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Claire Toogood

Call 1995

"Her advice is clear and pragmatic and she is an excellent advocate. She is well liked by our clients".
(Chambers UK 2016)

Claire Toogood specialises in clinical negligence and product liability.

Claire combines a friendly and approachable manner with a sharp eye for detail and a comprehensive understanding of her cases. She is a strong advocate in court, incisive in cross-examination and persuasive with judges. She is also regularly instructed for joint settlement meetings where her negotiation skills obtain the best possible outcome for her clients. Her specialist practice arose out of her continued fascination for all medically-related matters and she draws frequent praise from experts for her grasp of complex areas of medicine. She enjoys working as a team with her solicitors and clients and is always happy to discuss issues as they arise.

Clinical Negligence

Claire is predominantly instructed by the NHSLA but also acts for Claimants and the defence unions. Her wide experience includes claims involving obstetrics, orthopaedics, oncology, gynaecology, paediatrics, neurology, urology, diabetes and general surgery. Claire is frequently instructed to attend joint settlement meetings and has a reputation for negotiating satisfactory outcomes, but is unafraid to pursue a case to trial when necessary. The directories highlight Claire’s strong advocacy skills.

Selected Cases

  • Jabang v Wadman and others – Claire was instructed by Clyde and Co on behalf of the MPS, successfully defended a rheumatologist who had allegedly caused a delay in diagnosis of spinal tuberculosis (Jabang v Wadman and others [2017] EWHC 1894).  Nicol J found that the rheumatologist had acted reasonably in deferring an MRI scan to a follow up appointment, which the Claimant chose not to attend.  The claim was heard on the issue of liability alone, but the Claimant valued his claim in the region of £12 million.
  • Coade v King’s College Hospital – This case involved allegations of negligent brain surgery and post operative care. It was settled at a round table meeting for a lump sum and periodical payments, the capitalised value being in excess of £3 million.
  • Askham v Buckinghamshire Hospitals NHS Trust & Milton Keynes Hospital NHS Trust – This was a claim by a widower following the death of his wife from a heart attack shortly after she had been discharged from two hospitals. The case was settled for a modest value at a round table meeting with no admission of liability.
  • Evans v Great Ormond Street Hospital – Claire acted for the mother of a 10-year-old boy who died due to a delay in diagnosing X-linked adrenoleukodystrophy. The case was settled following an admission of liability and apology.
  • Border v South London Healthcare – The Claimant alleged that negligent treatment on admission to hospital following a fractured arm had caused lymphoedema. The claim was defended to trial and the claim was dismissed.
  • Balogun v South London Healthcare – A difficult claim by a mother who, following the death of her daughter which she alleged was due to negligent treatment, had attempted to kill her other children and had been convicted and made the subject of a hospital order. The case was settled for a modest sum without admission of liability.
  • Taaffe v East of England Ambulance Service – This was a claim under the Fatal Accident Act in which liability and quantum were in dispute. Acting for the Claimant, Claire succeeded at trial in establishing liability and recovering substantial damages, although the case raised an interesting issue regarding the prospects of the marriage continuing.

Product Liability

Claims involving pharmaceutical, clinical, consumer and industrial products. Claire has recently advised on the likely level of damages related to defective breast implants.

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Qualifications


  • Inns of Court School of Law (Very Competent) (1994 – 1995)
  • Queen Mother’s Fund Scholarship, Middle Temple (1994)
  • MA (Hons) in Jurisprudence, Oriel College, Oxford (1991 – 1994)

Memberships


  • London Common Law & Commercial Bar Association
  • Personal Injury Bar Association
  • Professional Negligence Bar Association

Recommendations


“Calm, measured and effective.”

Chambers & Partners UK Bar 2018

“Her advocacy is second to none.”

Chambers & Partners UK Bar 2018

“Her advice is clear and pragmatic and she is an excellent advocate. She is well liked by our clients”. “Claire is a fantastic advocate. She’s brilliant at handling any detail you give her and she’s always approachable”.

Chambers UK 2016

“She is tenacious, and will work herself to the bone to get a result”

(Legal 500 2016)

“She’s very assured, very robust and doesn’t take any prisoners. At the same time she’s very good with clients and sensitive to their concerns”

(Chambers UK, 2015)

“She is fantastic as she is proactive and very responsive. She is always available to provide practical and logical advice, and has formidable knowledge of her cases. She is also very good on her feet in terms of both applications and advocacy, and relates well to the client.”

(Chambers UK, 2014)

“one of the most client-focused barristers, who deals with issues swiftly, concisely and always with a smile”

(Legal 500 2015)

“absolutely awesome in and out of court”

(Legal 500 2015)

“her written advice and advocacy are both excellent; she gets to the heart of the issues”

(Legal 500, 2014)

“a tenacious cross-examiner, who is very good with lay clients”

(Legal 500, 2014)

“very sharp advocate”

(Legal 500, 2013)

“incredibly bright”

(Legal 500, 2011)


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