Hylton Armstrong

Called 2008

'Hylton's advice is always succinct and he has a very efficient style. He is very personable, with a fantastic manner - a great balance between empathy and being robust. He has great understanding of complex medical evidence.' ‘A very calming but knowledgeable presence'

Legal 500 (2023) - Clinical Negligence (Tier 1)

About

Hylton is a specialist personal injury & clinical negligence Barrister who acts on behalf of Claimants and Defendants in a wide range of serious and complex cases.

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

Over the years the legal directories have described Hylton as ‘intelligent‘, ‘approachable‘, ‘calm’, ‘thorough‘, ‘client-focused‘, ‘brilliant in court‘, ‘a superb advocate’, and ‘an excellent all-round counsel‘.

Hylton prides himself on delivering excellent service standards, working collaboratively with others, distilling complex issues, and getting the best results for his clients.

Hylton has extensive advocacy experience in the County Court and High Court.  Recent trial experience in clinical negligence cases includes acting for a Claimant case involving an alleged misdiagnosis of cancer leading to severe psychological symptoms, acting for a Claimant in a case concerning an alleged failure to stabilise a displaced colles fracture, and acting for the Defendant in a case concerning an alleged failure to remove a retained palatal root.

Hylton also has considerable experience representing protected parties and protected beneficiaries in high value cases involving complex investment decisions.  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.

Within chambers Hylton is the former head of our Clinical Negligence group and the current head of our Serious Injury group.

In addition to his work as a Barrister, Hylton also sits as a Deputy District Judge and as a Recorder hearing civil cases on the North Eastern Circuit.  He also sits as a Barrister Member of the Bar Tribunal Adjudication Service (BTAS) Disciplinary Pool which deals with disciplinary tribunals for Barristers facing charges of professional misconduct.

 

 

Areas of Expertise

Accolades

Hylton is routinely instructed on complex and high value road traffic, employers liability, public liability, and product liability claims.

Hylton acts for various reputable local and national firms on behalf of Claimants and Defendants in roughly equal measure.

His road traffic work tend to involve serious injuries including brain and spinal injuries, or technical issues involving the Road Traffic Act or the MIB.

Hylton spends most of his time advising in conference, drafting pleadings, schedules of loss, and advices, and attending joint settlement meetings and mediations.

Hylton is the former 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’s 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, gynaecological, 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 acting for a Claimant in a case involving an alleged misdiagnosis of cancer leading to severe psychological symptoms, acting for a Claimant in a case concerning an alleged failure to stabilise a displaced colles fracture, and acting for the Defendant in a case concerning an alleged failure to remove a retained palatal root.

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

Hylton recently acting for the family of Zion who died as a result of the Astra Zeneca Covid-19 vaccine.  Zion’s partner, Vikki Spit, was the first person in the UK to recieve a compensation payment of £120,000 under the Vaccine Damages Payment Scheme.

In addition to representing families and an inquest, Hylton is frequently instructed to work on claims involving the Law Reform Act, Fatal Accidents Act, and Human Rights Acts.

Hylton is the head of Parklane Plowden’s Serious Injury group.

He is routinely instructed on complex and serious personal injury and clinical negligence claims.

Many of his cases involve life changing brain, spinal, or complex orthopaedic injuries sustained on the roads or at work.

Hylton is used to working as part of a large team with multiple experts, and enjoys working collaboratively with his lay and professional clients.

Legal 500 (2024) - Clinical Negligence (Tier 1) - "A brilliant clinical negligence barrister with excellent advocacy skills. His advocacy is calm, controlled and to the point. His relaxed and calm manner puts clients at ease."

Legal 500 (2024) - Personal Injury (Tier 3) - "A reliable junior, who is approachable and gets to the heart of the matter in a clear and concise way. A fighter when necessary."

Chambers and Partners (2023) - Personal Injury (Band 2) - "Hylton Armstrong is highly regarded for his proficient handling of personal injury claims arising out of serious road traffic accidents and complex employers' liability claims. He acts for both claimants and defendants and has notable experience handling cases involving allegations of fraud."

