Firms To Watch: Clinical negligence: defendant

Tracy Sell-Peters joined the Keystone Law team from DWF in July 2022, and is known for representing healthcare professionals and insurers in a range of medical negligence claims, and providing early stage medico-legal guidance.

Clinical negligence: defendant in London

Capsticks LLP

Catherine Bennett and Peter Marquand co-lead the ‘fantastic’ clinical negligence team at Capsticks LLP; NHS Resolution is a key client, and the team has maintained its position on the Clinical Negligence Scheme for Trusts and Clinical Negligence Scheme for General Practice panels. The firm has also developed a medical malpractice team representing insurers in claims regarding private surgeons, clinics and hospitals. The team is proactive in engaging with innovative solutions for its clients, from training staff in mediation, to working with the NHS to develop its Early Notification birth injuries scheme. Majid Hassan specialises in claims against GPs, and is extending the team’s expertise regarding private healthcare work. Tamara Knight is particularly experienced regarding multiparty sexual assault claims, alongside psychiatric injuries and fatal claims. Philip Hatherall is another key contact.

Practice head(s):

Peter Marquand; Catherine Bennett


Other key lawyers:

Philip Hatherall; Ed Mellor; Cassius Box; Majid Hassan; Rebecca Richardson; Gerard Aston; Helen Thackwray; Georgia Ford; Tamara Knight; Charlotte Millar; Ruth Day


Testimonials

‘Capsticks continues to provide an excellent service nationally to defendants facing clinical negligence claims.’

‘Majid Hassan is a particularly impressive practitioner with extensive experience of the interface between clinical negligence and sport, and great commercial awareness.’

‘In my view, Capsticks are the best NHS defendant panel firm bar none. They are extremely well led by Peter Marquand and he has recruited brilliantly. This means that the various teams work efficiently and are well supervised against a background of unrivalled experience in the health litigation field.’

‘Cassius Box is hugely experienced, astute and has excellent judgment. Gerard Aston is a superb supervisor and team leader who gets the best out of those around him.’ 

‘Excellent legal and clinical knowledge. Efficient and calm. Fantastic and well-deserved reputation and a great team to work with for all manner of clinical negligence allegations.’

‘Professional and knowledgeable, the individuals I work with are always on top of the job, able to contribute usefully on all aspects and excellent to work with. Special mentions to Charlotte Millar (a tireless worker with formidable intellect) and Cassius Box (likewise).’

‘This is one of the foremost practices in the healthcare sector for defendants. They have been in the field for years and have commensurate experience.’

‘Attentive, responsive, adaptive.’

Key clients

NHS Resolution


Imperial College Healthcare NHS Trust


BRIT Insurance


James Paget University Hospitals NHS Foundation Trust


London Ambulance Service NHS Trust


Frimley Health NHS Foundation Trust


MDDUS


Chelsea and Westminster Hospital NHS Foundation Trust


Essex Partnership University NHS Foundation Trust


Howden Specialty Insurance


Axis Insurance


Royal National Orthopaedic Hospital NHS Trust


Western Sussex Hospitals NHS Foundation Trust


Ramsay Healthcare


Royal Brompton and Harefield NHS Foundation Trust


South West London and St George’s Mental Health NHS Trust


South East London CCG


Surrey and Sussex Healthcare NHS Trust


East and North Hertfordshire NHS Trust


Maidstone and Tunbridge Wells NHS Foundation Trust


East Sussex Healthcare NHS Trust


Essex Partnership University NHS Foundation Trust


Fairfield Independent Hospital


Hertfordshire Community NHS Trust


Hertfordshire Partnership University Foundation Trust


Milton Keynes University Hospitals NHS Trust


North Middlesex Hospital NHS Trust


North West Anglia NHS Foundation Trust


Oxleas NHS Foundation Trust


Brighton and Sussex University Hospitals NHS Trust


Camden and Islington NHS Foundation Trust


Central London Community Healthcare NHS Trust


East of England Ambulance Service NHS Trust


London North West University Healthcare NHS Trust


Newline Group


Axis Capital


Beazley Group


Epsom & St Helier University Hospitals NHS Trust


Croydon Health Services NHS Trust


Work highlights


  • Successfully defended a case relating to prioritisation of patients for an NHS Trust at trial.
  • Successfully defended a multi-million pound birth injury claim for an NHS Trust at trial.
  • Advised NHS Resolution and Maidstone and Tunbridge Wells NHS Trust on the compensation scheme for the victims of David Fuller, the maintenance technician who abused corpses in the hospital mortuary.

