The Personal Injury and Clinical Negligence Pod from St John’s Chambers

Our Personal Injury & Clinical Negligence teams have created a compelling channel for lawyers which will provide news, insights, and some personality to complex legal cases. Our podcasts convey thought leadership throughout our episodes, share insights, and simplify and discuss implications of key cases in personal injury and clinical negligence law. We also aim to save solicitors some time in summarising and explaining developments. Episode 31 – A practical guide to interim payments In this episode, Ben Handy and Sarah Riley explore the topic of interim payment applications. They provide an overview of the application process, share practical guidance on key elements to include, and discuss strategic considerations that may benefit both claimants and defendants.

Our Personal Injury & Clinical Negligence teams have created a compelling channel for lawyers which will provide news, insights, and some personality to complex legal cases. Our podcasts convey thought leadership throughout our episodes, share insights, and simplify and discuss implications of key cases in personal injury and clinical negligence law. We also aim to save solicitors some time in summarising and explaining developments. Episode 30 - Treatment In this final podcast in our mini-series of three podcasts on the fundamentals of oncology cases, eminent Oncologist and go-to medicolegal expert Professor Pat Price and Clinical Negligence barrister Rachel Segal focus their discussion on the theme of Treatment in cancer, sharing with listeners important insights into clinician and individual patient treatment decisions, including the role of Multidisciplinary Team Meetings for primary cancers, issues around treatment pathway options, consent (and second opinions), and shifts in recent history in treatment developments and timelines. About Professor Pat Price and Dr Rachel Segal As many of listeners will know, Professor Pat Price is a Consultant Oncologist and a go-to medicolegal expert for both claimants and defendants in clinical negligence litigation.  Professor Price is a pioneer in PET molecular imaging, Visiting Professor at Imperial College London and, among many other activities, runs the charity Radiotherapy UK.  She has been instrumental in establishing the Medicolegal Knowledge Partnership (MLKP) – an important collaborative initiative aiming to improve patient care and legal outcomes in healthcare matters. Here is a link to Medicolegal Knowledge Partnership (MLKP) which lawyers can join for free. Find out more here. Dr Rachel Segal is a specialist personal injury and clinical negligence barrister advising and representing claimants and defendants in litigation, and interested persons in healthcare-related inquests. Rachel’s busy practice spans the spectrum of clinical negligence, and within her many oncology cases she is particularly experienced in matters involving delayed diagnosis of primary and metastatic breast, colorectal and prostate cancers.  She is ranked as a leading junior in her specialisms in both The Legal 500 and Chambers UK. Find out more here.

  Our Personal Injury & Clinical Negligence teams have created a compelling channel for lawyers which will provide news, insights, and some personality to complex legal cases. Our podcasts convey thought leadership throughout our episodes, share insights, and simplify and discuss implications of key cases in personal injury and clinical negligence law. We also aim to save solicitors some time in summarising and explaining developments. Episode 29 –Prognostic issues In this second of three podcasts in our mini-series looking at the fundamentals in oncology cases, Clinical Negligence barrister Rachel Segal talks to Oncologist Professor Pat Price about Prognostic Issues.  Find out more from their discussion about the many factors in reaching an accurate prognosis in oncology, predicting effects on life expectancy and about the concept of conditional survival.

