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  1. Clinical negligence: defendant
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Niche healthcare firm, Capsticks is a major provider of legal services to the NHSLA. The team is ‘very commercial’, and ‘knows what is required and does it in a cost-effective manner’. Client wins in 2011 include the Medical and Dental Defence Union of Scotland, and medical malpractice insurers Allied World and NewLine. The firm has seen significant growth in its inquests practice; Robert Wilson represented the London Ambulance Service in the seven-month inquest into the London bombings, and Peter Marquand and Philip Hatherall represented the same client in the inquest into the death of Tom Inglis.

DAC Beachcroft LLP has a strong and highly rated national team, headed from the Bristol office by the ‘hugely experienced’ Nigel Montgomery. It has one of the largest portfolios of work for the NHSLA, including several complex group actions, and the firm features a nominated NHSLA partner at each of the Bristol, Winchester, Leeds and Newcastle offices. The breadth of experience in the team is also illustrated by its non-NHSLA client list, which includes the MDU, private healthcare providers such as Spire and the Priory Group, and medical malpractice insurers such as Allianz, QBE and Zurich.

Bertie Leigh heads Hempsons’ considerable defendant team, which includes ‘a lot of good solicitors’. Nadya Wolferstan and John Holmes are ‘a delight to work with’, and Rachel Kneale is always ready to provide ad hoc advice. The firm has been instructed by the NHSLA since the authority’s inception. Its work in 2011 included acting for Royal Brompton Hospital in judicial review proceedings relating to the consultation process regarding changes to paediatric congenital cardiac services. In addition, Leigh acted for the trust in the Supreme Court case Rabone v Pennine Care NHS Trust.

Kennedys has a strong, broad client base. It is on panel for the NHSLA and the MPS, and acts for private hospital groups such as Nuffield, as well as for numerous medical malpractice insurers. The team attracts a wealth of positive feedback. It is ‘an excellent firm which is not unnecessarily confrontational’, with a ‘pragmatic approach’. Practice head Janet Sayers is an ‘excellent leader’, both ‘approachable’ and ‘organised’, and maintains ‘excellent client relationships’. Christopher Malla is ‘dedicated’ and ‘passionate about healthcare’, and has ‘excellent judgement’. Solicitors Ed Glasgow and Katie Tonks are recommended; Glasgow is ‘hardworking’ and ‘tenacious’, and Tonks is ‘a partner of the future’.

Bevan Brittan LLP has increased its market share in recent years, particularly in relation to NHSLA work. It is well respected in the market, and performs well for its clients, both professionally and in terms of cost. Matthew Trinder’s team is ‘easy to work with’ and has ‘outstanding knowledge’. An ‘impressive’ performer, Trinder successfully defended a £14m cardiology case in 2011. Also recommended are the ‘outstanding’ Joanne Easterbrook, for cases involving mental health issues; the ‘incredibly clever’ Penelope Radcliffe, for obstetric cases; and Nadia Persaud, for inquests. Associate Catherine Radford also ‘stands out’.

Clyde & Co LLP’s merger with Barlow Lyde & Gilbert LLP has added a greater international dimension to the practice, as well as giving the team access to a greater range of insurance clients. The firm acts for ACE (a recent entrant into the market), the NHSLA, the MPS and the MDU. The ‘calm and reassuring’ Claire Petts heads the team, and in 2011 led in the Court of Appeal case of Marcus v Medway, now a leading authority on costs. The firm ‘compares well with other clinical negligence firms’.

Headed by Rena Field, Weightmans LLP has a well-respected national practice with strong links to the NHSLA, and provides ‘excellent advice’ and a ‘very quick response’. Field represented the NHSLA in the Mid Staffordshire Hospitals Inquiry. The firm is instructed on the defence of a number of group actions, including the E. coli claims against Godstone Farm, and the Bristol paediatric cardiac claims. Medical malpractice clients include Chartis, WR Berkley, and Zurich. Sarah Ellington and Tony Yeaman are recommended for defence work, and Kiran Bhogal for inquests.

Gary Allison leads an ‘excellent’ team at Berrymans Lace Mawer LLP which is ‘exceptional at all levels’, and has ‘sound judgement’: ‘a highly reliable and dedicated unit’. The firm acts for the MPS and DPL, FODO (the trade body for optometrists), and the RCN. It is arguably the most impressive performer of the non-NHSLA firms, in terms of both positive market feedback and claim values.

Peter Fitzpatrick heads the team at Nabarro LLP, which is instructed by the MDU and the DDU, on litigation and advisory matters. It handles a broad range of instructions, with complex and high-value cases on the increase. Fitzpatrick is recommended for high-end cases.

The ‘excellent’ Dorothy Flower heads a team at RPC whose depth of knowledge and insurance sector experience make it a ‘first choice for complex and large-value claims’. The practice includes inquests and cross-jurisdictional work, and clients include reproductive health care providers and advisers, the MPS, the RCN and various Lloyd’s underwriters.

Led by Tracy Sell-Peters, Fishburns LLP is instructed by the MDU, and by medical malpractice insurers such as WR Berkley. Jonathan Bonser, previously with the MPS, has joined as a consultant.

Sian Davies’ medical malpractice team at Plexus Law is instructed by insurers such as QBE and RSDA, and by private healthcare providers including Nuffield Health.

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