Juliet Stevens

‘Juliet is excellent at navigating complex medical and legal issues. She is insightful and thorough and provides clear, no-nonsense advice to her clients.’ Leading Junior, Clinical Negligence, Legal 500 2023.

Juliet has a broad clinical negligence practice. She is instructed by claimants, insurers and medical defence organisations. She regularly appears in the High Court as sole counsel, and accepts instructions on a CFA basis. Many of her instructions engage evolving areas of the law, including material contribution, secondary victim claims and matters pertaining to consent.

Prior her career at the Bar, Juliet was a medical doctor, specialising in Obstetrics and Gynaecology. Her dual expertise gives her unique insight into the cases she advises upon and litigates. Further, having conducted medical research both in the UK and abroad, she is adept at critical analysis of scientific and epidemiological studies.

Juliet has a particular interest in women’s health and birth injury cases. Recent instructions have concerned:

• Birth injury – cerebral palsy causing significant impairment, Erb’s Palsy
• Pregnancy loss – miscarriage after cervical surgery, stillbirth as a result of maternal health complications, stillbirth due to mismanagement of labour.
• Maternal consent – failure to obtain adequate consent for instrumental delivery or Caesarean section.
• Maternal obstetric injury – third and fourth degree tears, obstetric fistulae, uterine tears, Asherman’s Sydrome.
• Postpartum/postnatal illness – postpartum hemorrhage, postnatal Streptococcal infections, postnatal depression.
• Reproductive medicine – promotion of unproven ‘fertility treatments’, delay in referral for IVF.
• Gynecological cases – cervical stenosis after cancer treatment, bowel injury after laparoscopic fertility surgery, delayed diagnosis of ovarian cancer, BRCA gene carriers.
• Disorders of sexual development incl. Androgen Insensitivity Syndrome.

Juliet is also accepts cases across the medical spectrum. Recent instructions have concerned:

Neurological Cases

• Delayed A&E investigation of evolving cauda equina syndrome
• Peripheral nerve dysfunction after spinal discectomy surgery
• Interventional radiology complications after subarachnoid haemorrhage
• Re-bleed after subdural haemorrhage after administration of anticoagulation drug
• Somatoform disorders including functional epilepsy

Cancer Cases

• Incorrect diagnosis of cancer on the basis of an inadequate tissue sample
• Delayed diagnosis of prostate cancer after missed PSA follow up in primary care
• ‘Genetic’ cancers incl. BRCA.

Colorectal Cases

• Failure to diagnose chronic intestinal ischaemia
• Complications after ileoanal pouch formation surgery

Infection, Immunology and Transplant Cases

• Inadequate antibiotic prophylaxis during bone marrow transplantation
• Delayed diagnosis of biliary atresia in a neonate precipitating the need for early liver transplantation
• Administration of a vaccine in primary care leading to anaphylaxis
• Prosthesis infections after orthopaedic surgery

Ophthalmological Cases

• Delayed diagnosis of retinal detachment leading to loss of sight in one eye
• Accelerated glaucoma

Genetic Disorders

• Failure to treat Androgen Insensitivity Syndrome
• Failure to detect BRCA carrier status
• Failure to act upon investigations indicating hereditary cardiomyopathy

Juliet also acts on behalf of allied health professionals. By way of example, she has acted on behalf of a physiotherapist alleged to have induced a stroke, for a hypnotherapist in relation to a claim arising from treatment for tinnitus and for a psychotherapist whose conduct was impugned during family law proceedings.

Juliet remains registered as a doctor with the General Medical Council, and is an executive member of the Professional Negligence Bar Association. In her spare time, she is an Associate Trainer for Birthrights, a charity dedicated to protecting human rights during pregnancy and childbirth.

Juliet has experience of representing individuals in healthcare disciplinary proceedings before a variety of tribunals, including the Medical Practitioners Tribunal Service (MPTS), Social Work England (SWE), the General Osteopathic Council (GOsC), the British Psychoanalytic Council (BPC) and the British Association for Counselling and Psychotherapy (BAPC).

As a result of her previous career as a doctor, Juliet has an immensely useful practical understanding of the challenges and realities of working in the healthcare sector. She uses this to inform her professional discipline practice.

