Tag Archives: Chambers

Chambers & Partners UK Guide to Solicitors 2020 – Top Middlesbrough Clinical Negligence Firm

We are delighted to announce that Armstrong Foulkes LLP has once again been recognised in the “Chambers & Partners 2020 Guide to Solicitors” for its expertise in Clinical Negligence in Middlesbrough & surrounding area. Chambers & Partners annually research in detail legal firms and the solicitors who work there. They take the views of the firm’s clients and also of barristers who work with them. They then provide rankings/recommendations for firms in each legal and then geographical area. We are proud to have been ranked in this directory as the only Band 1 firm for Clinical Negligence in Teesside.

We are described as a “Stellar boutique firm with outstanding expertise in clinical negligence claims. Represents clients on a wide range of matters, including child brain injury, surgical negligence and delayed diagnosis cases. Further capabilities handling claims concerning neonatal injuries due to negligent care, as well as secondary victim claims.”

All 4 Partners also achieved impressive individual rankings as experts in this area of Law, Hilton Armstrong, Band 1, is praised by a client who asserts “He kept me well informed and provided good advice throughout.”. Joanne Davies “is very experienced and effective, with good judgement,” and Ashleigh Holt “is tenacious, good with clients and very perceptive”, both achieved again a Band 2 ranking. Kathryn Watson is, as suggested in this guide, indeed “one to watch” who according to a client “listens to everything I say and fights for my case.”

Our profile can be found at https://chambers.com/department/armstrong-foulkes-llp-clinical-negligence-mainly-claimant-uk-1:140:16346:1:162233

We are delighted and proud to be recognised again for the dedication and expertise shown by each and every one of our solicitors and would like to thank any past and current clients as well as barristers who have taken the time to speak to Chambers & Partners researchers on our behalf.

Joanne Davies – November 2019

Favourable changes in claims for surrogacy

As a firm we have previously acted for clients who have lost the ability to conceive and carry a child naturally as a result of medical negligence.  Until very recently our hands have been tied as to what our clients could claim for.  We have been able to recover as compensation the costs of IVF treatment and in some cases for our clients to engage a surrogate in the UK to carry a child on their behalf and the expenses associated with this but there are strict limits which reflect the current law in the UK which in turn have meant a limit on compensation levels.

Despite surrogacy becoming increasingly popular and accepted, the law in the UK has not quite kept up with this so while surrogacy is legal, it is also restricted, particularly when compared to the laws in other countries such as the USA.  Notably:

  1. In the UK no one can profit from surrogacy.  Therefore the surrogate can only claim her expenses.
  2. In the UK, once the child is born, the surrogate is regarded as the legal mother.  This is even the case where the surrogate has carried someone else’s biological child.  A court order is required to give the intended parents the correct legal status and it is possible for the birth mother to refuse to part with the child.
  3. In the UK, the surrogate will chose the parent/parents she wants to assist.  This is often done at “parties” which can be intimidating and frightening for couples who have already been dealt a vicious blow.

In the recent case of XX and Whittington Hospital NHS Trust (2017) EWHC 2318 QB, a High Court Judge held that XX’s claim for the expenses of using a surrogate in California where commercial surrogacy is widely accepted and legal were not recoverable because commercial arrangements in the UK were illegal and it was against public policy.  He therefore limited XX’s claim to using her own egg’s and a surrogate in the UK and the associated costs of that.  The total compensation he allowed for this was £74,000 which was intend to produce two children.

Despite the damning judgement, the Judge did suggest that the Supreme Court which is the final court of appeal in the UK may see things differently.  XX was therefore allowed to appeal this decision and the matter was heard at the Court of Appeal in November 2018.  The outcome was that her appeal was successful and it was held that she should not be barred from recovering reasonable compensation for her loss which would include the costs or entering into a lawful commercial surrogacy contract in California.  She would not be breaking any laws.

This is an exciting development in this area of the law.  Claimants from the UK who need to engage a surrogate can now claim the costs entering into a contract with a surrogate in the USA who essentially carries and gives birth to other people’s children for a living.  Claimant’s will now no longer be restricted to having to use their own eggs but will be able to use donor eggs from a surrogate of their choice or another donor and they will be able to return to the UK with the child legally theirs.

The obvious downside to this in terms of the “public purse” is the difference in cost.  In the USA, to produce two live births via a surrogate the associated costs will run into perhaps hundreds of thousands but to someone who has been told they will not be able to have a child, no amount of compensation can restore them to how they would have been but for the negligence.

If you have been affected by infertility as a result of failed or unacceptable medical treatment, please contact us to discuss this further.

Ashleigh Holt – January 2019

Another excellent rating for the Firm – Band 1 in Chambers & Partners!

I am delighted to announce that following on from our Tier 1 rating in Legal 500 (see article 01/11/2017) we have been again awarded the highest rating (Band 1) for excellence in clinical negligence work in the Teesside area. This rating is given by a prestigious guide to UK Lawyers entitled “Chambers & Partners” where we are described as a “Specialist boutique with a superb reputation for handling complex clinical negligence claims”. These ratings are reviewed annually and based on interviews with our clients and barristers with whom we work and the feedback they give on our solicitors and the firm in general.

Our 3 partners were singled out for praise for their work, Hilton Armstrong is described as “very friendly, very approachable; he’s lovely to deal with”, Joanne Davies (neé Dennison) is “very reliable, very bright and always gives me the information I need” and Ashleigh Holt is praised for the way she handles a range of complex clinical negligence matters.

