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Sophie Watson acts for family in inquest into the preventable death of Miss Maureen Durkin contributed to by neglect

<!-- wp:paragraph --> <p>Miss Durkin was a 68 year old woman who tragically died following a bowel perforation which led to septicaemia. Following an inquest at Bolton Coroners Court, Assistant Coroner John Pollard found that the care provided by the hospital fell below the level expected in all major hospitals and concluded that Miss Durkin’s death was due to natural causes contributed to by neglect.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Miss Durkin underwent a CT scan which was reported 7 days later, and stated Miss Durkin had a bowel tumour. Upon receipt of the report, the hospital called in Miss Durkin immediately for emergency surgery.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>On arrival to the hospital, on 28.04.23, the clinicians decided Miss Durkin required surgery to insert a stent. However, due to unavailability of the clinicians to perform this over the bank holiday weekend, the surgery was delayed.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>On 02.05.23 it was recognised the scan had been reported incorrectly and in fact demonstrated a stricture secondary to diverticular disease which required alternative treatment.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>That day Miss Durkin’s bowel perforated, and she underwent emergency surgery. Miss Durkin was subsequently admitted to the Critical Care Unit where she sadly died.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The coroner referred to clinicians’ evidence that, had Miss Durkin’s scan been accurately reported on 21.04.23 and the correct treatment been instituted thereafter, she would have survived.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The coroner found the care provided by the Trust fell below the level expected in all major hospitals.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>In assessing whether there was neglect, the coroner found:</p> <!-- /wp:paragraph --><!-- wp:list {"ordered":true,"type":"lower-alpha"} --> <ol style="list-style-type:lower-alpha"><!-- wp:list-item --> <li>there was a known condition for which action was needed;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>there was a failure to properly examine the scan of 21.04.23 which amounted to a gross failure; and</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>that failure to act had a clear and direct causal connection to Miss Durkin’s death.</li> <!-- /wp:list-item --></ol> <!-- /wp:list --><!-- wp:paragraph --> <p>The conclusion was that of natural causes contributed to by neglect.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Sophie was instructed by Lauren Dale of Hudgells Solicitors.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Sophie Watson is a member of the Inquests and Inquiries Team at Parklane Plowden Chambers and regularly acts on behalf of Interested Persons at Inquests. Sophie’s full profile can be accessed <a href="file:///C:/Users/Victoria.Steele/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/FYP7RB9X/(https:/www.parklaneplowden.co.uk/our-barristers/sophie-watson/">here</a>.</p> <!-- /wp:paragraph -->

Imogen Gray &#8211; My First Month of Chancery and Commercial Pupillage at Parklane Plowden Chambers

