- Manchester
- clinical negligence, criminal defence
- a.ball@hempsons.co.uk
- 0161 234 2402
The leading national defendant clinical negligence firm
We are the leading national defendant clinical negligence firm, with two of our offices ranked as ‘top tier’ by the Legal 500 and many of our team attracting individual praise. Our 70+ strong team of lawyers advise NHS Resolution, NHS trusts, medical defence organisations and individuals on wide ranging and important issues providing intelligent and novel solutions. We are described as ‘second to none’ by the Chambers UK guide and have huge experience in dealing with the most complex birth injury and wrongful birth claims. The team is recognised for its knowledge of the healthcare field. We also have an in house costs team as we appreciate that the cost of litigation is one of our clients’ major concerns.
‘Traditionally recognised in the clinical negligence field as a leader, Hempsons is able to handle cases at all levels. Fee earners are clever, knowledgeable and very easy to work with.” – Legal 500 2020
“A great deal of thought goes into cases that reach the firm and their judgement as to the merits of cases is second to none.” – Legal 500 2020
“A team which has a well established reputation but does not in any way rest on its laurels.” – Legal 500 2020
“The team has a wealth of experience and access to the best experts.” – Legal 500 2020
“Hempsons have many years experience of working with public sector organisations – their ability to keep pace with the numerous changes has made them the go-to firm for clear advice on healthcare matters.” – Legal 500 2020
“Their expertise and knowledge is unrivalled and they can always be relied on to have an understanding of the issues at hand.” – Legal 500 2020
“They have real expertise and experience in dealing with clinical negligence claims.” – Legal 500 2020
“Excellent service – Hempsons have an in-depth knowledge of NHS practices. Their advice is sound, well rounded and practical.” – Legal 500 2020
“The team is extremely client focused, especially at the more senior levels.” – Legal 500 2020
“The Hempsons team is comprised of highly experienced, dedicated and professional lawyers but ones with whom you can still have an easygoing conversation and who are good humoured.” – Legal 500 2020
“Hempsons is a firm steeped in healthcare law from the perspective of medical defendants.” – Chambers UK 2020
“Their main strength is their experience in the field; they know the industry inside out and know how to handle difficult cases.” – Chambers UK 2020
“Market sources highlight the team for its ‘strength in depth and extensive medical knowledge’.” – Chambers UK 2020
Key services and issues
- Defendant litigation team with experience of a full range of claims
- Class actions and other group litigation
- Birth injury and other high value claims
- Quantum advice
- Costs team
- Periodical payments
- Indexation
- Dental claims
- Mental health knowledge
- Patient safety and risk management advice
- Knowledge of the whole healthcare sector
- Challenging conditional fees
- Mediation and other forms of ADR
For practitioners who receive or are involved in a claim:
Receiving a letter of claim
If you have received a “letter of claim” it is important to seek expert legal advice as soon as possible. You will generally have four months in which to investigate the case against you and produce a “letter of response”. Our market leading team of defence lawyers can help you make sure you use that time effectively, in order to produce a robust response – or, where necessary, identify the best way of settling the claim before court proceedings are issued. We can help you with obtaining relevant advice from the relevant medico-legal experts, before devising the appropriate strategy and corresponding with the other side on your behalf. If it is not possible to resolve the matter pre-action, we are able to accept service of court proceedings on your behalf and go on the record with the court as your representatives.
Court proceedings
If a claimant has indicated that they are going to serve court proceedings on you, and even more so if you have actually received court documentation, it is vital that you seek advice and representation as soon as possible, to ensure that all court deadlines are met, and that your defence case is put together as effectively as possible. Hempsons’ leading national team of clinical negligence defence lawyers has years of experience of dealing with court proceedings, and over the years we have forged relationships with the leading barristers in the country, so we can ensure you have access to the very best representation and advice, exactly when you need it most.
Whatever the nature of the claim against you, we have the expertise to help you. Contact us today to speak to one of our specialists.
