Brent McDonald

Year of call 2000

CClerk

Jack Wheeler
020 7269 0337 Email Jack

Brent practices solely in personal injury and clinical negligence. He usually appears in claims involving fatal, catastrophic or serious injury both at first instance and on appeal.

He also undertakes a significant amount of work arising out of the Jackson reforms (3.9 applications, cost budgeting etc) and advises in claims which involve personal injury and bankruptcy:

“Brent McDonald is a personal injury specialist who receives frequent instructions from both claimants and defendants. He recently represented an Imam who was attacked and blinded at the Regent´s Park Mosque in a high-profile and much-publicised case.” (Personal Injury, Chambers and Partners 2013)

“...rising star Brent McDonald continues to act on severe injury and fatal accident cases in the UK and abroad. He is very popular.” (Personal Injury, Chambers and Partners 2012)

“…is felt to have a bright future ahead” of him. He is “a rising star” who “has established a strong practice acting for claimants and defendants on catastrophic injury cases and fatal accident claims.” (Chambers & Partners 2011: Personal Injury, London Bar).

“'tenacious all-rounder' Brent McDonald has won his place in the directory for the first time this year on the back of a swathe of positive feedback from the Bar and solicitors alike.” (Chambers & Partners 2010: Personal Injury, London Bar)


Brent is cited by the Legal 500 as a barrister who is "'coming through the ranks' and 'attracting the eye with his attentive case preparation, first-class advocacy skills and excellent success-rate at trial'" (Legal 500 2007; Personal Injury, London Bar) and "has consistently shown star quality" (Legal 500 2008; Personal Injury, London Bar).

Brent's practice is focused on clinical negligence and personal injury, including inquests and inquiries. It covers claims involving misdispensing, assault, surgical errors, employer's liability, public liability, local authority, road traffic accidents and occupiers' liability as well as CRU appeals and detailed assessments.

Reported cases include Ireland v David Lloyd Leisure Ltd [2013] EWCA Civ 665, Wilkin-Shaw v Fuller [2013] EWCA Civ 410, [2013] E.L.R. 400, Hufton v Somerset County Council [2011] EWCA Civ 789, [2011] E.L.R. 482 and Batey v. Jewson & Anor [2008] EWCA Civ 18, [2008] All E.R. (D) 226 (Jan), in which Mummery LJ said:
 

At short notice [Mr McDonald] produced an excellent skeleton argument and made valuable oral submissions. His generous gift of his professional time and considerable skill was beneficial both to the client and this court.

 

Brent was called to the Bar of Trinidad and Tobago in 2015.

A tenant at 2 Temple Gardens for the first 10 years of his practice, Brent moved to Old Square in 2010. He maintains a fairly even balance between Claimant and Defendant work.


Brent’s practice is evenly split between Claimant and Defendant work. He is instructed by a wide range of firms in claims involving more serious, catastrophic or fatal injuries (with or without a leader). He appears at Inquests for a variety of interested persons.

As well as relishing trial work, Brent undertakes a considerable amount of interlocutory work, often involving hearings arising out of the Jackson reforms (relief from sanction applications, costs budgeting etc.) Brent also appears in costs assessments in the SCCO and County Courts.


Current or recent cases for Claimants include:

