Firms To Watch: Clinical negligence: defendant

Tracy Sell-Peters joined the Keystone Law team from DWF in July 2022, and is known for representing healthcare professionals and insurers in a range of medical negligence claims, and providing early stage medico-legal guidance.

Clinical negligence: defendant in London

Capsticks LLP

Catherine Bennett and Peter Marquand co-lead the ‘fantastic’ clinical negligence team at Capsticks LLP; NHS Resolution is a key client, and the team has maintained its position on the Clinical Negligence Scheme for Trusts and Clinical Negligence Scheme for General Practice panels. The firm has also developed a medical malpractice team representing insurers in claims regarding private surgeons, clinics and hospitals. The team is proactive in engaging with innovative solutions for its clients, from training staff in mediation, to working with the NHS to develop its Early Notification birth injuries scheme. Majid Hassan specialises in claims against GPs, and is extending the team’s expertise regarding private healthcare work. Tamara Knight is particularly experienced regarding multiparty sexual assault claims, alongside psychiatric injuries and fatal claims. Philip Hatherall is another key contact.

Responsables de la pratique:

Peter Marquand; Catherine Bennett

Autres avocats clés:

Philip Hatherall; Ed Mellor; Cassius Box; Majid Hassan; Rebecca Richardson; Gerard Aston; Helen Thackwray; Georgia Ford; Tamara Knight; Charlotte Millar; Ruth Day

Les références

‘Capsticks continues to provide an excellent service nationally to defendants facing clinical negligence claims.’

‘Majid Hassan is a particularly impressive practitioner with extensive experience of the interface between clinical negligence and sport, and great commercial awareness.’

‘In my view, Capsticks are the best NHS defendant panel firm bar none. They are extremely well led by Peter Marquand and he has recruited brilliantly. This means that the various teams work efficiently and are well supervised against a background of unrivalled experience in the health litigation field.’

Principaux clients

NHS Resolution

Imperial College Healthcare NHS Trust

BRIT Insurance

James Paget University Hospitals NHS Foundation Trust

London Ambulance Service NHS Trust

Frimley Health NHS Foundation Trust


Chelsea and Westminster Hospital NHS Foundation Trust

Essex Partnership University NHS Foundation Trust

Howden Specialty Insurance

Axis Insurance

Royal National Orthopaedic Hospital NHS Trust

Western Sussex Hospitals NHS Foundation Trust

Ramsay Healthcare

Royal Brompton and Harefield NHS Foundation Trust

South West London and St George’s Mental Health NHS Trust

South East London CCG

Surrey and Sussex Healthcare NHS Trust

East and North Hertfordshire NHS Trust

Maidstone and Tunbridge Wells NHS Foundation Trust

East Sussex Healthcare NHS Trust

Essex Partnership University NHS Foundation Trust

Fairfield Independent Hospital

Hertfordshire Community NHS Trust

Hertfordshire Partnership University Foundation Trust

Milton Keynes University Hospitals NHS Trust

North Middlesex Hospital NHS Trust

North West Anglia NHS Foundation Trust

Oxleas NHS Foundation Trust

Brighton and Sussex University Hospitals NHS Trust

Camden and Islington NHS Foundation Trust

Central London Community Healthcare NHS Trust

East of England Ambulance Service NHS Trust

London North West University Healthcare NHS Trust

Newline Group

Axis Capital

Beazley Group

Epsom & St Helier University Hospitals NHS Trust

Croydon Health Services NHS Trust

Principaux dossiers

  • Successfully defended a case relating to prioritisation of patients for an NHS Trust at trial.
  • Successfully defended a multi-million pound birth injury claim for an NHS Trust at trial.
  • Advised NHS Resolution and Maidstone and Tunbridge Wells NHS Trust on the compensation scheme for the victims of David Fuller, the maintenance technician who abused corpses in the hospital mortuary.

Clyde & Co

Claire Petts leads the healthcare team at Clyde & Co ‘with tremendous energy'; her particular expertise lies in brain injury and obstetric claims of maximum severity. Sam Holden specialises in work for NHS Resolution, with experience in complex Court of Protection matters. The team also has extensive experience in regulatory mandates, as illustrated by senior associate Ben Shoebridge's work with the General Dental Council and the Nursing and Midwifery Council. Robert Wilson specialises in medical malpractice defence litigation and inquests, in particular complex, high-value brain injury claims. The team has notable experience in developing areas such as secondary victims claims and cases pursued under the Equality Act 2021 – according to one client ‘they are simply excellent at what they do’.

