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Chambers of Winston Hunter QC

12 BYROM STREET, MANCHESTER, M3 4PP, ENGLAND
Tel:
Work 0161 829 2100
Fax:
Fax 0161 829 2101
DX:
718156 MANCHESTER-3
Email:
Web:
www.byromstreet.com

David Heaton QC

Tel:
Work 0161 829 2100
Email:
Web:
www.byromstreet.com
Byrom Street Chambers (Chambers of Winston Hunter QC)

Position

Personal injury and clinical negligence litigation for both claimants and defendants involving complex issues and injuries of maximum severity in England and Wales, on the Isle of Man and on Jersey and relating to claims where the individual is or will be resident in Poland, including: brain injury (including cerebral palsy) resulting in cognitive impairment and motor and speech difficulties, including those resulting from intrapartum and neonatal hypoxia, as well as those sustained in road traffic accidents and at work; spinal injury resulting in tetraplegia/paraplegia; serious orthopaedic injuries necessitating amputation or the risk of amputation; rheumatological injuries, including supervening lupus and complex regional pain syndrome; psychiatric injuries, including stress at work; injury resulting from delays in the diagnosis of cancer, meningitis and sub-arachnoid haemorrhage. Significant cases include: White v Fell [1987 unreported] as junior counsel, which is the original locus classicus on capacity; McLaughlin v F&B Ltd [Lawtel: AC0104488] in which the claimant, a tunnel miner, had suffered orthopaedic injuries and the issue was the effect on the claimant’s loss of supervening lupus; [Lawtel AM0200624] in which the claimant claimed damages for cerebral palsy caused by obstetric negligence; Smart v East Cheshire NHS Trust [2003] EWHC 2806, the leading case in personal injury/clinical negligence litigation on the proper approach to a defendant’s application for a prospective costs capping order; H v Burnley Health Care NHS Trust [Lawtel AM0200580] in which the claimant claimed damages for cerebral palsy caused by obstetric negligence; Wright v Sullivan [2005] EWCA Civ 656 in which the Court of Appeal dismissed the defendant’s appeal against a refusal of an application for an order that the court had power under CPR Part 3.1 to order that a claimant’s clinical case manager should be jointly instructed by the parties; Tameside & Glossop Acute Services NHS Trust v Thompstone [2008] EWCA Civ 5, which is the leading case on the indexation of a periodical payments order for annual carer and case management costs. AB v Heatherwood & Wexham Park Hospitals NHS Foundation Trust (2011) Lawtel LTLPI 30/11/11 in which a claimant with cerebral palsy recovered a lump sum of £2,400,000 plus PPs for care to age 19 of £100,000 and from age 19 of £175,000; XV v Mayday Healthcare NHS Trust (2012) Lawtel LTLPI in which the claimant, a 31-year-old woman, received £2,300,000 in a wrongful birth claim after she gave birth to a disabled son in October 2006. She alleged that if the correct procedures had been followed so that she would have found out about his condition earlier, she would have terminated the pregnancy; and Loughlin v Pama & Co [2013] EWHC 1641 (QB) in which, in a high value personal injury claim the court reduced damages for paid past care and case management because the standard of care of the case manager fell significantly below that which should reasonably have been expected and also gave guidance on the correct and transparent procedure to be adopted in personal injury actions as regards the disclosure of all available expert opinions on a claimant’s capacity when an application was being made to appoint a financial deputy; Grainger v Cooper [2015] EWHC 1132 (QB) in which a reduced interim payment was ordered because of a lack of proven need, the court accepting that the Defendant's valuation for the purpose of the IP hearing was reasonable. Casson v Spotmix and othrs [2018] EWCA Civ 1994 in which the Court of Appeal allowed an appeal by a claimant against a finding of 10% contributory negligence when cleaning a moving machine in the same way other employees did.

Career

Called 1983, Middle Temple; QC 2008; Recorder of the County Court.

Member

Professional Negligence Bar Association; Personal Injury Bar Association.

Education

William Hulme’s Grammar School, Manchester; Corpus Christi College, Cambridge (MA law); Inns of Court School of Law.

Leisure

Walking, reading, cooking, travel.


Regional Bar: Northern Circuit

Clinical negligence

Within: Leading Silks

David Heaton QC - Byrom Street ChambersFabulous with clients and puts them at their ease immediately.

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Personal injury

Within: Leading Silks

David Heaton QC - Byrom Street ChambersVastly experienced, considered and thorough.

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