PeopleView all
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- Manchester
- information law, healthcare litigation
- c.alderson@hempsons.co.uk
- 0161 234 2448
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- Manchester
- clinical negligence, criminal defence
- a.ball@hempsons.co.uk
- 0161 234 2402
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- Manchester
- healthcare litigation, clinical negligence
- j.baxendale@hempsons.co.uk
- 0161 234 2494
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- Manchester
- healthcare litigation, clinical negligence
- k.blohm@hempsons.co.uk
- 0161 234 2451 / Twitter: @BlohmKb
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- Manchester
- healthcare litigation, clinical negligence
- s.bower@hempsons.co.uk
- 0161 234 2407
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- London
- inquest and inquiries
- s.bowes@hempsons.co.uk
- 0207 484 7502
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- London
- inquest and inquiries
- n.bozorgi@hempsons.co.uk
- 020 7484 7609
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- Manchester
- healthcare litigation
- f.brecker@hampsons.co.uk
- 0161 234 2482
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- Manchester
- healthcare litigation, clinical negligence
- j.chapman@hempsons.co.uk
- 0161 234 2414
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- London
- healthcare litigation, clinical negligence
- g.chawla@hempsons.co.uk
- 020 7484 7583
-
- Manchester
- healthcare advisory
- h.claridge@hempsons.co.uk
- 0161 234 2427
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- Manchester
- clinical negligence
- c.crawford@hempsons.co.uk
- 0161 234 2450
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- Harrogate
- healthcare litigation, clinical negligence
- m.cutts@hempsons.co.uk
- 01423 724090
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- Harrogate
- clinical negligence/healthcare litigation
- aed@hempsons.co.uk
- 01423 724006
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- Manchester
- regulatory, private practitioners, healthcare litigation, healthcare
- k.dean@hempsons.co.uk
- 0161 234 2457
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- Harrogate
- clinical negligence
- v.dezsenyi@hempsons.co.uk
- 01423 724136
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- Newcastle
- healthcare clinical negligence
- s.dixon@hempsons.co.uk
- 0191 230 6076
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- Manchester
- health and safety, inquest and inquiries
- j.down@hempsons.co.uk
- 0161 234 2496
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- Harrogate
- healthcare advisory
- p.doyle@hempsons.co.uk
- 01423 724028
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- London
- regulatory, crime and professional discipline
- s.dubb@hempsons.co.uk
- 020 7484 7608
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- Harrogate, Newcastle
- mental health, healthcare litigation, healthcare advisory
- s.evans@hempsons.co.uk
- 01423 724010
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- London
- fitness to practise; criminal defence
- t.francis@hempsons.co.uk
- 020 7484 7547
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- Harrogate
- healthcare litigation, clinical negligence
- h.freeman@hempsons.co.uk
- 01423 724131
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- Harrogate
- healthcare advisory
- r.harding@hempsons.co.uk
- 01423 724 114
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- Manchester
- healthcare litigation, regulatory
- j.hesketh@hempsons.co.uk
- 0161 234 2463
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- London
- inquest and inquiries
- j.holmes@hempsons.co.uk
- 020 7484 7557
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- Harrogate
- real estate
- a.igbonaju@hempsons.co.uk
- 0142 372 4016
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- Manchester
- healthcare litigation
- c.jackson@hempsons.co.uk
- 0161 234 2408
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- Manchester
- healthcare litigation, clinical negligence
- s.jones@hempsons.co.uk
- 0161 234 2433
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- London
- clinical negligence
- h.bhandari@hempsons.co.uk
- 020 7484 7620
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- Harrogate
- healthcare litigation, clinical negligence
- k.kendall-smith@hempsons.co.uk
- 01423 724043
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- London
- healthcare litigation, clinical negligence
- j.laybourn@hempsons.co.uk
- 0207 484 7529
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- Manchester
- healthcare litigation, clinical negligence
- k.macdonald@hempsons.co.uk
- 0161 234 2406
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- Newcastle
- clinical negligence
- s.maratos@hempsons.co.uk
- 0191 230 6045
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- Manchester
- healthcare clinical litigation
- h.mccabe@hempsons.co.uk
- 0161 234 2424
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- Harrogate