Clyde & Co

Claire Petts leads the healthcare team at Clyde & Co ‘with tremendous energy'; her particular expertise lies in brain injury and obstetric claims of maximum severity. Sam Holden specialises in work for NHS Resolution, with experience in complex Court of Protection matters. The team also has extensive experience in regulatory mandates, as illustrated by senior associate Ben Shoebridge's work with the General Dental Council and the Nursing and Midwifery Council. Robert Wilson specialises in medical malpractice defence litigation and inquests, in particular complex, high-value brain injury claims. The team has notable experience in developing areas such as secondary victims claims and cases pursued under the Equality Act 2021 – according to one client ‘they are simply excellent at what they do’.

Practice head(s):

Claire Petts


Other key lawyers:

Rob Wilson; Ben Shoebridge; Sam Holden; Elizabeth Broadley; Sheryl Gearing


Testimonials

‘The firm stands out as each member of the team is very well organised and always on top of all of the material. Whoever is assigned to the case, clients can be sure that they are getting a 5-star service.’

‘Claire Petts leads the team in London with tremendous energy.’

‘Their key strength is superb sector knowledge.’

Key clients

Ashford & St Peter’s Hospitals NHS Foundation Trust


East Kent Hospitals University NHS Foundation Trust


Hillingdon Hospitals NHS Foundation Trust


Kent and Medway CCG


NHS Resolution


MPS


Hiscox


Royal College of Nursing


Berkshire Hathaway International Insurance Ltd


MDDUS


Premium Medical Protection


Spire Healthcare


Virgin Health


BMI Healthcare


Chubb


Zurich


RSA


Work highlights


  • Successfully defended a dentist in a novel claim under the Equality Act 2010.
  • Successfully acted on behalf of NHS Resolution and the defendant Trust in the defence of a secondary victim claim which was arising out of a fatal clinical negligence case.
  • Advising NHS Resolution and a Trust on the successful rebuttal of a challenge to areas of quantum case law.

Kennedys

The clinical negligence team at Kennedys is singled out by one client as ‘an excellent firm which provides a first-class level of service‘. Christopher Malla, praised for his ability to ‘find innovative solutions‘, heads up the practice, and is currently advising NHS Resolution on the management and coordination of Covid-19 claims. London is the hub for the firm’s wider global healthcare practice, and has notable experience in early dispute resolution on behalf of NHSR; Ed Glasgow leads on the group's work with the Early Notification Scheme for birth injuries. 'Excellent litigator' Nico Fabri leads on work for private healthcare providers, insurers and individual healthcare practitioners.

Practice head(s):

Christopher Malla


Other key lawyers:

Nico Fabri; Ed Glasgow; David Froome; Claire West; Irene Taylor; Louisa Moore; Daniel Freeman


Testimonials

‘Kennedys have a strong background in providing clear advice and possessing individual lawyers of ability.’

‘An excellent firm which provides a first-class level of service to its clients. All practitioners see the big picture and think strategically.’

‘Kennedys has several offices which enables them to pool expertise and enhance the quality of their advice by sharing experience. They have long experience in the sector and a talented group of lawyers who work well together under strong leadership.’

