Personal injury and clinical negligence newsletter - OUT now!

Welcome to our December newsletter 

Welcome to our Personal Injury & Clinical Negligence newsletter, packed full with team news and achievements, and analysis of some recent, interesting cases.

Earlier this year, we congratulated Darren Walsh for his appointment as a Circuit Judge and celebrated with Luke Ashby his appointment as District Judge. The team has welcomed Sharan Sanghera as deputy head of the group. Our group will be expanding further next year and we welcome new tenants' applications.

We report on some of our team members' successes over the past few months, showcasing the breadth of the work we undertake. It's not been just all work and no play and we recall some of the charity events we have been involved in.

Analysis is provided by our members:
- David Kemeny writes a detailed analysis of recent cases relating to the issue of Fundamental Dishonesty.

- Henrietta Hughes analyses the Supreme Court decision in AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16, a decision with far-reaching guidance on the court’s discretion to re-consider a judgment or order before it is sealed.

- Ellena James analyses the case of Islington London Borough Council v Bourous and others [2022] EWCA Civ 1242 in which the Court of Appeal clarified the provisions and limits of the RTA Protocol.

- Last but not least, Paul Newman considers the recent case of Hertfordshire CC v Mother & Father & Others [2022] EWCA Civ 1242 and the duty of experts.

We wish you all a Merry Christmas and a Prosperous and Peaceful 2023.

Darren Walsh and Luke Ashby appointed to the bench and Richard Wheeler appointed member of Attorney General's A Panel

Our team celebrated earlier this year the elevation to the bench of Luke Ashby (pictured left) and Darren Walsh (pictured right).

HHJ Walsh sits on the North-Eastern Circuit, mainly based in Leeds.

District Judge Ashby sits on the Western Circuit at Bournemouth County Court.

Richard Wheeler - personal injury, clinical negligence, public and coronial law barrister, has been appointed a member of the Attorney General’s London A Panel (Treasury Counsel), which took effect from September this year.

Paul Newman called to the Bar of Northern Ireland

3PB personal injury, construction and mediation barrister Paul Newman, was called to the Bar of Northern Ireland by the Lady Chief Justice Dame Siobhan Keegan in the High Court of Northern Ireland on 21 October 2022.

Sharan Sanghera appointed Deputy Head of 3PB's Personal Injury and Clinical Negligence Teams

Sharan Sanghera acts for both claimants and defendants in personal injury and clinical negligence claims. She holds particular expertise in insurance fraud litigation, representing defendants in claims where allegations of dishonesty arise. She has vast trial experience of claims involving opportunistic or staged road traffic collisions, and represents claimants in multi-track claims where
injuries are permanent and life-changing.

Many congratulations, Sharan!

Practice Group Director David Snook celebrates 25 years at 3PB

Practice Group Director for the Personal Injury and Clinical Negligence teams, David Snook recently celebrated 25 years service at 3PB, joining back in July 1997!

Congratulations David!

Join our team!

3PB’s very successful and busy 40-strong, national team of personal injury and clinical negligence barristers are recruiting junior counsel (up to 10 years call experience) to join any of our six UK offices. Applications from groups with a mix of experience led by more senior barristers are also welcome. Click here for more information or contact Practice Group Director David Snook or Head of Group Michelle Marnham.

A review of recent cases on fundamental dishonesty

David Kemeny provides an analysis of some recent FD cases, highlighting some recent trends, in the wake of the ever increasing number of cases since the introduction of Qualified One-Way Costs Shifting (QOCS) in April 2013 and the subsequent passing of the Criminal Justice and Courts Act 2015.

View David's profile here

To reconsider or not to reconsider that is the question?

Henrietta Hughes analyses the Supreme Court case of AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16, a judgment with far-reaching guidance on the court’s discretion to re-consider a judgment or order before it is sealed.

View Henrietta's profile here

RTA Protocol: observe its provisions or bear the consequences

Ellena James analyses the case of Islington London Borough Council v Bourous and others [2022] EWCA Civ 1242 in which the Court of Appeal clarified the provisions and limits of the RTA Protocol.

View Ellena's profile here

Are you sure you've read everything? 

Paul Newman considers the recent case of Hertfordshire CC v Mother & Father & Others [2022] EWCA Civ 1242 and the duty of experts.

