Byrom Street Chambers

byromstreet.com

King's Counsel specialising in personal injury and clinical negligence litigation. Personal Injury - Acts on behalf of claimants and defendants in catastrophic injury and high value fatal accident claims. Substantial experience of analysing difficult issues relating to local authority care and accommodation, large care claims and high value complex loss of earnings claims. Clinical Negligence - Represents patients and their families in clinical negligence claims. Caseload covers a wide spectrum of medical incidents, including delayed diagnosis of cancer, delayed diagnosis of infant brain tumour, surgical errors, birth trauma, failures in spinal anaesthetic technique leading to spinal cord injury, management of congenital heart conditions including infants, community and hospital management of diabetes and diabetic complications, failures in psychiatric care (community and inpatient) leading to suicide/attempted suicide. Consistently recommended as a leading barrister in personal injury and clinical negligence work (Chambers and Partners/Legal 500).

Darryl Allen KC

King's Counsel specialising in personal injury and clinical negligence litigation. Personal Injury - Acts on behalf of claimants and defendants in catastrophic injury and high value fatal accident claims. Substantial experience of analysing difficult issues relating to local authority care and accommodation, large care claims and high value complex loss of earnings claims. Clinical Negligence - Represents patients and their families in clinical negligence claims. Caseload covers a wide spectrum of medical incidents, including delayed diagnosis of cancer, delayed diagnosis of infant brain tumour, surgical errors, birth trauma, failures in spinal anaesthetic technique leading to spinal cord injury, management of congenital heart conditions including infants, community and hospital management of diabetes and diabetic complications, failures in psychiatric care (community and inpatient) leading to suicide/attempted suicide. Consistently recommended as a leading barrister in personal injury and clinical negligence work (Chambers and Partners/Legal 500).

Peter specialises in catastrophic injury claims, with particular expertise in brain injury, spinal injury and amputation cases. He has extensive experience of claims involving complex issues of causation, including intervening clinical negligence. He is regularly instructed in high value fatal accident cases, particularly those involving care as a services dependency. Occupiers' liability is an area of special interest. Peter acts both for defendants and claimants.

Peter specialises in catastrophic injury claims, with particular expertise in brain injury, spinal injury and amputation cases. He has extensive experience of claims involving complex issues of causation, including intervening clinical negligence. He is regularly instructed in high value fatal accident cases, particularly those involving care as a services dependency. Occupiers' liability is an area of special interest. Peter acts both for defendants and claimants.

Darrel acts for both claimants and defendants in serious and high value brain and polytrauma cases at the very top of senior junior handling scale. Claimant work undertaken in clinical negligence and industrial disease.

Specialist in medical law, principally in clinical negligence in cases involving injuries of maximum severity, such as birth injury, spinal or cauda equina injury, or other clinical conditions of great complexity or life-changing outcome. Also has a personal injury practice, again particularly involving catastrophic injury or complex medical issues of causation.

Sally Hatfield KC

Specialist in medical law, principally in clinical negligence in cases involving injuries of maximum severity, such as birth injury, spinal or cauda equina injury, or other clinical conditions of great complexity or life-changing outcome. Also has a personal injury practice, again particularly involving catastrophic injury or complex medical issues of causation.

Personal Injury: Winston Hunter is routinely instructed by both Claimants and Defendants in cases of maximum severity. In the recent past he has been instructed in some of the highest values claims. A particular feature of many of his instructions is where there are complex claims for loss of earnings arising from injuries to professionals such as bankers, lawyers and accountants or senior directors of large companies and other high net worth individuals. Clinical Negligence: Winston Hunter has a significant caseload in the area of clinical negligence. His practice covers all areas of medical mal practice. He has particular expertise in claims involving wrongful birth and failure of diagnosis and treatment in Accident and Emergency Medicine, and the complexities arising from claims for loss of a chance of a better outcome. Insurance Litigation: Winston Hunter is regularly instructed in claims arising out of repudiation of policies for alleged non-disclosure and issues relating to construction of insurance contracts. Particular expertise exists in claims relating to motor vehicle insurance. Professional Liability: Winston Hunter is instructed in a wide range of cases involving the negligence of professionals. He has particularly expertise in cases involving claims alleging loss of a chance.

