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.
Recommendations
“Jonathan has an incredible eye for detail, and no stone is left unturned in a case. He is brilliant on his feet and will systematically and methodically obliterate a counterargument. He is fantastic with clients and genuinely values and takes on board the views of his instructing solicitor.”
Legal 500 2023 (Clinical Negligence - Midlands) Tier 1
“Jonathan is an astute barrister. He has a real eye for detail but never loses sight of the bigger picture. He is excellent.” “His technical ability and knowledge is second to none. He is very reassuring to have on complex cases.”
Chambers UK 2023 (Clinical Negligence - Western) Band 1
“Jonathan has excellent knowledge and legal acumen. His commitment to his clients is very impressive.” “Jonathan is an excellent barrister and has great depth of knowledge.” “He is a very experienced KC.”
Chambers UK 2023 (Clinical Negligence - Midlands) Band 1
“Jonathan is a silk at the top of his game; an excellent communicator with clients and judiciary alike, and a very strong advocate. He is very experienced and methodical, so is totally dependable when it comes to details in large-value claims, and as a consequence his advice is always logical, sensible and understandable.”
Legal 500 2023 (Clinical Negligence - Western) Tier 1
“He is very approachable, down to earth, hard-working, diligent and personable.” “He is an excellent barrister and is very strong on procedural matters.” “Extremely thorough and meticulous in his drafting.”
Chambers UK 2022 (Clinical Negligence - Midlands) Band 1
“Meticulous attention to detail, personable and extremely knowledgeable.”
Legal 500 2022 (Clinical Negligence - Midlands) Tier 1
“He’s very calm and methodical, and his attention to detail is fantastic.”
Chambers UK 2022 (Clinical Negligence - Western) Band 1
“Jonathan is an original thinker, but is also practical. He has outstanding attention to detail, builds a good rapport with clients and achieves excellent results.”
Legal 500 2022 (Clinical Negligence - Western) Tier 1
Appointments
Deputy Head of Chambers
Deputy Head of the Clinical Negligence Group
Memberships
AvMA
Personal Injuries Bar Association
Former AG Panel (Provincial Panel)
Qualifications
MA (Hons) Economics (St Andrews)
Diploma in Law (Commendation) (City)