<!-- wp:paragraph --> <p>I am a pupil in the Chancery and Commercial Team. During my 1st six I will be under the supervision of <a href="https://www.parklaneplowden.co.uk/our-barristers/sarah-harrison/">Sarah Harrison</a>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Before starting pupillage, I spent some time familiarising myself with the work undertaken by the Chancery and Commercial Team. I found it helpful to refresh my understanding of some of the core topics within this practice area, for example, equity and trusts. I also read reported cases in which members of chambers had been instructed. This was both informative and made me feel very excited to begin pupillage in October. &nbsp;&nbsp;&nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>During the last month, I have had the opportunity to shadow my supervisor and other members of the Chancery and Commercial Team in various matters. &nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I have attended a number of hearings in the County Court and Business and Property Courts. For example, I attended an application under Section 50 of the Administration of Justice Act 1985 for the removal and substitution of executors appointed under a will, and an application to vary an interim payment order.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I also shadowed<a href="https://www.parklaneplowden.co.uk/our-barristers/nicola-phillipson-tep/"> Nicola Phillipson</a> at a trial in the High Court at Leeds. The case was highly unusual in that it related to a contested burial.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>If a person dies testate then the responsibility for their burial vests with their appointed executors. Although it is well established that there is no property in a body (<em>Williams v Williams (1882) 20 Ch D</em>), it is possible for an applicant to apply to the court for an order that they be appointed as administrator under the deceased’s will (such grant being limited to dealing with the disposal of the body of the deceased).</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I enjoyed observing the different techniques used by counsel during cross examination and closing speeches, particularly given the unique nature of the application.&nbsp;Overall, the experience reinforced my view that a career at the Chancery Bar offers the opportunity for interesting and varied work.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Over the past month, I have also attended two mediations. Prior to the mediations, I was given a copy of the mediation bundle and asked to prepare a draft position statement. It is likely that mediations will form part of any chancery and commercial practice. Therefore, it is excellent experience for me to observe how different members of chambers approach the mediation process. &nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I studied the ADR and mediation module whilst on the BPTC and also had some experience of mediations from my previous role as a property litigation paralegal. Over the last month, I have noted the role that counsel plays in mediations, such as advising the client on the law and potential settlement offers. I have quickly developed my understanding of the different practical considerations that counsel should be alive to in probate mediations – for example, any potential tax consequences arising from settlement.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I have also shadowed members of chambers in conference on a variety of matters including claims under the Inheritance (Provision for Family and Dependents) Act 1975 and trustee disputes. I have enjoyed researching points of law arising from different instructions and later discussing these with counsel. In addition, the varied nature of the disputes means that I have had a comprehensive introduction to chancery and commercial practice at chambers.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Finally, I have received a very a warm welcome from the members of chambers and the clerking team. This introduction has made my first month in pupillage all the more enjoyable and I look forward to the coming months.</p> <!-- /wp:paragraph -->

Richard Harrington &#8211; My First Month of Family Law Pupillage at Parklane Plowden Chambers

<!-- wp:paragraph --> <p>The start of November marks the end of my first month as a pupil barrister. Starting pupillage was a surreal moment, it was what my years of studying and working had led to. The emotions on my first day included gratitude, excitement and of course, a lot of nerves! Thankfully, those nerves shortly passed as everyone in Chambers was welcoming and I had already met several members at events over the summer. This welcoming nature has continued, and I have felt fully supported within Chambers.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>For my first six months, I am under the supervision of <a href="https://www.parklaneplowden.co.uk/our-barristers/farzana-tai/">Farzana Tai</a>, who specialises in children and financial remedy proceedings. Although Farzana is my supervisor, I have had the benefit of shadowing other members of the family team.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>As a family pupil, I am fortunate to be in court daily. The clerks have been fantastic in ensuring I observe interesting cases and have the relevant papers well in advance of hearings. In this month, I have experienced a range of hearings relating to proceedings concerning public law children, private law children and financial remedy.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Throughout my first month, I have read bundles and briefs, anonymised judgments, conducted research for Farzana and other members, kept detailed attendance notes, drafted orders, and even assisted with cross-examination preparation.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>During my first week, I observed <a href="https://www.parklaneplowden.co.uk/our-barristers/nathaniel-garner/">Nathaniel Garner</a> appear on behalf of a local authority in the High Court on an application for a Wardship Order. In this case, the children were deemed habitually resident in England and Wales, however, were taken to a country in Africa for what was believed to be a holiday but have not returned. Due to the country not being a signatory to the Hague Convention, a Wardship Order was needed to assist with their return. I also attended the Pupil Practice Management Course in York where I met other pupils from circuit, heard from speakers on how to manage being a self-employed barrister and obtained guidance from renowned advocates.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>In my second week, I was instructed to attend Kirklees Magistrates Court for a noting brief. I was instructed to keep a detailed note of a sentencing hearing for a client who had suffered significant personal injury from a road traffic incident. My note was to assist with any civil claim they may bring in the future. I also shadowed Farzana act for a parent in private law children proceedings where parental alienation had been alleged and a contact order be disregarded. This case was particularly interesting as it evidenced how a change of residency can follow where there is evidence of parental alienating behaviours.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Towards the end of the month, I shadowed <a href="https://www.parklaneplowden.co.uk/our-barristers/iain-hutchinson/">Iain Hutchinson</a> and Will Tyler KC represent a local authority at a fact-finding hearing in the High Court. This case involved a child who had become infected with gonorrhoea, and it was alleged to have been transmitted sexually by the parent or/and the step-parent. Given this was a complex and serious case, all parties were represented by Kings Counsel, and I was fortunate to witness a range of different approaches to cross-examination and oral submissions. I also attended a conference ahead of an FDR with <a href="https://www.parklaneplowden.co.uk/our-barristers/julia-nelson/">Julia Nelson</a> who advised a client on how non-matrimonial assets are considered by the court and a conference with Farzana concerning a tribunal appeal for child maintenance.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>My first month at Chambers has provided me with exposure to various areas of family law and the opportunity to learn from the very best on the North Eastern Circuit. The learning process has been insightful, and I am incredibly grateful to be in a set where its members are approachable and encouraging of questions. I look forward to completing the rest of my pupillage at Parklane Plowden Chambers.</p> <!-- /wp:paragraph -->

