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Matthew Turner

Call 2018

Matthew Turner specialises in personal injury, clinical negligence, industrial disease, product liability, inquests & public inquiries, professional liability, and health & safety. He also undertakes some commercial work, with a particular focus on cases involving theft and fraud (including cybercrime and ‘invoice hijacking’ cases).

Before coming to the Bar, Matthew trained as a solicitor at a Magic Circle law firm (2015–2017) and practised as an Associate at a Texan law firm (2017–2018), specialising in commercial disputes. His training contract included a secondment to Liberty, the human rights organisation.

Matthew studied at the University of Nottingham (2010–2014), graduating top of his year in law. This included a year at the University of Texas at Austin Law School (2012/13), during which he worked as a Student Criminal Defence Attorney representing death row inmates.

Since 2018, Matthew has been Chair of the Labour Campaign for Human Rights one of the most active and high-profile campaigns within the Labour movement. He has developed particular policy expertise in the areas of Business and Human Rights and Modern Slavery (in particular, human rights due diligence obligations and corporate value chains) and Economic, Social and Cultural (ESC) Rights. He welcomes instructions related to these areas.

Personal Injury

Matthew has a busy personal injury practice, acting for both claimants and defendants.

He is regularly instructed in fast and multi-track cases involving road traffic accidents, claims against highway authorities, employers’ liability claims, public liability claims, and occupiers’ liability claims. He accepts instructions on a CFA basis.

Matthew has particular experience of employers’ liability claims in the healthcare industry, including representing (through RCN Law) nurses who have contracted tuberculosis (TB) at work due to the inadequate provision of PPE. He is therefore well-placed to undertake cases where healthcare workers have contracted Covid-19 due to inadequate PPE.

He is also quickly developing experience of stress at work cases, including cases involving bullying and sexual harassment.

Matthew has a busy paperwork practice and regularly advises on prospects of success and quantum. He has extensive experience drafting pleadings, including schedules of loss and counter-schedules (including in fatal claims).

He is also developing experience of claims involving fraud and fundamental dishonesty.

Selected Cases

Employer’s Liability:

  • Representing multiple nurses who contracted tuberculosis whilst working in hospitals due to inadequate PPE;
  • Representing NHS Trusts in multiple claims brought by nurses who were attacked by patients;
  • Representing a Theatre Support Worker who dislocated her knee whilst transferring a patient;
  • Representing an NHS Trust in a claim by an employee who was injured while pushing a records trolley;
  • Representing a warehouse employee of a well-known supermarket chain following an accident involving a defective pump-powered truck;
  • Representing a manufacturer in a claim by an employee who burned his hand whilst using an injection moulding machine;
  • Representing a manufacturer in a claim by an employee who slipped on water spilled from pipes attached to an injection moulding machine;
  • Representing a machine operator whose fingers were amputated while using a milling machine which did not have a guard in place;
  • Representing a billboard company in a claim by an employee who injured his finger while trying to close a billboard;
  • Representing a well-known poultry company in a claim by a lorry driver who was injured when a lorry of live turkeys overturned;
  • Representing an animal sanctuary employee who was kicked and crushed by a horse;
  • Representing a kennels assistant who was attacked by a dangerous dog during a police assessment;

Stress at Work:

  • Representing a law firm in a claim by a former employee alleging that she was bullied and sexually harassed by another former employee working in the same department;
  • Representing the Care Quality Commission (CQC) in a claim by an inspector who was injured during her commute to work against a background of alleged harassment and discrimination;

Public Liability:

  • Representing a private hospital in a claim by a patient who fell whilst attempting to mobilise after using the toilet;
  • Representing a care home in a claim brought by a former patient with vascular dementia;
  • Representing a young girl who was injured at school when she was hit in the face by a football after the morning break;
  • Representing a school in a claim by a pupil who was injured falling over a hurdle during a PE lesson;
  • Representing a college in a claim by a young boy who was injured when he ran into a rope;
  • Representing a work experience student who was injured when he was left unsupervised on a large rubble heap at a plant hire site;
  • Representing a lady who was injured during an exercise class at a gym when she slipped on hair and dust on the floor;
  • Representing a man who lost consciousness and went underwater while swimming in a pool at a campsite;
  • Representing an airport worker who was injured when a lifejacket and oxygen tank was thrown at him by an offshore oil worker;
  • Representing a port security worker who was injured when she slipped on ice on a ship berth which had not been properly gritted;
  • Representing a lady who was injured when a broken rubbish chute lid fell on her foot in a council building block;
  • Representing a local council in a claim by a tenant who allegedly fell on a broken paving slab;
  • Representing a haulage company in a claim by a purchaser who was injured when a pallet of firewood fell on top of him;
  • Representing a well-known high-street store in a claim by a shopper was injured when a large frying pan fell on her foot;

