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
- TB v Bedford Hospital NHS Trust [2019] EWHC 2704– Claire, instructed by Kennedys, successfully defended the Defendant Trust in a High Court trial in which the Claimant alleged a stroke causing serious disability would have been avoided but for D’s erroneous diagnosis. HHJ Deborah Taylor found that the Claimant would not have been compliant with her medication and lifestyle advice and in any event the Claimant had not proved that these factors would have avoided the stroke.
- CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 – HHJ Gore QC (sitting as a High Court judge) dismissed a claim for damages for cerebral palsy, finding that the evidence of the Claimant’s witnesses was inconsistent and unreliable. Claire acted for the Defendant Trust, instructed by Kennedys.
- Corke v Princess Alexandra Hospital NHS Trust [2019] EWHC 487 – Claire successfully defended the Trust in relation to failed surgery to fix a hip fracture, resulting in a hindquarter amputation. The surgeon had acted reasonably in using a dynamic hip screw as he considered that he could not have successfully inserted an intramedullary nail. Claire was instructed by Hill Dickinson.
- Jabang v Wadman and others [2017] EWHC 1894 – 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. 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.
News
- New Silks – Claire Toogood QC and Richard Whitehall QC
- Claire Toogood and Richard Whitehall to be appointed Queen’s Counsel
Articles
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
“She is incredibly good with clients and provides significant reassurance to those that need it. She is unflinching in her ability and willingness to take a fight to those that need it.”
Chambers & Partners, 2022
“Claire is a strong and forceful negotiator and advocate.”
Legal 500, 2022
“She’s very good on complex medical cases and gets to the crux of the matter quickly.”
Chambers & Partners, 2022
“Claire is a go-to junior, fierce when she needs to be, collaborative in her style and she always delivers. Exceptional people skills ensure that this barrister gets the very best from clients, witnesses, experts and judges.”
Legal 500, 2021
“Very impressive – she’s insightful, not fooled by anything, and identifies any weakness in an argument immediately.”; “She’s very sharp, authoritative and someone you definitely want in your corner. She’s extremely approachable and has a great manner with clients.”; “She has an excellent eye for detail.”
Chambers & Partners, 2021
“A delightful barrister who is a pleasure to work with. Her analytical and compassionate approach to cases is appreciated by instructing solicitors and clients alike. Her friendly manner does not in any way detract from her ability to forcefully and convincingly put forward her client’s case in court.”
Chambers & Partners, 2020
“Her drafting is second-to-none and she has a complete grasp of medical evidence.”
Legal 500, 2020
“Very authoritative.” “Careful and considered. She has a lovely way with experts and lay witnesses. Her advice is always sound.”
Chambers & Partners, 2019
“Calm, measured and effective.”
Chambers & Partners, 2018
“Her advocacy is second to none.”
Chambers & Partners, 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 & Partners, 2016
“She is tenacious, and will work herself to the bone to get a result”
Legal 500, 2016