Lucy Evanson &#8211; My First Month Of Civil Law Pupillage at Parklane Plowden Chambers

<!-- wp:paragraph --> <p>As October comes to a close, so does my first month of pupillage. After a long wait since receiving the offer, I was very excited to start. I was fortunate enough to visit Parklane Plowden Chambers several times in the months leading up to pupillage which eased my nerves significantly and allowed me to witness my first inquest which was an excellent learning experience.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>For the first half of my 1st six, I am under the supervision of <a href="https://www.parklaneplowden.co.uk/our-barristers/elizabeth-hodgson/">Elizabeth Hodgson</a>, who specialises in personal injury and clinical negligence. I will also spend time with other members of chambers throughout my 1st six.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I started each day knowing about the case I was to observe, having read and discussed the briefs in advance. Throughout the month, I saw:</p> <!-- /wp:paragraph --><!-- wp:list --> <ul><!-- wp:list-item --> <li>Road traffic accident claims</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Stage 3 quantum hearings</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Strike-out applications</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Infant settlement hearings</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Credit hire cases</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Costs and Case Management Conference</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Several clinical negligence Joint Settlement Meetings</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>An application to withdraw an admission of liability</li> <!-- /wp:list-item --></ul> <!-- /wp:list --><!-- wp:paragraph --> <p>I was also fortunate to shadow additional areas, such as observing a court of protection case with <a href="https://www.parklaneplowden.co.uk/our-barristers/tom-barclay-semple/">Tom Barclay-Semple</a> and branching into employment law with <a href="https://www.parklaneplowden.co.uk/our-barristers/robert-dunn/">Robert Dunn</a> and <a href="https://www.parklaneplowden.co.uk/our-barristers/claire-millns/">Claire Millns</a> in several case management preliminary hearings.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The variety of cases keeps me on my toes as there is always so much to learn. I have enjoyed undertaking practical work too, such as completing practise advice, counter-schedules, and attendance notes, to accelerate my development and understanding.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>A notable case that I shadowed was a multi-track personal injury case involving a man who had sustained serious injuries when he fell from his motorcycle due to a defect in the highway. The primary statute engaged in this case was the Highways Act 1980 (s41 and s58 in particular), whereby highway authorities owe a duty to maintain the highway.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Quantum was agreed on the morning of the hearing, leaving only liability issues: whether the claimant’s accident was in fact caused by the defect in the highway, whether the presence of the defect rendered the highway dangerous and, if so, whether the defendant established the defence under Section 58 of the 1980 Act. At court, I observed how <a href="https://www.parklaneplowden.co.uk/our-barristers/elizabeth-hodgson/">Elizabeth Hodgson</a> interacted with her client and the witnesses in a pre-trial conference, as well as opposing counsel both before and during the hearing, and the Judge throughout.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Additionally, I shadowed <a href="https://www.parklaneplowden.co.uk/our-barristers/amy-rumble/">Amy Rumble</a> on a complex credit hire case focusing on impecuniosity and period of hire. I enjoyed observing a different advocacy style by Amy, which was always the most interesting part of mooting pre-pupillage. In preparation for this case, I researched relevant rules of civil procedure, the most important being Rule 27 in it being a small claims hearing.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>There were several issues in this case, one being that both claimant and defendant had failed to comply with court orders. I observed both parties attempt to deal with the consequences of these breaches before the Deputy District Judge. At the end of each day, I updated my work diary which keeps track of my learning and experience, both for my own record and to submit to the BSB when I apply for my full practising certificate.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>An unusual day of pupillage was during my first week when I attended a Pupil Practice Management Course organised by the North Eastern Circuit in York. Pupils from different chambers on the North Eastern Circuit were also in attendance.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>I heard useful talks on the practicalities of being a barrister by professionals such as Jayne Drake, Jenny Hatfield, Charlotte Worsley KC, HHJ Christopher Batty, DJ Alex Foster, and Charlotte Baines, as well as a very special talk by Robert Smith KC on how to (and how not to) cross-examine. It was a wonderful day meeting other pupils, including my co-pupils from Leeds, and I gained valuable tips from those more experienced at the Bar.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Reflecting on my first month, I cannot believe how much I have already learnt and the volume of cases I have seen. I feel very lucky to have obtained pupillage in such a kind and supportive set, who answer my questions, push me to think deeper than I ever thought I could, and have my development at the forefront of everything I do. I look forward to the rest of my pupillage with Parklane Plowden and growing my knowledge and experience as a barrister.</p> <!-- /wp:paragraph -->

