Patricia Hitchcock KC

Call: 1988 Silk: 2011 Mediator: 2003 Recorder: 2017

EXPERTISE

Arbitration and Mediation

Patricia retired from civil practice on 6th September 2021. She continues to accept instructions to act as a mediator, with a particular expertise in clinical negligence, mental health and catastrophic injury cases, and to sit as a Recorder in crime.

“She has a sharp mind, but takes a very caring approach towards her clients.” “Incredibly experienced and detailed - very impressive KC.” “Excellent both on her feet and on paper". “She is very good with clients and assured in court”. - Chambers and Partners 2021

“Amongst the most forensic counsel who is willing to explore all avenues for the client”. “Handles both complex liability and quantum matters”. - Legal 500 2021

Patricia Hitchcock KC’s background is in litigation, as a barrister. Her Bar practice focused on clinical negligence and personal injury. She was regularly instructed in substantial matters in the higher courts on both liability and quantum especially brain and spinal injuries; cancer; psychiatric negligence; fatal accidents. She is a trained mediator, accredited by CEDR (the Centre for Effective Dispute Resolution) since 2003 and continues to work as a mediator having now retired from the Bar.
Before coming to the Bar, Patricia read English at Oxford and then worked for 10 years as an academic and non-fiction book editor in the UK and USA. She was elected “Mother” of the NUJ chapel at Hutchinson Books, discovering an aptitude for advocacy; she was called to the Bar in 1988 and became a tenant at Cloisters in 1990. She joined the Free Representation Unit while at Bar School and was a member and supporter of Advocate (formerly the Bar Pro Bono Unit) from its inception.
Her early practice was dominated by criminal defence work, with over 100 Crown Court trials, many at the Central Criminal Court. She developed a special interest in young and mentally disordered young clients charged with serious offences, and a parallel interest in educational judicial review, with several successful reported cases. She also represented clients in employment and discrimination cases; at inquests; before the Criminal Injuries Compensation Authority; and in both criminal and civil courts at all levels.
Patricia developed a particular interest in mental health and medical issues and at under 10 years’ call left the criminal courts to focus on medical law. She built a substantial specialist reputation and was consistently highly ranked in both Chambers and Partners and Legal 500 for clinical negligence and personal injury. Patricia was appointed Queen’s Counsel in 2011 and Recorder in 2017, sitting in criminal matters in the Crown Court. She was appointed to the Restricted Patient Panel of the Mental Health Tribunal (FtT HESC) in December 2023.
Recently instructed as a mediator in a number of successful clinical negligence mediations.
At the Bar, she was recommended as a leading practitioner in both clinical negligence and personal injury by Chambers & Partners UK and Legal 500 for many Years:
Chambers & Partners 2021: "She has a sharp mind, but takes a very caring approach towards her clients." "Incredibly experienced and detailed - a very impressive QC." "Excellent both on her feet and on paper." "She is very good with clients and assured in court."
Legal 500 2021: “Amongst the most forensic counsel who is willing to explore all avenues for the client.” “Handles both complex liability and quantum matters.”
Chambers & Partners 2020: "She is extremely clever and unflappable in court. She is always very well prepared, insightful and an absolute joy to work with." "She is vastly knowledgeable, thorough and extremely astute." "She is a very strong barrister." "She's helpful and responsive."
Legal 500 2020: "Her attention to detail is exceptional and she provides pragmatic advice." "She is equally great in complex liability and quantum issues." "Thorough, authoritative, clear, approachable and good with clients."
Chambers & Partners 2019: (Personal Injury) "Praised for her reassuring client manner and impressive command of high-end catastrophic injury cases. Her expertise in complex RTAs is lauded, as is her grasp of complex medical information. Her caseload often includes claims with a criminal element. She has noted expertise in cases involving issues of liability and quantum." "Her client care skills are fantastic. "She has a great knowledge of the law and is very thorough. She goes through things with a fine-tooth comb."
(Clinical Negligence) "Particularly admired for her work on catastrophic spinal and brain injury cases, she is known for her extensive knowledge of her subject. She is also sought after to provide representations at inquests and in fatal accident claims. She has a strong understanding of mental health issues." "The speed of her brain is impressive. She gets to the nub of a problem very quickly and she is very approachable."