View Paul's profile here

3PB Personal Injury and Clinical Negligence team doubles its Legal 500 rankings in 2 years

3PB Barristers congratulated its PI and Clinical Negligence team on doubling its Legal 500 rankings since 2021 to a total of 16 rankings this year across 4 Circuits (London, the Midlands, South Eastern and Western).

The team also achieved a Top Tier ranking for Personal Injury in the South Eastern Circuit and a Tier 2 ranking in the Western Circuit.

Sharan Sanghera on her successful submission relating to healthcare enabled fraud

Sharan Sanghera comments on her recent case where the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist.

Michelle Marnham settles head injury case for £1M+

Michelle Marnham recently secured a settlement in the sum of £1,100,000 in respect of a Claimant who suffered a significant head injury at the age of 17 months, now aged 18.  Quantum issues included the extent of injury, capacity and restriction on earning capacity, which the Court subsequently approved.

3PB personal injury and clinical negligence team fundraises for the CBIT

Our team took part in AGloha at Proud City, London on 13th October, dressed in bright colours, to raise awareness of being seen, not hurt in the dark winter nights on behalf of CBIT. David Snook seen here, with Michelle Marnham and Henrietta Hughes together with guests from RWK Goodman.

Earlier in the year, Charlie Samuel-Smith, along with fellow clerk Sam Collins,

took part in the CBIT ‘What the Dickens?! Treasure Hunt’ round the Inns of Court. Charlie and Sam and teamed up with the lovely Lisa Turan, CEO of CBIT, and others. They all had a fun evening whilst raising funds for CBIT.

Our personal injury and clinical negligence teams have been busy getting out and about sharing their expertise and knowledge

Over the past few months, we've had the privilege of taking part in a number of seminars including the Association of Personal Injury Lawyers South of England group meeting where Richard Wheeler spoke on 'Vicarious liability in the workplace and considering in particular employer's liability for pranks, or harassment at work', and Luke Ashby gave an update on costs and vulnerable individuals and the Court's approach to two developing topics.

Richard Wheeler also spoke on psychological injury claims at The Forum of Insurance Lawyers Round Table.

The Bristol Law Society invited David Kemeny to speak at one of their 'Lunch and Learn' events on an 'Introduction to drafting witness statements in PI/ CN proceedings', which was aimed at junior lawyers, trainees, apprentices, paralegals, legal assistants, secretaries and students.

The Personal Injury and Clinical Negligence team are always open to requests for training and happy to discuss opportunities for 2023. Please contact Practice Group Director David Snook: [email protected] or 01865 793 736. 

3PB members attend Smile4Wessex ball and AVMA gala dinner

3PB PI and clinical negligence barristers attended the Smile4Wessex ball at Norton Park Hotel on 22nd October 2022 and had the pleasure of sharing a table with Julia Prior, Chair of the Charity, along with other members.

The team also had a fantastic evening attending the 40th Anniversary of AvMA gala dinner.

A career at the Bar: promoting diversity through school presentations 

In November Ellena James, Alex Whatley, Grace Nicholls and Emma Southern attended the Poole High School (Ellena’s old school) and gave a presentation about a career at the Bar. This was part of the Western Circuit’s Bar None initiative to increase the diversity at the Bar. Students from Year 11 to sixth formers asked lots of questions and it generated much enthusiasm seeing a real wig and gown.   Ellena, alongside Sam Moore, provided a further presentation at Bournemouth School for Girls in December.

Meet the team

3PB covers the full range of Personal Injury claims including public liability, industrial disease, employers’ liability, armed forces, occupiers’ liability, transport, travel and RTA claims. We act both for employers and employees in relation to industrial accidents, industrial disease (including asbestos related and other respiratory diseases, carcinogens, noise induced hearing loss and work related upper limb disorders) assaults at work and claims involving psychological injury through harassment, bullying and stress at work.

3PB’s clinical negligence team offers specialist expertise across the full spectrum of clinical negligence claims and related areas, including litigation against surgeons and hospital physicians, general practitioners, dental surgeons, nurses and midwives, other healthcare specialists and in claims involving related issues of defective implants, and other medical devices and blood and organ products.