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Nigel Poole


Year of Call: 1989


Clinical Negligence & Healthcare Law


Nigel "is a first-choice junior for clinical negligence at the Manchester Bar' - Legal 500 2011:


Nigel  practices in clinical negligence and personal injury work, specialising in higher value cases. He has been at the bar for over 20 years and is a former legal Assessor at the General medical Council. In 2009 he was appointed as a Recorder dealing with civil matters (and now Private Family matters) on the Midland Circuit. He is ranked as a Band 1 Counsel for clinical negligence in the current Chambers UK guide:

Chambers UK 2012: Leading junior Nigel Poole is also a member at the set and elicits much praise from the market, with sources saying that "he is practical, innovative and reliable; he is an authoritative advocate, who has great compassion for clients." He continues to act on behalf of the claimants in Rabone v Pennine, an important and novel case concerning a claim under the Human Rights Act 1998 for compensation for breach of Article 2 following the suicide of a patient who was not compulsorily detained under the Mental Health Act 1983

Chambers UK 2010:
Highly experienced in clinical negligence and healthcare human rights, and has a particularly strong reputation for his work on cancer cases.  He is in high demand from solicitors who describe him as "thorough, clever and efficient: the complete package"

Chambers UK 2009:
Possessing a niche cosmetic surgery practice and proving effective when handling personal injury work, Nigel Poole is a very fine practitioner.  "Bright and measured," he is "approachable, compassionate with clients and very experienced."  

Chambers UK 2008:
Leaders at the Bar - recommended in Clinical Negligence - "...
a key member of the set and is particularly expert in cosmetic surgery related litigation."

Legal 500 2011:
"is a first-choice junior for clinical negligence at the Manchester Bar'

Legal 500 2010:
"combines intelligence and high client-care standards with a great appetite for work"

Legal 500 2009:
"the complete package - thorough, clever, and efficient in healthcare negligence"

Legal 500 2008:
"with his niche in cosmetic surgery, is also 'excellent in birth and infant negligence' cases"

Clinical Negligence

Recent cases have involved obstetric negligence leading to cerebral palsy, traumatic brain damage, loss of sight, severe spinal injury, amputation, delay in diagnosing cancer, meningitis, necrotising fasciitis, and wrongful birth. He has represented many infant claimants and many adult clients who lack mental capacity.  He has successfully resolved many Fatal Accidents Act claims and has acted for several clients brining claims under the Human Rights Act for breach of Article 2, the right to life. He has conducted several Inquests following deaths in health care settings. Nigel has a niche specialism in cosmetic surgery litigation a subject on which he has lectured widely and published articles. He has also developed a specialist interest in claims arising out of the delay in diagnosing cancer, another subject on which he has lectured widely. He is ranked as a Band 1 Junior in clinical negligence in the current edition of Chambers UK Guide and is ranked in the Legal 500 .

Recent concluded cases:

  • S-v-NWSHA-Nigel acted without a leader securing liability and settlement in 2011 of £3.3 million plus £175,000 periodical payments for a Claimant with cerebral palsy following birth injury.

  • S-v-Hull - acting as Junior Counsel for child with cerebral palsy in claim settled for £1.5 million lump sum and periodical payments of up to £150,000 per annum.

  • RH-v-Central Manchester - acting as Junior Counsel for the infant Claimant who suffered disability as a result of the late diagnosis of congenital hip dysplasia, settled for £1.8 million.

  • H-v-P:   acting for the Claimant in who lost his sight due to delay in treating infection - the case was fought to trial in the High Court and then settled mid trial for £700,000;

  • H-v-Pennine: acting for Claimants Nigel secured settlement at JSM for £1 million in this wrongful birth claim.

  • Rabone-v-Pennine [ 2009] LS Law Med 503 - acting for the Claimants at the trial of a claim for damages under the Human Rights Act and in the Court of Appeal. Nigel is appearing in the Supreme Court in November 2011.

  • S-v-North Cheshire: Nigel acted alone for the Cliamant recovering £900,000 in a claim for delayed treatment of a spinal injury.

  • C-v-North Tees: a sensitive case in which Nigel represented the mother of a young boy who died of pneumococcal meningitis within hours of being sent home from hospital, acting at the Inquest and in subsequent resolution of her claim.

  • B-v-BG: representing a multinational manufacturer of hip prostheses at a mediation of Consumer Protection Act claims brought by four patients

  • D-v-W: securing liability following trial, and later settling claim for delay in diagnosing cancer causing death of a young mother.

Cosmetic Surgery

Nigel has developed a niche specialism in cosmetic surgery litigation, having now represented over 100 clients who have undergone allegedly negligent treatment including breast augmentation, mastopexy, blepharoplasty, rhinoplasty, abdominoplasty, liposuction, facelift, hair transplant and filler treatment. He has secured awards as high as £100,000 acting, in the majority of cases under conditional fee agreements. He has lectured on the subject to solicitors in London, Leeds and Manchester as well as to the public. He has published articles on the subject and has been recommended in Chambers UK and the Legal 500 for his cosmetic surgery practice.

Personal Injury

Nigel acts for claimants and defendants in cases of the utmost severity arising out of road traffic accidents, occupiers' liability and accidents at work.

Recent  cases include:

  • G-v-M: acting as Junior Counsel for the severely brain-injured Claimant securing judgment in her favour at the trial of liability in a road traffic accident claim. 

  • T-v-R - acting for Defendant in PI claim for over £1.5 million by former dental practitioner. Settled at JSM for £650,000.

  • B-v-M - acting for Defendant in £1 million plus claim following amputation.

  • M-v-M - acting for Claimant who suffered leg amputation following RTA.

  • C-v-W acting for Defendant to £1 million plus claim by claimant who suffered leg amputation.

  • H-v-E: acting for Defendants to £1 million plus Occupiers Liability Act claim by brain injured claimant.

  • Thomas-v-Warwickshire CC - securing judgment at the High Court trial for brain injured cyclist in an important decision affecting the liability of highways authorities for deposits on the highway.

  • Q-v-D  Successfully defending £1.7 m employer's liability claim which settled mid-trial for £70,000 inclusive of costs.


Published articles


Various articles on cosmetic surgery. Also:

Solicitors Journal 15th August 2011
http://www.solicitorsjournal.com/story.asp?storycode=18827&encCode=865077316BC5964233JTBS737226611&eclipse_action=getsession






Career & Education:
The Queen's College Oxford:


First Class Honours in PPE
Benefactors Prize
Hastings Open Scholarship  
City University, London:
Diploma in Law
Inns of Court School of Law:    Queen Mother Major Scholarship
Year of Call:
1989 Middle Temple
Panels:




2000 to date: appointed by Attorney General
Junior Counsel to the Crown  (Provincial Panel)
Legal Assessor GMC 2002-2009 

Recorder:

2009 to date:  Recorder dealing with Civil and Private Family matters on the Midland Circuit


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Clerked by:

Stephen Loxton

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