The Latest from Cloisters

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Schona Jolly and Simon Dyer to become QCs

Schona Jolly and Simon Dyer to become QCs
Today, Cloisters is delighted to announce that Schona Jolly and Simon Dyer will be appointed as QCs. Schona Jolly is a legal expert in employment, discrimination, human rights and civil liberties whilst Simon Dyer specialises in personal injury and clinical negligence.

Discrimination compounds the pain in personal injury and clinical negligence claims

Discrimination compounds the pain in personal injury and clinical negligence claims
In this article, Sarah Fraser Butlin and Catriona Stirling consider discriminatory practices within the calculation of damages for personal injury and clinical negligence. Personal injury and clinical negligence lawyers do not tend to think about equality and diversity issues in their cases all that often. However there are several areas that are c...
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Legal 500 2016 recognises Cloisters’ Compelling Advocacy, Astute Advice and Exceptional Client Care:

Legal 500 2016 recognises Cloisters’ Compelling Advocacy, Astute Advice and Exceptional Client Care:
        Cloisters is delighted to announce that Legal 500 2016 continues to consider our barristers as Leaders at the Bar for Clinical Negligence, Employment, Human Rights & Civil Liberties, Inquests & Inquiries, Personal Injury and Sports law (see here ).  We have been newly included this year for our work on Inque...
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Simon Taylor QC and Lisa Sullivan win record meningitis clinical negligence claim involving out-of-hours doctors

Simon Taylor QC and Lisa Sullivan win record meningitis clinical negligence claim involving out-of-hours doctors
By Andrew Buchan   Simon Taylor QC and Lisa Sullivan have recently won a meningitis clinical negligence claim which is believed to be the largest involving out-of-hours doctors and the first periodical payments order against GPs not involving the NHS Litigation Authority (NHSLA). The claim in the sum of £5.8 million (lump sum equivalent) could...
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Keeping up to date with inquest law in a clinical context: can a medical patient be treated as “detained by the state”?

Keeping up to date with inquest law in a clinical context: can a medical patient be treated as “detained by the state”?
By Patricia Hitchcock QC Those regularly instructed to represent families at inquests will no doubt already be familiar with the valuable resource that is the Chief Coroner and his website, as well as the extremely useful sites of membership organizations like Inquest and AvMA.  If it’s been a little while since your last instructions, and lac...
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Robin Allen QC and Joel Donovan QC appointed PIcARBS Panel Arbitrators

Robin Allen QC and Joel Donovan QC appointed PIcARBS Panel Arbitrators
Robin Allen QC and Joel Donovan QC have been appointed on the Personal Injury Claims Arbitration Service (PlcARBS) panel of arbitrators. The panel includes highly experienced personal injury and clinical negligence silks who are trained in personal injury and clinical negligence arbitration and who take a collegiate approach in helping parties reso...
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Incapacity and Illegality in the Personal Injury / Clinical Negligence context

Incapacity and Illegality in the Personal Injury / Clinical Negligence context
By Nathaniel Caiden Introduction Those dealing with personal injury and clinical negligence cases will often have dealt with claimants who lack capacity and the resulting costs in light of that lack of capacity.  The usual occurrence will be one where it was plainly the negligence or breach of statutory duty that caused this loss of capacity. ...
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Latest step on the road to Personal Health Records : from 31 March 2016 all GP practices should be offering online access to coded information in patient records

Latest step on the road to Personal Health Records : from 31 March 2016 all GP practices should be offering online access to coded information in patient records
By Hannah Godfrey According to the Department of Health, it is the ambition of the health and care system to become paper-free and provide citizens with their full health and care digital records by 2020. You can read more about this here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/384650/NIB_Report.pdf . The PHR (per...
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Interim payments in the clinical negligence context

Interim payments in the clinical negligence context
By  Jennifer Danvers In Sellar-Elliott v Howling [2016] EWHC 443 (QB) permission to appeal against an interim payment order of £100,000 was refused in a clinical negligence case where causation was in dispute.  This is an important case for clinical negligence practitioners dealing with such applications prior to exchange of medical evide...
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Future Loss in Fatal Claims: Logic Restored

