Gemma Ralph > Chambers of David Berkley KC > London, England > Barrister Profile

Gemma Ralph

Work Department

Personal Injury; Clinical Negligence; Public and Regulatory.

Position

Gemma enjoys a varied civil practice, spanning Personal Injury, Clinical Negligence, Public and Regulatory and Commercial law. She has a busy advocacy and advisory practice, representing Claimants and Defendants.

Before coming to the Bar, Gemma spent ten years in Her Majesty’s Diplomatic Service where she served overseas and, more recently, as the Foreign, Commonwealth and Development Office’s Legal Researcher. Gemma also spent two years working as the Business Manager to the CEO of Coutts Bank.

Given her background, Gemma has a particular interest in claims with an international dimension and is happy to travel on instruction. Gemma speaks Spanish and is learning French.

PERSONAL INJURY

Gemma Ralph has a busy personal injury practice. She advises and represents Claimants and Defendants in fast-track trials and multi-track matters and has experience of:

• Employers’ liability
• Occupiers’ liability
• Public liability
• RTA litigation including all aspects of credit hire
• Trips and slips
• Defective products
• Athens Convention (cruise ship) claims
• Sexual offences
• Criminal Injuries Compensation Authority claims

Gemma has a particular interest in international personal injury claims and has been instructed on both accidents abroad and accidents in the UK involving international parties. She has recently advised the Secretary of State for Justice on an historical sexual abuse claim with an international dimension.

Gemma is adept at handling sensitive procedural and factual matters. She recently advised the Secretary of State for Justice on a discrimination claim by a transgender prisoner. Gemma also appeared for a high street retailer defending a product liability claim by a Claimant who had a general civil restraint order issued by the Royal Courts of Justice to stop them from bringing certain cases to court.

Examples of recent cases include:

• F v M – Advised Claimant on quantum (six figure sum) and offers in relation to a claim for polytrauma injuries sustained in a severe RTA.
• G v C (Admiralty Court) – Advised on liability, quantum and offers and drafted particulars of claim for a Claimant with limited mobility who was knocked to the floor whilst using rollator on a cruise ship in Spanish waters. Favourable settlement secured.
• E v I – Advised Claimant on applicability of Athens Convention in Jersey (Channel Islands) to a RIB voyage between Bailiwick of Jersey and Bailiwick of Guernsey in which Claimant suffered unstable fracture to back resulting in chronic pain, kyphosis and risk of syringomyelia. Drafted particulars of claim and schedule of damages and advised on quantum, including provisional damages.

CLINICAL NEGLIGENCE

Gemma Ralph has begun to receive instructions to advise in clinical negligence claims. She has experience acting for Claimants and NHS Trusts and is keen to develop her practise in this field.

Examples of recent cases include:

• B v an NHS Trust – Advised Claimant on merits and on expert evidence in relation to a claim for myocardial infarction following treatment.
• W v an NHS Trust – Advised Claimant on quantum and drafted schedule of damages in fatal accident claim.
• D v a Local Health Board – Advised Defendant on expert evidence in relation to a claim by a prisoner for psychological and physical injury for alleged delay in treatment, failure to carry out medication review and failure to prescribe medication.

PUBLIC AND REGULATORY

Gemma Ralph is developing her clinical negligence practice and has experience acting for Claimants and Defendants.

Examples of recent cases include:

• W v an NHS Trust – Advised Claimant on quantum and drafted schedule of damages in fatal accident claim, including accountancy (pension) evidence. Favourable settlement secured.
• C v a GP and an NHS Trust – Advised Claimant on merits and on expert evidence in relation to a claim for complications following insertion of tension free vaginal tape.
• B v an NHS Trust – Advised Claimant on merits and on expert evidence in relation to a claim for myocardial infarction following treatment.
• D v a Local Health Board – Advised Defendant on expert evidence in relation to a claim by a prisoner for psychological and physical injury for alleged delay in treatment, failure to carry out medication review and failure to prescribe medication.
• S v a Local Health Board – Advised Defendant on liability, merits, quantum and offers and drafted the Letter of Response in relation to a claim for failure to order an MRI scan where Claimant alleged they would not have undergone a knee arthroscopy had an MRI been ordered and were not advised of options.
• P v an NHS Trust – Advised Claimant on liability, merits and further questions to an Expert in relation to a claim for the erroneous penetration of screws into the elbow joint and damage to the median nerve during an operation.
• S-W v a University Health Board – Advised Defendant on liability, merits, quantum and offers and drafted the Letter of Response in relation to a claim for failure to appreciate aberrant biliary anatomy during a laparoscopic cholecystectomy and incorrect treatment as a result.
• D v a University Health Board – Advised Defendant on liability, merits and drafted the Letter of Response and further questions to an Expert in relation to a claim for failure to diagnose and treat retinal vein occlusion.
• W v a University Health Board – Advised Defendant on merits and quantum of secondary victim claim for parents of neonate who died following negligent treatment.

COMMERCIAL

Gemma Ralph has acted in a number of junior commercial matters including claims for breach of contract, rental arrears and possession and forfeiture of property.

Examples of recent cases include:

• H v H and H (High Court) – Secured freezing order against family members where real risk of international dissipation of a Quistclose trust in the sum of £250,000.00 intended for the purchase of property.
• C v G – Represented Defendant in claim for breach of contract (loan agreement) and separate claim for breach of contract by Executor.  Claim dismissed.
• FA Ltd v BR Ltd – Represented Claimant.  Secured damages for breach of contract (equipment repair).
• RS Ltd v AS – Represented Claimant.  Secured forfeiture order for non-payment of service charge.

Public and Regulatory

Gemma Ralph is a member of the Attorney General’s Junior Junior Panel. She has twice been DV vetted and is keen to undertake all types of government legal work, and is particularly interested in work with an international element. Gemma has worked with most government departments including GLD and maintains a strong network of contacts.

 

Career

Called 2016

Languages

Gemma speaks Spanish and is learning French.

Memberships

• Personal Injury Bar Association
• The Honourable Society of the Middle Temple

Education

• MA (Oxon) Jurisprudence
• BPTC The University of Law