Chambers & Partners 2024 (Clin Neg) - Band 1

Mary Ruck is a hugely popular choice for highly complex fatal delayed diagnosis, spinal injury and gynaecology cases. She has notable experience in birth-related brain injury cases.

"Mary has a keen eye for detail and is very thorough in her investigation of a case."

"Mary's attention to detail is phenomenal. She's very attentive and is extremely conscientious in making sure everything is prepared and she leaves no stone unturned."

"She is a fearless advocate for her clients."

Mary is described in the directories as a hugely popular choice for complex cases with notable experience in birth brain injury cases, possessing excellent analytical skills with amazing attention to detail and a forensic approach to complex cases.

Mary has a long-held interest in medical law, stemming from post graduate academic study in Medical Law and Ethics with Professor Ian Kennedy at King's College, London.

Mary spent her early career at the London Bar before moving to Manchester.

In 2008 Mary moved to Byrom Street Chambers, as a senior junior. She particularly enjoys the variety of work that position brings within her specialism. She is established as a specialist in clinical negligence, serious personal injury and fatal injury cases. She has a particular interest in the human rights aspects of medical law and has litigated claims in the ECHR resulting in awards of damages and friendly settlement. She has experience of medical regulatory work. She acts routinely as a senior junior alone against Silk.

She undertakes cases nationwide with clients largely in the Northwest, London and the Southwest.

Mary undertakes conferences hearings in-person, remotely and a hybrid of remote/in-person working. She lectures regularly for Chambers and undertakes training for the Northern Circuit.

Mary was appointed to the First Tier Tribunal, Mental Health in 2007 and to the Special Educational Needs and Disability Tribunal in 2019.

Mary supports the Evolve Foundation for International Legal Assistance, assisting with submissions for clients on death row in Uganda.

PRACTICE AREAS

Clinical negligence
Personal Injury
Healthcare
Human Rights Fatal Accidents
Professional Discipline

CASELOAD

Claims are of high value and are usually complex in terms of law or medicine or both. Less valuable claims will involve a particular issue of legal importance or novelty. Mary has particular interest in and experience of claims arising out of brain injury.

Mary undertakes Article 2 inquests with and without a jury in cases involving deaths in custody, care homes and psychiatric hospitals and numerous cases under the Fatal Accidents legislation with particular emphasis on cases involving vulnerable clients and systemic failings. She is currently involved in Article 2 Inquests arising out of Covid-19.

Mary was involved in the Kenyan Emergency Group Litigation from 2012. She represented 20,000 victims of torture at trial in the High Court between May 2016 and October 2018. She was the First Junior in a team involving three leading counsel, including specialist leading counsel on international law. She managed a team of juniors with responsibility for pleadings and submissions in relation to 27 Test Claimants.

She undertook cross examination of medical witnesses and made oral submissions to the Court in interlocutory and final hearings. She undertook the drafting of legal arguments, including submissions in relation to interlocutory hearings on domestic and international law, the drafting of petition to the Supreme Court and submissions for the Court of Appeal.

Mary represented the Claimant parents in Khan -v- UK from first instance to its eventual successful resolution in Strasbourg, with significant developments in domestic law at the Court of Appeal concerning the duty of care owed to children. Her argument at first instance regarding the rights of parents was successful in the ECHR.

IMPORTANT CASES

Re CM [2021]: successful resolution at trial, where Defendant arguing statutory funding sufficient in a catastrophic injury where client is subject to a section 41 restriction order; pending resolution of a separate argument on the recoverability of personal injury trust costs. The case required consideration of cross-border funding and care arrangements with the Republic of Ireland for patients under restriction pre- and post-Brexit.

Kimathi & Ors -v- Foreign and Commonwealth Office [2018] 605 QB, concerning trial judge’s finding on limitation.

Kimathi & Ors -v- Foreign & Commonwealth Office [2015] – [2018]: multiple interlocutory decisions.

RK and AK -v- Oldham NHS Trust and Dr B Lloyd's Law Report Medical [2003]1
JD, MAK & RK & Anor -v- East Berkshire Community Health NHS Trust & Ors [2005] UKHL 23;
JD, MAK & RK & Anor -v- East Berkshire Community Health NHS Trust and Ors [2005] EWCA Civ 1151;

RK and AK -v- United Kingdom (Application No 38000/05): use of the Human Rights Act 1998 to argue for a duty of care to children and parents in medical misdiagnosis of non-accidental injury, leading to care proceedings

Anderson -v- Blackpool Wyre and Fylde Community Health Services NHS Trust (2003) (unreported); split trials on liability and quantum; lead by Andrew Moran QC. Eventual award of over £2 million for Claimant needing constant care due to severe PTSD; one of the largest known awards at the time for psychiatric injury; included representation (without silk) in front of the Court of Appeal regarding trial judge’s decision on evidence.

Wardlaw -v- Farrar [2003] EWCA Civ 1719: represented on appeal to the Court of Appeal. Concerning causation of/contribution to death from pulmonary embolism (pre – cursor to Bailey); concerning service of experts’ literature

Ziemniak -v- EPTM Deep Sea Limited [2003] EWCA Civ 636; concerning trial judge’s finding on duty of care for catastrophically injured dockworker; right of civil action under the Merchant Shipping (Life Saving Appliances) Regulations 1980, SI 1980/538.

SAMPLE CURRENT CASES

LH: birth brain injury; against Angus Moon QC; approval of settlement before Turner J in February 2021; now proceeds on quantum

CM: catastrophic injury arising from sepsis; quantum resolved at trial in May 2021; pending hearing on recoverability of personal injury trust costs for vulnerable claimant

DLS: delayed diagnosis of retinopathy of prematurity; proceeds on quantum with issues of overlap/double recovery

SC: PTSD arising out of workplace bullying

JS: catastrophic injury from RTA of young claimant; liability resolved, proceeding on quantum

Fatals cases: deaths from Covid; negligent discharge from psychiatric care leading to suicide; negligent mismanagement of post-partum care.

APPOINTMENTS

First Tier Tribunal Judge,  Health and Social Care Tribunal (formerly MHRT) (2007)

Assistant editor of the Fatal Accidents section of Butterworths Personal Injury Litigation Service.  

Human Rights Commission Preferred Counsel Panel (2011)

Legal Adviser to the Republic of South Africa for National Summit on Asbestos in Johannesburg (1998)

ASSOCIATIONS

Professional Negligence Bar Association

AvMA

Northern Circuit Medical Law Association

PERSONAL INFORMATION