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Jonathan Holl-Allen

CALLED TO THE BAR 1990

Junior Counsel


Clinical Negligence & Healthcare Profile

Background

 
1979-1984 St Edward’s School, Oxford
1985 Toronto French School [Exchange Scholar]
1985-1989 Corpus Christi College, Cambridge [MA (Law) Class IIi; LLM]

Email: jholl-allen@3serjeantsinn.com

General Information

 


Directory Comments

 

Jon is recommended in clinical negligence by the Legal 500, and in clinical negligence and professional discipline by Chambers & Partners:

 

  

'Jonathan Holl-Allen appears before various disciplinary bodies, and presents as "conscientious, fair and even-handed.".... Chambers and Partners 2011

 

Jonathan Holl-Allen, whose "calm and methodical approach lends authority to his advocacy." Solicitors believe that "his judgement in presenting cases both orally and in writing is excellent." Chambers and Partners 2010


Jonathan Holl-Allen is "a fine courtroom performer" who gets good results. Chambers and Partners 2010

 

'Jonathan Holl-Allen is “more than able to deal with most things thrown at him - very astute, he picks up on the issues and presents them to the court very well.”' Chambers & Partners 2009

 

'A barrister on the rise, Jonathan Holl-Allen is admired by solicitors as an “outstanding, well-prepared and thorough advocate who is reasoned in his analysis and able to wipe the floor with opponents in court.”' Chambers & Partners 2009



Nature of Practice

 
Clinical Negligence  Jon has considerable trial experience in the High Court and County Court both on his own and also as junior counsel in high value claims.

Trial experience includes:

Cases involving accident and emergency medicine (stroke after anaphylactic reaction to wasp sting).
Acute colitis (delay in referral by GP).
Cardiology (the indications for coronary angiography).
Delayed diagnosis of breast cancer (causative effect of 6-9 month.
Delay in referral by GP).
General surgery (informed consent prior to vasectomy).
General medicine (fatal case: pulmonary embolism).
Gynaecology (dispute on histological evidence as to when perforation of uterus occurred).
Intensive care medicine (bronchospasm/extubation causing hypoxia on ITU).
Laparoscopic surgery (gynaecological procedure).
Orthopaedics (nerve damage following hip replacement surgery).
Spinal surgery (back and leg pain following discectomy).

Mental Health experience  Jon acted as counsel in the Georgina Robinson inquiry in Torbay with Nicola Davies Q.C. This looked into death of occupational therapist at hands of paranoid schizophrenic patient. The Inquiry involved a wholesale review of the mental health history of the offender which involved his care in hospital, Broadmoor and in the community. The inquiry examined the provisions of, and procedures relating to, Mental Health Act 1983 in some detail.
He has also been instructed in clinical negligence cases involving the care of psychiatric patients. Including a High Court case involving a patient detained in hospital under the MHA who escaped and was severely injured in a road traffic accident nearby and a case in which a care assistant was killed by a paranoid schizophrenic patient in a MIND hostel.

Coroners’ Courts  Jon has extensive experience of coroners’ inquests, acting for families, Trusts and Medical Defence Organisations, including in cases in which unlawful killing (in the medical context) has been a potential verdict.
Among the very many inquests in which Jon has been instructed involving medical issues was a lengthy inquest involving a death in custody at a police station. He acted for the police surgeon who together with the officers on duty faced allegations that there had been an unacceptable delay in establishing that a man detained for being drunk and disorderly was in fact suffering from a fractured skull.

Professional Conduct and Performance  Jon has extensive experience of the General Medical Council and General Dental Council, in particular:
The Professional Conduct Committee of both bodies and the Interim Orders Committee of the General Medical Council.
He also appears before the following further Committees of the General Medical Council, namely:
The Health Committee.
The Assessment Referral Committee.
The Committee on Professional Performance.
The Registration Committee.

Employment  Jon has acted for Trusts and individual doctors and dentists in cases involving:
Wrongful dismissal.
Unfair dismissal.
Race and sex discrimination.
Paragraph 190 of the Terms and Conditions of Service of Medical and Dental Staff.

Court of Appeal  He has appeared in the Court of Appeal on limitation, breach of duty, causation and procedural issues.

Judicial Review  Instructed in judicial review cases in the medical and dental fields.



Specialist Information

 


Reported and other cases of Interest

 
Parry v North West Surrey Health Authority   [1994] 5 Med LR 259 (obstetric brain damage: liability and causation)

Boot v Boot   [1996] TLR 284 (CA: Limitation Act 1980, sections 5 and 6)

Hutton v East Dyfed HA   [1998] Lloyds Rep Med 335 (fatal pulmonary embolism: liability and causation)

Parry v North West Surrey Health Authority   [2000] TLR 2 (whether interest on interim payments to be taken into account in final assessment of damages)

R v Regional Director of Public Health (Trent) ex p Dr X   [2001] Lloyds Rep Med 338 (judicial review: circumstances in which alert letters required to be withdrawn)

GMC v Sreenath   [2002] UKPC 56 (GMC: circumstances in which cases can be transferred from the conduct to the health procedures under rule 51 of the Procedure Rules)

Experience in the professional conduct and performance fields include:  
An appeal from the Professional Conduct Committee of the GMC to the Privy Council.
An appeal by a GP against a refusal to renew his approval as a GP trainer.
Appeals from medical and dental discipline committees.
Advisory work/representation in FHSAA appeals and concerning the exercise by PCTs of functions under section 49 of the National Health Service Act 1977.
Judicial review of decisions by Committees of the GMC.



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Publications

 


Lectures and Seminars

 


Related Professional Activities

 


Other Information