Future Loss in Fatal Claims: Logic Restored
Tamar Burton considers the Supreme Court judgment handed down this morning in Knauer v Ministry of Justice . The Appellant’s appeal was unanimously allowed. The Court has overruled the principle established by the case of Cookson v Knowles [1979] AC 556 and held that the multiplier for future loss in a claim under the Fatal Accidents...
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Material Contribution – the next chapter

Material Contribution – the next chapter
By Sally Cowen The Privy Council has (25/1/2016) given judgment in Williams v Bermuda Hospitals Board [2016] UKPC4, giving greater clarity on the issue of when a material contribution occurs. Previously Bailey v Ministry of Defence in the Court of Appeal had indicated that ‘material contribution’ occurred where there were multiple causes of injury ...
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Simon Dyer represents successful claimant in High Court clinical negligence trial

Simon Dyer represents successful claimant in High Court clinical negligence trial
In  Hearne v Royal Marsden Hospital , the High Court had to balance the evidence of multiple experts to determine whether and when a patient should have been given blood-thinning treatment. Simon Dyer represented the Claimant, a cancer patient in 2010 who presented at hospital with stomach pains and a number of risk factors for venous thromboe...
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Cloisters’ barrister William Latimer-Sayer appointed Silk

Cloisters’ barrister William Latimer-Sayer appointed Silk
Cloisters is delighted to announce that William Latimer-Sayer has been appointed Queen’s Counsel in the new silk appointments announced today. This appointment recognises William’s long-standing reputation as a top-ranking junior specialising in catastrophic personal injury and clinical negligence. He is consistently highly ranked in the leading di...
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Quantum Update: A review of recent case law and hot topics

Quantum Update: A review of recent case law and hot topics
William Latimer-Sayer presented a quantum update seminar at the APIL Damages Special Interest Group meeting at the Bloomsbury Hotel in London on 3 November 2015.  The lecture considered a number of significant quantum cases that have appeared in the courts during 2015 and the practical application of the same.  He spoke together with Anth...
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Reaney v North Staffordshire: Egg-shell skull rule does not apply where the shell is already broken

Reaney v North Staffordshire: Egg-shell skull rule does not apply where the shell is already broken
By Catriona Stirling The Court of Appeal has handed down its judgment in the case of Reaney v University Hospital of North Staffordshire NHS Trust & Anr [2015] EWCA Civ 1119.   The key issue in this case was how causation and quantum should be determined where a pre-existing injury is worsened by a Defendant’s negligence. Background Mrs Re...
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Lisa Sullivan appointed Deputy Queen's Bench Master

Lisa Sullivan appointed Deputy Queen's Bench Master
Cloisters is delighted that Lisa Sullivan  has been appointed Deputy Queen’s Bench Master by the Lord Chief Justice. This is part-time role and Lisa remains in full-time practice at Chambers. The appointment will run on four year renewable terms. Lisa is a highly ranked barrister who specialises in personal injury and clinical negligence work....
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Cloisters receives special mention at the Bar Pro Bono Awards 2015

Cloisters receives special mention at the Bar Pro Bono Awards 2015
Cloisters received a special mention for its long and extensive commitment to pro bono work at the Bar Pro Bono Awards at the Bar Conference on 17 October 2015. Lord Goldsmith, the Bar Pro Bono Unit President and Chair of the Award judging panel, said  'this is exemplified by their members' collectively taking on over 140 pro bono cases in the...
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Cloisters’ case short-listed for 'Outstanding Case of the Year' in Personal Injury Awards 2015

Cloisters’ case short-listed for 'Outstanding Case of the Year' in Personal Injury Awards 2015
Cloisters is delighted to announce that one of its cases has been short-listed for 'Outstanding Case of the Year' in the Eclipse Proclaim Personal Injury Awards 2015. The case in question: JXMX (A Child) v Dartford and Gravesham NHS Trust  [2013] EWHC 3956 (QB) fundamentally changes the approach to anonymity in approval hearings...
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Cloisters short-listed for 'Barristers’ Chambers of the Year' in Personal Injury Awards 2015