- healthcare litigation, clinical negligence
- m.mcfarlane@hempsons.co.uk
- 01423 724021
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- Harrogate
- healthcare litigation, clinical negligence
- c.murphy@hempsons.co.uk
- 01423 724034
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- Manchester
- healthcare litigation, clinical negligence
- n.overton@hempsons.co.uk
- 0161 234 2456
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- Harrogate
- healthcare litigation, clinical negligence
- h.pearson@hempsons.co.uk
- 01423 724030
-
- Manchester
- Healthcare litigation
- j.popplewell@hempsons.co.uk
- 0161 234 2488
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- Manchester
- healthcare litigation, clinical negligence
- p.roe@hempsons.co.uk
- 0161 234 2452
-
- Harrogate
- healthcare litigation, clinical negligence
- l.scott@hempons.co.uk
- 01423 724038
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- Manchester
- healthcare litigation, clinical negligence, inquest & inquiries
- j.sharples@hempsons.co.uk
- 0161 234 2490
-
- Harrogate
- inquest and inquiries
- h.stephenson@hempsons.co.uk
- 01423 724138
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- Harrogate
- healthcare litigation, clinical negligence
- e.summerfield@hempsons.co.uk
- 01423 724111
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- London
- healthcare litigation, clinical negligence
- h.talwar@hempsons.co.uk
- 020 7484 7596
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- London
- healthcare litigation, healthcare advisory
- e.thomas@hempsons.co.uk
- 020 7484 7637
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- Manchester
- healthcare litigation, clinical negligence
- t.waheed@hempsons.co.uk
- 0161 234 2475
NewsView all
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6-month custodial sentence for exaggerated medical negligence damages claim
The case of Calderdale and Huddersfield NHS Foundation Trust v Linda Metcalf highlights the very serious consequences of dishonest and exaggerated claims against the NHS.
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Advance care planning – a difficult path to tread?
Advance care planning which is patient specific will not only ensure it acts as a protector of patients’ rights and wishes, but will also be a shield for clinicians against complaint or claim and is an essential tool for providers in ensuring a comprehensive service.
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Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick
On 1st December 2020 the Divisional Court gave judgment in this unusual judicial review involving the circumstances in which a child or young person under 18 may be competent to give valid consent to treatment in law for the use of hormone or puberty blockers for gender dysphoria, and the process by which consent to treatment is obtained.
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Beware, don’t underestimate a voluntary police interview
Facing a voluntary police interview? Learn its seriousness, why legal support is crucial, how to protect your rights & navigate the process.
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Claimant found guilty of criminal act cannot claim damages against negligent NHS trust
The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.
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Clinical negligence – Fatal accidents update and quantum cases of interest – April 2017
Our update on recent clinical negligence cases sees Hempsons comment on legal issues and quantum points arising. Click here to read more about these cases. Please speak to Stephen Maratos with any questions.
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Clinical Negligence Cases of Interest – January 2017
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Clinical negligence scheme for general practice – are you covered?
NHS Resolution has published a summary of the activities and roles which are covered by the clinical negligence scheme for general practice (“scheme”).
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Clinical negligence: duty and breach
This is the first in a two-part series about clinical negligence, in which we will look at the essential components of a claim. In a nutshell, in order for a successful clinical negligence claim to be made, the claimant must show that the defendant healthcare practitioner/provider:
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Covid-19: Key legal considerations arising from the pandemic
Hempsons and NHS Providers launch guide covering the legal liabilities that are likely to arise due to the pandemic.
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Custodial sentence for exaggerated claim against the NHS
Linda Metcalf has received an immediate 6-month custodial sentence for her deliberate attempt to defraud the NHS and deceive the Court. She has also been ordered to pay the Trust’s costs of the proceedings. Sentence was passed by Mr Justice Griffiths in the Leeds District Registry on 11.02.21.