Responsables de la pratique:

Claire Petts

Autres avocats clés:

Rob Wilson; Ben Shoebridge; Sam Holden; Elizabeth Broadley; Sheryl Gearing

Les références

‘The firm stands out as each member of the team is very well organised and always on top of all of the material. Whoever is assigned to the case, clients can be sure that they are getting a 5-star service.’

‘Claire Petts leads the team in London with tremendous energy.’

‘Their key strength is superb sector knowledge.’

Principaux clients

Ashford & St Peter’s Hospitals NHS Foundation Trust

East Kent Hospitals University NHS Foundation Trust

Hillingdon Hospitals NHS Foundation Trust

Kent and Medway CCG

NHS Resolution



Royal College of Nursing

Berkshire Hathaway International Insurance Ltd


Premium Medical Protection

Spire Healthcare

Virgin Health

BMI Healthcare




Principaux dossiers

  • Successfully defended a dentist in a novel claim under the Equality Act 2010.
  • Successfully acted on behalf of NHS Resolution and the defendant Trust in the defence of a secondary victim claim which was arising out of a fatal clinical negligence case.
  • Advising NHS Resolution and a Trust on the successful rebuttal of a challenge to areas of quantum case law.


The clinical negligence team at Kennedys is singled out by one client as ‘an excellent firm which provides a first-class level of service‘. Christopher Malla, praised for his ability to ‘find innovative solutions‘, heads up the practice, and is currently advising NHS Resolution on the management and coordination of Covid-19 claims. London is the hub for the firm’s wider global healthcare practice, and has notable experience in early dispute resolution on behalf of NHSR; Ed Glasgow leads on the group's work with the Early Notification Scheme for birth injuries. 'Excellent litigator' Nico Fabri leads on work for private healthcare providers, insurers and individual healthcare practitioners.

Responsables de la pratique:

Christopher Malla

Autres avocats clés:

Nico Fabri; Ed Glasgow; David Froome; Claire West; Irene Taylor; Louisa Moore; Daniel Freeman

Les références

‘Kennedys have a strong background in providing clear advice and possessing individual lawyers of ability.’

‘An excellent firm which provides a first-class level of service to its clients. All practitioners see the big picture and think strategically.’

‘Kennedys has several offices which enables them to pool expertise and enhance the quality of their advice by sharing experience. They have long experience in the sector and a talented group of lawyers who work well together under strong leadership.’

Principaux clients

NHS Resolution

East Suffolk & North Essex NHS Foundation Trust

Mid and South Essex Hospitals NHS Foundation Trust

Royal Surrey County Hospital NHS Foundation Trust

Royal Berkshire Hospital NHS Foundation Trust

Medway NHS Foundation Trust

West Hertfordshire Hospitals NHS Trust

Barts Health

The Princess Alexandra Hospital NHS Trust

North East London NHS Foundation Trust

South East Coast Ambulance Service NHS Foundation Trust

Sussex Partnership NHS Foundation Trust

Medway Community Healthcare

Wiltshire Health & Care

Department of Health & Social Care

Spectrum Community Health CIC

Kent and Medway NHS and Social Care Partnership Trust

Tyneside Surgical Services

The Orthopaedics and Spine Specialist Hospital

KIMS Hospital

The Business Services Authority

Parkside Medical Centre

Omnes Group Limited

52 Alderley Road LLP


CAN Hardy

Spire Healthcare

Allied World/Nuffield Health




Ramsay Healthcare

BMI Healthcare

Hospital of St John and St Elizabeth

King Edwards VII’s Hospital


Chartered Society of Physiotherapy

Liberty Insurance



Principaux dossiers

  • Instructed by NHS Resolution to provide ongoing advice on the management and coordination of civil claims arising from the Covid-19 pandemic.
  • Instructed by NHS Resolution to advise on a new ADR initiative.
  • Instructed by CNA Hardy to defend a case for an insurer in which strategy needed to be negotiated with the co-defendant before putting best arguments forward to the claimant.

