Hylton Armstrong

Called 2008

An intelligent, client-focused thinker. He relies on the strength of arguments rather than any bullish tactics, which opens channels of communication and makes the process smoother for all parties.

Legal 500 2022 (Tier 1 Clinical Negligence)

About

Hylton is a specialist personal injury & clinical negligence Barrister.

He is head of Parklane Plowden’s clinical negligence group.

He is recommended by The Legal 500 and Chambers & Partners for both personal injury & clinical negligence.

The guides describe him as ‘intelligent‘, ‘approachable‘, ‘thorough‘, ‘brilliant in court‘, and a ‘superb advocate’.

He also sits as a Deputy District Judge and Recorder on the North Eastern Circuit.

Hylton prides himself on delivering excellent service standards, working collaboratively, and distilling complex issues.

 

 

Areas of Expertise

Accolades

Hylton is routinely instructed on road traffic, employers liabilty, public liability, and product liability claims.

His road traffic accident cases tend to involve technical issues under the Road Traffic Act or the MIB.

His work includes drafting pleadings, schedules of loss, and advice on liability, procedure, tactics, and Part 36 offers.

Hylton is head of Parklane Plowden’s clinical negligence group, and acts on behalf of both Claimants and Defendants on a wide range of serious and complex clinical negligence matters.

Hylton workload includes cases involving claims for and against nurses, GPs, doctors, surgeons, dentists, and other healthcare professionals.

He has extensive experience of cases involving most areas of medicine, including claims involving orthopaedic, neurological, oncology, obstetric, colorectal, urological, dental, and psychiatric experts.

Hylton spends most of his time advising and drafting on paper and in conference, attending court for applications and trials, and attending joint settlement meetings and mediations.

Hylton is competent to undertake high value and complex cases, is used to working as part of a large teams of experts and lawyers, and is routinely instructed on cases in the High Court.

Recent trial experience includes a case involving an alleged misdiagnosis of cancer leading to severe psychological symptoms, and a case concerning an alleged failure to stabilise a severely displaced colles fracture, and case concerning an alleged failure to remote a retained palatal root.

Recent settlements include a compromise approved by Mrs Justice Ellenbogen following the death of a women due to sepsis caused by chicken pox, and a settlement approved by Mr Justice Soole in a liability disputed case about a potentially preventable suicide.

 

Hylton frequently conducts inquests on behalf of various interested parties arising out of road traffic accidents, medical treatment, accidents at work, and industrial disease cases.

In addition Hylton is routinely instructed to work on claims involving the Law Reform, Fatal Accidents, and Human Rights Acts.

Chambers & Partners 2022 Personal Injury - Band 2 -  "He turns things over quickly and is very thorough. He's very good in conference and in court too."

Chambers & Partners 2022 Clinical Negligence - Band 2 "Very good at giving practical advice and efficient at dealing with claims." "A very approachable barrister. He is confident, knowledgeable and open to a challenge."

Legal 500 2022 Personal Injury - Tier 3 "He has strong client care skills and is able to advise in a sensitive manner."

Legal 500 2022 Clinical Negligence - Tier 1 Clinical Ngligence - "An intelligent, client-focused thinker. He relies on the strength of arguments rather than any bullish tactics, which opens channels of communication and makes the process smoother for all parties."

Chambers and Partners (2021) Clinical Negligence - Band 2 "He is very approachable, on the ball, has a good manner with clients and takes a sensible approach to cases." "He deals with things in an effective and pragmatic manner."

Chambers and Partners (2021) Personal Injury - Band 2 "Very approachable and good with clients. He has strong analytical skills and works hard to achieve the best possible outcome for his clients."

Legal 500 (2021) Clinical Negligence - Band 1 Hylton is extremely approachable and very good with clients. He always sets an agenda for a conference so that the client fully understands the purpose. His advices and notes of conference are also concise and helpful.

Legal 500 (2021) Personal Injury - Band 3 Highly skilled and recommended for complex matters.

Legal 500 (2020) Clinical Negligence - Band 1 "Great at distilling complex cases for clients.

Legal 500 (2020) Personal Injury - Band 3 "Deals with complex matters well."

Chambers and Partners (2020) Clinical Negligence - Band 3 Has an established presence in clinical negligence and receives instructions in a broad range of matters. His expertise encompasses inquests into psychiatric and hospital care, as well as failures to diagnose, extending to cases of patient fatality. His practice features claims relating to cauda equina syndrome, among other conditions. Strengths: "He has a good attention to detail and is good with clients."

Chambers and Partners (2019) Clinical Negligence "He is reliable and has good attention to detail." "Very efficient and gets straight to the point."