Cloisters short-listed for 'Barristers’ Chambers of the Year' in Personal Injury Awards 2015
Cloisters is delighted to announce that it has been short-listed for the Eclipse Proclaim Personal Injury Awards 2015 for ‘Barristers’ Chambers of the Year’. Chambers has had many notable successes in high value personal injury cases. One recent example is the case in which Cloisters’ barrister,  William Latimer-Sayer , instructed by Shoosmith...
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Paul Epstein QC and William Latimer-Sayer shortlisted for the Chambers UK Bar Awards 2015

Paul Epstein QC and William Latimer-Sayer shortlisted for the Chambers UK Bar Awards 2015
Cloisters is proud to announce that Paul Epstein QC and William Latimer-Sayer have been shortlisted for the Chambers UK Bar Awards 2015. Paul Epstein QC has been shortlisted for  Employment :  Silk of the Year. William Latimer-Sayer has been shortlisted for Personal Injury/Clinical Negligence :  Junior of the Year.   

29 Cloisters' barristers ranked in Legal 500 2015

29 Cloisters' barristers ranked in Legal 500 2015
Cloisters is delighted to announce that 29 members have been ranked in civil liberties, clinical negligence, employment, personal injury and sports practice areas in the Legal 500 2015 edition. What they say:  Solicitors have ‘absolute confidence in any barrister’ from Cloisters, which is best known for its employment, personal injury and...
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Rachel Barrett returns to Cloisters Chambers

Rachel Barrett returns to Cloisters Chambers
Cloisters is delighted to welcome Rachel Barrett back from a year’s secondment to the Supreme Court and Privy Council, where she acted as Judicial Assistant to Lord Wilson and Lord Hodge JJSC. She was closely involved in several high profile cases across Chambers’ areas of practice, including Greater Glasgow Health Board v Doogan [2014] UKSC 68 (co...
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Memory and clinical negligence trials: Tressider v Royal Cornwall Hospitals NHS Trust

Memory and clinical negligence trials: Tressider v Royal Cornwall Hospitals NHS Trust
Tamar Burton’s article “Memory and Clinical Negligence Trials: Tressider v Royal Cornwall Hospitals NHS Trust ” published in this month's edition of  PI Brief Update Law Journal considers Cloisters' barrister  Simon Dyer’s recent case and the role of lay witness recollection in clinical negligence claims. In  Tressider v Royal Cornwa...
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£7.2 million settlement achieved for boy with cerebral palsy caused by delayed birth

£7.2 million settlement  achieved  for boy with cerebral palsy caused by delayed birth
Cloisters’ barristers Simon Dye r and Lisa Sullivan successfully represented a child with cerebral palsy in ABC v Kettering General Hospital NHS Trust . The boy, now 12, suffers from cerebral palsy as a result of delayed birth at the hospital. The case, heard at an approval hearing before Mrs Justice Nicola Davies, settled for a capitalised equival...
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The Medical Innovation Bill rears its head once more

The Medical Innovation Bill rears its head once more
By Catriona Stirling Once upon a time, the British Medical Journal satirically asked what doctors could do if faced with a clinical problem for which there were no randomised controlled trials and no good evidence  (Isaacs, D., Fitzgerald, D. Seven Alternatives to Evidence Based Medicine. BMJ. 1999 Dec 18; 319(7225): 1618). The suggested alter...
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Investigating clinical accidents – a new set of teeth?