Bevan Brittan LLP

Bevan Brittan LLP’s team of ‘supremely experienced clinical negligence lawyers’ acts for NHS Trusts and private medical insurers in the London region. The team specialises in the interplay between human rights and clinical negligence in mental health matters, an area in which team lead Joanne Easterbrook has notable expertise. It works closely with NHS Resolution on cases involving birth injuries, and is also involved with the Early Notification Scheme. Dan Morris has particular focus on emerging clinical risk arising from digital health, AI and medtech development, while senior associate Penelope Radcliffe has standout experience in high-value cerebral palsy claims.

Responsables de la pratique:

Joanne Easterbrook

Autres avocats clés:

Julie Charlton; Penelope Radcliffe; Esther Evans; Verity Danziger; Catherine Radford; Dan Morris

Les références

‘Bevan Brittan have a team of supremely experienced clinical negligence lawyers who provide a rare combination of absolute efficiency, good judgement, outstanding legal knowledge and the ability to apply it together with a sensible attitude conducive to getting the best possible result in every situation. Truly at the top of the tree.’

‘Good sense, excellent legal knowledge and the ability to apply it, very efficient but also thoughtful and responsive to their clients’ needs and feelings. Special mentions to Julie Charlton, Joanne Easterbrook, Penelope Radcliffe, Catherine Radford.’

‘In London, Bevan Brittan has an excellent relationship with a number of NHS trusts, medical defence organisations and private hospital groups and specialises in medical liability and regulatory cases involving doctors, dentists, and other health professionals. It provides, I believe, an excellent service to each.

Principaux clients

NHS Resolution


The Royal Free London NHS Foundation Trust

Guys & St Thomas’s NHS Foundation Trust

West London Health NHS Trust

C.N.A Hardy

St George’s University Hospitals NHS Foundation Trust

Homerton NHS Foundation Trust

Allied World Assurance Company

The Whittington Health NHS Trust

Berskshire Hathaway

South London & Maudsley NHS Foundation Trust

DAC Beachcroft LLP

DAC Beachcroft LLP’s clinical risk team is led by Simon Perkins, Simon Wortley, Rachel Roberts-Jenkins, Nigel Montgomery and David Roberts from their bases across the country. Acting for the NHS, MDU and private healthcare providers, the team is ‘friendly, approachable and very commercially minded’. The wider firm’s international reach is ‘a bonus for clients who have international policyholders’; notably, the team recently successfully argued in the Supreme Court that German law should apply in a contribution claim regarding a hospital in Germany and a British midwife, clarifying the law on contribution claims. The team also has notable expertise regarding fundamental dishonesty work and anti-fraud measures.

Responsables de la pratique:

Simon Perkins; Simon Wortley; Rachel Roberts Jenkins; Nigel Montgomery; David Roberts

Les références

‘Commercial perspective is strong which supports overall proposition.’

‘Industry sector knowledge and client focus.’

‘Large team, with good levels of different seniority. Means you can find somebody appropriate to defend a claim. Their international links are definitely a bonus for clients who have international policyholders.’

Principaux clients

Circle Health Group

HCA International Ltd

Medical Defence Union

Dental Defence Union

Schoen Clinic UK

Teladoc Health UK

Elysium Healthcare Ltd



NHS Resolution

Florence Nightingale Hospital

Insurance Corporation of the Channel Islands

Newline Group

WR Berkley

Allied World Assurance Company



Royal Sun Alliance

Alliance Medical Indemnity

Renaissance Re

CFC Underwriting


Everest Re


CNA Hardy


Marsh McLennan

AMMA Assurance (Belgium)

Medical Professional Liability Co. (MPLC)

Watson Tower Wilson

Intereurope AG

Aon UK

Hill Dickinson LLP

Rebecca Hunt and Janet McWhinney co-lead the health litigation team at Hill Dickinson LLP, with particular experience regarding catastrophic neurological injury and GP claims, respectively. The team members ‘have their finger on the pulse and are up to date with current knowledge’, particularly in regards to mediation and ADR. The firm is also heavily involved with the ongoing development of the NHS Early Notification Scheme – an area in which legal director Rohana Abeywardana has specialist knowledge. Claims arising from care provided in the aesthetic sector are also a strength for the team, as well as formal and informal group actions.

Responsables de la pratique:

Janet McWhinney; Rebecca Hunt

Autres avocats clés:

Iwan Thomas; Clifford McCormack; Amy Moylan; Lydia Shelton; Rohana Abeywardana

Les références

‘Very experienced lawyers, well supported by the partnership team, and a cut above the average panel firm for defendant clinical negligence.’

