Balliol College, Oxford (Classics scholar) BA
City University Dip. Law
1984 Called to the bar

Email: ahockton@3serjeantsinn.com

Andrew has been cited as a leader in his fields of practice (clinical negligence and professional discipline) in the directories for many years.

The following are samples of recent comment in the legal directories:

Legal 500 2009

Recommended as a leader in the field (in the top tier) of clinical negligence and healthcare.

"Andrew Hockton is one of our preferred counsel for complex and difficult cases."

Chambers 2009

Recommended in the fields of clinical negligence and professional negligence;

Andrew Hockton is “very committed and dedicated.” He has “a low-key approach;” clients comment that “he’s not a battering ram, but approaches things sensibly, calmly and meticulously.”

“clever and experienced all-rounder”

Chambers 2006

Recommended as a leader in the fields of clinical negligence and professional negligence;

Under clinical negligence : He “has a knack for looking at the wider picture”

Under professional discipline: he “has impressed legal assessors and clients for “the quality of his thinking on his feet.” He has particular experience in cases involving issues of consent to treatment, as well as human rights and Privy Council cases.

Medical law

(a)     Clinical negligence

Instructed in clinical negligence claims on behalf of claimants and defendants. Substantial experience in high value claims involving cerebral palsy/catastrophic injury. Involved in benzodiazepine group litigation. Regularly advises on legal aspects of claims in relation to issues of disclosure, confidentiality, expert evidence, limitation and the nature and extent of the duty of care.

(b) Consent/emergency treatment applications/human rights

Has a special interest in cases involving issues of consent/human rights. Instructed on behalf of patients and their families, Trusts, the Official Solicitor and CAFCASS. Recent cases have involved PVS, withdrawal of ventilation/nutrition and hydration from terminally ill children and adults, treatment of Jehovah’s witnesses, force-feeding patients/prisoners, treatment of mental health patients, advance directives, treatment of HIV patients and issues of confidentiality involving HIV patients.

(c)  disciplinary proceedings

A leading practitioner in the professional disciplinary field for over 15 years. Regularly defends practitioners before the various committees of the GMC and the GDC. Has also appeared before other professional bodies (vets and psychologists). Instructed on behalf of some of the country’s leading medical practitioners, including Professor Behan, the expert in the CJD litigation (found not guilty of serious professional misconduct). Recent cases have included GMC v Gibson (arising out of the Kent and Canterbury cytology inquiry - case dismissed); GMC v Mr Rostron (consultant orthopaedic surgeon and well-known medico-legal expert: case dismissed-fitness to practise not impaired); GMC v Dr Gill (GP-fitness to practise not impaired); GMC v Mr Batchelor (internationally renowned plastic surgeon- fitness to practise not  impaired); GMC v Dr Hashmi (surgeon- case dismissed- fitness to practise not impaired); GMC v Dr Nehikhare (consultant geriatrician-fitness to practise not impaired); Calhaem v GMC (Admin Court); Sharief v GMC (Admin Court); Sacha v GMC (Admin Court). Recent substantial cases before the GDC include GDC v White; GDC v Schmullian; GDC v Zietsman; GDC v Marshall; GDC v Butt. Regular appearances before the Privy Council and Administrative Court in disciplinary cases. Successfully challenged the role of specialist advisers in performance cases (Watson v GMC). 

Reported cases in the field of negligence include:

ES (by her mother and litigation friend) v Chesterfield and North Derbyshire Royal NHS Trust CA [2004] Lloyds Rep Med. 90

Briggs v Pitt Payne CA [1999] Lloyds Rep Med (limitation)

O’ Keefe v Harvey-Kemble CA [1998] 45 BMLR 94

Powell v Boladz CA [1998] Lloyds Rep Med 116 (scope of doctor’s duty of care)

Saxby v Morgan CA MLR 1997 (limitation in drugs cases)

Law of Consent to Medical Treatment, Sweet & Maxwell 2002

Clinical Negligence (4th ed) 2008, ed Powers, Harris, Barton:  Chapter on Consent