Investigating clinical accidents – a new set of teeth?
By Patricia Hitchcock QC Shortly before Parliament rose for the election, the Public Administration Select Committee (PASC) published a report calling on the next Secretary of State for Health to set up a new, independent patient safety investigation body as a matter of priority. Lawyers specialising in medical cases, and patient advocate organisat...
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Patricia Hitchcock QC and Joel Donovan QC talk on 'Hot topics and perennial problems' at MBL clinical negligence conference

Patricia Hitchcock QC and Joel Donovan QC talk on 'Hot topics and perennial problems'  at MBL clinical negligence conference
Cloisters barristers, Patricia Hitchcock QC and Joel Donovan QC join leading expert panel of speakers at MBL's Hot Topics and Perennial Problems in Clinical Negligence  conference  on Friday 17 April 2015 in London. Patricia, who will chair the conference, specialises in clinical negligence, catastrophic personal injury, inquests, me...
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Key highlights from record-breaking court awarded clinical negligence trial

Key highlights from record-breaking court awarded clinical negligence trial
William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB) . The highest final court award following a contested personal injury or clinical negligence trial has remained static since the decision of Lloyd-Jones J, as he then was, in A v Powys Healt...
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Current issues in cerebral palsy and brain injury claims

Current issues in cerebral palsy and brain injury claims
Simon Dyer  chaired the 2015 AvMA Cerebral Palsy & Brain Injury Cases Conference.  In his session on Current Issues in Cerebral Palsy & Brain Injury Cases, Simon discussed Tippet v Guy's & St Thomas' Hospital NHS Foundation Trust ,  Baynhan v Royal Wolverhampton Hospitals NHS Trust , trends emerging from recent cases...
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William Latimer-Sayer appears for successful Claimant in record medical negligence award case

William Latimer-Sayer appears for successful Claimant in record medical negligence award case
Cloisters barrister, William Latimer-Sayer , led by Susan Rodway QC, appeared for the successful Claimant in a case that saw the highest ever medical clinical negligence award in history. The High Court ruled today that United Lincolnshire Hospitals NHS Trust must pay £14.6 million for birth injuries to James Robshaw, after failing to carry out a C...
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Leapfrog granted: The death knell for Cookson v Knowles?

Leapfrog granted: The death knell for Cookson v Knowles?
By Tamar Burton It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556.  This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial. The Cookson v Knowles Pro...
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Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis

Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis
Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis Simon Dyer Cloisters  clinical negligence and personal injury barrister acted for the successful claimant in  Tresidder v Royal Cornwall Hospitals NHS Trust ( Queens Bench Division)11 March 2015 where an eminent spinal orthopaedic surgeon was fo...
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Warnings in the wind for informed patients as Supreme Court makes significant decision on consent to treatment

Warnings in the wind for informed patients as Supreme Court makes significant decision on consent to treatment
By Joel Donovan QC The Supreme Court's decision in Montgomery v Lanarkshire CC [2015] UKSC 11 is the most significant of the 21st century on the issue of consent to treatment. It enshrines (para 87) a doctor’s duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any rea...
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Hydrotherapy in the home

Hydrotherapy in the home
By Siân McKinley In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs. Facts As a result of negligent deliv...
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Two key legislative reforms to Personal Injury law due

Two key legislative reforms to Personal Injury law due
Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015 , were given royal assent on 12 February 2015 and are expected to come into force in April 2015. Catriona Stirling , barrister at Cloisters Chambers examines th...
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Clinical Negligence and Personal Injury Round-up: January 2015

Clinical Negligence and Personal Injury Round-up: January 2015

 By Daniel Dyal

With the festive period now a distant memory, it’s time to catch up on some important recent developments. In this blog we round-up recent case law, a few of the key cases members of chambers are involved in and the Ministry of Justice’s response to the court fees consultation.

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William Latimer Sayer and Catriona Stirling appear in injury case where High Court awards record damages to English national

Judgment has today been handed down by the High Court in the case of Totham v King’s College Hospital NHS Foundation Trust, following a December 2014 trial.

Cloisters barristers, William Latimer-Sayer and Catriona Stirling represented the successful claimant, a seven year old girl from south London, who suffered serious injuries during her birth at King’s College Hospital in 2007.