Our Personal Injury & Clinical Negligence teams have created a compelling channel for lawyers which will provide news, insights, and some personality to complex legal cases. Our podcasts convey thought leadership throughout our episodes, share insights, and simplify and discuss implications of key cases in personal injury and clinical negligence law. We also aim to save solicitors some time in summarising and explaining developments. Episode 28 – Diagnosis in cancer cases Eminent Oncologist Professor Pat Price joins Clinical Negligence barrister Rachel Segal for a mini-series of 3 accessible podcasts on the general topic of oncology in the context of clinical negligence litigation.  In this first podcast, Pat and Rachel discuss diagnosis in cancer cases and you might be surprised to hear the process of cancer grading described as “a Gauguin”!!! Intrigued?  Have a listen – this mini series is designed to share with listeners the fundamentals of oncology that every lawyer involved in cancer cases should know.  The second and third podcasts in this mini-series will discuss prognostic issues and treatment respectively. If you would like to hear discussion of any specific aspects of oncology cases in future podcasts, we would love to hear from you. About Professor Pat Price and Dr Rachel Segal As many of listeners will know, Professor Pat Price is a Consultant Oncologist and a go-to medicolegal expert for both claimants and defendants in clinical negligence litigation.  Professor Price is a pioneer in PET molecular imaging, Visiting Professor at Imperial College London and, among many other activities, runs the charity Radiotherapy UK.  She has been instrumental in establishing the Medicolegal Knowledge Partnership (MLKP) – an important collaborative initiative aiming to improve patient care and legal outcomes in healthcare matters. Here is a link to Medicolegal Knowledge Partnership (MLKP) which lawyers can join for free. Find out more here. Dr Rachel Segal is a specialist personal injury and clinical negligence barrister advising and representing claimants and defendants in litigation and interested persons in healthcare-related inquests. Rachel’s busy practice spans the spectrum of clinical negligence, and within her many oncology cases she is particularly experienced in matters involving delayed diagnosis of primary and metastatic breast, colorectal and prostate cancers.  She is ranked as a leading junior in both The Legal 500 and Chambers UK in her specialisms. Find out more here.

In this short episode, Sophie Howard and Lauren Karmel delve into the recent judgment in Man v St George’s Hospitals NHS Foundation Trust [2024] EWHC 1304 (KB) and discuss practical guidance on witness evidence for both Claimant and Defendant practitioners. With a notable increase of interlocutory applications as regards the status of witness evidence in clinical negligence, this podcast is a timely analysis of the key issues when faced with such applications. All views expressed are the speakers' own.

Episode 26 - Expert evidence in anaesthesia and intensive care (Part 2): in conversation with Professor Jerry Nolan In this episode, Beatrice Baskett and Rhodri Jones sit down with Professor Jerry Nolan and discuss his experiences providing expert evidence in the civil context in the areas of Anaesthesia and Intensive Care. This is part two, where the first episode considered Jerry’s experience in the Coroner’s Court, including his role in both the Hillsborough Inquiry and the Dawn Sturgess Inquiry (following the Novichok poisoning in Salisbury). Professor Jerry Nolan is a consultant in Anaesthesia and Intensive Care Medicine at the Royal United Hospital, Bath, Professor of Resuscitation Medicine at the University of Warwick and Honorary Professor of Resuscitation Medicine at the University of Bristol. Jerry is editor-in-chief of the Journal Resuscitation, past Chairman of the European Resuscitation Council, past Chair of the Resuscitation Council (UK) and past Co-Chair of the International Liaison Committee on Resuscitation. Awarded the honorary title of ‘Giant of Resuscitation’ Jerry has made so many significant contributions to cardiopulmonary resuscitation.

In this episode, Beatrice Baskett and Rhodri Jones sit down with Professor Jerry Nolan and discuss his experiences providing expert evidence in the Coroner’s Court, including his role in both the Hillsborough Inquiry and the Dawn Sturgess Inquiry (following the Novichok poisoning in Salisbury). Professor Jerry Nolan is a consultant in Anaesthesia and Intensive Care Medicine at the Royal United Hospital, Bath, Professor of Resuscitation Medicine at the University of Warwick and Honorary Professor of Resuscitation Medicine at the University of Bristol, Jerry is editor-in-chief of the Journal Resuscitation, past Chairman of the European Resuscitation Council, past Chair of the Resuscitation Council (UK) and past Co-Chair of the International Liaison Committee on Resuscitation. Awarded the honorary title of ‘Giant of Resuscitation’ Jerry has made so many significant contributions to cardiopulmonary resuscitation

Episode 24 - Mild Traumatic Brain Injury In this episode, James Marwick and Ben Handy discuss some of the challenges of brain injury litigation and the key learning points from some of the big cases of recent years.

This edition of the Personal Injury Pod features a discussion between barristers Matthew White and Rachel Segal about Life Expectancy in Personal Injury claims: the nature of life expectancy data, how and why that affects approaches to calculation of future losses, and the impact of negative and positive discount rates.