  • At any time acting in a number of claims for families bereaved following road traffic accidents or accidents at work for members of the family. Assisting them to quantify damages for the loss of financial and service dependency (including wide experience of calculating complex pension loss claims). Most claims will be worth at least six figures.
  • Acted for Sheikh El Salamouny, a Senior Imam who was blinded by keys and fingers being inserted into his eyes during a sustained, vicious and unprovoked attack by a psychopath at the Regent’s Park Mosque in August 2007. A claim against the Mosque was successfully settled following mediation at the Qatar Embassy.
  • Acted, through the Official Solicitor, on behalf of a young girl seriously injured at 12 years old in a RTA whilst in Portugal. The Claimant was catapulted from the back seat through the windscreen and flung from the vehicle. The claim involves complex injuries of the utmost severity, including: very severe brain injuries; effective immobility; limited preserved function in her left hand and arm; very limited speech; visual impairment and patchy cognitive impairment; significant emotional and behavioural difficulties; in addition to the consequences of retaining insight into the extent and cause of her injuries.
  • Acted on behalf of a pedestrian struck whilst crossing the road causing catastrophic injuries leading to a severe and significant traumatic brain injury, probably a severe diffuse axonal injury.
  • Acting for a woman seriously assaulted by a police officer, attracting international media attention (CNN, BBC, Sky etc) when the assault was captured on CCTV. All charges against the woman were subsequently dropped and a claim for damages was successfully settled.
  • Acted in a number of claims involving assaults in nightclubs, causing injuries ranging from blindness and psychiatric injury to permanent brain injuries.
  • Acting on behalf of the family of a 25-year old woman killed when cows escaped from an inadequately secured field at Montecute House, Somerset. Following a 5-day inquest, taking place over several years, in which Brent acted for the family, a claim against the police for breach of the Deceased's right to life under Art. 2 of the ECHR, in addition to claims against the National Trust and Tenant Farmer, successfully settled.
  • Acted on behalf of a bereaved mother whose teenage daughter was killed whilst on a school outing on Dartmoor at first instance and the Court of Appeal.  The claim attracted significant media attention and was heard by Owen J at the RCJ in May 2012. See Wilkin-Shaw v Fuller [2013] EWCA Civ 410, [2013] E.L.R. 400
  • Acting for Claimant in a substantial Employer's Liability claim arising out of injury to a skipper struck by metal bar whilst at sea. Brent advised and drafted on quantum issues, having been brought in to assist leading counsel. The claim settled prior to trial.
  • Acting for a school girl both below and before the Court of Appeal in relation to a school’s failure to clean up a wet floor whilst allowing children to use a fire door on a floor known to be slippery when wet. Now reported as Hufton v Somerset CC [2011] EWCA 789, [2011] ELR 482.
  • Acting for a Claimant who sustained a spinal fracture in a serious road traffic accident. The injury brought a premature end to her career as a supermodel. Detailed evidence as to the future career path of persons in a niche profession was required. The claim settled for a six-figure sum.


Current or recent cases for Defendants include:

  • Acting for the Defendant in a claim valued in excess of £1.25 million arising out of a road traffic accident, as a result of which the Claimant seeks damages for a serious and permanent cognitive disorder, as well as internal and orthopaedic injuries.
  • Acting on behalf of a national good carrier when bottles weighing over half a tonne were being delivered by truck to a vineyard in Cornwall. The bottles were pushed off the rear of a flatbed lorry, striking and killing the owner of the vineyard who was standing below when the driver lost control of the pallet truck. Claim settled at JSM.
  • Acting on behalf of an employer whose employee was struck by the jib of a crane at a building site. The job struck the employee in the back killing him instantly when the crane tipped over whilst attempting to move a load beyond its capacity. The employee died instantly as a result.
  • Regularly appearing on behalf of insurers of taxi drivers involved in road traffic accidents leading to serious/catastrophic injuries by other drivers/pedestrians. Particularly involved where complex disputes arise over quantum.
  • Acting on behalf of a Local Authority who were blamed by the Claimant for the death of her daughter who was killed when the car she was travelling in was struck by a falling tree branch weighing in excess of one tonne. The Local Authority had previously inspected the tree and noted the need for further investigation but failed to pass this information on to the landowner. The claim was discontinued on the second day of the trial during cross-examination of the Claimant’s expert arboriculturalist.Acting for a Defendant in an appeal to the Court of Appeal (in place of trial counsel from Crown Office Row instructed below) in a claim for damages for use of gym equipment leading to amputation injury. Now reported as Ireland v David Lloyd Leisure Ltd [2013] EWCA Civ 665
  • Defending a highway authority in respect of an alleged breach of section 41 of the Highways Act 1980. The claim had a high value as the Claimant's injuries led to requiring a double below-knee amputation. The claim was dismissed on the basis of causation, section 58 and inevitable accident defences ran at trial.
  • Acting for a road traffic insurer meeting a claim valued in excess of £700k arising out of an accident in which a pedestrian, who stepped off the kerb, was struck. Complex medical evidence as to both injuries to the senses and ongoing cognitive and physical impairment and detailed quantum calculations. The claim settled at JSM prior to trial.
  • Defending a national brewery against claims that it was liable for the actions of a door supervisor alleged to have assaulted a customer. Claim against the brewery settled prior to trial when a co-Defendant provided a full indemnity and paid costs.
  • Defending a high value claim by a lawyer against the owner and driver of a 260 HP motor speed cruiser called 'Nautigirl'. It is alleged that the Claimant sustained serious spinal injury as a result of the vessel hitting an object or bow wave in the water. The case concerned the proper management of vessels in the Solent and lighting on the vessel. The claim for breach of contract against the insurer brought by the owner was settled with the insurer paying the Defendant’s costs and taking over the claim, with the claim by the claimant subsequently dismissed entirely.