Winston Hunter KC

Personal Injury: Winston Hunter is routinely instructed by both Claimants and Defendants in cases of maximum severity. In the recent past he has been instructed in some of the highest values claims. A particular feature of many of his instructions is where there are complex claims for loss of earnings arising from injuries to professionals such as bankers, lawyers and accountants or senior directors of large companies and other high net worth individuals. Clinical Negligence: Winston Hunter has a significant caseload in the area of clinical negligence. His practice covers all areas of medical mal practice. He has particular expertise in claims involving wrongful birth and failure of diagnosis and treatment in Accident and Emergency Medicine, and the complexities arising from claims for loss of a chance of a better outcome. Insurance Litigation: Winston Hunter is regularly instructed in claims arising out of repudiation of policies for alleged non-disclosure and issues relating to construction of insurance contracts. Particular expertise exists in claims relating to motor vehicle insurance. Professional Liability: Winston Hunter is instructed in a wide range of cases involving the negligence of professionals. He has particularly expertise in cases involving claims alleging loss of a chance.

The full range of personal injury work for Claimants and Defendants, in particular spinal and brain injuries with a particular interest in causation and quantum of damages. Also clinical negligence. Acting for Claimants who are in persistent vegetative and minimally conscious states. Have dealt with numerous amputation cases dealing with the most up to date prosthetic componentry. Also acted for Claimants who had suffered sexual abuse negotiating some of the highest awards in such cases. Has wide experience in chronic pain cases where credibility is in issue.

Rhiannon Jones KC

The full range of personal injury work for Claimants and Defendants, in particular spinal and brain injuries with a particular interest in causation and quantum of damages. Also clinical negligence. Acting for Claimants who are in persistent vegetative and minimally conscious states. Have dealt with numerous amputation cases dealing with the most up to date prosthetic componentry. Also acted for Claimants who had suffered sexual abuse negotiating some of the highest awards in such cases. Has wide experience in chronic pain cases where credibility is in issue.

Simon Kilvington

Catastrophic injury; group litigation; asbestos litigation; clinical negligence.

Simon Kilvington KC

Catastrophic injury; group litigation; asbestos litigation; clinical negligence.

Michael specialises in high value and catastrophic personal injury litigation. He is a skilful trial advocate and advises and appears on behalf of Claimants and Defendants. Dealing exclusively with complex and high value claims he has represented both Claimants and Defendants on claims of the utmost severity worth many millions of pounds. He regularly appears in the RCJ and District Registry of the High Court, and is experienced in the Court of Appeal. He has a wealth of experience of joint settlement meetings and mediations. Michael has experience of the full spectrum of catastrophic injury claims, including spinal injury, brain injury, amputation and chronic pain. He is thoroughly conversant with the arguments over Cauda Equina and has experience of total cord injury and the suitability of complex care regimes. He has a wealth of experience dealing with traumatic brain injuries including severe brain injuries involving significant care regimes, moderate brain injuries where capacity is often in issue and subtle brain injuries where the presence of organic cognitive deficits can be difficult to determine. He is able to advise his clients on the latest developments in prosthetics and the experts required to deal with those claims. Michael is familiar with the complex causation arguments that are often central to cases involving chronic pain. Michael enjoys a collaborative approach and working as part of a team. He is sensitive to the needs of severely injured Claimant’s and their families. He is approachable and communicates well with both professional and lay clients.

Andrew Lewis KC has vast experience in all areas of personal injury and clinical negligence work, having specialised in these fields since joining the Bar. In Silk his practice largely consisted of traumatic brain injury, spinal cord injury and cerebral palsy claims. Having recently stepped back from his very busy practice and sitting as a Deputy High Court Judge, Andrew now concentrates on working as an Evaluative Mediator in personal injury and clinical negligence claims. He is an Accredited Mediator with the Society of Mediators and has successfully worked as a Mediator and Evaluator for many years, creating protocols and providing training for an independent mediation and evaluation provider.

Stephen McNamara

Stephen practises in clinical negligence and serious personal injury, acting for Claimants and Defendants. He is instructed by many of the leading national firms. His clinical negligence practice spans the areas of surgical and pharmaceutical negligence, misdiagnosis and delayed diagnosis, dental negligence, inappropriate treatment and failure to obtain informed consent, amongst others. Stephen is regularly instructed in complex and high-value cases and is experienced in leading and managing a large team of experts. He is known for his ability to establish a rapport with clients, to provide them with clear advice and for his detailed and thorough approach to testing expert evidence in conference. Stephen has particular experience of claims involving suicide arising as the result of negligent psychiatric treatment, including claims advanced under the Human Rights Act 1998. In addition, he has conducted a large number of complex and lengthy Article 2 compliant inquests, both with a jury and without. Stephen is also instructed in claims for serious personal injury arising from accidents in the workplace, on the highway and at other premises, and those caused by defective products and road traffic collisions.

