Catriona Stirling

Year of Call: 2008

PRACTICE AREAS

Clinical Negligence | Human Rights | Personal Injury

HIGHLIGHTS

"Excellent on her feet, provides sensible and pragmatic advice, and her analysis is considered and thorough." Legal 500 2022

OVERVIEW

Catriona is recommended by the Legal 500 as a Leading Junior in clinical negligence and has specialised in clinical negligence, medical law and personal injury for several years. She has substantial experience across the whole range of liability and quantum issues arising in these areas and has been instructed in a number of noteworthy cases.

She has a particular academic and practical interest in the interface of medical law and ethics. She has acted for and advised clients in relation to issues including consent and refusal of treatment, abortion, and withdrawal of treatment from children. She has also advised an intervener in a case challenging the legal prohibition upon assisting suicide. She has an MA in Medical Law and Ethics from King's College London and sits as a volunteer member of an NHS Research Ethics Committee.

Catriona has acted as junior in multiple maximum severity clinical negligence and personal injury cases, including brain, spinal and amputation injuries and appeared in the contested High Court trial of Totham. She very regularly drafts multi-million pound schedules and has been heavily involved in working with experts and advising clients on key quantum issues in these cases.

She is currently acting in a very high profile and complex matter for a large number of police officers in multiple claims for psychiatric injuries and has recently acted for two claimants who were seriously injured in the Alton Towers rollercoaster disaster.

Catriona has represented a number of families in inquests following deaths due to inadequate hospital care including cases of suicide following alleged inadequate provision of treatment and care by local mental health care services. Many of her inquest instructions have led to successful clinical negligence claims.

Other Experience

In her first five years of practice, Catriona also specialised in employment and equality law and regularly appeared in the Employment Tribunals and EAT, acting for both claimants and respondents. Because of this, Catriona has extensive experience of trial advocacy and witness handling.

In 2011-2012, Catriona spent two legal terms at the Court of Appeal working as Judicial Assistant to Lord Justice Pill and Lord Justice Mummery, where she was involved in a number of high profile cases, particularly in the areas of judicial review and human rights.

Catriona has recently been appointed as a Fee-Paid Tribunal Judge sitting in the First-Tier Tribunal: Health and Social Care Tribunal.

AWARDS

University of Edinburgh:
• John Hastie Law Scholarship for the most distinguished student graduating in the year of award, taking into account performance in the first two years of study;
• Green Prize for the two year LLB student with the best overall performance;
• Miller Prize in Scots Law for student with the highest placing in Commercial Law;
• Margaret Malloch Scholarship for the two year LLB student with the best academic record on completion of the first year of study; and
• James Craig Howie Memorial Prize for the best performance overall in first year private law subjects.

University of St. Andrews:
• Robert T. Jones ("Bobby Jones") Exchange Scholarship
• South Eastern Circuit:
• Florida Bar Advanced Civil Advocacy Course Scholarship

REFERENCES

Legal 500 2022: "Excellent on her feet, provides sensible and pragmatic advice, and her analysis is considered and thorough."

APPOINTMENTS AND MEMBERSHIPS

Professional Negligence Bar Association
Personal Injury Bar Association
Court of Protection Bar Association

PUBLICATIONS AND TRAINING

Catriona is an author of Personal Injury Schedules: Calculating Damages (4th edition), general editor William Latimer-Sayer QC, a leading practitioner text regarding the calculation of personal injury damages.

She has also contributed to a number of other key practitioner works, including APIL: Personal Injury Law, Practice and Precedents (chapters on Provisional Damages and Private Healthcare) and Lewis & Buchan: Clinical Negligence – A Practical Guide.

She has lectured on a variety of topics related to her areas of expertise and is always happy to discuss training needs with solicitors.

QUALIFICATIONS

University of St. Andrews, MSci, First Class.

University of Edinburgh, LLB (Accelerated), Distinction.

King's College London, MA Medical Law and Ethics, Distinction

HIGHLIGHT CASES

Clinical Negligence and Medical Law:

X v An NHS Trust (2015): Acting for family of 11 year old boy in case concerning withdrawal of life sustaining treatment.

Totham v King's College NHS Trust [2015] EWHC 97 (QB); [2015] Med LR 55: December 2014 High Court quantum trial in complex birth injury case. Capitalised award of over £10 million (led by William Latimer-Sayer).

• Acting in multiple very high value catastrophic injury cases which have settled at RTM or shortly before trial.

Personal Injury:

• Currently acting in a very high profile and complex matter for a large number of police officers in multiple claims for psychiatric injuries (led by Theo Huckle QC).

• Acting for two individuals who were injured in the Alton Towers 'Smiler' rollercoaster crash and underwent lower limb amputations (led by William Latimer-Sayer QC).

Inquests:

• 5 day Article 2 jury inquest arising out of death of patient at Maudsley Hospital, resulting in narrative verdict and Prevention of Future Deaths report.

Employment and Equality:

Martlet Homes & Ors v Layton [2016] ICR 261, [2016] IRLR 107: Interpretation of TUPE.

Smania v Standard Chartered Bank [2015] IRLR 271, [2015] ICR 436: Whistle-blowing, Art.11 ECtHR and territorial jurisdiction.

Moran v Ideal Cleaning Services Ltd [2014] ICR 442, [2014] IRLR 172, [2014] 2 CMLR 37: Interpretation of Agency Workers Regulations.