‘Rebecca Hunt is an extremely experienced practitioner with impeccable judgment and a proactive, realistic approach to cases. Iwan Thomas is an astute and efficient lawyer. Clifford McCormack is an extremely thorough and efficient lawyer in the most complex and highest value quantum cases.’

‘Rohana Abeywardana is an expert in his field and my trusted go-to lawyer. He is always my first point of contact for all things healthcare law-related; he is incredibly personable, meticulous, measured and always finds a solution for any problem.’

Principaux clients

NHS Resolution

Principaux dossiers

  • Defended a high-value claim at trial resulting in a discontinuance and costs recovered.
  • Resolved a sensitive case using ADR.
  • Obtained a wasted costs order against a firm of claimant solicitors for failing to comply with procedural requirements for bringing a claim under the Fatal Accidents Act.

Weightmans LLP

Weightmans LLP’s ‘team of dedicated hard-working lawyers’ acts for both NHS Trusts and insurers on high-value, complex cases. Rachel Kneale leads the team, standing out for her ‘excellent grasp of quantum issues’. Chris Dexter joined the team from BLM in October 2022, and leads the team’s focused GP offering, including offering training on risk reduction and a 24-hour GP phoneline. ‘Outstanding’ legal director Isobel Michie is also recommended. The team has particular experience regarding group claims, and is currently instructed on claims nationally arising from the exposure of pregnant women to sodium valproate. It also has a notable focus on mediation and ADR, and is involved with NHS Resolution’s ongoing Change of Culture project.

Responsables de la pratique:

Rachel Kneale

Autres avocats clés:

Warren Forsyth; Isobel Michie; Paul Thomson; Peter Cutler; Sonia Morgan; Chris Dexter; Rosalind Bird

Les références

‘Weightmans have a long history of involvement with clinical negligence and healthcare and they provide a well-rounded approach to every case.’

‘Very good defendant clinical negligence team.’

‘Isobel Michie is outstanding. Very calm, very knowledgeable and very sensible.’

Principaux clients

Maidstone and Tunbridge Wells NHS Trust

East of England Ambulance Service NHS Trust

Royal Orthopaedic Hospital NHS Trust

United Lincolnshire Hospital NHS Trust

Wye Valley NHS Trust

Royal Wolverhampton NHS Trust

Browne Jacobson LLP

‘Fearsome litigator’ Matthew Trinder leads the team at Browne Jacobson LLP, bringing his expertise regarding neurosurgical, genetics, screening and pathology issues to the group. The team has recently taken on GP indemnity work with NHS Resolution, as well as continuing its existing panel appointment. It also works with independent healthcare providers, and offers specialist teams in primary care, dental, spinal, mental heath and ambulance claims. It is experienced in handling multiparty claims, and those in which consent is a central factor. ‘Highly efficient and effective associate’ Guyanne Saul is also recommended.

Responsables de la pratique:

Matthew Trinder

Autres avocats clés:

Guyanne Saul; Jennifer Baker

Les références

‘Browne Jacobson are a strong team with strength and depth of knowledge. The papers are well prepared and the issues carefully thought out. They are proactive and user friendly.’

‘The individual practitioners are all bright and capable. They have a good handle on the issues and know their area of the industry really well. They are empathetic with clients but have the ability to point out flaws in the case to clients without offending.’

‘Responsive and proactive in engaging in early dispute resolution.’

Principaux clients

Medical Protection Society (National)

NHS Resolution (National)

Dental Protection Limited (National)

Nottingham University Hospitals NHS Trust (Midlands)

Walsall Healthcare NHS Trust

CNA Hardy

Blackpool Teaching Hospitals (North West)

University Hospitals of Derby and Burton NHS Foundation Trust

Essex Partnership University NHS Trust

University Hospital of Dorset NHS Foundation Trust (South West)


RPC’s medical and life sciences team is led by Dorothy Flower. Sian Morgan specialises in complex multiparty claims, while James Davies has particular experience in sports-related brain injuries. The team also has notable expertise regarding claims with international elements. Clients include private hospitals, cosmetic surgery groups, fertility clinics and home carer services, with standout experience regarding reproductive healthcare and fertility services. Team members deal with the full range of related proceedings for their clients, including inquests and regulatory body investigations.