Christopher Melton

Christopher Melton KC is a standout silk who excels at representing claimants in high-value catastrophic injury and fatal accident cases, particularly those involving minors. He does a significant amount of appellate advocacy and has appeared in the Supreme Court numerous times. His Supreme Court cases are: Armes v Nottinghamshire CC where the Appellant is seeking to establish that a LA owes a non-delegable duty or is vicariously liable in respect of sexual abuse perpetrated by a foster parent. Woodland v Essex CC where the Claimant successfully established that a LA owed a non-delegable duty to a child brain damaged by the negligence of a non-employee swimming teacher. Dunhill v Burgin where the Claimant successfully established that the settlement of a claim was invalid where the Claimant lacked litigation capacity, even where the Defendant had no knowledge of her incapacity. Sienkiewiz v Greif where the Claimant successfully established liability on the basis that her mother’s mesothelioma was caused by negligence, even though the risk of contracting the disease was only slightly increased by the relevant exposure. His Court of Appeal cases include: Sabir v Osei-Kwabena, where the Claimant successfully resisted the Defendant’s appeal against a 25% contributory negligence finding against a pedestrian; McCracken v Bell, where a brain injured pillion passenger on off road trials bike being unlawfully ridden on cycle path successfully resisted an appeal by the third party driver; Waterhouse v Welsh, where the CA rejected a surgeon’s appeal against findings of negligence Nunnerley v Warrington HA, where the CA refused the Defendant’s application for permission to appeal in a twin wrongful birth case, holding that damages were recoverable beyond the child’s age of 21.

Christopher Melton KC

Christopher Melton KC is a standout silk who excels at representing claimants in high-value catastrophic injury and fatal accident cases, particularly those involving minors. He does a significant amount of appellate advocacy and has appeared in the Supreme Court numerous times. His Supreme Court cases are: Armes v Nottinghamshire CC where the Appellant is seeking to establish that a LA owes a non-delegable duty or is vicariously liable in respect of sexual abuse perpetrated by a foster parent. Woodland v Essex CC where the Claimant successfully established that a LA owed a non-delegable duty to a child brain damaged by the negligence of a non-employee swimming teacher. Dunhill v Burgin where the Claimant successfully established that the settlement of a claim was invalid where the Claimant lacked litigation capacity, even where the Defendant had no knowledge of her incapacity. Sienkiewiz v Greif where the Claimant successfully established liability on the basis that her mother’s mesothelioma was caused by negligence, even though the risk of contracting the disease was only slightly increased by the relevant exposure. His Court of Appeal cases include: Sabir v Osei-Kwabena, where the Claimant successfully resisted the Defendant’s appeal against a 25% contributory negligence finding against a pedestrian; McCracken v Bell, where a brain injured pillion passenger on off road trials bike being unlawfully ridden on cycle path successfully resisted an appeal by the third party driver; Waterhouse v Welsh, where the CA rejected a surgeon’s appeal against findings of negligence Nunnerley v Warrington HA, where the CA refused the Defendant’s application for permission to appeal in a twin wrongful birth case, holding that damages were recoverable beyond the child’s age of 21.

Human Rights/Group Litigation: lead counsel on the Kenyan Emergency Group Litigation (Kimathi v FCO) for the Claimants. Fraud: civil, unfair prejudice petitions and criminal. Acted for Mark Langford of Tag in the civil proceedings. Recent criminal cases include Kudus v R [2019] EWCA 837 (knowledge of risk of death in gross negligence manslaughter). Tax tribunal work includes Herefordshire Property Company v Revenue & Customs [2015] UKFTT 79 (TC) (unfair imposition of penalty) and Foulser v Revenue and Customs [2015] UKFTT 220 (TC) (valuation of shares in a private company for the purposes of CGT). Commercial disputes, particularly advising solicitors Commercial disputes, particularly advising solicitors leaving the partnership and quasi partnership disputes Leslie v Farrar Construction Limited [2015] EWHC 58; . Defamation and harassment: Levi v Bates [2009] EWHC 1495 and [2015] EWCA Civ 206; Weston v Bates [2012] EWHC 590; Johnson v McArdle & Anor [2020] EWHC 644; Clinical negligence: Bancroft v Harrogate HA (1997) 8MedLR 398. Administrative law: R v Education Leeds [2005] EWHC 2495; Ashton v Chief Constable West Yorkshire [2005] 975; Crown Prosecution Service v Cambridge CC [2010] EWHC 663 (Admin); PSCT v Milton Keynes Council [2013] EWHC 1237 (Admin). Professional discipline: Solicitors The Law Society v Waddingham & Ors [2012] EWHC 1519 (Admin): Barristers: police officers (Cross Border and Alder matters and Bichard Enquiry (Soham murders)): customs officers.

