Martyn McLeish
Areas of Practice
Profile
Areas of practice
Martyn is instructed to represent claimants in both the county court and high court in both clinical negligence and personal injury cases, including catastrophic injury, asbestos, employers' liability, holiday, and road traffic claims.
Martyn is experienced in appearing for the victims of accidents and their families at coroners' inquests and has represented care homes at inquests into the deaths of residents.
Martyn has also experienced in conducting cases before the Criminal Injuries Compensation Appeal Panel.
PI Highlights of 2009 include successful settlements in two cases of stress at work, recovery of£350, 000 for a degloving injury, and successfully impugning McDonald's cleaning policies at first instance and on appeal. Martyn was instructed in a number of substantial cases involving injuries to fire-fighters.
In clinical negligence, Martyn continues to be involved in a number of ongoing cerebral palsy cases. Recent clinical negligence cases include claims for negligent hip replacement, failure to give consent for plastic surgery, and failure to diagnose a metabolic disorder.
Notable Cases
Hemingway v Whipps Cross NHS Trust (QB Langstaff J; Unreported 12. 2006).
Liability only; cerebral palsy caused by negligent management at birth (led by Simon Taylor QC)
Harris v Moat Housing [2007] EWHC 3092 (QB Christopher Clarke J.): costs proceedings; jurisdiction of the court when more than one bill of costs is served on the paying party.
Recent Cases
Hemingway v Whipps Cross NHS Trust
- Quantum settled at RTM for a lump sum equivalent of £ 4. 95 million birth (led by Simon Taylor QC)
Kilpatrick v Pembrokeshire & Derwen NHS Trust
- Negligent performance of carpal tunnel decompression. Liability admitted but issues in relation to causation and pre-existing history of diabetes. Case settled at RTM for £ 280, 000.
M v City Hospitals Sunderland NHS Foundation Trust
- M. has complex cerebral palsy with severe motor impairment arising from negligent management of his birth. Liability admitted and quantum settled before trial for a lump sum equivalent of £ 6.25 million (led by Simon Taylor QC)
O. v. East Kent Hospitals NHS Trust
- O. suffered severe brain injury at birth secondary to peri-natal asphyxia. Liability admitted. The Claimant had a vey limited life expectancy. Settled before trial for a lump sum equivalent of £ 2. 5 m.
West v Wilkinson & Others
- Mr. West was rendered paraplegic as a result of a road traffic accident. At trial on liability Mr. West was found 60% contributory negligent and the two Defendants jointly liable for the remaining 40%.
Memberships
PIBA; AVMA Bar Council CFA Panel (2004 - )
Publications and Research
- 'Conditional Fees: A survivor's guide', Bar Council Conference, November 2004 (with Satindar Hunjan QC)
- Auditing for Rights: Developing Scrutiny Systems for Human Rights Compliance, Justice, 2001 (Contributor)
- 'Religious Freedom under the Human Rights Act 1998', Muslim Lawyer, June 1999 (with Jonathan Cooper)
- 'The Legal Politics on Industrial Relations Law in Britain 1906-1927', Oxford University, D.Phil Thesis, 1995
Education
- 1996-7 Bar Vocational Course, Inns of Court School of Law
- 1995-6 CPE, College of Law, London
- 1990-95 Doctor of Philosophy, University of Oxford
- 1987-90 BA Modern History, Magdalen College, Oxford
Scholarships and Prizes
- Inner Temple Bursary 1995-6 and 1996-7
- Gibbs Scholar in Modern History, University of Oxford, 1989
- Tutorial Prize in Modern History, Magdalen College, Oxford, 1989
- Demy (Scholar), Magdalen College, Oxford, 1988-89 and 1989-90
Other Information
Judicial Assistant to the Court of Appeal, Michaelmas Term 1999
Legal Researcher for JUSTICE, November 1998 to June 1999
Qualifications
Dip Law, MA (Hons) (Oxon) and D. Phil (Oxon)