Personal Injury and Clinical Negligence
Alice accepts high value cases of considerable complexity, and has a particular interest in brain injuries. She is regularly instructed by insurers in subtle brain injury cases, especially where the claim includes significant future losses or there are conflicting neurological and neuropsychological opinions. Many of her cases require forensic accountants and she has represented Defendants in claims where, for instance, the Claimant is an entrepreneur and alleges a causative link between an injury and the failure of a successful business.
Her extensive fraud practice makes her the ideal choice of counsel where insurers suspect exaggeration in high value clinical negligence cases. She is familiar with cases where fraud allegations crystallise at a late stage, or where an insurer’s fraud suspicions attach only to a part of the pleaded case.
She is known for her robust drafting and is able to turn around complex pleadings, counter-schedules and Part 35 questions on tight deadlines. Her proactive approach also includes advising on costs budgeting at the outset of a case.
Personal Injury & Clinical Negligence Cases
B v A Dental Practice (2021) High Court: acted for Defendant in dental negligence case. The principal issues involved breach of contract, whether a duty of care was non-delegable and whether D was vicariously liable for the actions of self-employed practitioners.
B v A Supplier & A Manufacturer (2021) Medway County Court: acted for first Defendant in a product liability case concerning a major brand of hardware sold internationally. The main disputes centred on the meaning of ‘producer’ within the Consumer Protection Act 1987 and the entitlement of the Claimant to amend its pleadings under the CPR. The case against the first Defendant was struck out and it recovered its costs of the action on the indemnity basis.
S v An NHS Spinal Surgeon (2019) Newcastle County Court: acted for Defendant who allegedly performed an operation negligently, leaving a Claimant with permanent disability.
R v M (2019) Manchester County Court: acted for Defendant in £1m subtle brain injury case. Claimant was an entrepreneur at the time of the accident. Multiple experts for both sides, including neuropsychologists and forensic accountants.
M and Others v An International Airport (2019) Manchester County Court: acted for Defendant in safety dispute, following injuries to multiple Claimants. Expert evidence instructed for both sides included technical airfield designers. Case listed for multi-day trial. All issues were resolved in favour of the airport and the airport’s costs were recovered.
N v E (2019) Liverpool County Court: acted for Defendant in £1m claim by junior doctor following serious injury with likely future handicap in the employment market. Experts for both sides included gynaecologists and forensic accountants.