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Defendant obtains Summary Judgment in Clinical Negligence Claim: Hewes v West Hertfordshire Hospitals NHS Trust & Ors...
In Hewes the Third Defendant (GP) was able to obtain Summary Judgment against the Claimant who had suffered with Cauda Equina Syndrome.
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Defendant obtains wasted costs order against Claimant’s medico-legal expert: Samantha Thimmaya v Lancashire Teaching Hospi...
This case highlights the importance of Medico-Legal Experts duties to the Court and the potential consequences when they fail in those duties.
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Five top tier rankings for Hempsons in the Legal 500 2023 UK guide
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Five years of cerebral palsy claims – NHS Resolution report
Today sees the publication of NHS Resolution’s report reviewing the causes of these tragic, but thankfully rare, incidents. The author, NHSR’s Darzi Fellow Dr Michael Magro, has made the following recommendations...
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Foreseeability and causation in clinical negligence cases
This article summarises the law on foreseeability and causation in clinical negligence cases. It focuses on what a claimant needs to prove and the development of the law in these areas.
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Hempsons announces partner and associate promotions
Hempsons is delighted to announce this year’s round of partner and associate promotions.
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Hempsons celebrate new rankings in the Chambers UK Guide 2023
The Chambers UK Guide 2023 has been published and the most significant change in this year’s rankings sees us ranked for the first time in the Police Law: Mainly Defendant category, in Band 3.
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Key Legal Developments Update – October 2019
Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.
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Kore v Brocklebank – pre-action Part 36 offers in fatal accident claims
This case highlights the importance of raising enquiries regarding the identity of potential dependants at an early stage and carefully wording offers in pre-action fatal claims, as there are potential pitfalls on both sides.
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Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration
Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration
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Limitation – Mossa v Wise
The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.
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Limitation arguments – how hard can it be?
The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.
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Limitation in clinical negligence – a summary guide
This is the third article in a three-part series looking at limitation arguments in clinical negligence claims. The first two articles considered case law and this article will provide an overview of the applicable law.
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New Year partner and associate promotions
We are delighted to announce a new partner and several associate promotions, providing a major boost to our healthcare advisory, healthcare litigation, commercial and real estate teams.
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Newsflash: Court of Appeal determines that Cheshire West does not apply in acute care settings
-
Part 36 offers – what happens when they have been withdrawn?
BritNed Development Limited v ABB AB and ABB Limited [2018] EWHC 3142 (Ch) In this case Mr Justice Marcus Smith’s Judgment on costs offers sets out guidance on how Courts can give weight to Part 36 offers which were made but subsequently withdrawn during the main action.
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Pectus Excavatum and Surgical Intervention
Pectus Excavatum is a congenital deformity where the ribs and sternum grow abnormally forming a caved-in chest wall. In most patients, the only symptom is the cosmetic indentation of the chest although, in more severe cases, there can be respiratory problems and chest pain. Surgery involves placing titanium bars beneath the ribs and sternum to push the chest back out.
-
Podcast: CNSGP – what is the NHS Resolution indemnity scheme for GPs?
In our latest podcast, healthcare litigation expert Patricia Roe and primary care expert Justin Cumberlege have summarise the key points of their webinar on the CNSGP, the NHS Resolution indemnity scheme for GPs.
-
Sanderson v Guy’s and St Thomas’ NHS Foundation Trust – the role of NICE Guidelines in clinical negligence cases
This case highlights that the NICE Guidelines are not intended to provide a practitioner with the complete description of the appropriate management and must be interpreted in conjunction with clinical judgment in light of the whole clinical picture.
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Secondary victim claims – a recap of the requirements following new case considering question of proximity
Case law update: Master Cook confirmed that secondary victim claims in cases of Clinical Negligence require proximity to the “relevant event”, not simply proximity to the final consequence of the negligence.
-
Straight Talk – The implications of unlawful discharge
In this case, the daughters of two care home residents who died of COVID-19 brought a judicial review of policies and guidance released in March and April 2020. Philippa Doyle and Jolena Bullivant-Clark discuss the case.
