Simon Hilton

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Education and Career:       

Oxford University, MA (English)

Called to the Bar 1987 (Gray's Inn)

Appointed by Attorney General as Junior Counsel to the Crown (Provincial Panel) 2000 to date

Appointed Recorder 2003

Simon's principal area of specialisation is in personal injury and clinical negligence.   His practice is split equally between claimant and defendant work, often involving cases of high value or technical complexity.  In his capacity as AG Panel Counsel he is widely experienced in litigation involving Government departments (eg military accidents, prison assaults, historic sexual abuse) as well as inquests (death in custody, military fatality).

His personal injury practice embraces industrial and occupational disease, road traffic, rail and general EL work.   He has a particular interest in related insurance disputes, including claims arising out of permanent health policies and contested indemnity cases.   He also specialises in health and safety work (see separate CV) and cases involving product liability.

In clinical negligence, the breadth and diversity of his caseload in the last two years has included litigation arising from:   fatal pulmonary embolus following routine hip replacement surgery;  death following obstetric complications and refusal to accept blood transfusion;  vascular complications during critical limb ischemia surgery;  mismanagement of medication for ulcerative colitis;  failure to diagnose Mueller-Weiss Syndrome;  contraction of Clostridium Difficile Infection on hospital ward;  gynaecological mismanagement (sterilisation surgery);  failure to diagnose cholasteatoma in the middle ear;  negligent treatment during psychotherapy.

Recent cases include:

McDonnell and McGeown v. Walker [2009] EWCA 1257      
Limitation appeal  -  commencement of second action post Horton v. Sadler.

Silcock v. HMRC [2009] EWHC 3025   
Mesothelioma  -  appeal under CPR Show Cause procedure.

Ibbotson v. Highways Authority and various [2009] QBD (Unrep)     
Instructed by HA in £1.5M claim following trunk road accident.

Storm v. Secretary of State for Justice [2009] EWHC 2168            
Judicial review  -  re-categorisation decision on life prisoner.

Bennett v. MOD [2009] QBD (Unrep)   
Military helicopter crash;  double fatality;  £1M claim with complex aeronautical evidence.

Marritt v. Heaney [2008] QBD (Unrep)  
Motorcycle accident;  amputation of both legs.

McAvoy v. Railtrack [2008] QBD (Unrep)       
Railway accident;  electrocution;  brain damage.

Nicholls v. MOD [2008] QBD (Unrep)   
Overturned combat vehicle in Bosnia;  severe arm injury.

Essomba v. Secretary of State for Home Department [2009] EWHC 2300
Judicial review;  fresh claim in asylum proceedings; Article 8 ECHR.

H v. Norwich Union [2010] Co Ct (Unrep)            
Action to enforce payment under PHI policy;  fibromyalgia.

Bullen Stomacare v. Liverpool & N Yorks PCTs [2009] NHS Appeal Tribunal
Pharmaceutical regulations (drug tariffs); overpayments exceeding £1M to drug contractor;  instructed by NHS.

Inquest into the death of Andrew Borketas [2008]
Instructed by MOD;  infantry recruit drowned during training exercise at Catterick.

Related Practice Areas:                           Regulatory and disciplinary