Key clients

NHS Resolution


East Suffolk & North Essex NHS Foundation Trust


Mid and South Essex Hospitals NHS Foundation Trust


Royal Surrey County Hospital NHS Foundation Trust


Royal Berkshire Hospital NHS Foundation Trust


Medway NHS Foundation Trust


West Hertfordshire Hospitals NHS Trust


Barts Health


The Princess Alexandra Hospital NHS Trust


North East London NHS Foundation Trust


South East Coast Ambulance Service NHS Foundation Trust


Sussex Partnership NHS Foundation Trust


Medway Community Healthcare


Wiltshire Health & Care


Department of Health & Social Care


Spectrum Community Health CIC


Kent and Medway NHS and Social Care Partnership Trust


Tyneside Surgical Services


The Orthopaedics and Spine Specialist Hospital


KIMS Hospital


The Business Services Authority


Parkside Medical Centre


Omnes Group Limited


52 Alderley Road LLP


MPLC


CAN Hardy


Spire Healthcare


Allied World/Nuffield Health


Beazley


Ironshore


Accelerant


Ramsay Healthcare


BMI Healthcare


Hospital of St John and St Elizabeth


King Edwards VII’s Hospital


Incision


Chartered Society of Physiotherapy


Liberty Insurance


Hiscox


Zurich


Work highlights


  • Instructed by NHS Resolution to provide ongoing advice on the management and coordination of civil claims arising from the Covid-19 pandemic.
  • Instructed by NHS Resolution to advise on a new ADR initiative.
  • Instructed by CNA Hardy to defend a case for an insurer in which strategy needed to be negotiated with the co-defendant before putting best arguments forward to the claimant.

Bevan Brittan LLP

Bevan Brittan LLP’s team of ‘supremely experienced clinical negligence lawyers’ acts for NHS Trusts and private medical insurers in the London region. The team specialises in the interplay between human rights and clinical negligence in mental health matters, an area in which team lead Joanne Easterbrook has notable expertise. It works closely with NHS Resolution on cases involving birth injuries, and is also involved with the Early Notification Scheme. Dan Morris has particular focus on emerging clinical risk arising from digital health, AI and medtech development, while senior associate Penelope Radcliffe has standout experience in high-value cerebral palsy claims.

Practice head(s):

Joanne Easterbrook


Other key lawyers:

Julie Charlton; Penelope Radcliffe; Esther Evans; Verity Danziger; Catherine Radford; Dan Morris


Testimonials

‘Bevan Brittan have a team of supremely experienced clinical negligence lawyers who provide a rare combination of absolute efficiency, good judgement, outstanding legal knowledge and the ability to apply it together with a sensible attitude conducive to getting the best possible result in every situation. Truly at the top of the tree.’

‘Good sense, excellent legal knowledge and the ability to apply it, very efficient but also thoughtful and responsive to their clients’ needs and feelings. Special mentions to Julie Charlton, Joanne Easterbrook, Penelope Radcliffe, Catherine Radford.’

‘In London, Bevan Brittan has an excellent relationship with a number of NHS trusts, medical defence organisations and private hospital groups and specialises in medical liability and regulatory cases involving doctors, dentists, and other health professionals. It provides, I believe, an excellent service to each.

‘The team has good experience and expertise of the medical issues underlying claims and prides itself on giving its clients early, sensible and realistic advice.  It is clear that the team’s expertise and efficiency is highly valued by both its institutional and individual healthcare clients.’

‘Julie Charlton is an excellent lawyer with good judgment. She also has excellent client care skills. I have been very impressed with her strategic and tactical skills.’

‘Esther Evans is very experienced and dedicated. She has good judgment and client care skills.  However, her excellent client care skills do not prevent her giving difficult advice when it is necessary.’

‘Bevan Brittan build excellent relationships with the client and take care to communicate with them throughout the claims process. They listen to the client’s concerns and address them in a timely and considerate manner. You always feel that you are getting a personalised service from someone who actually cares about the outcome.’

Key clients

NHS Resolution


MedPro


The Royal Free London NHS Foundation Trust


Guys & St Thomas’s NHS Foundation Trust


West London Health NHS Trust


C.N.A Hardy


St George’s University Hospitals NHS Foundation Trust


Homerton NHS Foundation Trust


Allied World Assurance Company


The Whittington Health NHS Trust


Berskshire Hathaway


South London & Maudsley NHS Foundation Trust


DAC Beachcroft LLP

DAC Beachcroft LLP’s clinical risk team is led by Simon Perkins, Simon Wortley, Rachel Roberts-Jenkins, Nigel Montgomery and David Roberts from their bases across the country. Acting for the NHS, MDU and private healthcare providers, the team is ‘friendly, approachable and very commercially minded’. The wider firm’s international reach is ‘a bonus for clients who have international policyholders’; notably, the team recently successfully argued in the Supreme Court that German law should apply in a contribution claim regarding a hospital in Germany and a British midwife, clarifying the law on contribution claims. The team also has notable expertise regarding fundamental dishonesty work and anti-fraud measures.