Clinical Negligence

Matthew has quickly developed a strong clinical negligence practice, acting for both claimants and defendants. He is regularly instructed by NHS Resolution and medical defence organisations.

He is instructed as sole counsel in matters proceeding in the High Court, as well as the County Court, and is comfortable leading conferences with claimants, witnesses and experts and attending settlement meetings and mediations.

He accepts instructions on a CFA basis.

Selected Cases

Obstetrics and gynaecology:

  • Alleged failure to arrange a CT urogram following a laparoscopic assisted vaginal hysterectomy (LAVH) and ovarian cyst removal which would have led to the earlier identification and treatment of a pelvic abscess;
  • Allegedly causing and failing to identify and repair a vesicovaginal fistula during a total laparoscopic hysterectomy (TLH) and bilateral salpingo-oophorectomy (BSO);
  • Allegedly causing and failing to identify and repair a ureteric obstruction injury during and after a lower segment caesarean section (LSCS);
  • Alleged failure to identify and repair an obstetric anal sphincter injury (OASIS) during instrumental delivery and a major post-partum haemorrhage (PPH);
  • Alleged failure to obtain informed consent for a vaginal hysterectomy, or to offer fibroid shrinkage treatment beforehand, which resulted in internal bleeding;

During pupillage, Matthew assisted Farrah Mauladad successfully defending an NHS Trust in the High Court in a shoulder dystocia claim valued at over £1 million – the judgment is reported here.

Orthopaedics:

  • Alleged failure to advise in relation to soft tissue reconstruction of the central slip at the proximal interphalangeal (PIP) joint of the right middle finger.
  • Alleged failure to arrange for blood tests following a left total knee replacement (LTKR) which would have led to the earlier identification and treatment of acute kidney injury (AKI);
  • Alleged negligent stretching of the peroneal nerve during a left total knee replacement;
  • Alleged negligent damage to blood vessels during a PIP and DIP fusion of the left toes;
  • Alleged wrongful discharge of a patient with a critically ischaemic right foot;

Radiology:

  • Alleged failure to identify a lesion on the claimant’s right lung which then progressed to Stage 4 cancer;
  • Alleged failure to identify stenosis within the claimant’s arteries and / or collateralisation of the arteries which led to the claimant dying from undiagnosed chronic mesenteric ischaemia;

Emergency Medicine:

  • Alleged failure to appropriately clean and close an elbow wound following a road traffic accident;
  • Alleged failure to admit the claimant for a critically ischaemic foot and treat with anticoagulation pending an angiogram;
  • Alleged failure to properly monitor a patient with falling haemoglobin levels who subsequently entered cardiac arrest and died;

Nursing Care:

  • Alleged negligent removal of a urethral catheter (by failing to deflate the balloon) causing a traumatic penile injury;
  • Alleged failure to obtain advice from a Tissue Viability Nurse (TVN) request a GP visit or call 999 where a patient’s pressure sores had deteriorated;

GP Care:

  • Alleged failure by a GP to diagnose Bowen’s disease or make a referral to a dermatologist;
  • Alleged failure by a Healthcare Assistant (HCA) to refer a patient with herpes simplex encephalitis (HSE) to a GP for further review;

Dental Care:

  • Alleged failure of two prison doctors to identify and treat a prisoner’s periodontal disease;
  • Alleged failure to advise and negligent removal of UL6 causing the palatal root to be pushed into the maxillary sinus and damage to UL7;

Inquests & Public Inquiries

Matthew is currently instructed by the Commissioner of the Metropolitan Police Service in the Undercover Policing Inquiry, assisting with the preparation of evidence on undercover deployments between 1983 and 1992.

He also has experience of civil claims against the police.

