Samantha Jones

Year of call:
2012
Email:
samantha.jones@39essex.com

Clerks:
020 7832 1111

Samantha has a broad civil litigation and public law practice, with particular expertise in inquests and inquiries, court of protection, clinical negligence and personal injury, professional discipline and regulatory law.

She is currently instructed as Junior Counsel to the Grenfell Tower Inquiry.

Samantha is a strong and experienced Court and tribunal advocate having appeared in tribunals, county courts, the crown court, the coroner’s court and in the High Court on her own.  She has a keen focus on client care, negotiation, and costs. She regularly drafts advices and pleadings and holds conferences with clients and experts.

Samantha undertakes pro bono work with an interest in special educational needs and disability law. Samantha is regularly instructed on a direct access basis and happy to consider instructions on this basis.

Before joining the Bar, Samantha most notably undertook a Judicial Assistantship at the Constitutional Court of South Africa.

Clinical Negligence


Samantha has a broad clinical negligence practice. She accepts instructions to represent both claimants and defendants. She is quick to turn around urgent pleadings, and regularly drafts particulars of claim, schedules of loss and agendas for expert meetings. She often advises on liability and quantum and she is adept at holding conferences with multiple experts and she regularly appears in Court.

Samantha undertakes work in all areas of clinical negligence. She has experience in claims arising from delayed diagnosis and referral, negligent treatment and failures to provide treatment in cases concerning, for example, orthopaedics, cancer, negligent prescription and administration of medication, negligent cosmetic surgery, pregnancies and fatal injuries, amongst others.

The development of Samantha’s practice is strengthened by her frequent inquest work, expertise in healthcare regulatory proceedings, a keen eye for costs and her pro bono representation of parents of children with special educational needs and disability in the SEND Tribunal.

Samantha is willing to undertake work on a CFA basis.

Personal Injury


Samantha has a busy and broad personal injury practice. She accepts instructions to represent both claimants and defendants at all levels of proceedings. She advises on liability and quantum, settles pleadings, and has experience in road traffic accidents, highways act claims, workplace accidents and employers’ liability claims.

Samantha regularly appears in multi and fast track liability and quantum trials in county courts across the country. She also often appears in interim applications, disposal hearings and cost budgeting hearings.

Samantha is happy to accept instructions on a CFA.

Inquests and Inquiries


Samantha has substantial inquest experience representing both families and other interested parties in Article 2 inquests and inquests concerning fatal accidents, clinical negligence, mental health and deaths of children.

She regularly becomes involved at an early stage of proceedings to advise clients on disclosure, procedure and strategy. Samantha is very familiar with providing advocacy at Pre-Inquest Reviews and Final Hearings and she is happy to attend site visits and client meetings. She is well versed in procedure and case law of the coroner’s jurisdiction.

Most notably, she has been involved in the following inquests:

  • Inquest touching on the death of Ellie Butler (2018) – 2-week high profile inquest before Dame Linda Dobbs investigating multi-agency working and failings during and after care proceedings concerning the six-year-old girl who was subsequently killed by her father. For news coverage, please click here.
  • Inquest touching on the death of Shanay Walker (2017) – 4-week high profile inquest concerning the death of a 7-year old girl while in the care of her paternal Aunt. For news coverage, please click here:
  • Inquest touching on the death of David Buttriss (2017) – 2-day inquest involving matters of medical negligence and mental health
  • Inquest touching on the death of Carole Sherriffs (2017) – 3-day inquest involving matters of medical negligence.
  • Inquest touching on the death of Suzette Mason (2015) – 1-day inquest concerning matters of medical negligence.
  • Inquest touching on the death of David Efemena (2015) – 5-day high profile Article 2 inquest concerning the death of a RAF cadet while he was sleeping out on a training exercise. For news coverage, please click here.

Inquiries
Samantha is currently instructed as Junior Counsel to the Grenfell Tower Inquiry.

She was previously instructed by the Commissioner of the Metropolitan Police in the Undercover Policing Inquiry.

Regulatory & Professional Discipline


Samantha is a strong regulatory tribunal advocate who is frequently instructed to prosecute and defend in healthcare regulatory matters.

In 2015, Samantha completed a six month secondment at the Nursing and Midwifery Council (NMC), appearing in over 15 multi-day substantive hearings and numerous interim order and review applications. She has expanded her practice to also prosecute on behalf of the General Optical Council and she has defended in the Health and Care Professions Council.

Samantha has extensive experience in cases concerning the following:

  • misconduct;
  • lack of competence;
  • convictions;
  • health.

Samantha’s practice in this area is strengthened by her clinical negligence and inquest work, in addition to her former position at the HCPC as a Case Presenter and Case Manager.

Regulatory & Professional Discipline Cases:

HCPC v Helen Winter (2016) – Defended a Clinical Psychologist who previously worked at Kids Company. It was found that she offered drugs to a client outside of working hours, took drugs in her personal time, and further breached boundaries with service users. Registrant avoided being struck off and was given a 12 month Suspension Order.

NMC v Butterworth and Billington (2015) – Prosecuted in an 8-day two-hander matter, acting on her own. Two nurses made numerous and frequent racist remarks on ward and displayed other unprofessional behaviour towards colleagues and in front of patients. Both were struck off from the NMC register.

Public Law


Samantha advises and represents all parties in Court of Protection and mental health matters, immigration law, and Special Educational Needs and Disability law in the SEND Tribunal. She is experienced in representing families and public bodies as she is regularly instructed to appear at multi-day inquests, including Article 2 inquests. She welcomes instructions in all public law areas.

Samantha is a dedicated public law barrister with the following prior experience:

  • LLM in Comparative Human Rights Law, McGill University, Canada.
  • Judicial Assistant at the Constitutional Court of South Africa.
  • Internship with JUSTICE.
  • Internship with the Human Rights Institute of the International Bar Association;
  • Internship with the Centre for Capital Punishment Studies, Uganda, working with death row prisoners.
  • 1 year paralegal position in prison law at a solicitor’s firm prior to starting pupillage.

Special educational needs

Samantha has a wealth of experience in advising and representing families in special educational needs and disability discrimination cases through her pro bono work for the special educational needs charity IPSEA, and in practice. She has appeared in numerous cases before the First Tier Tribunal (Special Educational Needs and Disability) and Upper Tribunal in a range of cases from appeals of statements (now EHC plans), to disability discrimination and exclusions. She also appears in mediations, advises clients at the early stages of the litigation and drafts statements of case.

Of note, Samantha successfully represented on a pro bono basis, a
parent of a child with special educational needs, in a claim against the Governing Body of Benthal Primary School. The First Tier Tribunal (Special Educational Needs and Disability) found that the Governing Body discriminated against the child in respect of a two-day fixed exclusion. The Governing Body were ordered to issue apologies, erase the exclusion from the child’s school record and to organise training for staff on the Equality Act 2010.

Commercial


Samantha frequently advises and advocates in commercial litigation matters. She welcomes instructions in all subject matter. In 2015, she was part of a team representing the Government in a multi-million pound commercial arbitration; and in 2016, appeared in a cross-border mediation. Samantha most frequently advises on breach of contract, interpretation of contracts, credit hire agreements, possession and insolvency matters. She regularly appears in the county courts in trials and applications for relief from sanctions, applications for summary judgment and applications for costs.

During her pupillage, Samantha assisted with three multi-day commercial and chancery high court trials spanning over two months. The trials covered a broad range of commercial matters, including unfair prejudice, breach of fiduciary duties and negligence of agents and company directors, dissolution of a partnership, misrepresentation, breach of trust and dishonest assistance.

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

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