Chambers and Partners (2023) - Clinical Negligence (Band 2) - "Hylton Armstrong 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."

Legal 500 (2023) - Clinical Negligence (Tier 1) - "Hylton's advice is always succinct, and he has a very efficient style. He is very personable, with a fantastic manner - a great balance between empathy and being robust. He has great understanding of complex medical evidence.' ‘A very calming but knowledgeable presence"

Legal 500 (2023) - Personal Injury (Tier 3) - "A barrister with a very good tactical approach to litigation."

Chambers and 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."

Chambers and 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."

Legal 500 (2022) - Clinical Negligence (Tier 1) - "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) - Personal Injury (Tier 3) - "He has strong client care skills and is able to advise in a sensitive manner."

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 advice 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.

Failure to diagnose chicken pox and sepsis resulting in death - Settlement at JSM.

Failure to manage diabetes causing amputation of all toes - Settlement at JSM.

Failure to respond to NHS 111 calls - Settled after inquest. 

Failure to treat caudia equina resulting in loss of urinary function - settlement at JSM.

Failure to treat postpartum psychosis resulting in suicide - Settlement after JSM.

Failure to deal with congenital malrotation of bowel as a child - Settlement at JSM.

Failure to perform cardiac graft operation correctly - Settlement at JSM.

Failure to manage ulcerative colitis - Settlement at JSM.

Failure to manage lichens planus causing squamous cell carcinoma - Settlement after JSM.

Failure to manage chest pain causing myocardial infarction - Settlement at JSM.

Failure to manage pressure ulcers and risk of falls - Settlement at JSM.  

Failure to manage bowel tumour causing death - Settlement at JSM.

Failure to manage infection causing chronic neuropathic nerve injury - Settlement at JSM.  

Road Traffic

Child struck by vehicle whilst crossing road causing head injury - Settled.  

Pedestrian struck by bus causing brain injury - Settled.  

Commuter struck whilst crossing traffic light controlled junction causing brain injury - Settled.  

Farm worker driving FLT struck by HGV causing spinal injuries - Ongoing.  

Bus driver suffered fractures causing permanent exacerbation of type II diabetes - Settled.  

Motorcyclist struck at roundabout causing serious orthopaedic injuries - Settled.  

Untraced MIB claim concerning rider of a trike who suffered a head injury - Settled.

Pedestrian spotted by police on a grass verge after suffering brain injury when struck by a van in the middle of the night - Ongoing.  

Employers' & Public Liability

Labourer suffered crush injury to foot - Settled.

Technician suffered finger amputation injury whilst using a saw - Settled.

Technology tutor developed occupational asthma at work - Settled.  

School pupil died as a result of anaphylactic shock caused by piece of cheese - Settled.

Inquests

Construction worker stepped in front of a crate of falling glass.

Steel worker died when a shard of metal was projected from a test rig manifold.

Death of an elderly women who died from burns sustained when she fell into a hot bath

Fitter whose clothing caught fire whilst using a grinder in an oxygen enriched dry well.

Psychiatric patient who stabbed himself to death immediately after being allowed home.

Baby died as a result of antenatal fetal hypoxia.

Young child died from diabetic ketoacidosis.  

Musician who died as a result of the Astra Zeneca Covid-19 Vaccine.

Head of Parklane Plowden's Serious Injury group 

Deputy District Judge (Civil - North East)

Recorder (Civil - North East)

Barrister member of the Bar Tribunal and Adjudication Service (BTAS) disciplinary tribunal. 

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, 2021)

How to approach issues of fact in clinical negligence cases, and analysis of the decision in HTR (by his mother and litigation friend) v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 

Hylton regularly provides internal and external training sessions on various subjects.

Hylton is happy to provide bespoke training to any firm of solicitor on request.  

As part of Parklane Plowden's Law with Lunch initiative Hylton discussed the case of Hill v Witham [2021] EWCA Civ 1312

 

 

LLB (Hons) Newcastle University (2007)

BVC, BPP Leeds (2008)

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