Jonathan is very experienced in cases involving surgical errors and over the course of his career, has pursued many such claims to success.
A selection of cases which Jonathan has been involved in is set out below:
Rickwood v The North West London Hospitals NHS Trust [2014] (HHJ Hampton) – instructed by the Claimant.
The Claimant alleged that during complex surgery at a tertiary surgery unit, the surgeon and the anaesthetic staff put the Claimant in such a position to perform the surgery for such a duration that he suffered severe compartment syndrome in his legs. Liability denied. Case went to trial and the Claimant was successful. Quantum was agreed at GBP 950,000.
HP v Worcestershire Acute Hospitals NHS Trust [2019] – instructed by the Claimant.
A case involving the delay in diagnosing and remedying a twisted bowel in a child. As a result, the child required a stoma and she suffered ongoing sickness, visceral sensitisation causing chronic pain and severe depression. She was unable to work and required extensive care. Liability was admitted and the case settled at an RTM for GBP 3 million.
LJ v Worcester Acute Hospitals NHS Trust [2017] – instructed by the Claimant.
Negligent damage to the bowel during a laparoscopy, resulting in peritonitis and subsequent chronic pelvic pain, sickness, reduced fertility and scarring. Claimant required significant support and care but was able to work as a teacher, albeit with frequent absences. Liability was admitted and case settled at an RTM for GBP 2 million.
IXK v Nottingham University Hospitals NHS Trust [2019] – instructed by the Claimant.
Negligent administration of anaesthetic to a baby causing a cardiac arrest and severe brain damage. Severe respiratory problems leading to the need for complex and extensive care (2 to 1 care at all times). Limited life expectancy. Case settled at an RTM for a lump sum plus PPOs.
AXB v University Hospitals of Leicester NHS Trust [2018] – instructed by the Claimant.
Negligent decision to perform facial reconstruction and then negligent administration of the anaesthetic which led to a cardiac arrest and severe brain damage. Liability admitted. Case settled at an RTM for a lump sum plus PPOs.
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 (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
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.
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)
