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Neil Davy

CALLED TO THE BAR 2000

Junior Counsel


Clinical Negligence & Healthcare Profile

Background

 
1995 Merchant Taylors’ School for Boys
1996-9 Lady Margaret Hall, Oxford University, Jurisprudence Class II.1
2000 Awarded Astbury Scholarship and Campbell Foster Prize for results in the Bar Vocational Course by the Middle Temple
2000-1 Pupillage at 4 New Square and 3 Serjeants’ Inn

Email: ndavy@3serjeantsinn.com 


General Information

 


Directory Comments

 

Neil is recommended in clinical negligence by leading legal directory Chambers & Partners:

 

'Neil Davy is singled out by interviewees as one to watch. He is gaining a great deal of experience across the full spectrum of clinical negligence work, and is already very highly rated by clients.'.... Chambers and Partners 2011

 

Neil Davy, is considered to be “reliable counsel.” Davy also handles a quota of information work. Chambers and Partners 2010

 

'Reliable and approachable,” Neil Davy is developing a strong reputation for his clear, practical advice and impressive paperwork...' Chambers & Partners 2009

 

'...building a considerable reputation in the field... is Neil Davy whose “indefatigable approach” plays particularly well with instructing solicitors.' Chambers & Partners 2008



Nature of Practice

 

Medical: Neil undertakes a wide variety of medical work, especially complicated or technical medical or dental cases. He has extensive experience of drafting statements of case, advising and representing defendants and claimants in interim hearings and at trial. Neil is recommended in clinical negligence by leading legal directory Chambers & Partners - which remarked that he was "building a considerable reputation in the field". Neil also has a special interest in procedural issues and appeared in the Court of Appeal in Steele v Mooney [2005] The Times, 15 Feb 2005 (service of claim forms). He has a good appreciation of the advantages and limitations of ADR and has acted on behalf of claimants and defendants in mediations.

 

Disciplinary: Neil regularly appears at the GMC and GDC at IOP and FTP hearings dealing with a broad spectrum of misconduct and performance issues. He has been involved in high profile GMC cases and has also advised in relation to procedural matters such as responding to delays in prosecution and prosecution of charges over five years old.

 

Inquests: Neil has represented numerous trusts, doctors, and families at inquests including those raising issues of neglect and unlawful killing.

 

Employment: Neil has acted for many major corporations in high value employment disputes including those relating to discrimination, whistle blowing and bonus entitlements. Neil's background in medical and disciplinary work has given him an in-depth understanding of how the medical professional operates. He has been involved in many employment claims on behalf of NHS trusts in relation to pension disputes and unfair dismissal and discrimination claims. He has also acted for general practitioners in relation to partnership disputes.

 

Data protection: Neil has considerable experience in relation to advising on the effect of the Access to Health Records Act 1990 and the Data Protection Act 1998. He has also appeared before the Information Tribunal in appeals relating to the Freedom of Information Act 2000 and also before crown courts in relation to public interest disclosure applications.



Specialist Information

 


Reported and other cases of Interest

 

Ram v Brighton & Hove Bus and Coach Company - 18th March 2010

Neil won a claim on behalf of a Defendant in which his client had made an early offer to the Claimant that if the Claimant discontinued, it would accept such a discontinuance on the basis that the Claimant paid 75% of the Defendant's costs.  Neil successfully argued that although the offer did not amount to a formal Part 36 Offer, the Court should exercise its discretion and order the Claimant to pay the Defendant's costs on an indemnity basis from 21 days after the date of the offer.  In particular, the Court accepted that in a case where the Defendant was confident of success, it could not make a Part 36 Offer as this would have the effect of requiring the Defendant to pay the Claimant's costs and that accordingly the offer that was made was a reasonable one and should have been accepted.

 

Bluck v Information Commissioner and Epsom & St Helier University NHS Trust [2007] - Neil acted for the NHS trust in this case concerning the disclosure of a deceased patient's medical records.

 

Steele v Mooney [2005] The Times 15 February 2005 (service of claim form)



Clients

 


Publications

 


Lectures and Seminars

 
Neil gives seminars and lectures on all his practice areas, including one on the cost consequences of failing to mediate and a series of lectures on procedural issues.

Related Professional Activities

 

Professional Negligence Bar Association

London Common Law and Commercial Bar Association



Other Information