Clinical Negligence
Claire is predominantly instructed by NHS Resolution but also acts for Claimant and MPS, MDU, MDDUS and private insurers.
Claire’s caseload involves high-value complex claims in which breach of duty, causation and quantum are all in dispute. Many cases of her arise from brain injuries at birth but Claire also has wide expertise in cases involving sepsis (including cases of multiple amputations), blindness caused by retinopathy of prematurity, stroke, epilepsy, oncology and cases against psychiatrists relating to suicide (including catastrophic injuries resulting from attempted suicide).
Claire has particular expertise in cases of fundamental dishonesty and has appeared in committal proceedings on behalf of NHS Trusts.
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 KC (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.
Events
- Crown Office Chambers are attending the AvMA Annual Legal conference
- Claire Toogood KC to speak at Capsticks webinar – 13th June
News
- Claimant’s evidence “inaccurate, unreliable and improbable”: Claire Toogood KC successfully defends Chelsea and Westminster Hospital NHS FT
- Claire Toogood KC obtains committal order on behalf of NHS
Articles
Qualifications
- Deputy Master of the High Court, King’s Bench Division
- 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
- Professional Negligence Bar Association (co-director of the annual Clinical Negligence Conference)
- Personal Injuries Bar Association
- London Common Law and Commercial Bar Association
Recommendations
“Claire is an excellent barrister who can identify the key strengths and weaknesses.”…”She is responsive to queries and has a genuine desire to get the best result for her client.”
Chambers & Partners, 2025
“Claire is unfailingly responsive and her analytical skills are first rate. She is a first choice when looking for an advocate who can manage tricky experts or clients.”
Legal 500, 2025
“She is very approachable and a real team player, and not at all scared of taking the right case to trial.”….”Her attention to detail is meticulous and she is a brilliant advocate and great negotiator.”
Chambers & Partners, 2024
“Claire is a pleasure to work with, a very skilled advocate with an excellent grasp of complex medical issues.”
Legal 500, 2024
“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.”…”She’s very good on complex medical cases and gets to the crux of the matter quickly.”
Chambers & Partners, 2022
“Claire is a strong and forceful negotiator and advocate.”
Legal 500, 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