-
Telemedicine – clinical negligence considerations
Elizabeth Thomas explores the significant role of telemedicine and the steps which can reduce the burden on patients and the public purse.
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The real costs of negligence claims – who pays?
Niloo Bozorgi looks at the costs of clinical negligence claims for independent practitioners and upcoming changes that will affect them.
-
Vicarious Liability and independent contractors – recent Supreme Court decisions
On 1 April 2020 the Supreme Court handed down two Judgments in Barclays Bank Plc v Various Claimants [2020] UKSC 13 and WM Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12 in which the Court appears to be moving against vicarious liability. This article sets out the decision in Barclays Bank and considers the independent contractor Defence.
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When should I tell my regulator about a criminal investigation?
It is crucial to familiarise yourself with your disclosure obligations to your specific regulatory body when facing a criminal investigation. Hannah Cheesebrough explains why controlling the narrative presented to your regulator from the outset will help your defence.
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Working group to lead medical manslaughter review announced by GMC
Hempsons’ Bertie Leigh joins the working group for Dame Clare Marx’s independent review into gross negligence manslaughter (and culpable homicide in Scotland) in the medical profession
-
Young autistic people still dying despite coroner warnings over care
The BBC have conducted an investigation into the deaths of over 4,000 autistic people over the last 10 years.
Resources
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Chambers UK 2017
“[Adam is] a real thinker... If you have a problem case, he can find a way to tackle it.”
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Chambers UK 2018
“He’s unflappable, calm and level-headed. He’s good at managing the stress of the client.”
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Chambers UK 2019
“I would describe him as being great in a case analysis – he has a very intellectual, careful and cautious approach, and he is great at determining strategy.”
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Chambers UK 2020
“Very astute, switched-on and practical.”
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Chambers UK 2017
“Adrienne D'Arcy is an excellent lawyer who has real attention to detail. She carries the confidence of the client and she's comfortable in the advocacy that she gives. ”
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Chambers 2019
“Really knows her stuff and is particularly strategic.”
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Legal 500 2018
“Calm and very professional”
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Chambers UK 2017
“Anne Ball is vastly experience with very good tactical sense. She's a good strategic thinker about claims. ”
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Chambers UK 2017
“Anne Ball is an extremely impressive individual who is hugely experienced and spot-on with her strategy. ”
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Chambers UK 2019
“Massively experienced and has great tactical awareness.”
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Chambers UK 2019
“She has vast experience and brings a sense of calmness and genuine efficiency to any case.”
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Legal 500 2016
“Anne Ball is very sharp on detail.”
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Legal 500 2019
“Massively experienced with great tactical awareness.”
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Legal 500 2019
“High quality advice and...very professional and dedicated.”
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Chambers UK 2017
“Bertie Leigh commands the respect of the market nationwide, with sources describing him as the doyen of clinical negligence, also noting that he continues to dazzle. ”
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Chambers UK 2019
“The "eminent" Bertie Leigh is an esteemed veteran of the clinical negligence market, with particular expertise in relation to obstetrics and gynaecological issues. He maintains a stellar reputation in the market, utilising his considerable experience to advise a range of health authorities.”
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Chambers UK 2019
“Bertie Leigh continues to enjoy a “formidable reputation” in the healthcare market, particularly where contentious healthcare regulatory work overlaps with clinical negligence.”
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Legal 500 2016
“The insightful, acute and incisive Bertie Leigh leads the clinical negligence practice. ”
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Chambers UK 2019
“She's a details person who is very knowledgeable and extremely good at managing difficult clients.”
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Legal 500 2017
“An excellent clinical knowledge with an almost encyclopedic knowledge of regulatory law in the medico-legal field”
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Legal 500 2019
“Handles difficult clients with real skill, and is straight talking and knows the law inside out.”
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Chambers UK 2017
“Kathleen Wilson is an excellent lawyer who is healthcare-based through and through. ”
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Legal 500 2019
“Years of experience and lots of common sense and legal nous.”