Selected Cases

• MPTS v JH (2022): Acted for a doctor who had self-prescribed opiates on a number of occasions.
• BAPC v NN (2022): Acted for a counsellor involved in practice review proceedings arising from allegations of mental ill health.
• BPC v MD (2022): Acted for a psychoanalyst before a health review panel. Her fitness to practise was found unimpaired, and her suspension revoked.
• SWE v SN (2022): Acted for a social worker who admitted various allegations made against her including a charge of dishonesty. At the Fitness to Practise hearing the SWE sought suspension. The social worker received a warning for 12 months, with no restrictions placed on her practice.
• GOsC v TM (2021): Acted for an osteopath who had previously been suspended from practice for 18 months due to having been found to have engaged in sexual activity with a patient. After a Professional Conduct Committee review hearing no further directions were made and the osteopath was permitted to return to unrestricted practice.

Juliet has developed a broad personal injury practice, acting both for claimants and defendants.

She is frequently instructed as trial counsel, and to appear at interlocutory hearings including case and cost management conferences. She is regularly instructed to advise as to prospects and tactics and to draft pleadings for fast and multi-track claims.

Selected Cases

Notable cases:

• EG v Groupama – Instructed as junior counsel, led by Alexander Antelme QC and Andrew Davis, in a case concerning a fatal accident in France caused by the failure of a lorry tire. The Claimant advanced a claim for over 90 million euros. The claim gave rise to issues of relevant French law, quantification and product liability.
• RS v Marzetti (1) Kelly Communications Plant Ltd (2) – Instructed as junior counsel, led by Andrew Davis, in a road traffic injury claim pleaded at £7 million. The claim proceeded to a 5 day trial on the matter of quantum alone, liability having been admitted. Settlement was reached during trial.

Juliet is regularly instructed in the following types of cases:

• Road traffic accident claims, including cycling accidents, accidents abroad, actions brought against highway authorities and fatal accident claims.
• Employers’ liability claims, arising from accidents in industry, within schools for children with challenging behaviours and involving staff at psychiatric units. Juliet has also been instructed in a variety of stress at work claims.
• Public liability claims, including a claim concerning anaphylactic shock at a restaurant, accidents occurring at school and during school trips, in holiday resorts, in public playgrounds/gyms and during domestic building works.
• Part 20 claims against NHS Trusts and individual medical practitioners, in which it is alleged that subsequent negligent medical care compounded loss and damage suffered as a result of an index accident.
• Occupiers’ liability claims, including slip and trip claims, claims concerning contractors and claims for injury as a result of bed bug infestations in the hotel industry.

Juliet also has extensive experience of ADR, including JSMs and mediation, and welcomes instructions to advise on settlement parameters and to assist client resolve disputes prior to trial. Further, she has experience of appeals against arbitration awards made under the Untraced Drivers Agreement 2003.

She is a member of the Personal Injury Bar Association.

Juliet has extensive experience of acting for insurers and defendant entities in claims where fraud, exaggeration or malingering is suspected. She regularly advises in relation to applications under s.57 CJCA 2015 and for the disapplication of QOCS.

Her experience of these claims is cross-disciplinary:

• Motor claims: including ‘ghost passenger’ claims, staged accidents, low-velocity impact cases.
• Clinical negligence claims: including those in which malingering is alleged.
• EL/PL claims: including those involving considerable counterclaims for repayment of falsely obtained sick pay.
• Indemnification claims: in which the policy is voided as a result of dishonesty/non-disclosure at inception.

Juliet has considerable experience of advising in relation to surveillance evidence, and applying for its admission. She has taken a number of claims to trial in which fundamental dishonesty was alleged, and has succeeded in obtaining dishonesty findings against claimants on several occasions.

Juliet is currently instructed as Junior Counsel to the UK Covid-19 Inquiry.

She is also regularly instructed to represent families, healthcare providers and other interested parties at inquests and associated hearings. She acts both in ‘Article 2’ jury inquests, and those heard by coroner alone. She has particular expertise acting for parties in inquests where significant criticism of a healthcare practitioner or provider is expected, whether paramedic, primary care, Trust, private hospital or care home.

Juliet’s inquest practice complements her clinical negligence practice, and she accepts instructions to represent families at inquests on a CFA basis, with a view to civil proceedings.