Bankruptcy

Brent has built up a niche practice dealing with personal injury claims where the Claimant has been or is about to be made bankrupt. He has provided advice to solicitors and to the Official Receiver in claims where the Claimant was made bankrupt both before and after proceedings were commenced. Articles on this subject written by Brent have appeared in the Solicitors Journal and Personal Injury Law Journal.

Fraud

Brent has dealt with many claims where fraud, exaggeration or malingering has been alleged against Claimants from all backgrounds. Brent is instructed in LVI claims, and has cross-examined experts on issues of delta vee and the transmission of forces to occupants of vehicles.

Much of his work includes consideration of covert surveillance evidence taken both before and after trial, which Brent has written about in the New Law Journal. Brent has also acted in claims where the use of social media and information gathered from the internet has had a significant effect on the outcome of the trial.

Brent undertakes claims where committal for contempt is sought by insurers and where the recovery of sums paid by way of CRU is sought following evidence of fraud or exaggeration.

Memberships

  • Western Circuit
  • Personal Injury Bar Association
  • London Common Law and Commercial Bar Association

Brent has dealt with cases involving clinical negligence from the outset of his practice at 2 Temple Gardens, being trained and then led by silks such as Benjamin Browne QC, Michael De Navarro QC and Graham Eklund QC. He has recently been led by Dr Michael Powers QC.

He is regularly instructed by the NHSLA as well as Claimants and has wide experience in robustly cross-examining experts in all medical fields.

Brent is a contributing author to the upcoming 5th Edition of ‘Clinical Negligence’. 

Current or recent cases:

  • Representing a patient suing his GP’s practice for failure to admit to hospital sooner, thereby leading to the need for a total colectomy, splenectomy and end ileostomy. Claim successfully settled at a JSM.  
  • Acting for a Claimant suing for the negligent treatment of her mother, a 72 year-old woman who died to bacterial endocarditis which arose as a complication of septicaemia caused by pressure sores.
  • Representing a dental patient whose cheek had been drilled through during a filling by dentist, leading to psychiatric injury. Liability initially denied on the basis that patient had caused the accident by excessive flinching during treatment. Claim settled after exchange of expert evidence.
  • Acting for a Trust in circumstances where a patient immolated himself after being allowed to smoke, allegedly without proper supervision. After an exchange of correspondence and following cross-examination at the inquest, (which did not return a verdict of neglect despite being pressed for by the family) no civil claim was brought.
  • Acting for a contracted provider of transport to patients suffering from Parkinsonian symotoms.  A patient fell and died later in hospital whilst in their care, leading to 4 day trial. Issues as to causation of the fall and loss arose. Brought a successful claim for contribution against the local authority.
  • Acting for the NHSLA in a claim involving patients contracting fatal dose of Legionnaires' Disease whilst in hospital following faulty installation of central heating systems. Claim involved analysis of clinical hygiene procedures, water temperature and cross infection.
  • Representing insurers acting for a chemist who had prescribed the wrong medication leading to the onset of Parkinsonian symptoms and alleged severe psychiatric reaction to their development.
  • Representing the family of an elderly patient at an inquest in the West Country where the family suspected that neglect may have contributed to the death of their mother whilst in hospital.

Throughout his practice Brent has regularly appeared in Inquests, both before Coroners sitting alone and Juries, on behalf of a range of interested parties including families, insurers or those facing proceedings brought against them personally. 

Brent has a reputation for handling fatal accident claims, as recognised by Chambers and Partners, which form a major part of his practice, so is well placed to give advice on any civil claims which may arise.

