- Raymond Machell QC
- Geoffrey Tattersall QC
- David Allan QC
- Winston Hunter QC
- Christopher Melton QC
- Simon Myerson QC
- James Rowley QC
- David Heaton QC
- Andrew Lewis QC
- Sally Hatfield QC
- Richard Pearce
- Mary Ruck
- Peter Burns
- Darryl Allen
- Simon Kilvington
- Benet Hytner QC
Clinical Negligence – Chambers & Partners 2012
|CALL||1995 (Lincoln’s Inn)|
|PRACTICE AREAS||Personal Injury
|APPOINTMENTS||Attorney-General’s Panel of Junior Counsel (1999)
Member of Criminal Injuries Compensation Appeals Panel (2007)
Counsel to T&N compensation scheme for victims of asbestos exposure (2007)
Tribunal Judge (Criminal Injuries Compensation) (2009)
Recorder (Civil) (2010)
Action against Medical Accidents
Northern Administrative Law Association
Darryl has practised in personal injury litigation since completing his pupillage at Farrar's Building, London. He advises and appears on behalf of claimants and defendants. His caseload is now predominantly claims exceeding £100,000, and he is regularly instructed in claims exceeding £1m. Sitting as a Tribunal Judge on Criminal Injuries Compensation Appeals, he has substantial experience of analysing and deciding difficult issues relating to local authority care and accommodation, and claims for loss of earnings. Recommended leading barrister in personal injury work (Chambers & Partners and Legal 500).Concluded cases
C v. D (King J.) - Instructed by Defendant in £8.5m claim (£200,000 PPO) on behalf of severely brain damaged RTA victim (with Geoffrey Tattersall QC). Lump sum compromised for £2.3m. PPO of £125,000 following 2 week trial. Claimant failed to beat PPO Part 36 Offer with substantial costs consequences.
AB v. ST – instructed by tetraplegic ventilator dependent Claimant (with David Allan QC). Recovered lump sum of £2.95m plus £247,500 PPO (£9.5m lump sum equivalent).
TR v. RD – Instructed by brain injured Claimant (with Chris Melton QC). Recovered lump sum of £2.1m plus £60,000 PPO (£3.87m lump sum equivalent).
NB v. First Manchester Ltd – Instructed by Claimant (bilateral amputee) following road traffic accident (with Geoffrey Tattersall QC). Recovered £285,00 lump sum plus £56,500/£78,669 step PPO. Difficult issues of causation, extent of injury and co-morbidities.
Howarth v. The Home Office (Moses J.) – Successful claim for compensation on behalf of former Strangeways Prisoner for harassment and breach of Article 8 rights by prison officers.
G v. M – Instructed by Claimant: £600,000 recovered in claim with substantial dispute as to veracity of Claimant's claims of cognitive impairment (with Chris Melton QC).
TW v. A Ltd – Instructed by Claimant: significant back injury to formwork carpenter following accident at work; substantial dispute as to residual earnings capacity; £460,000 recovered.
TP v. HE Ltd – Instructed by Claimant in fatal accident claim arising out of death of husband/father following failure of hydraulic system on industrial wheel loader. Substantial sum recovered subject to confidentiality agreement.
S v. S – Instructed by Claimant in claim arising out of road rage incident: severe orthopaedic and psychiatric injuries, and sexual dysfunctions; limited evidence as to Claimant's pre-accident income and employment history; £470,000 recovered.
RK v. CICAP (Manchester) - £150,000 award to victim of childhood sexual and physical abuse including substantial award for loss of earning capacity notwithstanding generally traumatic childhood.Sample current cases
- Instructed by tetraplegic infant passenger claimant (with Chris Melton QC).
- Instructed by brain injured infant passenger claimant (with Chris Melton QC).
- Instructed by claimant trawlerman following accident at sea resulting in serious hand injury.
- Instructed by infant RTA victim of running down accident in MIB claim (untraced driver): serious head injury resulting in severe cognitive and behavioural problems (with Winston Hunter QC).
- Instructed by brain injured claimant with significant psychiatric injury following running down accident.
- Instructed by brain injured claimant with significant behavioural problems following frontal lobe brain damage (with David Allan QC)
- Instructed by defendant in high value fatal accident claim.
- Instructed by defendant in complex claim involving PPO, Peters undertaking and reverse indemnity issues (with Winston Hunter QC)
Darryl is regularly instructed to advise and represent patients and their families in clinical negligence claims. His caseload covers a wide spectrum of medical accidents, including delayed diagnosis of cancer, delayed diagnosis of infant brain tumour, surgical errors, birth trauma, hospital acquired infection, management of infant and grown up congenital heart conditions, and community management of diabetes and diabetic complications. He has successfully represented patients in a number of cases of hospital acquired MRSA infection, securing substantial payments of damages at Joint Settlement Meetings. Recommended leading barrister in clinical negligence (Chambers & Partners and legal 500).Illustrative work
DG v. Royal Bolton Hospital Foundation NHS Trust - £1m (approx) lump sum plus step PPO (£17,500/£60,000) settlement arising out of negligent failure to diagnose and treat spinal abscess resulting in incomplete tetraplegia.
