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Profile Pritesh is a versatile barrister with a broad junior

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					                                         Pritesh Rathod
                                         Call: 2006

                                         pritesh.rathod@1cor.com

                                         Primary Areas of Practice

                                         Personal Injury
                                         Clinical Negligence
                                         Professional Negligence
                                         Contract and Commercial
                                         Inquests
                                         Professional Discipline
                                         General Common Law




Profile

Pritesh is a versatile barrister with a broad junior practice. He regularly appears in
County Courts, the High Court and the Court of Appeal in wide a range of hearings,
with a particular strength in trials and appeals. His Court appearances are mainly
related to clinical negligence and personal injury cases but he accepts instructions
across a wide spectrum of common law areas.

Clinical Negligence

Pritesh’s main area of practice is clinical negligence. He represents both claimants
and defendants. His experience ranges from low value claims to multi-million pound
claims and across the full range of medical specialisms. He has a significant amount
of courtroom experience, appearing in applications, trials and appeals. In May
2013, he successfully appeared in the Court of Appeal, having obtained a strike out
in a case where it was alleged that the Claimant had received full compensation for
her claim in previous proceedings. He also successfully appeared in an appeal
relating to the use of employment experts in a brain injury claim. Pritesh has a
special interest in quantum issues and is particularly proficient at drafting schedules
and counter-schedules. He also has an interest in fatal accident claims.

Personal Injury

Pritesh is regularly instructed in personal injury claims by claimants and defendants.
His extensive personal injury experience includes road traffic accidents (including
untraced driver claims), occupiers’ liability claims, employers’ liability claims and
industrial disease claims. He also undertakes criminal injuries compensation cases.
He conducted an appeal against an award by the Criminal Injuries Compensation
Authority in respect of a brain injury sustained following a vicious attack by a work
colleague, leaving the applicant with significant disabilities.

Inquests

A significant part of Pritesh’s practice includes Coroners’ Inquests. He frequently
appears in the Coroners’ Court to represent families and medical practitioners. He
appeared in a nine day Middleton inquest representing an ambulance Trust, in a
case arising out the death of a man in police custody at a mental health hospital.
Pritesh also appeared on behalf of the family in a widely reported inquest relating to
the death of a 13-year-old schoolboy outside Worth School

Conflict of Laws

Pritesh has a particular interest in cases involving foreign jurisdictional/choice of law
issues. He has advised in a number of cases involving injuries sustained abroad,
including a personal injury case arising out of an accident on holiday in the Maldives
and a clinical negligence claim against a Swiss orthopaedic surgeon. He is currently
instructed in a claim in Hong Kong arising from brain injuries allegedly sustained
during birth.

Professional Discipline

Pritesh’s practice includes Professional Discipline work and he has advised and
represented GPs in relation to GMC Fitness to Practise proceedings. He defended a
social worker at a five day hearing at the General Social Care Council, who was
accused of inappropriate behaviour towards a vulnerable adult service user. He has
also represented Bar Professional Training Course students and the Bar Standards
Board before the Visitors to the Inns of Court and the Inns’ Conduct Committee. He
successfully represented a student before the Inns’ Conduct Committee who was
facing expulsion from her Inn for failing to declare a bankruptcy on her Admission
Form. He was appointed as a Clerk to the Bar Disciplinary Tribunals by the Council
of the Inns of Court and so has a substantial amount of knowledge of the work of
this particular tribunal.

Professional Negligence

He is developing his professional negligence practice. He has experience in
accountants', bankers', builders', vets', solicitors', surveyors’ and insurance brokers'
negligence claims, representing claimants and defendants. He undertakes the full
range of paperwork and Court work in relation to such claims. Clients appreciate his
concise, commercially sensitive and easy to understand advice.

Commercial/Common Law

Pritesh is keen to maintain a broad common law practice and is frequently instructed
in a wide range of cases, particularly contract and tort cases (including commercial
cases). His work covers areas as varied as fraud, restitution, malicious prosecution,
misfeasance in public office and insurance law.
Qualifications

Bar Vocational Course – Very Competent (BPP Law School, 2006)
LLB Hons – First Class (King's College London, 2005)

Appointments

Current
2012 - Bar Council Social Mobility Committee Member

Past
2009 – 2013 - Secretary to South Eastern Circuit Minorities Committee
2009 – 2013 - South Eastern Circuit Committee Member
2011 – 2012 - Bar Council Training for the Bar Committee Member
2009 – 2012 - Clerk to the Bar Disciplinary Tribunals
2009 – 2012 - South Eastern Circuit Law School Liaison Officer