Subjects considered in inquests in which Brent has been involved include:

  • Numerous road traffic accidents involving such diverse matters as the escape of cows onto unlit A-roads, drunk and/or reckless driving, sleep deprivation, automatism, illegal racing, or simple misfortune.
  • Carbon monoxide poisoning caused by a blocked flue.
  • Young child whose head became trapped in the excessive gap between brick pillar and electric-powered self-closing gate.
  • Delivery of wine bottles at vineyard on a pallet, striking owner when delivery driver lost control when pushing bottles to rear of lorry.
  • Collapse of a crane at a building site leading to jib striking employee standing on scaffolding.
  • Forklift truck was driven into inspection pit and collapsed onto an unrestrained driver.
  • Electrocution of an employee working at a substation in central London.
  • Road traffic collision involving a 14 year old fleeing police pursuit whilst on the back of a motorcycle.
  • Mayor of a Cornish town repeatedly run over by delivery lorry when attempting to reverse down a narrow lane.
  • Failure to care for elderly patient admitted to hospital following clinical failings in general practice.
  • Partially incapacitated patient allowed to smoke within controlled environment leading to self-immolation.
  • Acting on behalf of the family of a 25-year old woman killed when cows escaped from an inadequately secured field at Montecute House, Somerset. Following a 5-day inquest, taking place over several years, in which Brent acted for the family, a claim against the police for breach of the Deceased's right to life under Art. 2 of the ECHR, in addition to claims against the National Trust and Tenant Farmer, successfully settled.
  • Ireland v. David Lloyd Leisure Ltd

    The court upheld a finding that a gym owner was liable, subject to a 25 per cent deduction for contributory negligence, for an injury sustained by one of its members....

  • Wilkin-Shaw v. Fuller

    The appellant failed to show that the death of her daughter while on a school trip on Dartmoor was the result of the negligence of a teacher who had lost...

  • Maddison Hufton v. Somerset County Council

    A school which operated a policy of preventing pupils from entering the premises directly into the school hall on rainy days by erecting wet weather signs as soon as it...

  • Barry Batey v. Jewson Limited & Anor

    Taking into account the background evidence a judge had erred in ruling that an assignment between a company and a shareholder had been for the proceeds of the company's claim...

  • Tahira Ashraf v. Devon County Council

    A judgment that had been entered in favour of a party was set aside where that party had been approbating on a settlement in respect of liability and reprobating on...

  • Louise Ramage v. BHS Limited

    A district judge was entitled to order that a claimant in a personal injuries claim had to disclose the first instructed expert's medical report before she could rely on a...

  • See all cases

     

pAwards

2016 L500 Leading Individual L500 2015 leading individual Ranked in Chambers & Partners 2014 Legal 500 Top Ranked Barrister 2014 Ranked in Legal 500 2013

Brent practices solely in personal injury and clinical negligence. He usually appears in claims involving fatal, catastrophic or serious injury both at first instance and on appeal.

He also undertakes a significant amount of work arising out of the Jackson reforms (3.9 applications, cost budgeting etc) and advises in claims which involve personal injury and bankruptcy:

“Brent McDonald is a personal injury specialist who receives frequent instructions from both claimants and defendants. He recently represented an Imam who was attacked and blinded at the Regent´s Park Mosque in a high-profile and much-publicised case.” (Personal Injury, Chambers and Partners 2013)

“...rising star Brent McDonald continues to act on severe injury and fatal accident cases in the UK and abroad. He is very popular.” (Personal Injury, Chambers and Partners 2012)

“…is felt to have a bright future ahead” of him. He is “a rising star” who “has established a strong practice acting for claimants and defendants on catastrophic injury cases and fatal accident claims.” (Chambers & Partners 2011: Personal Injury, London Bar).

“'tenacious all-rounder' Brent McDonald has won his place in the directory for the first time this year on the back of a swathe of positive feedback from the Bar and solicitors alike.” (Chambers & Partners 2010: Personal Injury, London Bar)


Brent is cited by the Legal 500 as a barrister who is "'coming through the ranks' and 'attracting the eye with his attentive case preparation, first-class advocacy skills and excellent success-rate at trial'" (Legal 500 2007; Personal Injury, London Bar) and "has consistently shown star quality" (Legal 500 2008; Personal Injury, London Bar).

Brent's practice is focused on clinical negligence and personal injury, including inquests and inquiries. It covers claims involving misdispensing, assault, surgical errors, employer's liability, public liability, local authority, road traffic accidents and occupiers' liability as well as CRU appeals and detailed assessments.

Reported cases include Ireland v David Lloyd Leisure Ltd [2013] EWCA Civ 665, Wilkin-Shaw v Fuller [2013] EWCA Civ 410, [2013] E.L.R. 400, Hufton v Somerset County Council [2011] EWCA Civ 789, [2011] E.L.R. 482 and Batey v. Jewson & Anor [2008] EWCA Civ 18, [2008] All E.R. (D) 226 (Jan), in which Mummery LJ said:
 

At short notice [Mr McDonald] produced an excellent skeleton argument and made valuable oral submissions. His generous gift of his professional time and considerable skill was beneficial both to the client and this court.

