Jonathan acts for both Claimants and Defendants in Clinical Negligence, Personal Injury and Professional Negligence matters. Throughout his career, Jonathan has appeared in numerous clinical negligence trials and before the Court of Appeal.
He has an international practice and has appeared in the courts of the Cayman Islands, both in the Grand Court and the Court of Appeal.
Jonathan’s caseload consists of complex cases or cases of very high value. Most of his cases involve consideration of periodical payments, provisional damages, statutory funding and capacity. He has extensive experience of all matters relating to quantum.
“A real specialist with a keen eye for detail” Jonathan is regularly rated by the legal publications since he took silk in 2013 and as a junior. He is praised for his ability to grasp the detail of any case quickly and advise decisively.
Jonathan encourages a team approach to any case and has been described as “the most approachable QC in the country” (Chambers and Partners 2018/2019).
Jonathan has extensive experience of cases in the following areas:
- Obstetric and neonatal claims involving profound neurological damage and cerebral palsy
- Unlawful birth/conception cases
- Claims arising from negligently performed operations, including vasectomies and sterilisation procedures, endoscopies, neurological surgery, hip and knee replacements etc.
- Optical negligence, including failing to diagnose glaucoma
- Oncology, including errors in diagnosis and treatment
- Errors occurring during attendance at Accident and Emergency departments, including failing to diagnose fractures, failing to diagnose and/or treat myocardial infarction etc.
- Errors by general practitioners, including failing to treat diabetes, failing to refer following symptoms of arterial blockage, Cauda Equina/Spinal abscesses, meningococcal disease and meningitis.
- Consent and cases involving infringements of human rights
Further details of Jonathan’s experience are set out in his specialist profiles.
Jonathan regularly lectures on recent legal topics. His recent lectures have been on negotiation skills, cerebral palsy cases and diabetes.
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
Notable Cases
Cases
Jonathan is highly experienced in cases involving medical errors. Such cases are varied in nature and complexity and involve experts from a wide range of disciplines. A selection of cases which Jonathan has been involved in is set out below:
BT v Dr Hughes
Claim against a general practitioner for failing to refer a young boy with suspected hydrocephalus to a paediatric neurologist for further investigation. The Claimant claimed that, as a consequence of this delay, he suffered severe brain damage due to chronic hydrocephalus. He was now unable to work and required extensive care and assistance. Causation and quantum were in issue. Case settled for a lump sum of 3 million.
YR v University Hospitals Birmingham NHS Trust
Claim against the hospital for mismanagement of the Claimant’s diabetes, leading to severe ketoacidosis, superior vena cava thrombosis, bilateral subdural haematomas and cerebellar haemorrhage causing brain damage and quadriparesis. Case settled for a lump sum and periodical payments.
AX v Dr Naughton
Claim against a general practitioner for failing to refer the 5 year old Claimant with suspected sepsis to hospital. The Claimant subsequently developed fulminant meningococcal septicaemia, leading to bilateral above knee amputations, amputation of one arm above her elbow and amputation of all the digits in hr other arm apart from her thumb. Liability and causation were denied. Case settled for a lump sum of 2.835 million
JL v Shrewsbury and Telford Hospital NHS Trust
Claim against the hospital arising from the failure to treat appropriately the signs and symptoms of sepsis and meningitis in a neonate. As a consequence, the Claimant suffered severe brain damage. Causation is disputed. Case is continuing.
OX v Derby Teaching Hospitals NHS Foundation Trust (2016) Lawtel (HHJ Godsmark QC)
Acted for C, cerebral palsy trial involving an unsuccessful argument by D that the traditional 25/30 minute of a profound hypoxic-ischaemic insult should be extended to 40 minutes, meaning that with earlier delivery, C would still have suffered profound brain damage.
Thompson v CIHSA 2017 (1) CILR 441
Decision as to whether the immunity clause was incompatible with the Plaintiff’s human rights.
Thompson v CIHSA 2016 (1) CILR 93
Interpretation of an immunity clause preventing a child with severe CP from claiming damages against the state hospital.
AX v ABC 2016 (2) CILR 150
Severe brain injury trial, where quantum contested.
Chin v Yates 2014(2) CILR 196
Court of Appeal in the Cayman Islands – determined whether the Ogden discount for mortality other than death should be titrated to the circumstances of the case.
Mugweni v NHS London (formerly South West London SHA) (CA) [2012] EWCA Civ 20 , [2012] All ER (D) 145 (Jan)
Trial concerning paediatric heart surgery. Appeal followed.
Lawrence v Chief Constable of Staffordshire [2000] PIQR Q349; Times, July 25 2000
This set the interest rate to be applied on general damages.
Thompson v CIHSA 2017 (1) CILR 441
Decision as to whether the immunity clause was incompatible with the Plaintiff’s human rights.
Thompson v CIHSA 2016 (1) CILR 93
Interpretation of an immunity clause preventing a child with severe CP from claiming damages against the state hospital.
AX v ABC 2016 (2) CILR 150
Severe brain injury trial, where quantum contested.
Chin v Yates 2014(2) CILR 196
Court of Appeal in the Cayman Islands – determined whether the Ogden discount for mortality other than death should be titrated to the circumstances of the case.
Mugweni v NHS London (formerly South West London SHA) (CA) [2012] EWCA Civ 20 , [2012] All ER (D) 145 (Jan)
Trial concerning paediatric heart surgery. Appeal followed.
Lawrence v Chief Constable of Staffordshire [2000] PIQR Q349; Times,
July 25 2000
This set the interest rate to be applied on general damages.
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)