Legal 500 (2018/2019) - "He has a good manner with clients."

Chambers and Partners (2018) Clinical Negligence - Band 3:  Has a growing presence in clinical negligence and receives instructions in a broad range of matters. His expertise encompasses inquests into psychiatric and hospital care, as well as failures to diagnose. Strengths: "He's very approachable and bright, very good with clients." Recent work:  Acted for the family of the deceased in an inquest into failings in psychiatric care after an informal patient committed suicide at home after being collected from the care centre.

Chambers and Partners (2018) Personal Injury - Band 3 Has a broad personal injury practice, acting in fast-track and multi-track claims as well as representing clients at inquests. He regularly undertakes cases arising out of RTAs and incidents occurring on  construction sites. He represents both claimants and defendants. Strengths: "Approachable and thorough." "He's someone who inspires confidence and works collaboratively with clients and solicitors. He has a keen eye for detail and is a superb advocate." Recent work:  Achieved a favourable settlement for a claimant who suffered a fractured hip and PTSD following a fall on a bus.

Chambers and Partners (2017) - "His advice is very succinct and he is brilliant in court. He is a safe pair of hands, bright and well prepared."

The Legal 500 (2017)- "He is very bright and has a great rapport with clients."

The Legal 500 (2016)- "A conscientious and realistic lawyer."

The Legal 500 (2015) - ‘He is robust and provides good advice; a rising star.’

The Legal 500 (2014) – ‘His personal injury and clinical negligence expertise is complemented by his knowledge of motor-related fraud’

The Legal 500 (2013) – Hylton’s ‘service standards are second to none’.

Personal Injury Bar Association (PIBA)

Leeds & West Yorkshire Medico Legal Society

Association of Personal Injury Lawyers (APIL)

Action against Medical Accidents (AVMA)

Clinical Negligence

Failure to suture the circumference of a stoma -  Settlement at JSM £400k

Failure to diagnose chicken pox and sepsis resulting in death - Settlement at JSM £880k

Failure to respond to NHS 111 calls - Settlement £300k

Failure to treat caudia equina resulting in loss of urinary function - settlement at JSM £115k

Failure to treat postpartum psychosis resulting in suicide - Settlement £250k

Failure to diagnose recurrent pelvic cancer - Settlement £150k

Failure to spot bowel perforation during a cholecystectomy – Settlement £115k

Failed sterilisation & wrongful birth – Settlement £37k

Below knee amputation as a result of failure to diagnose Charcot foot – Settlement £120k

Severe damage to brachial plexus during weaver dunn reconstruction - Settlement £180k

Personal Injury

Bus driver suffered leg fractures causing a permanent exacerbation of type II diabetes - £223k

Motorcyclist struck at roundabout causing orthopaedic injuries - £300k

Labourer suffered crush injury to foot -  £292k

Pedestrian struck causing brain injury - £100k

Untraced MIB claim concerning rider of a trike who suffered a head injury – £423k

Technology tutor developed occupational asthma at work - £125k

Inquests

2 week inquest concerning construction worker who stepped in front of a crate of falling glass

2 week inquest relating to a steel worker who died when a shard of metal was projected from a test rig manifold

3 day inquest touching the death of an elderly women who died from burns sustained when she fell into a hot bath

5 day inquest relating to the death of an electrical fitter whose clothing caught fire whilst using a grinder in an oxygen enriched dry well

5 day jury inquest touching the death of an informal psychiatric patient who stabbed himself to death immediately after being allowed home

3 day inquest touching the death of baby issobelle who died as a result of antenatal fetal hypoxia resulting from nuchal cord.

Head of clinical negligence subgroup

Deputy District Judge Recorder

Is a 90% liability offer 1 working day before a 5 day clinical negligence trial a genuine attempt to settle?

First prosecution of a trust for breaching it's duty of candour

Qualitative vs. Quantitative Care & Material Contribution Causation: A brief look at Reaney v (1) University Hospitals of North Staffordshire NHS Trust (2) Mid Staffordshire NHS Foundation Trusat [2015] EWCA Civ 1119

Adding Allegations to a Clinical Negligence Claim: a brief summary of Mangala Janakarajah v (1) Oxford University Hospitals NHS Trust (2) Mario Petrou [2020)] QBD (Soole J) 03/06/2020

A failed attempt to use Bailey v Ministry of Justice [2009] 1 WLR 15 in ST (A Protected Party by his mother and Litigation Friend KT) v Maidstone & Tunbridge Wells NHS Trust [2015] EWHC 51

Do you have an Agenda? (article for AvMA Newsletter)

LLB (Hons) Newcastle University (2007)

BVC, BPP Leeds (2008)

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