 

Brent was called to the Bar of Trinidad and Tobago in 2015.

A tenant at 2 Temple Gardens for the first 10 years of his practice, Brent moved to Old Square in 2010. He maintains a fairly even balance between Claimant and Defendant work.


Brent’s practice is evenly split between Claimant and Defendant work. He is instructed by a wide range of firms in claims involving more serious, catastrophic or fatal injuries (with or without a leader). He appears at Inquests for a variety of interested persons.

As well as relishing trial work, Brent undertakes a considerable amount of interlocutory work, often involving hearings arising out of the Jackson reforms (relief from sanction applications, costs budgeting etc.) Brent also appears in costs assessments in the SCCO and County Courts.


Current or recent cases for Claimants include:

  • At any time acting in a number of claims for families bereaved following road traffic accidents or accidents at work for members of the family. Assisting them to quantify damages for the loss of financial and service dependency (including wide experience of calculating complex pension loss claims). Most claims will be worth at least six figures.
  • Acted for Sheikh El Salamouny, a Senior Imam who was blinded by keys and fingers being inserted into his eyes during a sustained, vicious and unprovoked attack by a psychopath at the Regent’s Park Mosque in August 2007. A claim against the Mosque was successfully settled following mediation at the Qatar Embassy.
  • Acted, through the Official Solicitor, on behalf of a young girl seriously injured at 12 years old in a RTA whilst in Portugal. The Claimant was catapulted from the back seat through the windscreen and flung from the vehicle. The claim involves complex injuries of the utmost severity, including: very severe brain injuries; effective immobility; limited preserved function in her left hand and arm; very limited speech; visual impairment and patchy cognitive impairment; significant emotional and behavioural difficulties; in addition to the consequences of retaining insight into the extent and cause of her injuries.
  • Acted on behalf of a pedestrian struck whilst crossing the road causing catastrophic injuries leading to a severe and significant traumatic brain injury, probably a severe diffuse axonal injury.
  • Acting for a woman seriously assaulted by a police officer, attracting international media attention (CNN, BBC, Sky etc) when the assault was captured on CCTV. All charges against the woman were subsequently dropped and a claim for damages was successfully settled.
  • Acted in a number of claims involving assaults in nightclubs, causing injuries ranging from blindness and psychiatric injury to permanent brain injuries.
  • Acting on behalf of the family of a 25-year old woman killed when cows escaped from an inadequately secured field at Montecute House, Somerset. Following a 5-day inquest, taking place over several years, in which Brent acted for the family, a claim against the police for breach of the Deceased's right to life under Art. 2 of the ECHR, in addition to claims against the National Trust and Tenant Farmer, successfully settled.
  • Acted on behalf of a bereaved mother whose teenage daughter was killed whilst on a school outing on Dartmoor at first instance and the Court of Appeal.  The claim attracted significant media attention and was heard by Owen J at the RCJ in May 2012. See Wilkin-Shaw v Fuller [2013] EWCA Civ 410, [2013] E.L.R. 400
  • Acting for Claimant in a substantial Employer's Liability claim arising out of injury to a skipper struck by metal bar whilst at sea. Brent advised and drafted on quantum issues, having been brought in to assist leading counsel. The claim settled prior to trial.
  • Acting for a school girl both below and before the Court of Appeal in relation to a school’s failure to clean up a wet floor whilst allowing children to use a fire door on a floor known to be slippery when wet. Now reported as Hufton v Somerset CC [2011] EWCA 789, [2011] ELR 482.
  • Acting for a Claimant who sustained a spinal fracture in a serious road traffic accident. The injury brought a premature end to her career as a supermodel. Detailed evidence as to the future career path of persons in a niche profession was required. The claim settled for a six-figure sum.


