Caroline Allen

Year of call:
2005
Email:
caroline.allen@39essex.com

Clerks:
+44 (0)20 7832 1111

Caroline’s practice is focussed upon personal injury, clinical negligence, inquests and costs work.   Within her personal injury practice she has particular experience of workplace claims including claims involving work-related stress, upper arm RSI, respiratory disease and industrial deafness.  Her caseload includes catastrophic injury cases, occupational disease cases, accidents suffered abroad and fatal accidents. Caroline has a substantial clinical negligence practice which encompasses claims against all branches of the medical professions.  She is regularly instructed on behalf of claimants, healthcare trusts and private healthcare providers.  She appears frequently in the Coroner’s Court on behalf of public bodies, individual interested persons and bereaved families and has experience of Article 2 and jury inquests, and of cross-examination of court-appointed expert witnesses. She also undertakes a considerable body of costs work, particularly concerning costs issues arising in the context of personal injury and clinical negligence work.

Caroline writes and lectures regularly on a range of current issues.

Personal Injury


Caroline has a specialist personal injury practice.  Her caseload includes catastrophic injury cases, occupational disease cases, accidents suffered abroad and fatal claims.  She appears regularly in the High Court and county courts and has successfully negotiated settlements in a significant number of JSMs involving high-value claims.  She regularly drafts pleadings and advises in a wide range of personal injury matters.  Workplace claims form a significant proportion of her practice in this area and include claims involving work-related stress, upper arm RSI, respiratory disease and industrial deafness.  She has experience of expert cross-examination.

Inquests


Caroline is regularly instructed in inquests involving complex and sensitive matters, acting on behalf of public bodies, including healthcare trusts and local authorities, individual interested persons, including care home workers and employers, and bereaved families.  She is regularly involved at an early stage in proceedings, advising on disclosure, evidence, procedure and strategy, both at the Pre-Inquest Review stage and beyond.  Her experience includes Article 2 inquests, jury inquests and the cross-examination of expert witnesses.  Most recently, she has represented:

  • A healthcare trust in a 3 day Article 2 inquest following the suicide of a teenager;
  • A healthcare trust in a 5 day inquest following the death of a baby with an undiagnosed congenital condition;
  • A bereaved family following the death of an elderly parent in a care home, in which a conclusion of neglect was reached;
  • Several local authorities following deaths involving vulnerable adults, including drug and alcohol related deaths and suicides;
  • The supervisor of the deceased in a 3 day jury inquest following a death in the workplace;
  • Bereaved families following deaths during complex cardiac surgery and routine bowel surgery;
  • A care worker initially arrested for manslaughter following a death in a care home. (A conclusion of death by natural causes was subsequently returned by the jury at inquest.)

Clinical Negligence


Caroline has a well-established clinical negligence practice covering all branches of the medical professions and is regularly instructed on behalf of claimants, healthcare trusts and private healthcare providers.  Over the course of the past 12 months she has represented claimants and defendants in cases alleging negligence against General Practitioners, general surgeons, colorectal surgeons, spinal surgeons, oncologists, gastroenterologists, dentists, orthodontists, nurses and ophthalmologists, advising on a wide range of issues including delayed diagnosis, misdiagnosis, surgical errors and negligent nursing care.  Recent cases have included:

  • Failure to diagnose necrotising fasciitis, resulting in extensive surgical debridement and disfigurement;
  • Failure to prescribe appropriate post-surgery prophylaxis to a patient known to be at raised risk of pulmonary embolism;
  • Failure on the part of neighbouring healthcare trusts to arrange timely transfer of a patient with extremely complex healthcare needs, resulting in the patient’s death;
  • Surgical errors, including negligent execution of surgery and failure to diagnose and treat post-operative complications.

Costs & Litigation Funding


Caroline is a member of Chambers’ specialist costs team and often appears in the SCCO and county courts in detailed assessment hearings, applications and appeals for receiving and paying parties.  She also undertakes regular advisory work.

Commercial


Caroline is regularly instructed in insurance, sale of goods, property damage and general contractual matters, providing advice and representation in fast-track and multi-track actions.  She has considerable experience of credit hire litigation.

Related Cases


Environmental & Planning

Smout v Welsh Ministers 30 November 2011

Court of Appeal decision on the modification of planning permissions for landfilling at Hafod Quarry and whether Environmental Impact Assessment should have been carried out.

A380 South Devon Link Road (Kingskerswell Bypass) CPO Inquiry (2009) 15 September 2011

Represented local residents at a 2 week inquiry objecting to the grant of planning permission for a multi-million pound highways scheme.

Call +44 (0)20 7832 1111 for more information

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