Deans Court Chambers

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Hugh Davies

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Hugh Davies - Deans Court Chambers

Education

  • Pates Grammar School
  • Lincoln College, Oxford University MA Jurisprudence (Oxon)
  • Jules Thorn Scholar, Middle Temple

Appointments

  • APIL’s Guide to Damages (Allen, Bowley, Davies) - 1st edition 2004; 2nd edition 2008; 3rd edition 2013

Professional Associations

  • Professional Negligence Bar Association
  • Personal Injury Bar Association
  • Association of Personal Injury Lawyers
  • Manchester and District Medico-Legal Society
  • Association of Regulatory and Disciplinary Lawyers

Profile

Hugh has a flair for analysing and interpreting evidence and explaining complex issues clearly. His straight forward manner and excellent communication skills give clients confidence both inside and outside the courtroom.

He has a detailed understanding of medical matters, the practicalities surrounding care in the NHS and difficulties that may arise where experts from a number of different disciplines are involved.

He has successfully appeared in the Supreme Court.

Personal injury

All types of work including employer’s liability, industrial disease, highway and road traffic cases. He is regularly instructed in cases involving injuries of maximum severity, injuries to the head and spine, psychiatric injuries and chronic pain

Clinical negligence

Recent cases include hypoxic brain injury and other clinical mistakes which have led to brain damage resulting in awards of several million pounds; delayed diagnoses, particularly of cancer of the breast, bowel and caecum; delayed diagnosis of ulcerative colitis and the development of pressure sores in hospital; missed fractures of the spine, wrist and ankle; failed sterilisations and a missed avascular necrosis of the femoral head in a baby resulting in significant leg length discrepancy.

Regulatory

For over 10 years he has been instructed by the General Medical Council in fitness to practice cases many of which involve clinical issues. He is also instructed by the GMC in registration, restoration and review cases and in the Administrative Court

Inquests

Involving accidents at work and breaches of health and safety legislation, road traffic accidents and clinical negligence

Notable Cases

  • Regulatory; Professional Discipline and High Court

    B v GMC [2016] EWHC 3221 (Admin)

    B qualified as a Dr abroad and applied to the GMC for full registration as an International Medical Graduate under section 21B Medical Act 1983 as amended. An internship which would normally be completed in 12 months took much longer. Her application for full registration was refused by the Registration Appeals Panel (RAP) and she appealed.

    Edis J held that B had almost completed the 12 months internship when she took a break for good personal reasons. It might have been thought that she had effectively completed her internship before the gap and the RAP should have explained why they took a different view. The case was remitted for further consideration by the RAP.

    N.B. More prescriptive guidance for applicants was introduced by the GMC in December 2015.

  • Clinical Negligence

    X (Protected Party) -v- Dr Y

    (Claimant) Mother 37 weeks pregnant when she developed an infection. GP failed to send her to hospital promptly and X born with asymmetric diplegia cerebral palsy. X had developmental problems due to damage to the white matter within the brain known as periventricular leukomalacia (PVL). X’s case was that earlier admission to hospital would have been treated by intravenous antibiotics leading to a reduction in the maternal fever, which resulted in X’s hypoxia which in turn caused PVL in the first hours after Mother’s admission to hospital. Alternatively, if the effects of PVL would have occurred anyway, they were made materially worse. The settlement figure agreed at the settlement meeting of £3.9m gross was subsequently approved by the Court on 31 October 2014.

  • Supreme Court

    Summers v Fairclough Homes Limited [2012] UKSC 26; [2012] 1 WLR 2004

    (Claimant) Supreme Court. Claimant sustained serious injury in accident at work and won a trial on liability, but then dishonestly exaggerated his claim. Supreme Court rejected Defendant’s application to strike out the claim in its entirety and upheld the trial judge’s decision to award damages on the agreed medical evidence

  • Court of Appeal

    Vellino v Chief Constable of Greater Manchester Police [2001] EWCA Civ 1249; [2002] 1 WLR 218

    (Claimant) Court of Appeal. Shortly after his arrest the Claimant sustained devastating injuries when he jumped out of a second floor window when trying to escape. The police could easily have prevented him from jumping, had they wanted to. Detailed analysis of illegality

  • Professional Discipline and High Court

    GMC -v- Dr D

    Dr unsuccessfully appealed the Registration Appeals' Panel refusal to allow his name to be included in the Specialist Register under the Cardiothoracic Speciality pursuant to Article 8(2) of the Post Graduate Medical Education and Training Order of Council 2010 - HHJ Gore QC 3, 4, 14 March 2014

  • Professional Discipline and High Court

    GMC -v- Dr S [2014] EWHC 1471 (Admin):

    Dr unsuccessfully appealed finding of Fitness to Practise Panel that the panel’s findings were wrong on the facts, that his fitness to practise was impaired and that the sanction was excessive - HHJ Pelling QC 2 May 2014

  • Court of Appeal

    Cross v Kirklees MBC [1998] 1 All ER 561

    (Defendant) Court of Appeal. Scope of section 41 of the Highways Act 1980 in case of icy pavement before section 41A Highways Act 1980 was introduced

  • Professional Discipline and High Court

    GMC -v- Dr Y

    GMC granted extension of Interim Order pursuant to section 41A of the Medical Act 1983 (as amended) - HHJ Bird 23 August 2013:

  • Common Law

    Blackpool and Fylde Aero Club v Blackpool BC [1990] 1 WLR 1195

    (Defendant) Court of appeal. Defendant requested tenders but then overlooked the Claimant’s tender which had been properly submitted. Obligation to at least consider tenders

  • Professional Discipline - High Court

    GMC -v- Dr Q [2014] EWHC 775 (Admin),

    GMC granted extension of Interim Order - Baker J 11 February 2014

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