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Darryl Allen QC

Call 1995 • QC 2014

"... impresses clients with 'his ability to explain complex concepts in a clear and concise fashion'."
(Chambers & Partners 2012)

Darryl regularly provides lectures and seminars to solicitors and healthcare professionals.

He has been consistently recognised as a leading barrister over recent years.

Clinical Negligence

Darryl is regularly instructed to advise and represent patients and their families in clinical negligence claims. His caseload covers a wide spectrum of medical accidents, including delayed diagnosis of cancer, delayed diagnosis of infant brain tumour, surgical errors, birth trauma, hospital acquired infection, management of infant and grown up congenital heart conditions, and community management of diabetes and diabetic complications. He has successfully represented patients in a number of cases of hospital acquired MRSA infection, securing substantial payments of damages at Joint Settlement Meetings.

Darryl is recommended as a leading barrister in clinical negligence (Chambers & Partners and legal 500).

Selected Cases

  • DG v Royal Bolton Hospital Foundation NHS Trust – £1m (approx) lump sum plus step PPO (£17,500/£60,000) settlement arising out of negligent failure to diagnose and treat spinal abscess resulting in incomplete tetraplegia.
  • KT v AS – Compromise of liability (substantial recovery) arising out of negligently performed prosthetic lumbar disc surgery resulting in severe chronic pain syndrome. Quantum yet to be tried.
  • MR v Wrightington, Wigan & Leigh NHS Trust – Negligent management of anticoagulation resulting in stroke and hemiparesis. Significant issues as to causation and extent of injury in elderly claimant with pre-existing health problems. £250,000 lump sum settlement.
  • PR v Salford and Trafford Health Authority – £625,000 settlement arising out of negligent historical failure to correct club foot deformity (1978) resulting in below knee amputation.
  • Holly v O’Malley & Ors – £500,000 settlement arising out of failure to diagnose and treat diabetic retinopathy leading to complete loss of vision for construction worker.
  • M v North Cheshire NHS Trust & Another – Delayed diagnosis and treatment of breast cancer – Reduced life expectancy – Successful recovery of damages for loss of parental and domestic services during ‘lost years’ – £400,000 recovered.
  • Chiles v Bolton Hospitals NHS Trust – Negligent management of ‘grown up congenital heart condition’ in pregnancy – Fatal Accidents Act claim on behalf of widower and two children – £400,000 settlement.
  • RL v Barnet & Chase Hospitals NHS Trust – £330,000 settlement arising out of hospital acquired MRSA infection (liability denied).
  • PM & Anor v North Cheshire Hospitals NHS Trust – Maternal death following negligently performed amnioscentesis – Fatal Accidents Act claims on behalf of widower and child, and maternal mother (nervous shock) – £250,000 recovered.
  • FO v Blackpool Fylde & Wyre Hospitals NHS Trust – £115,000 settlement arising out of hospital acquired MRSA infection (liability denied).
  • Rosario v St George’s Hospital NHS Trust – Failure to warn of risks associated with Botulinum Toxin treatment of recurrent temporo-mandibular joint dislocation – anxiety and depression – Judgment for claimant following 5 day trial.
  • DW v University Hospitals of Morecambe Bay NHS Trust – Delayed diagnosis of post-partum haemorrhage at midwife led maternity unit resulting in hysterectomy and psychiatric injury – £82,500 recovered.
  • PW v Pennine Acute Hospitals NHS Trust – Negligent nursing care leading to Grade 5 pressure sore – £75,000 recovered.

Personal Injury

Darryl has practised in personal injury litigation since completing his pupillage at Farrar’s Building, London. He advises and appears on behalf of claimants and defendants. His caseload is now predominantly claims exceeding £100,000, and he is regularly instructed in claims exceeding £1m. Sitting as a Tribunal Judge on Criminal Injuries Compensation Appeals, he has substantial experience of analysing and deciding difficult issues relating to local authority care and accommodation, and claims for loss of earnings.

Darryl is recommended as a leading barrister in personal injury work (Chambers & Partners and Legal 500).

Selected Cases

  • C v D – Instructed by Defendant in £8.5m claim (£200,000 PPO) on behalf of severely brain damaged RTA victim. Lump sum compromised for £2.3m. PPO of £125,000 following 2 week trial. Claimant failed to beat PPO Part 36 Offer with substantial costs consequences.
  • AB v ST – instructed by tetraplegic ventilator dependent Claimant. Recovered lump sum of £2.95m plus £247,500 PPO (£9.5m lump sum equivalent).
  • TR v RD – Instructed by brain injured Claimant. Recovered lump sum of £2.1m plus £60,000 PPO (£3.87m lump sum equivalent).
  • NB v First Manchester Ltd – Instructed by Claimant (bilateral amputee) following road traffic accident. Recovered £285,00 lump sum plus £56,500/£78,669 step PPO. Difficult issues of causation, extent of injury and co-morbidities.
  • Howarth v The Home Office – Successful claim for compensation on behalf of former Strangeways Prisoner for harassment and breach of Article 8 rights by prison officers.
  • G v M – Instructed by Claimant: £600,000 recovered in claim with substantial dispute as to veracity of Claimant’s claims of cognitive impairment.
  • TW v A Ltd – Instructed by Claimant: significant back injury to formwork carpenter following accident at work; substantial dispute as to residual earnings capacity; £460,000 recovered.
  • TP v HE Ltd – Instructed by Claimant in fatal accident claim arising out of death of husband/father following failure of hydraulic system on industrial wheel loader. Substantial sum recovered subject to confidentiality agreement.
  • S v S – Instructed by Claimant in claim arising out of road rage incident: severe orthopaedic and psychiatric injuries, and sexual dysfunctions; limited evidence as to Claimant’s pre-accident income and employment history; £470,000 recovered.
  • RK v CICAP – £150,000 award to victim of childhood sexual and physical abuse including substantial award for loss of earning capacity notwithstanding generally traumatic childhood.

Professional Liability

Darryl is regularly instructed to represent the GMC before Fitness to Practise Panels.

Selected Cases

  • GMC v Dr C – Misconduct. Surgery beyond competence of “Consultant” practising at Independent Sector Treatment Centre. Substandard surgery and subsequent dishonesty in relation to notes and communication with other surgeons.
  • GMC v Dr K – Misconduct. Improper allegations to police against Consultant Colleague.
  • GMC v Dr A – Misconduct. Dishonesty. Falsification of qualifications in job applications and CVs. Dishonest misrepresentation to employer, GMC and police.

Memberships


  • Action against Medical Accidents
  • Northern Administrative Law Association
  • Personal Injuries Bar Association

Recommendations


“… impresses clients with ‘his ability to explain complex concepts in a clear and concise fashion’. He handles personal injury and professional discipline matters in addition to his clinical negligence caseload, and is also described by sources as ‘a first-class junior: he is incisive, knowledgeable and practical in his approach to matters’.”

Chambers & Partners 2012

“Darryl Allen is ‘very easy to talk to’ and joins the rankings this year. Sources agree he is ‘technically excellent and impressive on his feet and in settlement meetings’.”

Chambers & Partners 2012

“… a very clever up-and-coming junior with a practical approach, who gives good, clear advice.”

Chambers & Partners 2011

“… is much in demand, as is Darryl Allen who ‘seems to understand complex issues with remarkable ease and is popular with clients’.”

Chambers & Partners 2010

“The ‘very client-focused’ Darryl Allen ‘combines legal skill with a practical approach’.”

Legal 500 2010


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