In this podcast, Deputy Head of Clinical Negligence, Louise Asprey and Beatrice Baskett of St John's Chambers Inquests team consider the coronial concept ‘neglect’: its development, what needs to be proven for a finding of neglect to be returned and examples from their own practices where the issue has been raised.

In this episode Sophie Howard and Beatrice Baskett will discuss approval hearings, covering the basics, some practical tips on preparing for hearings and what to look out for, together with a look at claims on behalf of child dependants in Fatal Accident Act claims.

Our Personal Injury team have created a compelling channel for personal injury lawyers which will provide news, insights, and some personality to complex legal cases. Our podcasts will convey thought leadership throughout our episodes as well as simplify and discuss implications of key cases in personal injury law. We will also aim to save solicitors some time in summarising and explaining developments. Episode 18 - Sepsis and Clinical Negligence. What is sepsis and how should it be litigated? In this podcast Justin Valentine and Rhodri Jones, clinical negligence practitioners, provide an overview of sepsis in clinical negligence.  They outline what sepsis is, discuss the relevant clinical tools and provide practical guidance, with a focus on expert evidence, as how best to litigate sepsis claims

Our Personal Injury team have created a compelling channel for personal injury lawyers which will provide news, insights, and some personality to complex legal cases. Our podcasts will convey thought leadership throughout our episodes as well as simplify and discuss implications of key cases in personal injury law. We will also aim to save solicitors some time in summarising and explaining developments. Episode 18: Relief from sanctions Listen in to a discussion around Relief From Sanctions between two of our barristers with a particular interest in this area: Head of Personal Injury Andrew McLaughlin (who appeared before the Court of Appeal in the leading case of Denton v White) and Rachel Segal, the author of the last six editions of The Denton Resource.  Insights shared include those arising from the Court of Appeal’s recent guidance in Warren v Yesss (A) Electrical Limited as to the circumstances in which CPR 3.9applies, and thoughts about the application in practice of the Denton criteria more generally.

On the approach to his fiftieth anniversary at the Bar, St John’s founder Christopher Sharp KC talks to Ben Handy about his distinguished career, reflecting on life as a pupil in the 70s, the changes and developments he has seen over the decades, the cases he has won (and lost!), what St John’s means to him, and his plans for the next 50 years.

In this podcast, Richard Stead and Jonathan Lindfield provide a road map for those dealing with claims brought under the Animals Act 1971. A notoriously difficult piece of legislation, Jonathan and Richard focus on the structure and meaning of the Act, breaking it down into its constituent parts, with the aim of de-mystifying the process of how best to run or defend these claims. In considering the Act, which has plagued personal injury practitioners for decades, they consider practical examples, reflect on their experiences and the case law, and offer insight into the best way to approach claims of this nature.

In this podcast, James Marwick and Justin Valentine discuss the Supreme Court decision in Paul v Royal Wolverhampton which has definitively closed the door on secondary victim claims in clinical negligence in the context of delayed diagnosis where the breach in duty was many weeks or months before, in each case, the tragic death of the family member.  The Supreme Court has followed Taylor v Novo in finding that in order to recover, a family member must be present at the "accident".  Doubt remains whether a secondary victim claim could be advanced where the family member is present at the breach of duty if that breach can be couched in terms of an accident.

Christopher Sharp KC and Ben Handy of St John's Chambers Personal Injury team discuss the latest developments in lost years claims for children, reflecting on their history, their relationship to dependency claims under the Fatal Accidents Act, and the disconnect between the quantification of claims brought during and after a claimants’ lifetime. They consider the practical impact of that on advice and strategy and offer some thoughts on how to mitigate the problems that can arise as a result.  Links to the related articles mentioned in this episode: The lost years Early settlement or deferred trial in child brain injury claims  

We hear the term Galbraith plus used all the time in the Coroner’s Court but when was the last time you looked into what the test really requires a Coroner to do and what threshold it puts into place? Off the back of the case of Officer B50, Louise Asprey and Lauren Karmel of our Inquests & Public Inquiries team answer these questions in this podcast. 

