Jonathan Jones KC

Viewing: Brain Injury and Cerebral Palsy for Jonathan Jones KC

Jonathan has extensive experience of claims for cerebral palsy and has acted in numerous cases for both Claimants and Defendants. Throughout his career Jonathan has appeared in numerous trials and before the Court of Appeal in cases concerning patients with cerebral palsy.
Jonathan has been involved in cases concerning all aspects of birth injury and neonatal injury. In relation to the mismanagement of birth, Jonathan has acted in cases involving shoulder dystocia, delay in recognising fetal distress/placental abruption/uterine rupture, mismanagement of twin births etc. In relation to neonatal care, Jonathan has acted in cases involving delays in performing resuscitation, in recognising hypoglycaemia, excessive ventilation, delays in recognising infection leading to meningitis etc.
Jonathan has been instructed in numerous cases involving unlawful births (failed sterilisations, negligent fetal abnormality scanning etc.) and the assessment of damages in relation to such claims.
He has wide experience of all matters relating to quantum, the assessment of care, accommodation issues, provisional damages and periodical payments. Many of his case involve complex issues relating to the provision of NHS or local authority care.
Jonathan was leading counsel in two cases in the Cayman Island which were of national significance in determining whether an immunity clause was effective in preventing a claim for negligence arising from the Plaintiff’s birth could be pursued against the state-owned hospital and/or whether a declaration of incompatibility with the Constitution should be made.
He regularly lectures on cerebral palsy cases and current issues relating thereto.
Some interesting examples of his cases are set out below:
RXL v Nottingham University Hospital NHS Trust [2019]
Delay in detecting hypoglycaemia as a neonate and as a result C suffered severe brain damage. Case settled and was approved by the Court for a lump sum and periodical payments amounting to a capitalised sum in excess of 26.5 million.
JX v University Hospitals of Derby and Burton NHS Foundation Trust [2018]
Claim in relation to a delay in admitting and responding to signs of fetal distress. Liability settled for 80% and the case was subsequently and approved by the Court for a lump sum and periodical payments amounting to a capitalised sum in the region of 15 million.
OXH v Derby Teaching Hospitals NHS Foundation Trust [2018]
Claim in relation to the delay in diagnosing a uterine rupture leading to severe brain damage in the unborn child. Breach of duty and causation contested and resolved in the Claimant’s favour at trial. Judge rejected the Defendant’s contention that the usual period of 25/30 minutes of acute profound hypoxia during which the fetus suffers increasing severity of brain injury should be extended to cover a 42 minute period. Judge found that with appropriate care, the Claimant would have had only mild cerebral palsy rather than very severe cerebral palsy. Case was quantified and settled for a lump sum and periodical payments for a sum in excess of 6 million.
IXK v Nottingham University Hospitals NHS Trust [2018]
The Claimant, aged 6 months, was given the wrong anaesthetic agent and as a result, suffered a cardiac arrest and suffered very severe brain damage. She required round the clock care with 2 carers and waking care and a sleeping carer at night. Her life expectancy was significantly reduced to the age of 16 years. The Claimant, who was aged 12 at the date of approval hearing, received a lump sum of 1.72 million with a PPO for care, case management and Court of Protection of 260,000 to age 19 and 300,000 thereafter. No Peters undertaking was given.
Mugweni v NHS London (formerly South West London SHA) (CA) [2012]
Negligent failure to detect a tension pneumothorax during cardiac surgery on a young child. At first instance, negligence was proved but causation was not established. On the Claimant’s appeal, the Court of Appeal upheld the trial Judge.
“He’s very much a details man, who will leave no stone unturned during the investigation.” “He’s just the best silk to work with in this market: he is responsive and he really does look after his instructing solicitors exceptionally well.” “He’s approachable and I like the fact that he works with you as a team and is happy to talk things through.”
Chambers UK 2020 - Band 1
“He has an extremely good eye for detail and is excellent on his feet.”
Legal 500 2020 - Band 1
“An eminent silk in clinical negligence. He acts for claimants in complex instructions, demonstrating significant prowess in claims relating to obstetrics. He regularly acts in serious cases, including those concerning death and catastrophic injury, and is particularly well reputed for his compassionate approach with clients.
“A thorough and intuitive silk who is reliable and approachable to both solicitors and clients and is fully committed to every case.” “He must be the most approachable QC in the country. He’s so down-to-earth and forensically brilliant – a joy to work with.”
Chambers UK 2019 - Band 1
“Great on his feet with first-class technical skills.”
Legal 500 2019
“A very impressive silk” who acts on behalf of both claimants and defendants in clinical negligence cases with particularly complicated or unique legal aspects. Sources praise his eye for detail, ability to grasp cases quickly and client care skills.
Strengths: “He has a fantastic eye for detail and is brilliant with clients, he really puts them at ease.” “He is the fount of all knowledge.” “He is quite terrier-like, he fights fairly hard.”
Chambers UK 2018 - Band 1
“A very analytical mind.”
Legal 500 2018
Deputy Head of Chambers
Deputy Head of the Clinical Negligence Group
Personal Injuries Bar Association
Former AG Panel (Provincial Panel)
MA (Hons) Economics (St Andrews)
Diploma in Law (Commendation) (City)

Latest News & Publications

Jonathan Jones QC and Mamta Gupta, successfully settled an oncological case in April 2020 in which the Defendant NHS Trust agreed to pay a Periodical Payment Order in a Fatal Accident Act claim to a disabled dependent for the first time....

Date: Thu, 18 Mar 2021
Two counsel at No5 Barristers’ Chambers have secured a settlement for a teenage boy who sustained severe brain damage as an infant...

Date: Thu, 01 Aug 2019
Jonathan Jones QC recently acted for a severely brain injured child who received in excess of 26.5 million pounds in settlement of his claim....

Date: Tue, 29 Jan 2019