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					David Heaton QC


CALL                  1983 (Middle Temple)


SILK                  2008


PRACTICE AREAS        Personal Injury
                      Clinical Negligence
                      Professional Liability
                      Criminal Injuries


APPOINTMENTS          Recorder 2005
                                                                      E: clerks@byromstreet.com
                                                                          T: 0161 829 2100
ASSOCIATIONS          PIBA
                                                                          F: 0161 829 2101
                      PNBA
                      Northern Circuit Medical Law                     Byrom Street Chambers

                      Association                                         12 Byrom Street
                                                                             Manchester
                                                                               M3 4PP




__________________________________________________________________
_


DIRECTORIES


David Heaton has been consistently recognised as a leading practitioner over many years. His
most recent entries include:


       “David Heaton QC … is applauded for his ‘thorough preparation and outstanding ability’
        when handling birth injury and other maximum severity claims.” (Chambers &
        Partners 2012 – Clinical Negligence)


       “David Heaton QC is ‘straight to the point in his advice.’ Never haughty, despite his
        seniority, he ‘has a keen forensic mind and is a pragmatic negotiator.’ ” (Chambers &
        Partners 2012 – Personal Injury)


       “David Heaton QC focuses his attention on claims involving injuries of the greatest
        severity, and is described as ‘highly analytical with excellent client care skills.’ ”
        (Chambers & Partners 2011 – Clinical Negligence)
      “… a lawyer with a ‘fantastic client manner.’ ” (Chambers & Partners 2011 – Personal
       Injury)


      “David Heaton QC is highly popular among the region’s solicitors as he combines a
       highly analytical mind with a down-to-earth approach. He garners many a brief”
       (Chambers and Partners 2010)


      “David Heaton QC is ‘particularly skilled at managing the expectations of his clients in
       a kind and sympathetic manner”’ “ (Chambers and Partners 2010)


      “David Heaton QC is a ‘very solid all-rounder’ ” (Legal 500 2011)


      “David Heaton QC ‘is exceptional’.” (Legal 500 2010)


      ‘New Silk David Heaton is ‘in a league of his own’. ‘A hard-working, powerful advocate’
       he is ‘a thoroughly solid and sensible performer’ and ‘an incisive thinker who always
       fully prepared’ “ (Chambers & Partners 2009)


      “David Heaton QC is ‘highly analytical and down to earth’ “ (Legal 500 2009)


      “ ‘Works to a high and consistent standard’ and ‘a sensible opponent who does well for
       his clients’. ‘Clients love him’ because ‘he is easy to deal with and always takes a
       balanced view’ “ (Chambers & Partners 2008)


      “Sources admire the “’meticulous’ David Heaton for showing ‘excellent judgment’’.
       ‘Nice fellow’ David Heaton displays ‘exceptional attention to detail’ ” (Chambers and
       Partners 2007)


      “David Heaton is ‘a barrister solicitors really go for’, thanks to his ‘skill with clients who
       find it difficult to take advice’. His ‘reliability and experience’ make him a firm
       favourite among peers’ ” (Chambers and Partners 2006)


_______________________________________________________________


PERSONAL INJURY


David has practised in personal injury litigation throughout his career. He advises and
appears on behalf of both claimants and defendants. He was involved in the Ativan group
action in the 1990s. He now specialises predominantly in high value and complex claims
usually involving brain damage resulting in motor, cognitive, personality and behavioural
changes and spinal injury resulting in tetraplegia and paraplegia. He has wide experience of
the investigation and presentation of issues arising from local authority accommodation and
care.


Representative concluded cases


ES v CICA – Instructed by applicant in a criminal injuries compensation claim where the then
infant applicant had sustained a severe brain injury at the hands of his father resulting in
asymmetric cerebral palsy manifesting itself in severe mobility, intellectual impairment,
significant communication problems and visual difficulties. The applicant had epilepsy and
behavioural problems. He lacked capacity to manage financial matters of any sort. He
required 24 hour care and special schooling. The CIC panel made an award of £5.7million on
a 100% basis but reduced this by the uprated value of an approved clinical negligence
settlement on a partial recovery basis arising from the same facts where the hospital had
failed to recognise that the applicant had suffered some non accidental injuries and
discharged him home to the care of his father who then caused the brain injury. The net
value of the award was £2.7million.


B v S – Instructed by defendant in a claim by a female claimant with long life expectancy
claimed substantial periodical payments of damages for future care and case management
where on a conventional basis claim valued at in excess of £7.5m


B v F & MIB – Instructed on behalf of Polish claimant suffering orthopaedic, neurological and
urological and colo-rectal injuries in accident at work in England and who had returned to live
in Poland recovered substantial damages for future loss of earnings and future care


K & K C – Instructed by defendant in Fatal Accident Act claim where the claim for
dependency was founded on the premise that it was contended that the deceased graduate
would have opened a successful private school in Pakistan


Wright v Sullivan [2005] EWCA Civ 656 – Instructed by the claimant in an appeal in
which the Court of Appeal held that a case manager appointed by a severely injured person to
assist her owed duties to the patient alone and had to make decisions in the best interest of
the patient. Her role would be that of a witness of fact and not an expert and she should not
be appointed by the parties jointly.