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Legal 500 2017
“Extremely supportive and is prepared to go that extra mile”
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Chambers UK 2017
“Kirsten Blohm marries an ability to focus on the detail with a very impressive ability to see things in context and look at the bigger picture. ”
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Chambers UK 2019
“She couples excellent knowledge with a practical mind. She is fantastic with clients and always incredibly well prepared.”
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Legal 500 2016
“Kirsten Blohm is singled out for her ability to stay calm under pressure.”
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Legal 500 2016
“Kirsten Blohm works hard to achieve a fair outcome for both sides.”
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Legal 500 2019
“Unflappable and tenacious litigator who is very willing to discuss new ways to resolve matters.”
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Legal 500 2019
“Extremely thorough...delivers advice in a timely manner.”
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Legal 500 2017
“Simeon Bower is an ‘excellent litigator whose quiet and calm approach is underpinned by great skill and a strong nerve’.”
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Legal 500 2019
“Shrewd and realistic litigator”
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Chambers UK 2016
““[Simon is] a vigorous and effective advocate” who is “very able and thorough.” “He continues to be highly regarded for his representation of healthcare practitioners."”
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Chambers UK 2017
“[Simon has] robust advice combined with tactical awareness and a good client manner. He is well regarded in the marketplace for his representation of medical professionals facing disciplinary proceedings.
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Chambers UK 2018
“He’s very experienced and knows the regulation of medical professionals inside out. He’s very thorough and very knowledgeable.”
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Chambers UK 2020
“Simon Eastwood is a standout lawyer who is well known for defending healthcare professionals before the GDC and GMC. Sources say: “He is hugely experienced. What he doesn’t know about regulatory work isn’t worth knowing.”
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2016
“Friendly, unpretentious and prepared to work hard to achieve results.”
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Chambers UK 2017
“[He is] ‘a very astute and thoughtful tactician’ with sources commending his ability to ‘identify the real issues and consequences of problems and devise the appropriate strategy.”
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Chambers UK 2018
“[Stephen is]…very bright, very clever and works incredibly well with clients, counsel and legal experts”
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Chambers UK 2019
“He is very loyal to his clients, very tenacious and absolutely dedicated.”
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Chambers UK 2020
“[Stephen Hooper] asks the right questions and takes a systematic approach.”
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Legal 500 2017
“Stephen is described as] an ‘imaginative’ associate with a ‘refreshing approach to legal problems.”
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Legal 500 2020
“Stephen Hooper is thoughtful, hardworking, and approachable.”
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Chambers UK 2013
“Huge commitment and passion for the job without being unrealistic about what can be achieved... [He is] entirely straightforward, and he fights very hard for his client. He’s the ideal solicitor.”
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Chambers UK 2017
“The highly experienced Surjit Dubb receives praise for his proficiency in "managing the case and the anxiety of the doctor."”
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Chambers UK 2018
“He has an excellent manner with clients. He’s very realistic and very down-to-earth.”
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Chambers UK 2019
“He’s a very thoughtful solicitor who thinks strategically and tactically.”
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Legal 500 2018
“Has unmatched client care and attention to detail.”
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Legal 500 2020
“Surjit is a cool, calm strategist who inspires confidence in his clients and fear in his opponents.”
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Legal 500 2017
“Excellent at health care”
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Legal 500 2019
“Calm and industrious, and able to distill a large amount of material down to the central points that matter.”
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Chambers UK 2017
“Tania Francis skilfully sorted out a settlement, bringing a huge amount of acumen to the case. ”
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Chambers UK 2019
“She's fantastically diligent, extremely hard-working and very tough in not letting her clients be pushed around.”
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Legal 500 2016
“Tania Francis is very able, highly intelligent and very supportive.”
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Legal 500 2017
“Sharp, thorough, expert in Professional Discipline”
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Legal 500 2019
“Commits herself to clients' cases, while her previous professional experience as a doctor gives her particular insight into which points are worth pursuing.”
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