Practice head(s):

Simon Perkins; Simon Wortley; Rachel Roberts Jenkins; Nigel Montgomery; David Roberts


Testimonials

‘Commercial perspective is strong which supports overall proposition.’

‘Industry sector knowledge and client focus.’

‘Large team, with good levels of different seniority. Means you can find somebody appropriate to defend a claim. Their international links are definitely a bonus for clients who have international policyholders.’

Key clients

Circle Health Group


HCA International Ltd


Medical Defence Union


Dental Defence Union


Schoen Clinic UK


Teladoc Health UK


Elysium Healthcare Ltd


Priory


Cygnet


NHS Resolution


Florence Nightingale Hospital


Insurance Corporation of the Channel Islands


Newline Group


WR Berkley


Allied World Assurance Company


Zurich


Beazley


Royal Sun Alliance


Alliance Medical Indemnity


Renaissance Re


CFC Underwriting


Markel


Everest Re


Corvelia


CNA Hardy


Evodental


Marsh McLennan


AMMA Assurance (Belgium)


Medical Professional Liability Co. (MPLC)


Watson Tower Wilson


Intereurope AG


Aon UK


Hill Dickinson LLP

Rebecca Hunt and Janet McWhinney co-lead the health litigation team at Hill Dickinson LLP, with particular experience regarding catastrophic neurological injury and GP claims, respectively. The team members ‘have their finger on the pulse and are up to date with current knowledge’, particularly in regards to mediation and ADR. The firm is also heavily involved with the ongoing development of the NHS Early Notification Scheme – an area in which legal director Rohana Abeywardana has specialist knowledge. Claims arising from care provided in the aesthetic sector are also a strength for the team, as well as formal and informal group actions.

Practice head(s):

Janet McWhinney; Rebecca Hunt


Other key lawyers:

Iwan Thomas; Clifford McCormack; Amy Moylan; Lydia Shelton; Rohana Abeywardana


Testimonials

‘Very experienced lawyers, well supported by the partnership team, and a cut above the average panel firm for defendant clinical negligence.’

‘Rebecca Hunt is an extremely experienced practitioner with impeccable judgment and a proactive, realistic approach to cases. Iwan Thomas is an astute and efficient lawyer. Clifford McCormack is an extremely thorough and efficient lawyer in the most complex and highest value quantum cases.’

‘Rohana Abeywardana is an expert in his field and my trusted go-to lawyer. He is always my first point of contact for all things healthcare law-related; he is incredibly personable, meticulous, measured and always finds a solution for any problem.’

Key clients

NHS Resolution


Work highlights


  • Defended a high-value claim at trial resulting in a discontinuance and costs recovered.
  • Resolved a sensitive case using ADR.
  • Obtained a wasted costs order against a firm of claimant solicitors for failing to comply with procedural requirements for bringing a claim under the Fatal Accidents Act.

Weightmans LLP

Weightmans LLP’s ‘team of dedicated hard-working lawyers’ acts for both NHS Trusts and insurers on high-value, complex cases. Rachel Kneale leads the team, standing out for her ‘excellent grasp of quantum issues’. Chris Dexter joined the team from BLM in October 2022, and leads the team’s focused GP offering, including offering training on risk reduction and a 24-hour GP phoneline. ‘Outstanding’ legal director Isobel Michie is also recommended. The team has particular experience regarding group claims, and is currently instructed on claims nationally arising from the exposure of pregnant women to sodium valproate. It also has a notable focus on mediation and ADR, and is involved with NHS Resolution’s ongoing Change of Culture project.

Practice head(s):

Rachel Kneale


Other key lawyers:

Warren Forsyth; Isobel Michie; Paul Thomson; Peter Cutler; Sonia Morgan; Chris Dexter; Rosalind Bird


Testimonials

‘Weightmans have a long history of involvement with clinical negligence and healthcare and they provide a well-rounded approach to every case.’

‘Very good defendant clinical negligence team.’

‘Isobel Michie is outstanding. Very calm, very knowledgeable and very sensible.’

‘Rachel Kneale stands out for her excellent grasp of quantum issues.’

‘Very responsive, high quality advice, professional, helpful.’

‘A team of dedicated hard-working lawyers who strive to provide an excellent service to their clients.’

