Annie Mackley

Annie has a strong personal injury practice and is instructed in a range of interim hearings and trials involving road traffic accidents, public liability, employer’s liability, occupier’s liability, injuries caused by animals and injuries occurring in a social care and housing setting. Annie is frequently instructed in cases with fundamental dishonesty aspects.

She provides advice and drafting at all stages of personal injury litigation and has particular experience navigating complex medical issues in conference with experts. She has a growing interest in quantum in high-value personal injury claims and is increasingly instructed to draft Schedules of Loss and Counter-Schedules in such claims.

Examples of her recent work include:

• Represented the successful claimant unled at trial in Berresford v Shah [2024] EWHC 3500 (KB). The claim concerned substantial factual disputes as well as complex issues in relation to the application of the illegality defence post-Patel v Mirza.
• Representing a cyclist injured in a road traffic accident, where a complex medical history raises difficult questions of causation and quantum.
• Successfully represented the defendants at trial in an Animals Act case concerning a dog which bit a foster child in the care of the defendants.
• Successfully represented a defendant housing provider in a trial concerning a fall at home.
• Advised pro bono in a prospective claim against a university arising from a student’s death.

Annie accepts instructions from Defendants and Claimants and is willing to accept instructions on a CFA basis. She accepts pro bono instructions via Advocate.

Annie is a member of PIBA.

Annie has a strong interest in professional disciplinary matters. She has a good understanding of the challenges faced by healthcare and social work professionals and prides herself on providing excellent client service in these difficult proceedings. She also understands the unique demands of advocacy before disciplinary tribunals and prides herself on her careful and persuasive advocacy in this setting.

She has represented clients before tribunals of the BACP, BPC and HCPC.

Examples of her recent work include:

• Represented a therapist accused of sexually motivated and dishonest conduct in Fitness to Practice proceedings. Following Annie’s cross-examination of the sole witness of fact, the BPC dropped the charges of dishonesty and sexual misconduct.
• Secured the discontinuance of all allegations against two child psychologists.
• Represented a therapist facing serious allegations of misconduct in interim order proceedings, resulting in no interim order being made.
• Secured the dismissal of complaints against a therapist accused of improperly ending therapy.
• Represented a therapist accused of an improper dual relationship, with the result that no restrictions were placed on the therapist’s practice.
• Successfully secured the dismissal of complaints before the BACP against a therapist accused of improperly ending therapy.

Annie accepts pro bono instructions via Advocate.

Annie has a particular experience of clinical negligence cases. She is frequently instructed by NHS Resolution and insurers to advise and draft statements of case in a wide variety of clinical negligence claims. She has a busy court practice and regularly appears in interim applications, infant approval hearings and CCMCs.

Examples of her recent work include:

• Instructed as trial counsel on behalf of two dentists for a four-day trial concerning alleged mismanagement of periodontal disease. Settled via counsel-to-counsel discussion for 25% of the pleaded value of the claim.
• Held a conference with experts and subsequently drafted the defence in a high value claim concerning allegations of a mismanaged fall in hospital resulting in paraplegia.
• Drafted the defence in a complex claim relating to delayed diagnosis of sepsis in a patient with learning difficulties, following a conference with the clinicians involved.
• Successfully secured strike-out of a claim alleging mismanagement of stroke symptoms by a GP surgery.
• Advised in conference and in writing on quantum in a claim arising from an extravasation injury which involved complex questions in relation to capacity and medical causation.

Annie accepts instructions from Defendants and Claimants and is willing to accept instructions on a CFA basis. She accepts pro bono instructions via Advocate.

Annie is a member of AvMA and PNBA. She delivers talks on areas of interest, including at PNBA’s Clinical Negligence Conference.

Annie accepts instructions in all product liability matters. She has experience of product liability disputes in tort, contract and under the Consumer Protection Act. She has a particular interest in claims involving medical products and pharmaceuticals, as well as all claims resulting in personal injury. This is complemented by her clinical negligence and personal injury practice, which renders Annie proficient in dealing with complex medical issues in conference with experts.

Recent work includes drafting the defence in a personal injury claim arising from the use of gym equipment.

Annie gained experience during pupillage of a variety of civil and criminal health and safety proceedings, including drafting statements of case, advising and attending trials. She continues to accept instructions in all health and safety related matters.

Examples of her work include:

• Advising parties implicated in investigations by the Marine Accidents Investigation Branch.
• Currently instructed in respect of the 2022 Haut de Mont explosion in Jersey.

Annie has a particular interest in advising and representing all interested parties at inquests. She has acted in numerous PIRHs, Jamieson inquests and Middleton inquests, including those held with a jury, and takes a keen interest in coronial law and procedure.

She is regularly instructed on behalf of families and organisations in inquests where significant scrutiny is expected of healthcare and social care providers, including where there are complex medical and/or psychiatric issues. Her skills in dealing with complex medical matters are complemented by her clinical negligence and personal injury practice.

Annie understands the difficulty faced by all those involved in inquest proceedings and the challenges that can arise during an inquest. She provides both compassionate client care and persuasive and careful advocacy before the Coroner.

She has:

• Represented Reading Borough Council at the Forbury Gardens Terror Attack Inquest (led by Simon Antrobus KC and Katie Sage).
• Represented a local authority in an Article 2 inquest held with a jury. The inquest concerned an assault on a patient in a geriatric psychiatric ward. At the conclusion of the inquest, no criticism was made of the local authority.
• Represented an NHS trust in an Article 2 inquest concerning the suicide of a patient in hospital. Annie successfully argued that no finding of neglect should be made.
• Represented a local authority at an inquest concerning the death of a gentleman following self-neglect. Significant issues were raised in respect of neglect and causation. No finding of neglect by the local authority was made.
• Represented an NHS trust at a complex and sensitive inquest concerning the management of an eating disorder patient.
• Represented an NHS trust at an inquest concerning the death of a lady with a possible undiagnosed eating disorder. The inquest raised significant issues concerning the management of chronic malnutrition and mental capacity.
• Acted on behalf of a family at an inquest concerning a death due to collision with a lorry.
• Acted on behalf of a family at an inquest concerning the death of a lady who suffered a brain haemorrhage while taking chemotherapy medication and warfarin. A finding was made that the combination of drugs had contributed to her death.

Annie accepts pro bono instructions via Advocate.

Annie accepts instructions in all aspects of property damage work. She advises, drafts statements of case and represents parties at hearings in respect of all types of property damage, including flooding in residential and commercial properties, accidental fire, vermin damage and damage to commercial stock. Recent work includes drafting Particulars of Claim in a claim concerning a domestic oil leakage.