4 PAPER BUILDINGS, TEMPLE, LONDON, EC4Y 7EX, ENGLAND
- Tel:
- Work 020 7643 5000
- Fax:
- Fax 020 7353 5778
- DX:
- 1036 LONDON/CHANCERY LANE
- Web:
- www.hailshamchambers.com
- Email:
Jane Tracy Forster
- Tel:
- Work +44 20 7643 5000
- Email:
Position
Specialises in clinical negligence and claims against solicitors, employment/disciplinary and personal injury. Regularly instructed on behalf of claimants and defendants in these areas of practice. Her clinical negligence practice concerns birth-acquired injuries in children, and a full range of paediatric and adult medical adverse events. Major cases include: Ackers v Wigan HA [1991] 2 Med LR 232 – first of a series of cases concerning inadequate anaesthesia in caesarean section delivery, which eventually brought about changes in practice in obstetric anaesthesia; Jones v Iceland Frozen Foods [1982] IRLR 439 – definitive case in unfair dismissal re: range of reasonable responses available to employer; Harber v NE London Polytechnic [1990] IRLR 198 – definition of a week for calculating qualifying periods of employment; Smith v Leicester HA [1998] Lloyd’s Rep Med 77 – permission for case to proceed notwithstanding allegations of clinical negligence in late 1950s; Thurman v Bath & Wiltshire HA [1997] 1 CL 734 – lifelong provisional damages award following cervical smear error, resulting in the development of cervical cancer; Carmon v Page [2000] Clinical Risk v6 no.1 Jan 2000 – negligent failure to diagnose breast cancer; quantum; Subramanian v GMC [2002] UKPC 64 (Privy Council) – procedure at GMC hearings, duty of disclosure, penalty; Purver v Winchester and Eastleigh Healthcare NHS Trust [2007] LS Law Med 193 – cerebral palsy case: proper conduct of trial of forceps; Garth v Grant and others [2007] RCJ QB – use of new Ogden tables; St George v the Home Office [2008] CA – duty of care to prisoners and standard of emergency first aid to be provided – quantum subsequently settled and approved with novel use of periodical payments to fund rented accommodation; DH NHS Foundation Trust v PS (a protected party by her Litigation Friend the Official Solicitor) [2010] 2 FLR 1236 and [2010] MedLR 320, Sir Nicholas Wall P – exercise of the court’s powers in the best interests of a patient lacking capacity to use force or sedation to achieve her admission to hospital for life-saving cancer surgery.
Career
Called 1975, Inner Temple.
Member
Professional Negligence Bar Association; Personal Injuries Bar Association; Employment Law Bar Association.
Education
LLB (Hons).
Practice Areas
Clinical negligence - either side; Employment; Personal injury - either side
