomi Rees is a clinical negligence and personal injury specialist within chambers. Her practice encompasses all elements of litigation and advisory functions, but additionally related aspects of this area of law including inquests, court of protection work, regulatory work and costs.

Within her clinical negligence practice Naomi has advised upon claims involving failures in dental treatment, emergency treatment, unnecessary procedures and failure to diagnose. In dealing with quantum matters, Naomi’s experience has dealt with all Orthopaedic injuries, particularly spinal and limb injuries, head injuries and dental injuries and treatment Naomi has a particular specialism in dealing with claims involving scarring and burns.

Naomi undertakes the full range of all work from advising on prospects and quantum, drafting and advocacy through to trial. Naomi undertakes a significant amount of road traffic accident work and has a particular interest in motorcycle accidents. She is frequently called upon to advise and to conduct trials including allegations of fraudulent behaviour. Naomi’s road traffic cases are often accompanied by credit hire matters. Naomi has a busy practice in cases of employer’s liability, occupier’s liability, liability arising out of school-based accidents for children and in dealing with accidents abroad. Naomi’s practice also includes industrial disease work including noise Induced hearing loss claims and asbestos-related diseases.

Expertise

  • Personal Injury
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    Naomi is a personal injury specialist within chambers. Her practice encompasses all elements of litigation and advisory functions, but additionally related aspects of this area of law including inquests, court of protection work, regulatory work and costs.

    Liability 

    Naomi has expertise in:

    • Road Traffic Accidents
    • Motorcycle Law
    • Occupiers' Liability (for example playgrounds, hospitals, schools, salons, retail premises)
    • Workplace Regulations (Manual Handling, Operations etc.)
    • Employers’ Liability
    • Defective Machinery
    • Trip/Slip Claims
    • Highway Matters
    • Accidents at School
    • Travel claims

    Quantum 
    Naomi regularly advises on quantum issues and deals with all matters of pleadings including complex schedules of loss incorporating future care claims, future treatment, loss of earnings, loss of pensions, loss of congenial employment and Smith v Manchester awards.

    Quantum expertise encompasses:

    • Orthopaedic Injuries and associated treatments including spinal decompression, open reduction and internal fixation, prolapses, strains
    • Psychological trauma, including PTSD, anxiety, depression and adjustment disorder
    • Chronic pain and Fibromyalgia
    • Ophthalmic injuries – including sympathetic ophthalmia, Macular degeneration and trauma injuries
    • Dental injuries
      Campylobacter, e coli, gastrointestinal cases (food poisoning)
    • Myofascial pain (and CMP)
    • Bowel dysfunction
    • Respiratory disease and associated illnesses
    • Gynaecological illnesses and sexual dysfunction

    Notably, Naomi has appeared in the following cases:
    Represented a client sustaining open book fracture of the pelvis and other serious injury following a fall from her flat through a skylight and into the premises of a bank below. Naomi negotiated a significant settlement for the Claimant at the joint settlement meeting which included a considerable claim for future care and loss of earnings

    Naomi successfully defended a school policy to use indoor gym mats as part of a game of rounders in a case where the Claimant had sustained head injury and brain damage following a fall.

    Obtained a successful result for a Claimant who slipped and sustained a nasty shoulder injury at a large national UK holiday resort.

    Represented the Claimant employee of a leisure centre who the Court found had not been given proper training in setting up trampoline equipment leading to lifelong dental treatment and facial scarring

    In a split trial, Naomi successfully acted on behalf of a Claimant against a local authority in a case where the Claimant contended that the layout of a communal block of flats caused a foreseeable risk of harm.

    Naomi advised the Claimant on a six figure settlement in a case where liability had been established following the Claimant being kicked in the face by a horse whilst at work. The Claimant required facial plating, intensive dental treatment and received a significant future loss of earnings award.

    Representing the Defendant motorcyclist, Naomi secured a finding of no liability against her client following a contentiously fought trial which turned on intricate and detailed findings of fact based upon speed of the vehicles involved.

    Naomi represented a child Claimant who developed alopecia and post traumatic stress disorder following a road traffic accident.

    Dental Claims 
    Naomi has a particular interest in dental claims arising through personal injury and through negligent dental treatment.

    Dental cases of interest have included:
    Quantum matter assessing future cost of treatment after a child Claimant had fallen off his skateboard on account of a pothole. The child Claimant required intermediary dental work, crowns and replacement implants for life.

    The Claimant suffered negligent dental treatment over a prolonged period under the care of one dentist. Subsequent dental treatment revealed decay which could have been avoided with proper dental care. The Claimant was left with lost teeth requiring implant replacements for life.

    Fraud 
    Naomi is frequently called upon to advise in fraudulent insurance matters including:

    • Exaggerated claims
    • Staged Accidents
    • Low Velocity Impact
    • Phantom Passenger Claims

    Naomi has an excellent understanding of the strategies involved in the above types of cases and has lectured on the topic as a whole, and upon recent updates in the law of this area, including costs consequences flowing from fraudulent claims. She provides robust pleadings and provides sensible and comprehensive advice. Naomi is frequently called upon to advise in conference upon these matters and to forensically identify inconsistencies and discrepancies in the evidence.

