- All Barristers
- Joseph Price
Joseph joined Chambers in September 2020 following a civil pupillage under the supervision of David Boyle, during which he worked on a range of personal injury, clinical negligence, inquest and insurance fraud matters.
Personal Injury & Clinical Negligence
Joseph had a broad personal injury practice, representing claimants and defendants at interim hearings, CCMCs and trials. He is frequently instructed to provide advice and draft pleadings in fast and multi-track cases and has appeal experience.
Recent clinical negligence cases have included delayed diagnosis, failure to obtain informed consent and dental negligence. He acts on both sides of the litigation and has experience of representing families at inquests where a subsequent civil claim is anticipated.
Family Finance
Joseph advises and acts for clients in disputes about the distribution of assets following the breakdown of both marriage and cohabitation under TOLATA 1996.
Court of Protection
Joseph has a developing practice in the Court of Protection. He has been instructed by local authorities on section 16 and section 21A MCA 2005 matters and has recently acted for the OPG.
Notable Cases
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Gulf View Medical Centre Limited (1) & Roopchand (2) v Tesheira (Trinidad and Tobago) [2022] UKPC 38
Judicial Committee of the Privy Council
Consideration of a number of issues pertaining to expert evidence, the range of opinion, CPR35 compliance etc. in the context of a fatal clinical negligence claim in Trinidad.
In April 2004, Mr Tesheira, a former captain of the Trinidad football team, underwent a TURP procedure under the care of a Dr Goetz at Gulf View Medical Centre in San Fernando, Trinidad. Dr Roopchand was the anaesthetist. Unfortunately, Mr Tesheira developed heavy bleeding after the surgery and, despite the efforts of various doctors, died. The claim against Dr Goetz having been compromised, the action proceeded against the Medical Centre and Dr Roopchand. At the conclusion of the Claimant’s case, the Defendants, represented by Mary O’Rourke KC, argued that there was no case to answer by reason of the nature and strength of the evidence presented. The High Court rejected that argument and, the Defendants having been put to their election, entered judgment for TTD$18,034,772.33 (approximately £2.25M). The Court of Appeal overturned a number of findings of fact, but concluded that Dr Roopchand had been negligent and that the Medical Centre owed a Non-Delegable Duty to Mr Tesheira.
Joined the case for the hearing before the Privy Council as second junior to Miss O’Rourke KC and David Boyle, assisting particularly with the drafting of the final Statement of Case which argued a number of points including the approach to the expert evidence and its quality, procedural unfairness, the effects of an admission in certain respects of the Claimant’s case, the Bolam test, and non-delegable duties under Woodland v Essex.
Ultimately, the Court found that there were no novel points of law, and that the admission, made by previous solicitors in the initial Defence, meant that several of the arguments raised were not, in fact, open to the Appellant on this appeal, which was, accordingly, dismissed.
Appointments
- Attorney General’s Junior Barrister Scheme
- Advocate (formerly the Bar Pro Bono Unit)
Professional Associations
- Personal Injuries Bar Association
- Court of Protection Practitioners Association
Education
- The University of Manchester – Law LLB (First Class)
- BPP University – BPTC (Outstanding)
Articles by Joseph
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Fraud in the Context of the RTA Small Claims Protocol
The Civil Liability Act 2018 introduced a package of reforms, namely The Whiplash Injury Regulations 2021, CPR PD27B and the…
By: Joseph Price Added in: Civil and Insurance Fraud
Posted: 22nd October 2021