Current or recent cases for Defendants include:

  • Acting for the Defendant in a claim valued in excess of £1.25 million arising out of a road traffic accident, as a result of which the Claimant seeks damages for a serious and permanent cognitive disorder, as well as internal and orthopaedic injuries.
  • Acting on behalf of a national good carrier when bottles weighing over half a tonne were being delivered by truck to a vineyard in Cornwall. The bottles were pushed off the rear of a flatbed lorry, striking and killing the owner of the vineyard who was standing below when the driver lost control of the pallet truck. Claim settled at JSM.
  • Acting on behalf of an employer whose employee was struck by the jib of a crane at a building site. The job struck the employee in the back killing him instantly when the crane tipped over whilst attempting to move a load beyond its capacity. The employee died instantly as a result.
  • Regularly appearing on behalf of insurers of taxi drivers involved in road traffic accidents leading to serious/catastrophic injuries by other drivers/pedestrians. Particularly involved where complex disputes arise over quantum.
  • Acting on behalf of a Local Authority who were blamed by the Claimant for the death of her daughter who was killed when the car she was travelling in was struck by a falling tree branch weighing in excess of one tonne. The Local Authority had previously inspected the tree and noted the need for further investigation but failed to pass this information on to the landowner. The claim was discontinued on the second day of the trial during cross-examination of the Claimant’s expert arboriculturalist.Acting for a Defendant in an appeal to the Court of Appeal (in place of trial counsel from Crown Office Row instructed below) in a claim for damages for use of gym equipment leading to amputation injury. Now reported as Ireland v David Lloyd Leisure Ltd [2013] EWCA Civ 665
  • Defending a highway authority in respect of an alleged breach of section 41 of the Highways Act 1980. The claim had a high value as the Claimant's injuries led to requiring a double below-knee amputation. The claim was dismissed on the basis of causation, section 58 and inevitable accident defences ran at trial.
  • Acting for a road traffic insurer meeting a claim valued in excess of £700k arising out of an accident in which a pedestrian, who stepped off the kerb, was struck. Complex medical evidence as to both injuries to the senses and ongoing cognitive and physical impairment and detailed quantum calculations. The claim settled at JSM prior to trial.
  • Defending a national brewery against claims that it was liable for the actions of a door supervisor alleged to have assaulted a customer. Claim against the brewery settled prior to trial when a co-Defendant provided a full indemnity and paid costs.
  • Defending a high value claim by a lawyer against the owner and driver of a 260 HP motor speed cruiser called 'Nautigirl'. It is alleged that the Claimant sustained serious spinal injury as a result of the vessel hitting an object or bow wave in the water. The case concerned the proper management of vessels in the Solent and lighting on the vessel. The claim for breach of contract against the insurer brought by the owner was settled with the insurer paying the Defendant’s costs and taking over the claim, with the claim by the claimant subsequently dismissed entirely.


Bankruptcy

Brent has built up a niche practice dealing with personal injury claims where the Claimant has been or is about to be made bankrupt. He has provided advice to solicitors and to the Official Receiver in claims where the Claimant was made bankrupt both before and after proceedings were commenced. Articles on this subject written by Brent have appeared in the Solicitors Journal and Personal Injury Law Journal.

Fraud

Brent has dealt with many claims where fraud, exaggeration or malingering has been alleged against Claimants from all backgrounds. Brent is instructed in LVI claims, and has cross-examined experts on issues of delta vee and the transmission of forces to occupants of vehicles.

Much of his work includes consideration of covert surveillance evidence taken both before and after trial, which Brent has written about in the New Law Journal. Brent has also acted in claims where the use of social media and information gathered from the internet has had a significant effect on the outcome of the trial.

Brent undertakes claims where committal for contempt is sought by insurers and where the recovery of sums paid by way of CRU is sought following evidence of fraud or exaggeration.

Memberships

  • Western Circuit
  • Personal Injury Bar Association
  • London Common Law and Commercial Bar Association

Brent has dealt with cases involving clinical negligence from the outset of his practice at 2 Temple Gardens, being trained and then led by silks such as Benjamin Browne QC, Michael De Navarro QC and Graham Eklund QC. He has recently been led by Dr Michael Powers QC.

He is regularly instructed by the NHSLA as well as Claimants and has wide experience in robustly cross-examining experts in all medical fields.

Brent is a contributing author to the upcoming 5th Edition of ‘Clinical Negligence’. 

