- 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
- Richard Pearce
- Sally Hatfield
- Mary Ruck
- Peter Burns
- Darryl Allen
- Benet Hytner QC
Chambers & Partners
| CALL | 1983 (Middle Temple) |
| SILK | 2008 |
| PRACTICE AREAS | Personal Injury Clinical Negligence Professional Liability Criminal Injuries |
| APPOINTMENTS | Recorder 2005 |
| ASSOCIATIONS | PIBA PNBA Northern Circuit Medical Law Association |
David has practised in personal injury litigation throughout his career. He advises and appears on behalf of both claimants and defendants. He was involved in the Ativan group action in the 1990s. He now specialises predominantly in high value and complex claims usually involving brain damage resulting in motor, cognitive, personality and behavioural changes and spinal injury resulting in tetraplegia and paraplegia. He has wide experience of the investigation and presentation of issues arising from local authority accommodation and care.
Representative concluded casesES v CICA – Instructed by applicant in a criminal injuries compensation claim where the then infant applicant had sustained a severe brain injury at the hands of his father resulting in asymmetric cerebral palsy manifesting itself in severe mobility, intellectual impairment, significant communication problems and visual difficulties. The applicant had epilepsy and behavioural problems. He lacked capacity to manage financial matters of any sort. He required 24 hour care and special schooling. The CIC panel made an award of £5.7million on a 100% basis but reduced this by the uprated value of an approved clinical negligence settlement on a partial recovery basis arising from the same facts where the hospital had failed to recognise that the applicant had suffered some non accidental injuries and discharged him home to the care of his father who then caused the brain injury. The net value of the award was £2.7million.
B v S – Instructed by defendant in a claim by a female claimant with long life expectancy claimed substantial periodical payments of damages for future care and case management where on a conventional basis claim valued at in excess of £7.5m
B v F & MIB – Instructed on behalf of Polish claimant suffering orthopaedic, neurological and urological and colo-rectal injuries in accident at work in England and who had returned to live in Poland recovered substantial damages for future loss of earnings and future care
K & K C – Instructed by defendant in Fatal Accident Act claim where the claim for dependency was founded on the premise that it was contended that the deceased graduate would have opened a successful private school in Pakistan
Wright v Sullivan [2005] EWCA Civ 656 – Instructed by the claimant in an appeal in which the Court of Appeal held that a case manager appointed by a severely injured person to assist her owed duties to the patient alone and had to make decisions in the best interest of the patient. Her role would be that of a witness of fact and not an expert and she should not be appointed by the parties jointly.
McLaughlin v F & B Limited (Simon J. 7/2/2003) – Instructed by the defendant in a claim by a tunnel miner where it was held that he have only worked to age 55 years [and not to age 60 or 65 as he contended] because of supervening lupus.
White v Fell (1987 unreported) – Instructed by the defendant in the first case in which the test for mental capacity was expounded by Boreham J. which decision which was later followed in Masterman Lister v Jewell & Home Counties Dairy.
Representative current casesInstructed on behalf of claimants who are Commonwealth citizens who sustained Non Freezing Cold Injuries during British Army training as a result of which they have been medically discharged thereby losing the opportunity to acquire British Citizenship and o live and work in the UK
Instructed by claimant in brain injury claim where capacity to litigate and manage own property and affairs are both in issue
Instructed by defendant in brain injury claim where there are significant issues as to pre-accident potential to work and to live independently
David has extensive experience of all types of clinical negligence litigation both for claimants and defendants including:
- Midwifery/obstetric mismanagement involving IUGR, inadequate CTG monitoring, excessive use of syntocinon, twin deliveries and mismanagement during labour of cord prolapse, maternal pre-eclampsia, previous Caesarean section and shoulder dystocia
- Neonatal mismanagement involving an erroneous injection of potassium sulphate, hypoglycaemia, persistent pulmonary hypertension, GBS infection and retinopathy of prematurity
- Failures to diagnose and treat meningitis, sub-arachnoid haemorrhage, a brain tumour, other cancers, pyloric stenosis, ectopic pregnancy, acute pancreatitis, cauda equina syndrome, cardiac disease and stroke
Representative concluded cases:
AB v Central Manchester University Hospitals NHS Foundation Trust – Instructed by the claimant in a claim for damages for cerebral palsy where the approved settlement comprised a contingency sum and substantial ASHE-Linked periodical payments for future care and case management which, on a conventional basis, was valued at over £4.8 million.
Tameside & Glossop Acute Services NHS Trust v Thompstone [2008] EWCA Civ 5 – The Court of Appeal upheld the decisions of judges in three cases at first instance that periodical payments for future care and case management should be indexed to ASHE 6115 at the relevant percentile rather than to the RPI.
Smart v East Cheshire NHS Trust [2003] EWHC 2806 (QB) – Gage J. gave guidance on the proper approach to a cost capping application made by a defendant in a single claimant clinical negligence action.
D v S & B NHS Trusts – Instructed by the claimant in a Fatal Accident Act claim arising out of negligent failure to diagnose and treat a sub-arachnoid haemorrhage
F v EL Health Authority – Instructed by the claimant in a claim where a substantial settlement was approved including full ASHE-indexed periodical payments for future care and case management with passive reverse indemnity where claimant had been receiving PCT nursing care and local authority direct payments
D v C&MSHA – Substantial settlement approved in brain injury claim where liability disputed in claim arising out of alleged failure adequately to re-hydrate infant prior to surgery for pyloric stenosis in early 1960s
Representative current cases:- Instructed by claimant with cerebral palsy alleged to have been caused by negligent delay in hospital delivery
- Instructed by claimant who suffered brain damage where there was an admitted delay in the diagnosis and treatment of a brain tumour in the 1980s and where the causation issues include what the treatment and outcome would then have been
- Instructed by claimant with asthma who developed osteoporosis allegedly caused by the negligent over-prescribing of steroids and failure to make early referral to respiratory physician
- Instructed by claimant where issue is whether, due to the impossibility of proving causation on the “but for” test, the claimant is entitled to damages on the ground that the defendant’s alleged negligence materially contributed to the cumulative damage resulting in his cerebral palsy
David Heaton QC
E: Contact by email
T: 0161 829 2100
F: 0161 829 2101
Byrom Street Chambers
12 Byrom Street
Manchester
M3 4PP