‘I would particularly highlight Isobel Michie and Rosalind Bird who both bring great professionalism to their cases.’

‘The Weightmans team have been really supportive of our needs. The team are friendly and willing to help. They are also fast acting and when I email them with instructions they are prompt in getting a response back. The quality of work is also exceptional and we have not had any issues with anything they have done for us.’

Key clients

Maidstone and Tunbridge Wells NHS Trust


East of England Ambulance Service NHS Trust


Royal Orthopaedic Hospital NHS Trust


United Lincolnshire Hospital NHS Trust


Wye Valley NHS Trust


Royal Wolverhampton NHS Trust


Browne Jacobson LLP

‘Fearsome litigator’ Matthew Trinder leads the team at Browne Jacobson LLP, bringing his expertise regarding neurosurgical, genetics, screening and pathology issues to the group. The team has recently taken on GP indemnity work with NHS Resolution, as well as continuing its existing panel appointment. It also works with independent healthcare providers, and offers specialist teams in primary care, dental, spinal, mental heath and ambulance claims. It is experienced in handling multiparty claims, and those in which consent is a central factor. ‘Highly efficient and effective associate’ Guyanne Saul is also recommended.

Practice head(s):

Matthew Trinder


Other key lawyers:

Guyanne Saul; Jennifer Baker


Testimonials

‘Browne Jacobson are a strong team with strength and depth of knowledge. The papers are well prepared and the issues carefully thought out. They are proactive and user friendly.’

‘The individual practitioners are all bright and capable. They have a good handle on the issues and know their area of the industry really well. They are empathetic with clients but have the ability to point out flaws in the case to clients without offending.’

‘Responsive and proactive in engaging in early dispute resolution.’

‘A team of real specialists in this field with a devoted following amongst the NHS Trust and private insurer clients who instruct them. Strength in depth across the board of clinical negligence work including the highest value, most sensitive and technically challenging claims.’

‘Matthew Trinder is a fearsome litigator, and Guyanne Saul is a highly efficient and effective associate.’

‘Browne Jacobson have an extremely strong team of associates who are, without exception, personable, dedicated and hard working.’

‘Matthew Trinder has been amazing. Very hardworking, understanding, honest, conscientious and considerate.’

‘Browne Jacobson have for many years provided a comprehensive legal service. Their strength lies in their unfailing ability to match the size of their workforce to the individual needs of the trust. I have not known a situation arising where they have been unable to provide prompt comprehensive advice.’

Key clients

Medical Protection Society (National)


NHS Resolution (National)


Dental Protection Limited (National)


Nottingham University Hospitals NHS Trust (Midlands)


Walsall Healthcare NHS Trust


CNA Hardy


Blackpool Teaching Hospitals (North West)


University Hospitals of Derby and Burton NHS Foundation Trust


Essex Partnership University NHS Trust


University Hospital of Dorset NHS Foundation Trust (South West)


RPC

RPC’s medical and life sciences team is led by Dorothy Flower. Sian Morgan specialises in complex multiparty claims, while James Davies has particular experience in sports-related brain injuries. The team also has notable expertise regarding claims with international elements. Clients include private hospitals, cosmetic surgery groups, fertility clinics and home carer services, with standout experience regarding reproductive healthcare and fertility services. Team members deal with the full range of related proceedings for their clients, including inquests and regulatory body investigations.

Practice head(s):

Dorothy Flower


Other key lawyers:

Sian Morgan; Florence Page; James Davies; Genevieve Isherwood


Testimonials

‘An incredibly knowledgeable team with fantastic client care. The defence has been thoroughly investigated and thought through before input is requested from counsel.’

‘Sian Morgan is intuitive, incredibly knowledgeable and delivers fantastic client care. Able to manage complex cases and look at issues from all angles.’

‘I have been consistently impressed with the service from the clinical risk team – professional, approachable, responsive, proactive, clear and thorough.’

‘I don’t know of a firm that has such a range of talented solicitors, which stretches across both their Bristol and London offices. The team is thorough and will often try to nip cases in the bud quickly, with a good track record of sniffing out spurious or weak claims and ensuring they do not go past the response stage. A superb firm.’