Responsables de la pratique:

Dorothy Flower

Autres avocats clés:

Sian Morgan; Florence Page; James Davies; Genevieve Isherwood

Les références

‘An incredibly knowledgeable team with fantastic client care. The defence has been thoroughly investigated and thought through before input is requested from counsel.’

‘Sian Morgan is intuitive, incredibly knowledgeable and delivers fantastic client care. Able to manage complex cases and look at issues from all angles.’

‘I have been consistently impressed with the service from the clinical risk team – professional, approachable, responsive, proactive, clear and thorough.’

Principaux clients

Avenues Healthcare Ltd



CNA Hardy


Exemplar Healthcare


HCRG Care Group Limited


MS Amlin

MYA Clinics Ltd


Renaissance Re

Royal Hospital for Neuro-Disability

Royal Sun Alliance

Spire Healthcare plc

18 Week Support

Principaux dossiers

  • Advising CNA Hardy and their insured on the alleged negligence of a GP resulting in a fatality.
  • Acting for insurers and their insured in the defence of a claim arising from the death of a 44-year-old patient.
  • Defending an orthopaedic surgeon against two claims of negligence during surgery, resulting in the need for further revision surgery and a poor functional outcome.


The CMS defendant clinical negligence team ‘complement each other well and have good leadership from senior members’. Yvonne Screene leads the team, with experience dealing with high-profile and sensitive claims, as well as representing clinicians at inquests and in professional disciplinary investigations. The team has longstanding relationships with the Medical Defence Union and the Dental Defence Union, and is experienced in high-value, complex work. Anna Walsh joined the team in January 2023 from Capsticks LLP. Chris Horsefield supports the team as a consultant.

Responsables de la pratique:

Yvonne Screene

Autres avocats clés:

Nyree Bichard; Chris Horsefield; Anna Walsh

Les références

‘A true team, who complement each other well and have good leadership from senior members. All have a good grasp of factual details as well as tactical acumen and client handling skills.’

‘Yvonne Screene is a first-class litigation solicitor with considerable experience of complex and high-value claims. She has good judgment and takes a pragmatic view of which cases should go to trial or be settled. She is personable and good with clients and highly regarded by the MDU, who have high standards.’

‘One of the strongest defendant clinical negligence teams for GP and dental work. Particularly adept at inquests. Excellent knowledge of the sector.’


Vicki Swanton leads the London-based healthcare and insurance offering at DWF, working alongside the firm’s healthcare teams nationally, notably in Bristol and Newcastle. The team works predominantly with NHS Trusts in the northern region, and areas of expertise include representation at inquests. The team also has experience advising independent sector and insurer clients, and working with individual clinicians, as well as prison healthcare services, urgent care providers, and private hospitals, on issues ranging from allegations of vicarious liability to mental health claims.

Responsables de la pratique:

Vicki Swanton

Les références

‘The team have excellent knowledge of the law and always go the extra mile to ensure that the case is examined and investigated from all angles.’

‘DWF have a strong pedigree in defendant insurance work, including clinical negligence.’

‘The partners and senior associates I have worked with have all been very impressive, and consistently so.’

Principaux clients

NHS Resolution

Axis Specialty Europe SE

HCA International Limited

Medical Protection Society

Keoghs LLP

Keoghs LLP’s sport and healthcare team is ‘very strong on insurance work'. Sian Davies leads the team, meeting the needs of clients ‘head-on and with great skill’. The team has extensive experience working at the intersection of healthcare and sports, acting for a range of sporting clients. It also has expertise regarding dental claims, psychiatric matters, and issues stemming from delay in diagnosis. Oonagh Webster is also recommended.

Responsables de la pratique:

Sian Davies

Autres avocats clés:

Oonagh Webster; Jason Howarth; Kieran Pettman; Daniel Meltzer; Jamie Colman; David Bowes; Alice Rendall; Chloe Hopkins; Lucy Steele

Les références

‘Excellent relationship with insurers.’

‘Jason Howarth and Sian Davis are very good at client management, and engaged in the detail of cases.’

‘Sian Davies is an extremely experienced team leader. She knows the insurance market well, and is able to address the needs of her insurer clients head-on and with great skill. She also has extremely good instincts, and knows exactly when to find alternative solutions.’

Principaux clients

The Private Clinic of Harley Street

Beazley Group

Nuffield Health

Bourn Hall Clinic


Arch Insurance