Personal Details
| Education: |
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BA (Jurisprudence) B.C.L. 1st Class, Worcester College, Oxford |
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| Professional Associations: |
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Personal Injury Bar Association (PIBA) Professional Negligence Bar Association (PNBA) Association for Victims of Medical Accidents (AVMA) |
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| Appointments: |
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Assistant Recorder 1988 Silk 1991 Recorder 1992 Deputy High Court Judge 1994 Head of Chambers 1998 - 2007 President of the Mental Health Review Tribunal |
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| E-mail: |
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stuart.brown@parklaneplowden.co.uk |
Introduction
Chambers and Partners Guide to the Legal Profession - 2009 - Stuart Brown QC, whose expertise in catastrophic injury cases has won him "a truly great following." A leading example of the high-profile significance of Brown's work is his appearance before the House of Lords on Young v Catholic Care and the Home Office.
With his "passion for justice," in Clinical Negligence case, the urbane and yet down-to-earth" Stuart Brown QC is known for dealing with high-value cerebral palsy cases and those involving local authority provision. Sources note that he "amasses information impressively quickly and takes great care of his clients."
Chambers and Partners Guide to the Legal Profession - 2007 - "The 'top-notch' Stuart Brown QC remains at the forefront of personal injury work. Interviewees were quick to pin-point his 'brillliant intellect' and 'hard-working attitude' as reasons for his success. He specialises in catastrophic injury cases with particular emphasis on employers' liability and industrial disease. He is also an expert in multiparty actions, an expertise that was put to the test when he represented claimants in the high-profile British Coal litigation."
Stuart is specifically recommended in respect of his clinical negligence work, " [he] has the North East covered for clinical negligence work. He wins applause throughout the marketplace for his exemplary judgement and considerable analytical skills."
The 2007 publication states that Stuart, "possesses an 'analytical brain'. His 'straightforward knowledge' is a boon to solicitors who also appreciate his 'talent for fighting a fight with all his might'. "
Both as a junior and in silk his 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 he continues, on occasions, to appear in criminal and family matters particularly where medical issues arise.
As a part-time sitter (6 weeks p.a.) 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.
He is past President Leeds and West Yorkshire Medico-Legal Society and a regular lecturer/writer on personal injury and clinical negligence topics.
Specialist Practice Areas
Clinical negligence
Employers’ liability, including industrial disease
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 (below) and litigation in a range of light and heavy industry.
Hepatitis C transfusion litigation - AB -v- National Blood Transfusion Service (below).
Trilucent Breast Implants
Selected Reported Cases
Legal Services Commission v Rasool [2008] All ER (D) 43 (Mar); [2008] WLR (D) 75.
Limitation case concerning an action to recover costs under a revoked legal aid certificate.
Catholic Care and Home Office -v- Young [2007] 1 All ER 895
Limitation in case of historic sex abuse.
Bright BJ (a minor by her father and litigation friend Peter Bright) v Barnsley District General Hospital NHS Trust [2005] Lloyds Rep Med 449 ; LTL/31/1/06
Cerebral palsy caused by profound hypoxia at 36 weeks. Failure to diagnose IUGR.
Dowson -v- Sunderland H.A. [2004] Lloyds Law Rep. Med 177
Cerebral palsy alleged to have arisen consequent upon cerebral infarct.
Re X Trust [2002]
Wrongful insemination of a mother with another man’s sperm.
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.
Selected Published Articles
Journal of Personal Injury Law, Issue 2, 2008 - "Limitation - still something of a lottery?"
Crofton -v- NHSLA - a commentary J.P.I.L. 2007
Local Authority Care Costs J.P.I.L. 2002
Green Light for Product Liability Claims Clinical Risk 2000
Recent Examples of Clinical Negligence and Personal Injury Work
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.
He is frequently concerned with recent developments as to periodic payments (indexation), state funding (on which he has written and regularly lectured) and reverse indemnities. He appeared in the recent judicial review case of B -v- CICA [2007] EWHC 180 (QB) where the issue of state funding was investigated in a criminal injuries claim.
Interesting recent clinical negligence cases have involved fetal alcohol syndrome, twin to twin transfusion and the standard of care expected from a mental health unit where there was a known suicide risk.
Recent Examples of Lectures
Stuart frequently lectures to solicitors both in-house and at large events organised by external bodies. Recent examples include:
AvMA Annual Conference, Brighton (June 2008) - keynote speaker
Irwin Mitchell Clinical Negligence Masterclass (March 2008)
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