Nigel Poole QC

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Year of Silk: 2012

Year of Call: 1989

"Thorough, clever and efficient: the complete package" - Chambers UK.

Nigel practices in clinical negligence and personal injury work. He has been at the bar for over 20 years and was appointed Queen's Counsel in 2012. He has conducted a whole range of clinical negligence cases from obstetric negligence resulting in cerebral palsy to delay in diagnosing cancer, from cosmetic surgery to cauda equina syndrome. In PI he acts for both claimants and defendants in a range of road traffic, public and employers' liability cases. His most high profile case was as counsel for the   successful appellants in the leading Human Rights Act case of Rabone-v-Pennine decided by the Supreme Court in February 2012.

As a Junior Nigel was ranked as a Band 1 Counsel for clinical negligence in the Chambers UK guide to the Bar and he was on the Attorney-General's panel for twelve years. He is a former Legal Assessor at the General Medical Council and sits as a Recorder on civil and private family matters.

Chambers UK 2013:
Nigel Poole QC of Kings Chambers has a practice concentrated on high-value and complex clinical negligence and personal injury claims. He is lauded for "his excellent tactical brain." One source stated that "it is axiomatic that he knows the law, but his approach to evidence and how a case is presented is amongst the best I have seen." He is especially highly regarded for his expertise in cases concerning a delay in diagnosis of cancer, although commentators agree that he is "an excellent advocate" for any clinical negligence claim.

Chambers UK 2012:
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 2012:
Newly appointed silk Nigel Poole QC is "recommended for clinical negligence claims".

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 bringing claims under the Human Rights Act for breach of Article 2, the right to life. He has conducted several Inquests following deaths in healthcare 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 for the Claimant securing liability and settlement in 2011 of £3.3 million plus £175,000 periodical payments for a Claimant with cerebral palsy following birth injury.
• XX-v-UMSMH NHS Trust - acting for claimants in wrongful birth claim which settled in November 2012 for £3.5m.
• F-v-HDD NHS Trust - acting for claimant who suffered gangrene and underwent penectomy - settled in November 2012 for £1.85 m.
• 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 [2012] UKSC 2 - acting for the Claimants in a claim for damages under the Human Rights Act at trial and in the Court of Appeal and Supreme Court.
• S-v-North Cheshire: Nigel acted for the Claimant 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.
• G-v-B - acting for family of patient who died when surgeon punctured artery during surgery at wrong level of spine, claiming damages under Human Rights Act for breach of NHS Trust's system obligations article 2, and representing family at Inquest.

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 and subsequent settlement of damages at £2m.
• P-v-SW and others - acting for Defendant in ongoing £10m claim following catastrophic injuries in go-kart accident.
• 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 settled at JSM.
• C-v-W acting for Defendant to £1 million plus claim by claimant who suffered leg amputation settled at JSM.
• 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

Nigel's Blog - Clinical Negligence Practice Notes

Various articles on cosmetic surgery. Also:

Solicitors Journal 15th August 2011

rabone_vs_penine_care_nhs_trust.pdf

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