One client stated “They have made it very easy for me, and have taken a lot of stress away”. This alone makes us feel we are doing our job well as our priority is always our clients and ensuring that what can be a difficult experience is as stress free as possible. We are, however, equally proud when recognised for the hard work we do on our clients’ behalf and this ranking is a reflection of the dedication of the entire team from our admin staff to the Partners. If you would like any information on this please do not hesitate to contact us or read the review for yourself using the link below.

https://www.chambersandpartners.com/16346/140/editorial/1/1

Joanne Davies (neé Dennison) – March 2018

Fixing the amount of Costs in Clinical Negligence Claims

Our solicitors and indeed the profession have awaited with some dread Lord Justice Jackson’s review of costs in civil matters which includes clinical negligence claims. It was suggested that there should be a fixed amount of costs allowed for claims up to a certain value, whether it is a contract dispute, a neighbour dispute or a complex clinical negligence claim. This was worrying because this took no account of the very individual nature of clinical negligence claims, where each claim, like each person is very different. Two people could, for example, have suffered the same mistake or be misdiagnosed with the same condition but the reasons for this, the investigation and the effect on them can be completely different needing an individual approach to each claim. It was always our view that a “one size fits all” system would only lead to people being denied the thorough investigation they deserve.

The costs paid by the defendant that the media and the NHS repeatedly complain are too high and who portray solicitors as “bleeding the NHS dry” are not a “windfall” for solicitors as has been claimed. They include the costs of multiple medical experts whose involvement can in large value cases cost tens of thousands of pounds and the fees for specialist barristers to advise on the case and represent the Claimant at Court. Cases proceeding to Trial involve solicitors’ costs for work over generally 3-6 years, some even longer. Limiting costs available to pursue a claim can, in our opinion, only result eventually in being unable to properly investigate a claim. Being denied the opportunity to fully investigate and subsequently being denied justice could result in the loss of the much needed compensation that allows those injured to live with the effects of the negligence and improve their life.

Lord Justice Jackson’s review, published in July, has recommended many changes and has thankfully rejected a “one size fits all” system. However the most significant proposal for the work we do is to suggest limiting the level of costs for Clinical Negligence work in cases with a value of up to £25,000. At each stage in the case there will be a fixed amount of costs available. This is not ideal and will include cases which are very complex and emotional to investigate but lower in value such as errors causing the deaths of children. It remains to be seen how or when this process will be finalised and there is a lot more work to be done before then but it is clear there will be implementation in the future of a fixed amount of costs to some clinical negligence cases.

Here at Armstrong Foulkes our solicitors are always available to discuss a potential case and advise you of your options irrespective of the value or level of injury. Please do not hesitate to contact us for a free no-obligation chat on 01642 231110.

Joanne Davies – September 2017

Why choose a specialist?

If you are looking for a Solicitor to handle your medical claim, then you will probably do the following:

  1. Search the internet.
  2. See an advert in your local paper or on TV.
  3. Listen to a friend, relation or colleague.
  4. Contact your family Solicitor.

Nowadays, lots of Solicitors are doing Clinical Negligence work but that does not mean they are specialists.  They are turning their hand to it because they are short of work.  Their adverts are very good and they will promise you the world: e.g. “we expect to settle your claim within 6 to 12 months” or “we have successfully recovered compensation for thousands of injured people” and so on.  This is all rubbish.

So, why should you go to a specialist like us?  There is only one reason:

Would you be happy if a Neurosurgeon was going to remove your appendix, or if an Orthopaedic Surgeon operated on your brain?  Both are very competent in their own field but you would be a fool to trust them if they strayed out of their area of expertise – so why do it with your medical claim?

We only deal with medical claims for injured people on Teesside and in the North East.  We have years of experience which enable us to get you the best result for you, both in terms of compensation and answers.

We have national recognition and are listed in Chambers and The Legal 500:

Ring us today at 01642 231110 and we will tell you if you have a claim worth pursuing.  You will speak to an experienced Solicitor who will give you straightforward answers.

Hilton Armstrong – February 2017

STOP THE PRESS AGAIN: CHAMBERS & PARTNERS RECOMMENDATION

Following on from our previous article about the firm’s being shortlisted in the Legal 500 Awards and recommended as a Legal 500 Top Tier Clinical Negligence Firm in the North of England we have received further good news. We are pleased to announce that we have received further praise from another independent guide to law firms in the United Kingdom.

The “Chambers & Partners” Guide to the best lawyers in the UK is released annually. We have been included in recent years and recommended as a Top Ranked and Leading Firm in Clinical Negligence work in the North East. Again, you may have seen this logo on the home page of our website.

We are delighted to share with you news that we have been included once again in the “Chambers & Partners 2014” hardback and online directory. The firm is recognised as a Band 1 firm (top ranked) in the North East Clinical Negligence Section and the only Band 1 (top ranked) firm to be recommended for this type of law in Middlesbrough & the surrounding areas. We were also pleased to see that two of our partners, Hilton Armstrong and Ashleigh Holt received personal recommendations for their service to clients.

The feedback included in the guide from our clients and barristers with whom we have worked is:

One of the most efficient firms in the country and the best clinical negligence firm in Middlesbrough.”

“I was very impressed and I would use them again. They got the maximum settlement I would have hoped for.”

As a firm we chose some time ago to specialise in only clinical negligence work to ensure that we could give 100% of our time to this work in order to maximise our expertise and offer the best possible service. We are always delighted when this is recognised by our clients or others with whom we work and it drives us to continue to offer the best possible service to you.

If you would like any further information please do not hesitate to contact us or to view the recommendation on the link below:

http://www.chambersandpartners.com/11816/140/editorial/1/1#RankedFirms_Tab

Joanne Dennison – November 2014