KT v. AS – Compromise of liability (substantial recovery) arising out of negligently performed prosthetic lumbar disc surgery resulting in severe chronic pain syndrome. Quantum yet to be tried.
MR v. Wrightington, Wigan & Leigh NHS Trust – Negligent management of anticoagulation resulting in stroke and hemiparesis. Significant issues as to causation and extent of injury in elderly claimant with pre-existing health problems. £250,000 lump sum settlement.
PR v. Salford and Trafford Health Authority - £625,000 settlement arising out of negligent historical failure to correct club foot deformity (1978) resulting in below knee amputation.
Holly v. O’Malley & Ors (Elias J.) – £500,000 settlement arising out of failure to diagnose and treat diabetic retinopathy leading to complete loss of vision for construction worker.
M v. North Cheshire NHS Trust and Another - Delayed diagnosis and treatment of breast cancer – Reduced life expectancy – Successful recovery of damages for loss of parental and domestic services during ‘lost years’ - £400,000 recovered.
Chiles v. Bolton Hospitals NHS Trust – Negligent management of ‘grown up congenital heart condition’ in pregnancy – Fatal Accidents Act claim on behalf of widower and two children - £400,000 settlement.
RL v. Barnet & Chase Hospitals NHS Trust - £330,000 settlement arising out of hospital acquired MRSA infection (liability denied).
PM & Anor v. North Cheshire Hospitals NHS Trust – Maternal death following negligently performed amnioscentesis – Fatal Accidents Act claims on behalf of widower and child, and maternal mother (nervous shock) - £250,000 recovered.
FO v. Blackpool Fylde & Wyre Hospitals NHS Trust - £115,000 settlement arising out of hospital acquired MRSA infection (liability denied).
Rosario v. St George’s Hospital NHS Trust – Failure to warn of risks associated with Botulinum Toxin treatment of recurrent temporo-mandibular joint dislocation – anxiety and depression - Judgment for claimant following 5 day trial.
DW v. University Hospitals of Morecambe Bay NHS Trust – Delayed diagnosis of post-partum haemorrhage at midwife led maternity unit resulting in hysterectomy and psychiatric injury - £82,500 recovered.
PW v. Pennine Acute Hospitals NHS Trust – Negligent nursing care leading to Grade 5 pressure sore - £75,000 recovered.Sample current cases
- Mismanagement of labour resulting in cerebral palsy.
- Failure to refer diabetic foot complications resulting in bilateral lower limb amputations.
- Failure to identify and treat maternal infection leading to cerebral palsy.
- Failure to diagnose and treat evolving cauda equina syndrome.
- Delayed diagnosis and treatment or retinopathy or prematurity resulting in significant loss of vision
- Negligent hip replacement surgery.
- GP failure to refer patient presenting with obvious neurological symptoms and complaints resulting in delayed diagnosis of brain tumour.
- Various claims arising out of negligent care in residential/nursing care homes resulting in severe pressure sores.
- Mismanagement of labour resulting in profound brain damage to child leading to death in early life; psychiatric injury to mother and father as secondary victim.
- Claim against EU plastic surgeon for negligent cosmetic surgery: loss of career as successful model.
- Failure to diagnose congenital hip displacement.
- Delayed diagnosis of infective arthritis in infant claimant resulting in significant hip deformity and major leg extension and reconstructive surgery. Liability eventually conceded after exchange of expert evidence. Quantum yet to be tried.
Darryl is regularly instructed to represent the GMC before Fitness to Practise Panels. Examples:
GMC v. Dr C – Misconduct. Surgery beyond competence of “Consultant” practising at Independent Sector Treatment Centre. Substandard surgery and subsequent dishonesty in relation to notes and communication with other surgeons.
GMC v. Dr K - Misconduct. Improper allegations to police against Consultant Colleague.GMC v. Dr A – Misconduct. Dishonesty. Falsification of qualifications in job applications and CVs. Dishonest misrepresentation to employer, GMC and police.
Darryl’s professional negligence practice relates primarily to actions against legal advisers arising out of failed or inappropriately compromised personal injury and clinical negligence claims.
Darryl is retained Counsel to the T&N compensation scheme for victims of asbestos exposure and victims of other occupational disease. Recent work includes representing a waste site machine operator who developed throat cancer after exposure to asbestos waste (C v. S.L. Ltd – settled at JSM; instructed with Chris Melton QC).
E: Contact by email
T: 0161 829 2100
F: 0161 829 2101
Byrom Street Chambers
12 Byrom Street