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Simon Dyer to chair Cerebral Palsy and Brain Injury Cases Update conference

Simon Dyer to chair Cerebral Palsy and Brain Injury Cases Update conference

Cloisters barrister Simon Dyer has accepted an invitation to Chair AvMA conference

Cerebral Palsy & Brain Injury Cases – ensuring you do the best for your client on

11 February 2015 at De Vere Holborn Bars, London

CPD: 5 hours and 40 mins.

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Staff to be charged with gross negligence manslaughter over child’s death

Staff to be charged with gross negligence manslaughter over child’s death

Cloisters barrister, Linda Jacobs represented the family at the inquest of a six year old boy Jack Adcock who was admitted to Leicester Royal Infirmary with sickness and diarrhoea, and was later diagnosed as suffering pneumonia and septic shock.

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Stem cell freezing may have contributed to death – coroner rules

Stem cell freezing may have contributed to death – coroner rules
The coroner at the inquest of 12 year old cancer patient, Sophie Ryan-Palmer, who died in 2013 after frozen cells were used in a bone marrow transplant at Great Ormond Street Hospital, ruled that freezing stem cells may have contributed to her death. Three other children also died that year. All were treated at the hospital at the same time but die...
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Cloisters’ barrister Hannah Godfrey represents mother in tummy tuck operation case

Cloisters’ barrister Hannah Godfrey represents mother in tummy tuck operation case To read press coverage on the case go to: http://www.kentonline.co.uk/sandwich/news/scar-like-curtains-claim-in-tummy-tuck-ordeal-26558/ http://www.bbc.co.uk/news/uk-england-kent-29904521 http://www.huffingtonpost.co.uk/2014/11/05/tummy-tuck-sue-cosmetic-surgeon_n_61...
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The eggshell skull rule extended to ‘cracked skulls’

In 1939, Mackinnon LJ, uttered the famous principle which has since become known as the “egg-shell skull rule.” In the case of Owens v Liverpool Corp. [1939] 1 KB 394, his Lordship said that “one who is guilty of negligence to another must put up with idiosyncrasies of his victim that increase the likelihood or extent of damage to him: it is no ans...
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Clinical Negligence: A Practical Guide: Seventh Edition Charles Lewis and Cloisters Andrew Buchan

Clinical Negligence: A Practical Guide: Seventh Edition Charles Lewis and Cloisters Andrew Buchan
Clinical Negligence: A Practical Guide: Seventh Edition Charles Lewis and Cloisters Andrew Buchan   Find a review here

Book Review: Clinical Negligence (Seventh edition, Bloomsbury Professional) by Charles Lewis, Andrew Buchan

Book Review: Clinical Negligence (Seventh edition, Bloomsbury Professional) by Charles Lewis, Andrew Buchan
Book Review: Clinical Negligence (Seventh edition, Bloomsbury Professional) by Charles Lewis, Andrew Buchan

The Bolam Supremacy

The end of 2013 and beginning of 2014 coincided with a string of High Court clinical negligence cases decided in favour of defendants, including Nyang v G4S Care and others [2013] EWHC 3946 (QB); Ali Shah v North West London Hospital NHS Trust [2013] EWHC 4088 (QB); Sardar v NHS Commissioning Board [2014] EWHC 38; Jones v Portsmouth Hospitals NHS T...
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Recent clinical negligence trial victories for Cloisters: Coakley v. Rosie, Pringle v Nestor Prime Care Services

Coakley v Dr Rosie [2014] EWHC 1790 (QB) HHJ Oliver Jones QC found that the Defendant GP failed to suspect, diagnose or exclude, and consequently failed to treat the Claimant for bacterial meningitis when she should have done and when a reasonably competent GP would have done so. In particular the GP had failed to examine the Claimant’s rashes more...
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Duty of Candour

The results of Department of Health consultation on duty of candour and fundamental standards of care were published 7 th July 2014. From April 2015, subject to parliamentary approval of the Draft Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 , health and social providers will be required to meet fundamental standards of c...
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