  • Clinical Negligence
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    Naomi’s particular interest is in clinical negligence claims where she has developed a reputation for her robust and precise pleadings and her ability to synthesize complex medical facts and circumstances with excellence.

    She is particularly adept at handling expert witnesses within the litigation setting and to advise upon expert reports and Part 35 questions.

    Naomi advises upon the issues of breach and consent, causation, quantum and has advised upon and argued limitation issues.

    Naomi has considerable experience of clinical negligence law having worked previously within the leading team at Kingsley Napley LLP before coming to the Bar. Naomi’s expertise in clinical negligence is:

    • Spinal Injuries – including failure to diagnose disc prolapse leading to emergency decompression surgery and stabilization at a more advanced stage of spinal degeneration
    • Nerve injuries – Primarily nerve degeneration injuries as a result of ENT (injury to the accessory nerve compromising shoulder function)
    • Hypoglossal nerve palsy
    • Gallbladder/Appendix – delayed diagnosis, failure to treat and causation arguments
    • Deep Vein Thrombosis (and Pulmonary Embolism) – delayed diagnosis, management and treatment arguments.
    • Orthopaedic - Failure to diagnose (Scaphoid, ankle, heel and knee injuries) Failure to remove metalwork
    • Negligent Orthopaedic surgery (e.g. incorrect internal screw placement leading to increased future risk of degeneration)
    • Failure to provide venous thromboembolism prophylaxis (VTE) following surgery, leading to pulmonary embolism (PE)
    • Staphylococcus infection following surgery leading to osteomylitis and below knee amputation
    • Vascular – Failure to manage diabetic foot treatment leading to amputation
    • Neglect – especially in cases involving elderly/vulnerable persons within the hospital environment encompassing issues of consent, pressure sores and inpatient falls
    • Obstetrics – mental anguish and pain arising out of C-section delivery with insufficient anaesthetic
    • Obstetrics – failure to diagnose and/or treat ectopic pregnancy with resultant salpingectomy/salpingotomy and future risk of adhesions and reduced fertility
    • Ophthalmic Injuries – delay in the treatment of Wet Age Related Macular Disorder (Wet AMD) leading to no useful vision remaining in one eye and a risk of future total blindness
    • Oncology - Misdiagosis of cancer/delay in diagnosis and treatment
    • Dental negligence – including retained roots, negligent detal treatment, failure to diagnose and/or treat periodontal disease, unnecessary treatment.

    Naomi has additionally had the opportunity of assisting with cases involving:

    • Birth Injuries involving a multi-million pound settlement
    • Meningitis - leading to brain injury of a young child.

    Naomi’s commitment to clinical negligence and medical law is demonstrated by her membership of AvMA (Action against Medical Accidents) and her inclusion in their panel of barristers.

    Naomi is a personal injury and clinical negligence specialist within chambers. Her practice encompasses all elements of litigation and advisory functions, but additionally related aspects of this area of law including inquests, court of protection work, regulatory work and costs.

    Inquests 

    Naomi has significant experience of the Coroner’s Court, representing properly interested persons, including families, charitable bodies, public bodies and other lay parties to the proceedings.

    Inquests of note have included:

    • Naomi undertook a secondment with Field Fisher, Official Solicitors to the inquests being conducted by Lord Justice Goldring into the Hillsborough Stadium Disaster, to assist with the disclosure exercise
    • Inquest touching on the death of a marathon runner who died of an ischaemic bowel through dehydration following taking superosmolar sports supplements and ibuprofen
    • Multiple mesothelioma/asbestosis-related inquests
    • Inquest touching on the death of a female who died of deep vein thrombosis and heart condition having suffered a fall at a leading supermarket
    • Multiple RTA inquests including a double inquest touching on the death of a motorcyclist and driver of a 4x4 and inquest into the death of a motorcyclist who died following a collision with a recovery vehicle.

    Industrial Diseases 

    Naomi has developed a specialism in relation to asbestosis, mesothelioma and associated conditions where she advises in relation to limitation issues, breach, causation and quantum.

    Additionally Naomi frequently advises in matters of noise induced hearing loss where she has an in-depth understanding of the "Coles Guidelines" and advises in relation to limitation, breach, causation and quantum.

    Multi-Jurisdictional Work 

    Having achieved the top first class mark in the Conflicts of Laws (Private International Law) at University, Naomi has always had a keen interest in multi- jurisdictional law and in claims arising out of accidents/negligence abroad.

    She has expertise in dealing with claims with an international element and has been instructed in this complex area of law in cases involving jurisdiction issues (where to bring the claim) and choice of law disputes (which law applies to a particular dispute). Naomi has also dealt with cases proceeding under the Motor Insurance Directives.

    Naomi has acted for clients in Jersey.

    Procedural Matters and Costs 

    Naomi has advised on issues relating to limitation, technical issues relating to Part 36 offers and their enforceability, amendments to statements of case, summary judgment applications, abuse of process arguments and she has in in-depth knowledge of the costs budgeting process.

Recommendations

‘Very congenial and meticulous.’

Legal 500 2017/Regional Bar - Western Circuit, Personal injury and clinical negligence – Leading juniors

Academic qualifications

  • LLB (Hons) University College London (UCL)
  • BVC BPP Law School London

Professional bodies

AvMA (Action against Medical Accidents)
Personal Injury Bar Association (PIBA)
Western Circuit