Chambers & Partners 2018: (Clinical Negligence) "Particularly admired for her work on catastrophic spinal and brain injury cases, she is known for her extensive knowledge of her subject. She is also sought after to provide representation at inquests and in fatal accident claims." "The master tactician. Her ability to dissect complex evidence and get to the heart of the issue quickly is one of her major strengths." "Extremely clever and a very steady hand. A pleasure to work with."
"She has tremendous empathy and warmth. Clients really love her." "She has great attention to detail and is very up to date with legal developments. Really helpful and works well as part of a team."
Legal 500 2017: "She fights very hard to get the best outcome for her clients."
Chambers & Partners 2017: "She's just a fountain of all knowledge, and brilliant with clients"; "she's empathetic and intuitive with clients, and she provides thorough advice quickly."
Legal 500 2016: "She is vastly experienced and provides logical and detailed advice."
Chambers & Partners 2016: "She's very good at brain-work, understands the issues and sticks to her guns. She's clear, good with clients, and down to earth"; "she is one of the groundbreaking leaders in the quantum field. Excellent client manner."
Chambers & Partners 2015: “She has wide-ranging knowledge and gives very level-headed advice.”“She is absolutely meticulous, very warm and very good with clients.”
Chambers & Partners 2014: "Combines a rigorous approach and command of the detail with a fantastic client manner"; "adept handling of complex catastrophic and psychiatric injury claims and fatality claims."
CEDR-accredited Mediator 2003
QC 2011
Recorder 2017
CEDR Panel 2022 (NHSR panel)
CMC Registered Mediator 2023
Judge of FtT HESC Restricted Patient Panel 2023
Butterworth's Personal Injury Litigation Service, Division VI: Limitation (with Lisa Sullivan, to 2014); Division XV: Claims of Utmost Severity (with Martyn McLeish, from 2014-2021)
Bloomsbury's Clinical Negligence Ed. Lewis & Buchan, (Experts chapter)
Various articles on aspects of medical law – Publisher: Clinical Risk (AvMA Journal); Solicitors' Journal
BA (Hons) English Language and Literature, Oxon 1978
Dip Law, City University 1987
Languages:
French
German
Some Spanish and Italian
- [2020] 3 major cases settled so far (mismanagement of infant hypoglycaemia leading to brain damage, visual and cognitive impairments and epilepsy; fatal accident claim arising from missed cancer diagnosis, invalid widow and dependent adult children; mismanagement of pressure sores leading to above-knee amputation and complex multiple co-morbidities in man with pre-existing paraplegia and subsequent unrelated cancer diagnosis)
- [2019] 3 major cases concluded (quadriplegic cerebral palsy with visual and cognitive impairments arising out of negligent management of post-natal hypoglycaemia and sepsis; inquest on death following negligent hospital treatment after acquired brain injury; inquest on suicide of woman with longstanding mental health history, turned away by mental health services)
- [2018] 3 major cases (multiple RTC injuries including rare condylar skull fracture and ABI; delayed diagnosis of meningitis; tetraplegia secondary to mismanagement of SCI) settled
- [2017] 3 major cases (brain injury, cancer) settled; 2 cases (originally settled in 2011 and 2017 respectively, with provision for recalculation in the event of a discount rate change) attract substantial additional damages following change in discount rate
- [2016] 5 major cases (brain injury, cancer, tetraplegia; 2 p.i., 3 clin. neg.) settled.
- [2015] 3 major brain injury cases (2 p.i., 1 clin. neg.) settled.
- P v Central & NW London Mental Health NHS Trust [2014]: clinical negligence/psychiatric management of schizophrenic in-patient; patient murdered father; claim brought by mother and sister; issues on duty of care/ breach/causation/ quantum; settled at mediation.
- Davies v Surrey & Sussex NHS Trust [2013]: clinical negligence/delayed diagnosis of spinal abscess; incomplete tetraplegia; issues on liability and quantum.
- Re McCormick [2013]: inquest/ clinical management of liver abscesses and co-morbidities; co-ordination between trusts; PFD letter sent to 2 Trusts.
- P v Bedford Hospitals NHS Trust [2012]: clinical negligence/death in hospital from rare blood disorder (thrombotic thrombocytopenic purpura); liability and quantum in issue; widower with pre-existing spinal injury left to raise infant; settled at mediation.
- RWRO v 2 GPs [2012] : clinical negligence/ misdiagnosis of subarachnoid haemorrhage; paraplegia and cognitive damage; very substantial settlement with PPO; all parties anonymised.