McLaughlin v F & B Limited (Simon J. 7/2/2003) – Instructed by the defendant in a claim
by a tunnel miner where it was held that he have only worked to age 55 years [and not to
age 60 or 65 as he contended] because of supervening lupus.
White v Fell (1987 unreported) – Instructed by the defendant in the first case in which
the test for mental capacity was expounded by Boreham J. which decision which was later
followed in Masterman Lister v Jewell & Home Counties Dairy


Representative current cases


   Instructed on behalf of claimants who are Commonwealth citizens who sustained Non
    Freezing Cold Injuries during British Army training as a result of which they have been
    medically discharged thereby losing the opportunity to acquire British Citizenship and o
    live and work in the UK


   Instructed by claimant in brain injury claim where capacity to litigate and manage own
    property and affairs are both in issue


   Instructed by defendant in brain injury claim where there are significant issues as to pre-
    accident potential to work and to live independently


_______________________________________________________________


CLINICAL NEGLIGENCE


David has extensive experience of all types of clinical negligence litigation both for claimants
and defendants including:


       Midwifery/obstetric mismanagement involving IUGR, inadequate CTG monitoring,
        excessive use of syntocinon, twin deliveries and mismanagement during labour of
        cord prolapse, maternal pre-eclampsia, previous Caesarean section and shoulder
        dystocia


       Neonatal mismanagement involving an erroneous injection of potassium sulphate,
        hypoglycaemia, persistent pulmonary hypertension, GBS infection and retinopathy of
        prematurity


       Failures to diagnose and treat meningitis, sub-arachnoid haemorrhage, a brain
        tumour, other cancers, pyloric stenosis, ectopic pregnancy, acute pancreatitis, cauda
        equina syndrome, cardiac disease and stroke
Representative concluded cases:


AB v Central Manchester University Hospitals NHS Foundation Trust – Instructed by
the claimant in a claim for damages for cerebral palsy where the approved settlement
comprised a contingency sum and substantial ASHE-Linked periodical payments for future
care and case management which, on a conventional basis, was valued at over £4.8 million.


Tameside & Glossop Acute Services NHS Trust v Thompstone [2008] EWCA Civ 5 –
The Court of Appeal upheld the decisions of judges in three cases at first instance that
periodical payments for future care and case management should be indexed to ASHE 6115
at the relevant percentile rather than to the RPI.


Smart v East Cheshire NHS Trust [2003] EWHC 2806 (QB) – Gage J. gave guidance on
the proper approach to a cost capping application made by a defendant in a single claimant
clinical negligence action.


D v S & B NHS Trusts – Instructed by the claimant in a Fatal Accident Act claim arising out
of negligent failure to diagnose and treat a sub-arachnoid haemorrhage


F v EL Health Authority – Instructed by the claimant in a claim where a substantial
settlement was approved including full ASHE-indexed periodical payments for future care and
case management with passive reverse indemnity where claimant had been receiving PCT
nursing care and local authority direct payments


D v C&MSHA – Substantial settlement approved in brain injury claim where liability disputed
in claim arising out of alleged failure adequately to re-hydrate infant prior to surgery for
pyloric stenosis in early 1960s


Representative current cases:


      Instructed by claimant with cerebral palsy alleged to have been caused by negligent
       delay in hospital delivery


      Instructed by claimant who suffered brain damage where there was an admitted delay
       in the diagnosis and treatment of a brain tumour in the 1980s and where the
       causation issues include what the treatment and outcome would then have been


      Instructed by claimant with asthma who developed osteoporosis allegedly caused by
       the   negligent over-prescribing of steroids and failure to make early referral to
       respiratory physician
      Instructed by claimant where issue is whether, due to the impossibility of        proving
       causation on the “but for” test, the claimant is entitled to damages on the ground that
       the defendant’s alleged negligence materially contributed to the cumulative damage
       resulting in his cerebral palsy
______________________________________________________________________


PERSONAL INFORMATION


Born: 26 October 1960
Educated at Corpus Christi College, Cambridge and the Inns of Court School of Law
Married with 5 children
Enjoys walking, reading and cooking
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LECTURES, SEMINARS AND PUBLICATIONS


Regularly provides lectures and seminars to PIBA, solicitors and healthcare professionals.
Recent topics include “Controlling costs by costs capping orders and costs estimates”,
“Periodical payments since Thompstone”, “Causation and claims against General
Practitioners,” “Legal Update 2009” and “Essential Court of Protection Issues for Personal
Injury and Clinical negligence Practitioners”.

				
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