Simon Myerson KC

Human Rights/Group Litigation: lead counsel on the Kenyan Emergency Group Litigation (Kimathi v FCO) for the Claimants. Fraud: civil, unfair prejudice petitions and criminal. Acted for Mark Langford of Tag in the civil proceedings. Recent criminal cases include Kudus v R [2019] EWCA 837 (knowledge of risk of death in gross negligence manslaughter). Tax tribunal work includes Herefordshire Property Company v Revenue & Customs [2015] UKFTT 79 (TC) (unfair imposition of penalty) and Foulser v Revenue and Customs [2015] UKFTT 220 (TC) (valuation of shares in a private company for the purposes of CGT). Commercial disputes, particularly advising solicitors Commercial disputes, particularly advising solicitors leaving the partnership and quasi partnership disputes Leslie v Farrar Construction Limited [2015] EWHC 58; . Defamation and harassment: Levi v Bates [2009] EWHC 1495 and [2015] EWCA Civ 206; Weston v Bates [2012] EWHC 590; Johnson v McArdle & Anor [2020] EWHC 644; Clinical negligence: Bancroft v Harrogate HA (1997) 8MedLR 398. Administrative law: R v Education Leeds [2005] EWHC 2495; Ashton v Chief Constable West Yorkshire [2005] 975; Crown Prosecution Service v Cambridge CC [2010] EWHC 663 (Admin); PSCT v Milton Keynes Council [2013] EWHC 1237 (Admin). Professional discipline: Solicitors The Law Society v Waddingham & Ors [2012] EWHC 1519 (Admin): Barristers: police officers (Cross Border and Alder matters and Bichard Enquiry (Soham murders)): customs officers.

James Rowley KC represents both sides in high value/complex Personal Injuries and Clinical Negligence litigation. An expert in the case law associated with quantifying damages, he is an Evaluative/Expert Mediator in these practice areas and a CMC Registered Associate Mediator Publications Serious Personal Injury Litigation - Quantum Updated to 2024. A PIBA Guide to Pension Loss Calculation (2020). Chapters on claims for Care and Loss of Pension in Facts & Figures. Reported cases Personal injuries: Hammond v Gibbon [2023] EWHC 2550 (KB); Moreira v Moran and others [2021] EWHC 1800 (CA); Faisal v Younis and Active Brands [2018] EWHC 1111 (QB); Dunhill v Burgin (Nos 1 and 2) [2014] 1 WLR 933, UKSC 18; Scott and Evans v Griffiths QBD Lawtel 29/01/14; Dixie v. British Polythene Industries PLC [2010] EWCA Civ 1170; Threlfall v. Hull City Council [2010] EWCA Civ 1147; Stanley v Bryn Close t/a Armthorpe Moto Parc [2009] EWHC 2849 (QB); Jebson v MOD [2000] 1 W.L.R. 2055. Clinical Negligence: Beech v Timney [2013] EWHC 2345 (QB); Spencer v NHS North West [2012] EWHC 2142 (QB); Parkes v Mann [2011] EWHC 1724 (QB).

James Rowley KC

James Rowley KC represents both sides in high value/complex Personal Injuries and Clinical Negligence litigation. An expert in the case law associated with quantifying damages, he is an Evaluative/Expert Mediator in these practice areas and a CMC Registered Associate Mediator Publications Serious Personal Injury Litigation - Quantum Updated to 2024. A PIBA Guide to Pension Loss Calculation (2020). Chapters on claims for Care and Loss of Pension in Facts & Figures. Reported cases Personal injuries: Hammond v Gibbon [2023] EWHC 2550 (KB); Moreira v Moran and others [2021] EWHC 1800 (CA); Faisal v Younis and Active Brands [2018] EWHC 1111 (QB); Dunhill v Burgin (Nos 1 and 2) [2014] 1 WLR 933, UKSC 18; Scott and Evans v Griffiths QBD Lawtel 29/01/14; Dixie v. British Polythene Industries PLC [2010] EWCA Civ 1170; Threlfall v. Hull City Council [2010] EWCA Civ 1147; Stanley v Bryn Close t/a Armthorpe Moto Parc [2009] EWHC 2849 (QB); Jebson v MOD [2000] 1 W.L.R. 2055. Clinical Negligence: Beech v Timney [2013] EWHC 2345 (QB); Spencer v NHS North West [2012] EWHC 2142 (QB); Parkes v Mann [2011] EWHC 1724 (QB).