Rachel Segal and Matthew White of our Personal Injury team discuss an issue arising out of the use of practice of the damages claims portal. Rachel and Matthew were against each other in a case earlier this year which included many procedural problems all springing from the fact that the DCP is full of trip wires. They will discuss the issues and steer you on how to avoid the pitfalls. The is a DCP is a pilot scheme which is intended to clarify, simplify and streamline the litigation in a large number of claims in the court system.

In this podcast, Louise Asprey and Lauren Karmel of our Inquests & Public Inquiries team review the Supreme Court decision handed down earlier this year and the clarification that it provides in respect of the application of article 2. Whilst this case dealt with the application within a healthcare setting, it assists in a consideration of the application of article 2 generally.

In this podcast, James Marwick and Jonathan Lindfield of our Personal Injury team discuss the introduction of the intermediate track and the wider application of fixed costs to higher value cases.  This podcast will address the essentials of the new regime and how it might affect your day to day work as a personal injury practitioner.  The podcast will also discuss some of the proposed updates already in the pipeline for the regime as well as the upcoming changes likely to be introduced for clinical negligence work. 

On this podcast, James Hughes and David Forster of St John's Chambers Personal Injury team consider recent case law developments regarding Part 36 offers in personal injury litigation.  Specifically, David and James look at when the courts have decided that it would be unjust to apply the normal Part 36 consequences for the late acceptance of an offer and the effect of Mundy v TUI [2023] EWHC 385 (CH) on split liability Part 36 offers. 

On this podcast, Rhodri Jones and Rachel Segal of St John's Chambers Personal Injury team have a whistle-stop discussion of some general issues and principles associated with cosmetic surgery litigation.  This taster session includes a brief overview of relevant recent authorities such as Laura Clarke v Adam Kaleciński & Others [2022] EWHC 488 (QB).

On this podcast, James Marwick and Ben Handy of St John's Chambers Personal Injury team discuss some of the latest authorities in employers' liability and how the courts have been approaching the issues which regularly arise in such cases.

One-way costs shifting (QOCS) is about to change with an upcoming change to CPR44.14, altering the scope for defendants to enforce costs orders against claimants. On this podcast, James Marwick and Rachel Segal of St John's Chambers Personal Injury and Clinical Negligence teams talk about this development in personal injury costs law and what it is likely to mean in practice.

Matthew White and Jonathan Lindfield of St John's Chambers Personal Injury team will talk through the law as it relates to accidents on the highway, including the important differences between highways and highways maintainable at public expenses, and how to win claims in both situations (for claimants and defendants).   

James Marwick and Darren Lewis of St John's Chambers Personal Injury team discuss recent developments in the ever-important area of fundamental dishonesty and related issues in respect of surveillance and social media entries. Darren and James cover the key new cases and the practical application to the workload of those acting for both claimant and defendant interests.

James Marwick and Robert Mills of St John's Chambers discuss the application of the doctrine of material contribution in clinical negligence claims following the recent key High Court cases from 2021 and 2022 including Thorley, Davies and Dalchow.   After a re-cap of the core principles, Rob and James will seek to draw out the core conclusions from recent cases and assess the viability of the doctrine in the context of indivisible injuries.

Ben Handy and Sophie Howard of St John's Chambers discuss provisional damages. What they are, how and when to pursue them, the evidence you’ll need to successfully claim them or defend such a claim, practical tips on the best ways to frame and amplify your medical evidence, tactical tips on settlement and negotiation, and some of the current hot-topics and issues arising from recent authorities.

Louise Asprey and Lauren Karmel of St John’s Chambers have published this podcast which aims to demystify some of the common battlegrounds faced at inquests, from the perspective of both families and non-family interested persons. This podcast will cover article 2, issues of causation and tactics practitioners will want to be considering prior to the inquest, and during the inquest itself. 

On this podcast, Rachel Segal and Patrick West of St John's Chambers discuss the issue of e-scooters from a personal injury viewpoint: the legal background, what challenges e-scooter cases raise for legal practitioners and the government’s future proposals for the use of e-scooters on public roads