Publications

When is it Appropriate to Rely on an Employment Expert? A Consideration of
Turner v Walsall Hospital NHS Trust [2013] EWHC 1221 (QB), PI Brief Update Law
Journal, June 2013

Case commentary on R (Compton) v General Medical Council [2008] EWHC 2868
(Admin), The Regulator, September 2009

Academic Achievements and Scholarships

Pritesh was awarded the Graveson Prize in Conflict of Laws (King’s College
London, 2005) (best paper); Pump Court Tax Chambers Prize in Tax Law (King’s
College London, 2005) (best paper); Benefactors’ Scholarship, (Middle Temple,
2005) and the Blackstone Entrance Exhibition, (Middle Temple, 2005).

In addition, whilst at University, Pritesh reached the semi-finals of the Inner Temple
Inter-Varsity Moot Tournament (2005), the final of the King’s College Bar Society
Mooting Competition (2005) and won the Baker & McKenzie Moot Cup (2005).

Significant cases

Seear v St George’s Healthcare NHS Trust [2013] EWCA Civ 491– successfully
represented the respondent (defendant) resisting an application for permission to
bring a second appeal in a clinical negligence claim, having previously obtained a
strike out at first instance and resisted a first appeal. The clinical negligence claim
was struck out because the claimant had been compensated for her injuries in a
previous road traffic accident claim. The applicability of Jameson v Central
Electricity Generating Board [2000] 1 AC 455 and Heaton v AXA Equity and Law
Life Assurance Society [2002] 2 AC 329 was in issue.

Turner v Walsall Hospital NHS Trust [2013] Med LR 379, [2013] EWHC 1221 (QB)
– successfully represented the respondent (defendant) in an appeal against the
decision of a Queen’s Bench Master, dismissing an application for permission to rely
on an employment expert in a high value clinical negligence case. The case
involved a brain injured child who resided in Jersey. It was argued on behalf of the
appellant that English employment statistics were not applicable and so an expert
was required.

Re: KP (2012, Inns’ Conduct Committee) – represented a Bar Professional Training
Course student in a disciplinary hearing for failing to disclose a previous bankruptcy
on her Inn Admission Form. The student had a previous disciplinary finding and was
facing expulsion from the Inn. After hearing evidence and submissions, the Panel
imposed a sanction of postponement of Call to the Bar.

Dennis Walker v Hull & East Yorkshire Hospitals NHS Trust (2012, Sheffield County
Court) – successfully represented the defendant Trust in a four day Trial involving
the failure to diagnose small-cell lung cancer. Breach of duty had been admitted,
leaving causation as the sole issue.

Branson v Malone (2011, Brighton County Court) – successfully represented the
respondent (defendant) in a two day appeal in a malicious prosecution claim, having
obtained summary judgment against the claimant at first instance (the details for
which can be found here).

WO v CICA (2011, First-Tier Tribunal) – conducted an appeal against an award by
the Criminal Injuries Compensation Authority in respect of a brain injury sustained
following an attack by a work colleague, leaving the applicant with significant
disabilities. Obtained an award in excess of £160,000 (after deduction of benefits
and a discount to reflect a delay in making the claim).

GSCC v CF (2011, General Social Care Council) – represented a social worker at a
five day disciplinary hearing, arising out of complaints that he behaved
inappropriately towards a vulnerable adult service user. This case involved the
cross-examination of a vulnerable adult and a child, both of whom had the benefit of
special measures.

An Inquest Touching Upon the Death of Jason Murray (2011, Gravesend Coroners
Court) – represented the South East Coast Ambulance Service at a nine day
Middleton inquest before a jury, arising out of the death of a man who collapsed
whilst in a leg-lock restraint-hold in police custody at a mental health hospital.

Personal

Pritesh is fluent in Gujarati. He is a keen follower of all sports, but in particular, he
likes watching and/or playing tennis, cricket, football, snooker, golf, swimming and
MMA. Pritesh is also a qualified tennis umpire, approved by the Lawn Tennis
Association (Grade U3/L4) and is a member of the Association of British Tennis
Officials. He volunteered as a Games Maker for the London 2012 Olympic and
Paralympic Games in the capacity of a field of play attendant for the tennis and
wheelchair tennis events.
Pritesh is also keen to assist students in their legal careers. He was the South
Eastern Circuit’s Law School Liaison Officer and is currently a member of the Bar
Council’s Social Mobility Committee. He frequently judges moots and attends
student careers events.

				
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