Selected Cases

• Represented an NHS Trust at an inquest concerning the death of a woman who died of a brain haemorrhage after the administration of an anti-blood clotting drug.
• Represented a commercial entity at an inquest concerning the suicide of a woman who died after creating a ligature from ‘anti-ligature’ clothing.

https://www.inquest.org.uk/emma-pring-inquest-concludes

• Represented an NHS Trust at two linked inquests concerning the provision of care of Covid patients at the Nightingale Hospital, London. The inquest generated significant national press coverage:

https://www.bbc.co.uk/news/uk-england-london-58883932 https://www.independent.co.uk/news/health/nightingale-hospital-deaths-inquest-nhs-b19334  16.html

• Represented a national care home provider at an inquest concerning the suicide of a resident days after he was admitted.
• Represented the family of a baby who died during labour over a three day inquest in which, amongst other matters, the coroner’s jurisdiction was in dispute. At the conclusion of the inquest, the Senior Coroner made a Reports for the Prevention of Future Deaths against the NHS Trust and the clinician who commenced the delivery of the child. In addition, the Senior Coroner’s concerns were such that referred the key clinician to the General Medical Council. The inquest generated significant local press coverage:

https://www.edp24.co.uk/news/coroner-to-raise-concerns-after-death-of-baby-1-6739227

https://www.greatyarmouthmercury.co.uk/news/kobi-wright-inquest-opens-jpuh-1-6733961

• Represented an NHS Trust at an inquest concerning the death of a patient subsequent to an anaesthetic drug error. The matter of neglect was in issue.
• Acted on behalf of an NHS Trust in relation to a multiday inquest which concerned the death of a child who had presented to the Trust with an undiagnosed serious underlying health condition. Represented a properly interested third party to a fatal road traffic collision, where attending healthcare professionals had performed perimortem surgery on the deceased at the scene of the accident.

‘Attention to detail, excellent understanding of technical legal issues and all round great advocate.’ Rising Star, Legal 500, 2023

“She has a good grasp of scientific and statistical concepts. She gets on well with clients and witnesses.” Rising Star, Legal 500, 2022

“An up-and-coming junior in the product liability field.” Rising Star, Legal 500, 2021

Medical Product Liability

Juliet has a particular interest in claims involving pharmaceuticals, medical products and devices. She has extensive experience analysing the methodologies and conclusions of drug trials and large scale epidemiological studies. Selected cases include:

• LM v Pharmaceutical Firm (2022) –  instructed as junior counsel, led by Alexander Antelme KC, in a claim brought on behalf of a child against a pharmaceutical company. A life-changing reaction to one of its standard medicines was alleged.
• The Seroxat Group Litigation (2019-2020) – instructed as junior counsel in the Seroxat Group Litigation in both the High Court and the Court of Appeal, led by Michael Kent KC. This litigation was listed in The Lawyer magazine’s “Top 20 Cases of 2019”.
• The Metal-on-Metal hip litigation (2017) – While a pupil, assisted Alexander Antelme KC and David Myhill with the Pinnacle Metal-on-Metal hip group litigation.

Personal Injury

Juliet is regularly instructed in relation to claims concerning personal injury arising from allegedly defective products. Selected cases include:

• RD v BB (2002) – representing four claimants, including children, in a claim concerning the explosion of a commercial pressure cooker, resulting in severe burns and psychiatric injury.
• AA v Groupama (2018) – instructed as junior counsel, led by Alexander Antelme KC and Andrew Davis, in a case concerning a fatal accident in France caused by the failure of a lorry tire. The Claimant advanced a claim for over 90 million euros. The claim gave rise to issues of product liability, relevant French law and quantification.
• XY v Car Manufacturer (2017) – Advised on EU regulation of car fuel tanks in relation to litigation arising from a car fire which caused catastrophic injury.

Commercial claims

 Juliet also acts for claimants, defendant entities and insurers across the breadth of commercial product liability claims.

Selected cases:

• Acted for an insurer in a recovery action concerning a house fire said to have been caused by a defective residual current device.
• Acted for a commercial livestock farmer in relation to a claim arising from the supply of defective animal Considerable consequential loss was claimed.
• Smith v The Company of Animals Limited –  successfully defended a manufacturer at trial, in a claim in which it was alleged that a leading pet training device was defective.
• Sheldon v Shell UK Oil Products Ltd – represented a petroleum company at trial whose petrol was said to be contaminated such that it caused damage to the Claimant’s vehicle.

Juliet has given numerous seminars concerning product liability and its interplay with other legal disciplines. In addition, she has contributed to various relevant publications including the chapter concerning Multi-Party Actions in Bullen & Leake & Jacob’s Precedents of Pleadings by Sweet & Maxwell.

Juliet has experience of a wide variety of property damage matters, including tree root subsidence claims, underground cable strike claims, flooding and fire.

