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Stuart Brown QC (Also Leeds)

CALLED TO THE BAR 1974

Queen's Counsel


Medical Profile

Background

 

Worcester College, Oxford 1969-1973
B.A.(Jurisprudence) B.C.L. (1st Class)
Recorder 1992
Deputy High Court Judge 1994
President Mental Health Review Tribunal
Park Lane Chambers, Leeds - former Head of Chambers
Leader of North Eastern Circuit (2008 onwards)




General Information

 


Directory Comments

 


Nature of Practice

 
Both as a junior and in silk principal practice has been personal injury and clinical negligence with emphasis on catastrophic injury claims; he has been instructed in a number of major group actions.

However continues, on occasions, to appear in criminal and family matters particularly where medical issues arise.

As a Deputy High Court Judge/Recorder he has been the first instance judge in a number of important reported first instance decisions most notably the wrongful birth case of Rees v Darlington Memorial Hospital.

Past President Leeds and West Yorkshire Medico-Legal Society and a regular lecturer/writer on personal injury / clinical negligence topics.

In the recent past  Much of his time has been occupied with progressing and settling claims for catastrophic injury arising from road traffic or other accidents and in particular those involving cerebral palsy consequent upon alleged obstetric/paediatric negligence.
Particularly interesting cases involved twin -to- twin transfusion, fetal alcohol syndrome and the standard of care to be expected in low birth weight cases.

A very large settlement was reached in a case where the (agreed) cause of cerebral palsy was injury sustained to the growing fetus in utero.

Fought cases included that of Dowson (above) and most recently a case involving surgical removal of a large brain tumour in a young child with unhappily major neurological consequences.

The changes in the structure market have meant increased involvement post conventional settlement.

On the family side has continued to be involved in the compensation claim arising out of the IVF “mix-up” and has acted for the defence in a murder case where serious medical issues arose as to the cause of death.



Specialist Information

 


Reported and other cases of Interest

 
Group Actions  

Benzodiazapine Litigation   - advisory only.

British Coal Respiratory Disease   - Joint leading Counsel for Claimants in longest ever personal injury case leading to settlement scheme for 80,000+ Claimants.

Industrial Deafness   - Thompson v Smiths Shiprepairers and presently advising in renewed litigation in textile industry.

Hepatitis C transfusion litigation   - AB v National Blood Transfusion Service.

Trilucent Breast Implants  

Selected Reported Cases   -

Dowson v Sunderland H.A. 2004 Lloyds Law Rep. Med 177  Cerebral palsy alleged to have arisen consequent upon cerebral infarct.

AB v National Blood Transfusion Service 2001 3 All ER 289  Product liability claim on behalf of hepatitis C transfusion recipients.

Palmer v Marks & Spencer PLC 2001 EWCA Civ 1328  Application of Working Places Regulations to minor tripping hazard.

Schofield -v- Chief Constable of West Yorkshire Police 1998 1C.R. 193  Nervous shock sustained by policewoman following firearms discharge.

Swain -v- Puri 1996 P.I.Q.R. P442  Child trespasser - ambit of 1984 Occupiers Liability Act.

Hepworth -v- Kerr 1995 Med L.R. 139  Damage sustained under hypotensive anaesthesia.

National Rivers Authority v Yorkshire Water (H.L) 1995 A.C. 444  Liability of statutory body for escape of sewage caused by act of third party.

Diboll -v- City of Newcastle upon Tyne 1993 P.I.Q.R. P2  Apportionment between Defendants - principles upon which appellate court intervenes.

Thompson -v- Smiths Shiprepairers 1984 1 All E.R. 881  Leading authority on industrial deafness.

Saunders -v- Leeds Western Health Authority 1984 129 Sol Jo 225  res ipsa application to anaesthetic mishap.



Clients

 


Publications

 


Lectures and Seminars

 


Related Professional Activities

 


Other Information