Mary specialises in clinical negligence, medical law and human rights, catastrophic injury and Fatal claims. Mary has been highly ranked for over 20 years. She is recommended for her excellent eye for detail and her calm, measured and persuasive approach to advocacy. Her clients are among some of the most disadvantaged in society and she is noted for her excellent client care skills. Her expertise is informed by being a judge in the First Tier Tribunal, Mental Health since 2007 and in SEND since 2019. She has notable trial experience, securing a significant care award and PPO at trial and arguing for new law in Martin -v- Salford Royal NHS Foundation Trust [2021] EWHC 3058; [2022] EWHC 532. She appeared at trial for over two years dealing with multiple interlocutory applications and extensive submissions against the British Government in group litigation arising out of colonial-era torture and abuses. Current cases involve liability for stroke while in police custody, neurological injury arising from birth and neonatal brain injuries, psychiatric injury and brain injuries complicated by neurodivergence. Mary undertakes Article 2 inquests and was instructed in cases arising out of the Coronavirus pandemic. She lectures regularly and trains other barristers. Mary supports the Evolve Foundation for International Legal Assistance, assisting Ugandan lawyers with death row appeals.

Lauren Sutherland

Lauren has advocacy experience gained over 30 years in both personal injury and clinical negligence work. She has considerable experience in catastrophic injury cases and has a particular interest and expertise in cerebral palsy, cancer and brain injury cases. She was instructed in the Scottish Product Liability cases relating to transvaginal mesh. She is instructed in personal injury Group Litigation in Scotland involving musculoskeletal injuries sustained by Kenyan tea-pickers. She has been involved in a number of neurosurgical cases relating to failures of the now disgraced neurosurgeon Professor El Jamel. She appears regularly in court and has appeared in Scotland in the Sheriff Court, Outer House of the Court of Session, First and Extra Division of the Appeal Court and the Supreme Court. She has conducted many complex Fatal Accident Inquiries into hospital deaths. She has conducted one of the few clinical negligence jury trials that has taken place in Scotland. She is a CEDR accredited mediator. She is clinical negligence lead for PEOPIL a not-for-profit organisation that seeks to promote judicial co-operation and mutual knowledge of legal and judicial systems in European jurisdictions. She was secretary to the Professional Negligence Bar Group. She is a member of the Commonwealth Lawyers Association. She was part of the legal team for the claimant in the landmark case of Montgomery v Lanarkshire Health Board and presented the first argument for the claimant in the Appeal Court in Scotland. In 2009 she was one of two Counsel appointed by the Scottish Government to lead the Vale of Leven Public Hospital Inquiry into the outbreak of C difficile at the hospital. This lasted 3 years and was an extensive inquiry into medical and nursing issues and infection control. She was also invited to participate in the review panel led by Professor Sheila McLean into the introduction of no-fault compensation in Scotland. She has lectured extensively to lawyers and doctors on clinical negligence and personal injury and for many years she taught consent to undergraduate dental and medical students. She teaches doctors on court craft and writing reports in conjunction with Inspire Medilaw a provider of firs- class conferences for lawyers and doctors. Since 1995 she has been the contributing editor on clinical negligence to the Reparation Bulletin in Scotland and she contributed the chapter on Medical Law and Human Rights to the main Scottish textbook on Human Rights. She has written a book on the law on consent post Montgomery and this is published by Law Brief Publishing and is also available on amazon with authors proceeds going to children with special needs. Lauren undertakes conferences and hearings in-person, remotely and a hybrid of remote/in-person working. Lauren has a blog where she posts articles on issued of law and medicine. laurensutherlandqc-lawandethics.com

Jason is regularly instructed in maximum severity complex clinical negligence matters, particularly cases involving obstetric complications/ brain injuries/ spinal injuries/ amputations, and in catastrophic PI. He regularly appears in the Coroner’s Court and represented the parents of a number of babies who died at Furness General Hospital.