Clerked by: Paul Clarke
AREAS OF EXPERTISE:
Richard acts for both Claimants and Defendants in Clinical Negligence, Inquests, Abuse & Human Rights, and Court of Protection both alone and as a junior on very large and complex cases.
Much of Richard's work in those areas involves vulnerable adults and children, e.g. adult social care, psychiatric treatment, and children's social services.
Richard has particular experience of:
- Inquests of various kinds, particularly psychiatric treatment, medical/surgical cases, social care/multi-agency deaths, and armed forces.
- The full range of clinical negligence cases, especially delayed diagnosis of cancer.
- Claims and inquests arising from psychiatric treatment, in particular regarding risk assessment, ground leave, s.17 leave, etc.
- Secondary victim claims.
- Claims against local authorities (including ECHR breaches and negligent failure to remove).
- Mental Capacity issues (both in court of protection and litigation).
- Sexual Abuse.
- Claims by Armed Forces personnel.
- Equestrian claims
Much of Richard's work involves vulnerable individuals and state agencies. Human Rights issues arise in all of his practice areas, particularly the positive and investigatory obligations under Art.2 (in inquests and in litigation), Art. 3 (in personal injury/abuse litigation) and Art.5 (in Court of Protection work).
Year of Call: 2009
Recent and historic sexual abuse claims against a perpetrator or their employer, failure to remove claims involving local authority children's services, failure to safeguard, and Human Rights Act claims by vulnerable adults, children in care, etc.
Richard is regularly instructed to act for children and vulnerable adults via the official solicitor, in claims against local authorities, including ‘failure to remove’ and HRA claims.
Many of the cases Richard is instructed in are Failure to Remove claims, and he has delivered a seminar to the Official Solicitor on the effect of GN v Poole in such cases.
Significant/recent cases
Richard acts for both Claimants and Defendants in Clinical Negligence matters of substantial complexity and severity, both alone and as a junior.
Richard is ranked in Band 2 for Clinical Negligence in the Legal 500 2021, and Band 3 in Chambers and Partners 2020.
Particular Areas of Expertise:
Significant Cases
Richard acts for all interested parties in Court of Protection cases, often those arising from s21A applications, and where there is a crossover with his other areas of practice in clinical negligence or personal injury.
He is experienced in cases where MCA issues arise outside of the court of protection, e.g. in inquests or in civil litigation.
Richard acts for families and other interested parties in all kinds of inquests and has expertise in the application of Article 2 in both medical and non-medical spheres.
Particular areas of expertise
Richard is ranked Band 2 for inquests (northern circuit) in the Legal 500 2021.
Social Care
Richard has particular experience in inquests involving social care/safeguarding/local authorities, examples include:
Richard acts for both claimants and defendants in serious personal injury claims, exclusively at multi-track level.
Richard is ranked band 2 (northern circuit) in the Legal 500 2021.
Significant cases - Military
Significant cases – Equestrian
Personal Injury Bar Association
Professional Negligence Bar Association
2007, University of Liverpool (Chester): BSc Hons, First Class
2008, College of Law: Graduate Diploma in Law, Commendation
2009, College of Law: Bar Vocational Course, Very Competent
2009, College of Law: LLB Hons (2:1)
Chambers and Partners 2021 – Clinical Negligence Band 3
A popular junior who practises across a diverse caseload including surgical negligence and secondary victim claims. He possesses considerable experience in matters of consent and cases relating to the Mental Health Act.
Strengths: "He is approachable, easy to work with and thorough." "He is friendly, enthusiastic, very good with clients and his advice is always well thought through."
Chambers and Partners 2020: Clinical negligence band 3
Legal 500 2021: Personal Injury band 1, Clinical Negligence band 2, Inquests band 2:
Legal 500 2020:
"Always impeccably prepared, he will know every aspect of the case before starting a conference."
Chambers and Partners 2020:
A popular junior who practises across a diverse caseload including surgical negligence and delayed diagnosis. He possesses considerable experience in matters of consent and cases relating to the Mental Health Act.
Strengths: "His advocacy is excellent and he is sympathetic in his dealings with clients."
36 Young Street, Manchester, M3 3FT DX: 718188 MCH 3 Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE DX: 713113 LEEDS PARK SQ Direct Dial: 0113 242 1123
Embassy House, 60 Church Street, Birmingham, B3 2DJ DX: 13023 BIRMINGHAM Direct Dial: 0121 200 3570
Paul Clarke
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