‘Sian Morgan is highly personable and an excellent team leader. Always keen to put up a good fight for her client.’

‘James Davies is very personable and knows his subject. James gets the brokers’ perspective as well, which is a standout quality.’

‘Genevieve Isherwood is someone who really gets the insurance industry and knows when a commercial deal makes sense. Very intelligent and, as with most RPC solicitors, very personable.’

Key clients

Avenues Healthcare Ltd


Axis


Beazley


CNA Hardy


Corvelia


Exemplar Healthcare


GTD


HCRG Care Group Limited


Hiscox


MS Amlin


MYA Clinics Ltd


QBE


Renaissance Re


Royal Hospital for Neuro-Disability


Royal Sun Alliance


Spire Healthcare plc


18 Week Support


Work highlights


  • Advising CNA Hardy and their insured on the alleged negligence of a GP resulting in a fatality.
  • Acting for insurers and their insured in the defence of a claim arising from the death of a 44-year-old patient.
  • Defending an orthopaedic surgeon against two claims of negligence during surgery, resulting in the need for further revision surgery and a poor functional outcome.

CMS

The CMS defendant clinical negligence team ‘complement each other well and have good leadership from senior members’. Yvonne Screene leads the team, with experience dealing with high-profile and sensitive claims, as well as representing clinicians at inquests and in professional disciplinary investigations. The team has longstanding relationships with the Medical Defence Union and the Dental Defence Union, and is experienced in high-value, complex work. Anna Walsh joined the team in January 2023 from Capsticks LLP. Chris Horsefield supports the team as a consultant.

Practice head(s):

Yvonne Screene


Other key lawyers:

Nyree Bichard; Chris Horsefield; Anna Walsh


Testimonials

‘A true team, who complement each other well and have good leadership from senior members. All have a good grasp of factual details as well as tactical acumen and client handling skills.’

‘Yvonne Screene is a first-class litigation solicitor with considerable experience of complex and high-value claims. She has good judgment and takes a pragmatic view of which cases should go to trial or be settled. She is personable and good with clients and highly regarded by the MDU, who have high standards.’

‘One of the strongest defendant clinical negligence teams for GP and dental work. Particularly adept at inquests. Excellent knowledge of the sector.’

DWF

Vicki Swanton leads the London-based healthcare and insurance offering at DWF, working alongside the firm’s healthcare teams nationally, notably in Bristol and Newcastle. The team works predominantly with NHS Trusts in the northern region, and areas of expertise include representation at inquests. The team also has experience advising independent sector and insurer clients, and working with individual clinicians, as well as prison healthcare services, urgent care providers, and private hospitals, on issues ranging from allegations of vicarious liability to mental health claims.

Practice head(s):

Vicki Swanton


Testimonials

‘The team have excellent knowledge of the law and always go the extra mile to ensure that the case is examined and investigated from all angles.’

‘DWF have a strong pedigree in defendant insurance work, including clinical negligence.’

‘The partners and senior associates I have worked with have all been very impressive, and consistently so.’

Key clients

NHS Resolution


Axis Specialty Europe SE


HCA International Limited


Medical Protection Society


Keoghs LLP

Keoghs LLP’s sport and healthcare team is ‘very strong on insurance work'. Sian Davies leads the team, meeting the needs of clients ‘head-on and with great skill’. The team has extensive experience working at the intersection of healthcare and sports, acting for a range of sporting clients. It also has expertise regarding dental claims, psychiatric matters, and issues stemming from delay in diagnosis. Oonagh Webster is also recommended.

Practice head(s):

Sian Davies


Other key lawyers:

Oonagh Webster; Jason Howarth; Kieran Pettman; Daniel Meltzer; Jamie Colman; David Bowes; Alice Rendall; Chloe Hopkins; Lucy Steele


Testimonials

‘Excellent relationship with insurers.’

‘Jason Howarth and Sian Davis are very good at client management, and engaged in the detail of cases.’

‘Sian Davies is an extremely experienced team leader. She knows the insurance market well, and is able to address the needs of her insurer clients head-on and with great skill. She also has extremely good instincts, and knows exactly when to find alternative solutions.’

Key clients

The Private Clinic of Harley Street


Beazley Group


Nuffield Health


Bourn Hall Clinic


BUPA


Arch Insurance