Current or recent cases:

  • Representing a patient suing his GP’s practice for failure to admit to hospital sooner, thereby leading to the need for a total colectomy, splenectomy and end ileostomy. Claim successfully settled at a JSM.  
  • Acting for a Claimant suing for the negligent treatment of her mother, a 72 year-old woman who died to bacterial endocarditis which arose as a complication of septicaemia caused by pressure sores.
  • Representing a dental patient whose cheek had been drilled through during a filling by dentist, leading to psychiatric injury. Liability initially denied on the basis that patient had caused the accident by excessive flinching during treatment. Claim settled after exchange of expert evidence.
  • Acting for a Trust in circumstances where a patient immolated himself after being allowed to smoke, allegedly without proper supervision. After an exchange of correspondence and following cross-examination at the inquest, (which did not return a verdict of neglect despite being pressed for by the family) no civil claim was brought.
  • Acting for a contracted provider of transport to patients suffering from Parkinsonian symotoms.  A patient fell and died later in hospital whilst in their care, leading to 4 day trial. Issues as to causation of the fall and loss arose. Brought a successful claim for contribution against the local authority.
  • Acting for the NHSLA in a claim involving patients contracting fatal dose of Legionnaires' Disease whilst in hospital following faulty installation of central heating systems. Claim involved analysis of clinical hygiene procedures, water temperature and cross infection.
  • Representing insurers acting for a chemist who had prescribed the wrong medication leading to the onset of Parkinsonian symptoms and alleged severe psychiatric reaction to their development.
  • Representing the family of an elderly patient at an inquest in the West Country where the family suspected that neglect may have contributed to the death of their mother whilst in hospital.

Throughout his practice Brent has regularly appeared in Inquests, both before Coroners sitting alone and Juries, on behalf of a range of interested parties including families, insurers or those facing proceedings brought against them personally. 

Brent has a reputation for handling fatal accident claims, as recognised by Chambers and Partners, which form a major part of his practice, so is well placed to give advice on any civil claims which may arise.

Subjects considered in inquests in which Brent has been involved include:

  • Numerous road traffic accidents involving such diverse matters as the escape of cows onto unlit A-roads, drunk and/or reckless driving, sleep deprivation, automatism, illegal racing, or simple misfortune.
  • Carbon monoxide poisoning caused by a blocked flue.
  • Young child whose head became trapped in the excessive gap between brick pillar and electric-powered self-closing gate.
  • Delivery of wine bottles at vineyard on a pallet, striking owner when delivery driver lost control when pushing bottles to rear of lorry.
  • Collapse of a crane at a building site leading to jib striking employee standing on scaffolding.
  • Forklift truck was driven into inspection pit and collapsed onto an unrestrained driver.
  • Electrocution of an employee working at a substation in central London.
  • Road traffic collision involving a 14 year old fleeing police pursuit whilst on the back of a motorcycle.
  • Mayor of a Cornish town repeatedly run over by delivery lorry when attempting to reverse down a narrow lane.
  • Failure to care for elderly patient admitted to hospital following clinical failings in general practice.
  • Partially incapacitated patient allowed to smoke within controlled environment leading to self-immolation.
  • Acting on behalf of the family of a 25-year old woman killed when cows escaped from an inadequately secured field at Montecute House, Somerset. Following a 5-day inquest, taking place over several years, in which Brent acted for the family, a claim against the police for breach of the Deceased's right to life under Art. 2 of the ECHR, in addition to claims against the National Trust and Tenant Farmer, successfully settled.
  • Ireland v. David Lloyd Leisure Ltd

    The court upheld a finding that a gym owner was liable, subject to a 25 per cent deduction for contributory negligence, for an injury sustained by one of its members....

  • Wilkin-Shaw v. Fuller

    The appellant failed to show that the death of her daughter while on a school trip on Dartmoor was the result of the negligence of a teacher who had lost...

  • Maddison Hufton v. Somerset County Council

    A school which operated a policy of preventing pupils from entering the premises directly into the school hall on rainy days by erecting wet weather signs as soon as it...

  • Barry Batey v. Jewson Limited & Anor

    Taking into account the background evidence a judge had erred in ruling that an assignment between a company and a shareholder had been for the proceeds of the company's claim...

  • Tahira Ashraf v. Devon County Council

    A judgment that had been entered in favour of a party was set aside where that party had been approbating on a settlement in respect of liability and reprobating on...

  • Louise Ramage v. BHS Limited

    A district judge was entitled to order that a claimant in a personal injuries claim had to disclose the first instructed expert's medical report before she could rely on a...

  • See all cases

     

pAwards

2016 L500 Leading Individual L500 2015 leading individual Ranked in Chambers & Partners 2014 Legal 500 Top Ranked Barrister 2014 Ranked in Legal 500 2013
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