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Secondary victim claims after the Supreme Court decision in Paul

Run Time
34 Minutes
Learning Method
On-Demand Training
Practice Area
Personal Injury and Clinical Negligence
Available Until
05/06/2026

Price £130.00

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Description

In this webinar, Charles Bagot KC and Vanessa McKinlay from Gatehouse Chambers discuss secondary victim claims after the Supreme Court decision in Paul. They cover the following:

  • Where had the principles reached before the case of Paul?
  • What did the Supreme Court have to say about the Court of Appeal's findings?
  • What has the Supreme Court decided about secondary victim claims arising out of clinical negligence?
  • Where will this decision apply?
  • How did the Supreme Court reach their decision?
  • What did the Court have to say about the ‘control mechanisms’?
  • Shift away from requiring a horrifying event and objective threshold test of ‘sudden shock’?
    • How significant is it?
  • What did the court have to say about the concept of ‘immediate aftermath’ in previous cases?
  • Has Paul departed from or altered the significance of any of the key House of Lords cases?
  • Which cases have survived the scrutiny of the Supreme Court in Paul?
  • Does this spell the end of secondary victim claims in the clinical negligence sphere entirely?

For a preview, click the video link below:

This webinar has been accredited by APIL Training for 2 hours personal injury CPD.


Viewing this webinar can help solicitors and other legal and tax professionals meet the training requirements set out by their regulators. For further details on these requirements please visit our continuing education page.

Literature

Speakers

Vanessa McKinlay

Barrister and Mediator

Gatehouse Chambers

Vanessa is a very experienced clinical negligence barrister whose expertise covers areas such as surgical negligence, delayed diagnosis of cancer, obstetric and midwifery care, delayed treatment of sepsis, pharmaceutical negligence, cardiac treatment and the treatment of renal conditions.

She also specialises in representing parties at inquests.

Having worked as a Senior Physiotherapist in the NHS before being called to the Bar in 2000, Vanessa brings a strong medical knowledge to her practice enabling her to handle authoritatively the most complex medical issues.  She is known for her ability to distil the essential elements of a particular case and give practical advice in understandable terms.  A robust and clever negotiator, clients value her kind and thoughtful approach to difficult and sensitive issues.

Vanessa is also a trained mediator.
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Charles Bagot KC

Barrister

Gatehouse Chambers

For more than a dozen years, Charles has been recommended in the legal directories as a leading practitioner. He won Personal Injury Silk of the Year at the 2023 Legal 500 Bar Awards (and was nominated for the same award at the 2023 Chambers & Partners UK Bar Awards). He took silk in 2018 and is a specialist barrister in the fields of personal injury, clinical negligence, civil procedure and related insurance issues. He sits part-time as a Deputy High Court Judge, a Recorder (Crime & Civil) and as a Deputy King's Bench Master. He was successful in the election to be Chair of the Personal Injuries Bar Association, for a two year term from April 2022. He is a governing Bencher of the Inner Temple. He is on the Editorial Boards of Kemp & Kemp: the Quantum of Damages and also the Personal Injuries and Quantum Reports.

Charles’ practice is in acting for Claimants and Defendants in complex and high value injury and clinical negligence claims as well as having a particular specialism in secondary victim litigation and fatal accident claims.

He also has a niche practice in procedural law, having led on appeals in the Court of Appeal and Privy Council arising out of procedural points in his specialist fields and civil litigation generally, both domestic claims and appeals from overseas jurisdictions.

He has advised major insurers in various high value cases being litigated in the Cayman Islands, Bermuda, the Bahamas and Gibraltar respectively. He has acted as an expert witness on English law in foreign jurisdictions.

He is sought after by insurers for cases where fraud and exaggeration are suspected in high value injury and clinical negligence claims.

Charles also advises insurers on coverage and policy interpretation issues arising in his specialist fields.
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