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Briony Ballard

CALLED TO THE BAR 2000

Junior Counsel


Clinical Negligence & Healthcare Profile

Background

 

1990 – 1995            Oxford High School for Girls
1995 – 1998            Birmingham University: Joint BSocSc (Hons) Class IIi, Economics and Politics
1998 - 1999             College of Law, London: Common Professional Exam

Queen Mother Scholar, Middle Temple
Blackstone’s Entrance Exhibitioner, Middle Temple

1999 - 2000             Bar Vocational Course at the Inns of Court School of Law, Chrystal MacMillan Prize for results in the BVC, Middle Temple

2000 - 2001             Pupillage at 3 Serjeants` Inn

2001                        Tenant at 3 Serjeants` Inn

2002                        Contributing Editor, Lloyds Law Reports Medical

2003                        Advanced International Advocacy Course

 

Email: bballard@3serjeantsinn.com



General Information

 


Directory Comments

 

Briony Ballard is recommended in police law by leading legal directory Chambers & Partners 2009.

 

"...a ' measured advocate' who knows 'which points to take'..." Legal 500 2010

 

 Briony Ballard's practice is also coming along well. Her caseload takes in civil claims, judicial reviews and disciplinary matters, including those involving issues of dishonesty, sexual harassment or victimisation and bullying. She is “a tough, user-friendly practitioner with excellent clarity of thought and speech.” Chambers and Partners 2010

 

Briony Ballard "clearly enjoys being in the courtroom - she is measured and knows when to take points" Legal 500 2009



Nature of Practice

 

 Clinical Negligence: Briony has a broad experience of clinical negligence work in both the medical and dental professions.  She has acted in a wide variety of cases in the High Court and county courts and regularly settles pleadings, draft letters of claim / response and advises in writing and in conference.  Cases in which Briony has acted include the legality of posthumous fertility treatment, peri - and post - operative care, nervous shock following the loss of a baby, failure to obtain a consent to surgical procedures and the prescribing of addictive medication in exchange for sexual favours.

 

Disciplinary Work:  Briony has a keen interest in all aspects of medical and dental disciplinary work.  She represents doctors and dentists before the Interim Orders and Fitness to Practice Panels at the GMC and Interim Orders and Professional Conduct Committees of the GDC.  She recently avoided conditions at the interim stage in respect of a doctor accused of sexual assault.

Briony has also represented doctors faced with performance related inquiries at hearings before the Family Health Services Appeals Authority and medical students before their faculty Fitness to Practice Committees.

 

Inquests: Briony has a wealth of inquest experience.  She has acted for families as well as NHS Trusts / PCTs and individual clinicians.  She has been instrumental in obtaining a number of neglect verdicts for families, including following the loss of a child.  She has also been involved in representing the interests of NHS Trusts / PCTs and individual clinicians in a wide variety of issues including deaths from surgery, deaths of psychiatric patients, deaths in police custody, deaths in prisons, neonatal deaths and deaths following infective processes such as c-diff and MRSA.  In March and April 2009 she was jointly instructed on behalf of two NHS Trusts at an inquest into the deaths of 10 elderly patients, heard in one hearing at Portsmouth Combined Court, whose deaths were suspected of having been unnecessarily hastened by the giving of inappropriate doses of strong opiates.

Briony has also represented Trusts in relation to judiial review proceedings following inquests.

 

Disclosure Applications: Briony has acted in a number of disclosure applications in both the High Court and crown courts in a medical context.  She has represented NHS Trusts in cases in which it is necessary to assert confidentiality in relation to medical records, or manage disclosure, such as those involving child abuse by a familly member.

 

Injunctions: Briony has experience in a number of injunction applications including ex parte injunction involving threats to kill.

 

Personal Injury:  Acting for both claimants and defendants, Briony regularly settles pleadings and provides advice on a wide variety of personal injury claims, including road traffic accidents, accidents at work and accidents on the highway.  She has appeared in both multi and fast track trials.

 

 



Specialist Information

 


Reported and other cases of Interest

 

Millanaise v. (1) South London and Maudlsey NHS Trust and (2) London Borough of Lambeth (2004): Successfully representing an NHS Trust in a claim under section 7(1) of the HRA 1998 alleging breaches of Arts 2 and 14 ECHR in the context of medical treatment.

 

Centre for Reproductive Medicine v. U [2002] Lloyds Rep Med 93 (Divisional Court): legality of posthumous fertility treatment.

 

Kohanzad v. Derbyshire Police Authority [2004] EWCA Civ 1387 (Court of Appeal): concerning case management powers, in particular the power of transfer.



Clients

 


Publications

 


Lectures and Seminars

 
Briony is available to give seminars and presentations on all aspects of medical law and coronial law.

Related Professional Activities

 

Member of

- PNBA

- LCLCBA

- Liberty



Other Information