24 November 2023 | Parklane Plowden Family Finance seminar in association with the North East Resolution

<!-- wp:paragraph --> <p>Join us on the 24 November for our Family Finance seminar in association with North East Resolution at our new premises, Portland house.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.parklaneplowden.co.uk/our-barristers/julia-nelson/">Julia Nelson</a>, <a href="https://www.parklaneplowden.co.uk/our-barristers/david-de-jehan/">David de Jehan</a> and <a href="https://www.parklaneplowden.co.uk/our-barristers/patrick-hulley/">Patrick Hulley</a> will be presenting bitesize segments in 20-minute parts.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>We will be joined by guest speaker <a href="https://actuariesforlawyers.com/paul-windle/">Paul Windle</a> from Actuaries for Lawyers. Paul is a specialist Pensions Actuary with over 27 years’ pensions experience. Paul is a recognised expert in the field of the valuation and division of pension rights in divorce settlements.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Drinks and Canapés will be served from 6pm onwards with the opportunity to network. </p> <!-- /wp:paragraph --><!-- wp:paragraph {"fontSize":"medium"} --> <p class="has-medium-font-size"><strong>Programme</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>15:30 - Registration<br>16:00 - Welcome<br>16:15 - Paul Windle - Actuaries for Lawyers: Updated PAG Guide to Pensions on Divorce 2023 – what to look out for<br>17:00 - David de Jehan - LSPO's &amp; MPS<br>17:20 - Patrick Hulley - Enforcement in Financial Remedy Proceedings and Practical Alternatives<br>17:40 - Julia Nelson - S.25 (g) conduct , is it worth running?<br>18:00 - Drinks and Canapés</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Please register for the event <a href="http://lexlinks.parklaneplowden.co.uk/doForm.aspx?a=0xF15D4A97E0E04123&amp;d=0x49EB4C9596DBE1A5^0xBDC0B87423493533|0x40F3E49C83A12815^0xAF1BA1DD83354AE1|0xF1B146662D144B75^0x8A1CDD2DB76555E3|0x9CB58EF48012E032^0xF06B663742CC6856|0xA14B30AADF25AF0D^0x4538EA01547C6D9520542FC6B6F63C93|0x43D48F22BB6859DF^0xF06B663742CC6856|0xD52134AC788FF0FE^0xAF1BA1DD83354AE1|">here</a>. </p> <!-- /wp:paragraph -->