James Watson QC

CALLED TO THE BAR 1979

Queen's Counsel

Medical Profile

Background

2007 Appointed joint Head of Chambers

2006 Appointed Recorder (Western Circuit, crime)
2000 Appointed Queens Counsel
1994/5 CEDR accreditation
1979 Called to the Bar
1975-78 Cambridge University

Email: jwatson@3serjeantsinn.com

Directory Comments

James Watson is recommended in leading legal directories Chambers & Partners and the Legal 500 in clinical negligence, in Chambers for police law and in the Legal 500 for professional discipline.

JamesWatson QC is “a creative and pragmatic legal thinker” who gets results. Chambers and Partners 2010

James Watson QC's attention to detail was much commented upon. Praised for "picking up on issues that the experts miss," he has a particular aptitude for "handling complex cases where it is appropriate and necessary to take novel and imaginative approaches to achieve the correct result.” Chambers and Partners 2010

James Watson QC has the "ability to handle complex cases and take imaginative approaches" Legal 500 2009

"...instils 'absolute confidence' due to his intellectual ability..." Legal 500 2008

"Solicitors rave about James Watson QC, with one stating that “he is probably the most intelligent person I’ve ever met.” Chambers & Partners 2009

"A 'measured, lateral thinker,' he is 'a highly capable performer who gets right into the detail'.” Chambers & Partners 2009

Nature of Practice

Clinical negligence
James is experienced in a wide range of clinical negligence claims. He has acted in a large number of such cases involving brain injury sustained at the time of birth and similar maximum severity injury claims. James also has expertise in other types of obstetric, wrongful birth and nervous shock cases. His practice is evenly spread as between claimants and defendants.
Medical discipline
James Watson has frequently represented both doctors and dentists in disciplinary proceedings before the General Medical Council and General Dental Council. He has acted in a nationally important disciplinary inquiry into breast screening services.
Inquests
James has wide experience of inquests involving clinical issues, including in particular those relating to the deaths of psychiatric patients.
Inquiries
James has acted in medical inquiries including in cases involving NHS Tribunal and HC(90)(9) hospital inquiries. He also acted in an inquiry into the provision of breast screening services.
Mediation
In addition to his practice as a barrister James regularly undertakes mediation work. He has more than a decade of experience as a mediator and as an advocate. In the clinical negligence field in particular his mixed claimant and defendant practice gives him a helpful perspective enabling him to assist parties in their efforts to resolve claims. James is listed in the Bar Council's top category of mediators.

Reported and other cases of Interest

GMC v Dr Heath   [June 2009]   FTP hearing relating to forensic pathologist
Thompstone et al [2008] EWHC 2948 (QB) The court set out a model periodical payments order for use in personal injury cases Judge Sir Christopher Holland said, “I have had the benefit of admirable representation [including] ……… James Watson Q.C………. As observed by other judges, these leading counsel have evinced exceptional mastery (fuelled by substantial input from experts) of “the mechanics and methods of indexation” and the court and their clients could not have been better served.”
Smith v Sheridan [Nov 2007] Max severity clin neg claim involving periodical payment indexation issues against a non-NHS defendant.
Ellis Jones v Brighton & Sussex NHS Trust [Feb 2007] Max severity clin neg claim settled on terms awaiting periodical payment indexation issues
Onile Ere v Royal Berkshire NHS Trust [May 2007] Max severity clin neg claim settled on terms awaiting periodical payment indexation issues
GMC v Patterson - GMC FTP hearing relating to alleged racial discrimination
Ghosh v Northumberland PCT [May 2007] FHSAA appeal
GMC v Dr McWilliam [February 2007] Conduct case
Rivers v Royal Berkshire NHS Foundation Trust [2006]
GMC v Srivastava [2006] (voluntary erasure from the medical register)
Gardner v Northampton General [2006]
Haynes v Sunderland Health Authority [2006]
Durber & Durber v Swansea NHS Trust [2006]
GMC v Blanchard [2006] (removal of transplanted kidney instead of diseased kidney)
Fotedar v St. George’s Hospital NHS Trust [2005] EWHC 1327 (QB) (obstetric negligence – baby left brain damaged following ventouse delivery where the mother was not fully dilated and there was cephalopelvic disproportion)
Mercer v Royal Surrey County Hospital NHS Trust   [2000] MLC 0289 (obstetric negligence)
Ebony Wilson v Brighton Healthcare NHS Trust   [2000] MLC 0159 (brain damage at birth)
Bishop v Berkshire HA   [1999] Med LR 16 (obstetric brain damage claim)
Farthing v North East Essex HA [1998] Med LR 37 (Limitation Act Appeal)
Stephens v Doncaster HA   [1996] 7 Med LR 357 (Brain Damage Quantum claim)
R v Adomako   [1994] 3 All ER 79 (HL) (Manslaughter by gross negligence by an anaesthetist).
Tredget v Bexley HA   [1994] 5 Med LR 178 (nervous shock medical negligence claim)
Sa’ad v Robinson and Others [1991] Med LR 41 (infant brain damage claim involving emergency paediatric care)

Related Professional Activities

Member of the Professional Negligence Bar Association, the London Common Law and Commercial Bar Association, long-standing member of CEDR
Contributing editor to the Lloyds Medical Law Reports.