She has a particular interest in property damage claims arising from matters of product liability.

Selected Cases

• Acted for an insurer in a recovery action concerning a house fire said to have been caused by a defective residual current device.
• Acted for a commercial livestock farmer in relation to a claim arising from the supply of defective animal Considerable consequential loss was claimed.
• Advised an insurer as to the prospects of a successful claim for compensation against a police authority under the Riot (Damages) Act 1886 in relation to commercial property damage.
• Successfully defended a local authority at trial in claim arising from damage to private property during Storm Imogen in 2016.
• Settled Particulars of Claim in a claim arising from a fire at agricultural premises which caused the damage of extensive grain stock.
• Settled Defences in two separate claims arising from a fire at catering premises blamed on inadequate commercial cleaning.
• Acted on behalf of a local authority in a claim arising from the flooding of a historic church allegedly caused by a failure to maintain public drains.
• Settled Particulars of Claim in a claim concerning damage caused subsequent to alleged misrouting of sewerage connections within a business park development.
• Acted on behalf of a county council in relation to alleged subsidence caused by reprofiling of a drainage culvert.
• Instructed in relation to litigation concerning sailing boats moored in a marina, in which it was alleged that metal filings generated by nearby construction works had damaged the decks.
• Settled Particulars of Claim regarding the failure of an electrical installation within a petrol station complex which resulted in property damage and extensive economic loss.
• Settled a Defence and advised a private sports club in relation to flooding allegedly caused by insufficient drainage provision on the club’s land.

Juliet’s professional liability practice covers a wide range of disciplines, with a particular emphasis on claims against legal professionals.

Selected Cases

• Acted on behalf of a firm of solicitors whose negligence had resulted in the strike out of a personal injury claim.
• Acted on behalf of a firm of solicitors regarding an alleged negligent failure to recover costs from a liquidator.
• Instructed as sole counsel in a claim valued at £1.25 million against a leading structural and civil engineering consultancy. The claim concerned a property which sustained significant structural damage during basement construction works.
• Acted on behalf of a firm of solicitors in a claim in which it was alleged that earlier proceedings had been compromised contrary to the claimant’s instructions.
• Acted on behalf of claimants in a Japanese Knotweed claim against a building surveyor.
• Settled a Defence in a claim against conveyancing solicitors concerning the scope of an overage clause in the transfer of undeveloped land.
• Advised a firm of conveyancing solicitors as to pre-action tactics and settling a Letter of Response in relation to allegations that the firm had failed to adequately advise a purchaser as to his stamp duty land tax (SDLT) liability, and had further failed to take steps to minimise the same.
• Advised and drafted pleadings in claims in which it was alleged that conveyancing solicitors had failed to apply for SDLT multiple dwellings relief (MDR).
• Settled a Defence in claim against a law firm in which it was alleged that failures to adequately conduct personal injury litigation had led to the strike out of a meritorious claim.
• Settled a Defence in a claim against a law firm where it was alleged that, but for a failure to negotiate a standstill agreement, a claim pleaded at c.£290k but with poor prospects of success would have settled pre-action.

Juliet is an elected member of the Professional Negligence Bar Association’s executive committee and co-author of the chapter concerning Tortious Liability in Respect of Building Operations within Emden’s Construction Law.

Juliet has experience of a wide range of commercial disputes. She has a particular interest in claims arising from alleged defective products, acting for claimant, defendants and insurers seeking recovery. She welcomes instructions to advise and to draft pleadings across all areas of commercial law.

Selected Cases

• Acted for a chartered professional body in relation a claim for alleged outstanding cancellation charges arising from a contract for the provision of professional services. Settlement was achieved pre-action at a round table meeting.
• Settled Particulars of Claim on behalf of an agricultural contractor in relation to a high value claim for crop yield losses after alleged defective fertiliser application.
• Advised in relation to contribution proceedings arising from an incident in which extensive damage was caused by construction plant falling onto the roof of a commercial property. The claim turned on a dispute as to the allocation of risk under a contract on Construction Plant Hire Association (CPA) conditions, where the incident occurred prior the commencement of the stipulated hire period.
• Settled a Defence and Counterclaim for a national provider of financial products in relation to a series of service contracts. The dispute engaged issues incorporation, misrepresentation and estoppel by representation.
• Settled a Particulars of Claim on behalf of a commercial livestock farmer in relation to the supply of defective animal semen, in which considerable consequential loss was claimed.