Matthew regularly represents both families and other interested persons (including, for example, NHS Trusts and care homes) at inquests. He also advises on civil proceedings arising out of inquests. He is well-placed to receive instructions relating to deaths arising from Covid-19.

Selected Cases

  • Representing the family of an elderly patient who died from a traumatic penile injury suffered when his indwelling catheter was accidentally pulled when his hospital bed was moved;
  • Representing an NHS Trust where a young boy with autism and Prader Willi syndrome (PWS) died after falling off a cliff during the first national lockdown due to Covid-19;
  • Representing an NHS Trust where a six-month-old baby died shortly after attending A&E due to undiagnosed dilated cardiomyopathy (DCM);
  • Representing two NHS Trusts where a middle-aged man died from a pulmonary embolism (PE) following a very unusual presentation of deep vein thrombosis (DVT) with no swelling around the calf;
  • Representing a care home where a resident died due to a fall following a dispensing error by the pharmacy supplying the care home;
  • Representing the driver of a car where an elderly lady died after being run over by a lorry which proceeded across a pelican crossing in the adjacent lane;

Industrial Disease

Matthew has experience of industrial disease litigation, in particular noise induced hearing loss (NIHL) claims. He is familiar with the Lutman, Coles and Buffin (LCB) Guidelines 2015 and Coles, Lutman, Buffin (CLB) Guidelines 2000, as well as the work of Professor Moore in respect of military NIHL (M-NIHL) claims.

Selected Cases

  • Matthew is currently instructed in numerous M-NIHL claims against the Ministry of Defence.

Product Liability

Matthew has experience of claims arising out of defective products, including medical devices.

During his training contract Matthew worked on the Metal-On-Metal hip group litigation where he was part of the legal team representing a medical device manufacturer in a multi-party action brought by hundreds of individual claimants.

During pupillage, Matthew worked on product liability cases involving a range of products from horse bits to cleaning solutions. He also assisted David Myhill and Alexander Antelme QC in a claim relating to a radiological contrast medium, Myodil, which allegedly caused significant injuries decades after its use.

Professional Liability

Matthew has experience of professional disciplinary and regulatory law, in particular representing healthcare professionals. During pupillage, he assisted Farrah Mauladad in representing a psychologist before the Health and Care Professions Council (HCPC) in Northern Ireland.

He is able to draw on his extensive clinical negligence practice and welcomes instructions from individuals and regulators in proceedings before the major regulators, including the General Medical Council, the Nursing and Midwifery Council, the General Dental Council, and the HCPC.

Health & Safety

Matthew is developing a health & safety, criminal regulatory and environmental law practice. He is gaining experience of representing defendants in prosecutions brought by the Health and Safety Executive and the Environment Agency.

Commercial

Matthew undertakes commercial and property damage cases, with a particular focus on those involving incidents of theft or fraud (including cybercrime and ‘invoice hijacking’ cases).

Selected Cases

  • Representing a wool and fabric shop in a claim against a sandblasting company that carried out a ‘cash in hand’ job next door which caused dust and grit ingress into the property (but then denied having carried out the work);
  • Representing a commercial tenant in a claim against a building security company following a burglary in which a number of laptops were stolen;
  • Representing a security contractor in claim by a haulage company following the theft of a trailer full of luxury handbags from its depot;
  • Representing the managing agent of a building in a claim by a tenant whose cheque (intended to make payment of the service charge) was intercepted and cashed by fraudsters;
  • Representing a building contractor in a claim by a sub-contractor for non-payment where the contractor had paid a fake invoice issued by fraudsters who had hacked the sub-contractor’s email account;
  • Representing a Hindu temple in a claim by a devotee who was unable to attend the temple and receive food from the priests (following prayers / offerings made to her ancestors) due to Covid-19 restrictions;

Awards


  • Maxwell Law Prize (2014) – top graduating law student
  • JD & Elizabeth Marsden Prize (2014) – outstanding academic and extracurricular achievement
  • Clyde & Co Prize in EU/EC Trade Law (2012) – best performing student in EU law

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Qualifications


  • Bar Transfer Test, BPP Law School (2018)
  • Legal Practice Course, BPP Law School (2015), Distinction
  • LLB (Hons) Law with American Law, University of Nottingham (2010 – 2014), First Class with Distinction in American Law (top graduating student)

Memberships


  • PIBA
  • BHRC

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