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Debra Powell

CALLED TO THE BAR 1995

Junior Counsel


Clinical Negligence & Healthcare Profile

Background

 

1976 - 1989 Brighton & Hove High School
1990 - 1993 Nottingham University (BA (Law) 2:1)
1993 - 1994 Research Assistant at the Law Commission

2007            Appointed Treasury Counsel (B panel)

Email: dpowell@3serjeantsinn.com



General Information

 


Directory Comments

 

"Debra Powell is lauded as "highly capable and personable." She takes "a sensitive and constructive" approach when running her cases." Chambers and Partners 2012 

 

'Debra Powell is noted as a highly impressive advocate and negotiator, who is "very scary if you're on the other side." She wins full market approval.'....Chambers and Partners 2011

 

Debra Powell maintains a solid practice that covers civil actions and disciplinary work, as well as police pensions work. Chambers and Partners 2010


The "sharp and forthright" Debra Powell has an enviable reputation for high-quality clinical negligence work. Sources note that she is "excellent at handling experts in conference."  Chambers and Partners 2010



Nature of Practice

 

Clinical Negligence   Debra has considerable experience in all aspects of clinical negligence claims and her practice is fairly evenly spread between claimants and defendants, acting both on her own and as junior counsel in high value claims. She is regularly instructed by the medical defence organisations and by NHS Trusts throughout the country as well as by leading claimant firms.
Debra has experience of mediation in the field of clinical negligence and has undergone training in mediation advocacy.

Medical Ethics   Debra has considerable experience in this field, particularly in urgent applications for decisions on medical treatment for both children and adults, but also in disputes over capacity and the wider decision-making rights and abilities of adults with impaired capacity, including decisions to refuse food. As well as cases involving issues as to capacity, Debra has a particular interest in cases on HIV.

Professional Conduct   Since appearing as junior counsel on behalf of the defence in the GMC Inquiry into Bristol paediatric cardiac surgery Debra has often appeared at the Committees, now Panels, of the GMC.

Mental Health   Debra undertakes a range of mental health work and has published a guide to the Mental Health Act 1983, co-authored with Bridget Dolan, now in its second edition.

Inquests  Debra has extensive experience of appearing for families, hospitals, doctors and others in coroners’ inquests and is co-editor of the Inquest Law Reports.

Public Inquiry   Debra undertakes public inquiry work and was junior counsel for an interested party in the Inquiry into Bristol paediatric cardiac surgery.

Other work   The other substantial part of Debra’s practice is in the field of civil police law, where in civil claims the focus is very much on trial advocacy. She also undertakes work on the medical aspects of police pensions and in judicial review and discipline.

Dispute resolution Debra has significant mediation experience including a high value clinical negligence and personal injury case involving three defendants. She has completed the London Common Law and Commercial Bar Association's mediation training course.

 



Specialist Information

 


Reported and other cases of Interest

 
An NHS Trust v (1) A (an Adult, represented by the Official Solicitor as Litigation Friend) and (2) SA   [2005] EWCA (Civ) 1145 (proposed withdrawal of intensive care treatment against family’s wishes; applying Art 2 ECHR, whether judge entitled to reject evidence of family’s expert that patient had a realistic prospect of recovery).

Bellarby v Worthing & Southlands Hospitals NHS Trust   [2005] EWHC 2089 (QB) (clinical negligence: whether use of toxic drug intravenously for treatment of fungal eye infection outdated and therefore negligent).

Roylance v General Medical Council   [1999] Lloyd’s Rep Med 139 (serious professional misconduct: chief executive of Trust; alleged bias of Chairman).



Clients

 


Publications

 


Lectures and Seminars

 
Debra regularly presents seminars to the medical profession and medical lawyers, particularly on the subjects of consent and capacity. Recent topics have included claims in respect of death and claims for wrongful conception/birth.

Related Professional Activities

 


Other Information