Clerked by: Paul Clarke Aaron Smith
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 (and related matters in the High Court) in relation to deprivation of liberty, health/welfare, and medical treatment.
Richard has particular experience of inherent jurisdiction cases, in relation to both children and vulnerable adults. He has been instructed in a number of cases involving children who are deprived of their liberty in acute hospital settings, due to a lack of available therapeutic placements.
Richard is available to give urgent advice on serious medical treatment cases where necessary.
Significant/recent cases
Richard acts for families and other interested parties, primarily state bodies, in all kinds of inquests. He has extensive expertise in the application of Article 2 in both medical and non-medical spheres.
Richard is ranked in Band 2 of Legal 500 for inquests in 2022:
“Richard always gets up to speed very quickly on cases with significant documentation. He has an excellent manner with clients, particularly those finding the inquest process stressful. He provides practical and thoroughly thought through advice. ’”
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:
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 UK 2023
"Richard is approachable and provides solid written advice and pleadings."
"Excellent with public sector clients in stressful and emotional inquests."
"Richard is great at supporting witnesses. I like his advocacy style and approach."
Legal 500 2023
‘Richard is an excellent advocate and his advice in conferences to clients is well reasoned, well thought out and clear. He gets great results for his clients.’
‘Richard is excellent with witnesses at inquests where the situation can be quite emotional. He is very pragmatic, flexible to the demands of the case and analytical. He is also very good on his feet. Highly recommended for complex Article 2 inquests, particularly those involving social care and the vulnerable.’
'Richard is approachable and he has an excellent rapport with clients and experts. He is contactable which is vital in this area of law where involvement of counsel is crucial and time sensitive. Richard works very hard to get the best outcome for a client and has a very detailed knowledge of law and the medicine that our cases require.’
Chambers UK 2022
"Thorough in his approach to conference with experts and always well prepared. He has a good understanding of the medicine and issues involved." "He is great in conference and with clients."
Richard is ranked in Band 2 of Legal 500 for inquests in 2022: “Richard always gets up to speed very quickly on cases with significant documentation. He has an excellent manner with clients, particularly those finding the inquest process stressful. He provides practical and thoroughly thought through advice."
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."
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Paul Clarke
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