Barrister Timothy Meakin

Timothy Meakin

Year of call: 1989  

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“Excellent with a really approachable client manner; thorough, amiable and flexible.”

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Overview


Tim has contributed to leading publications in his specialist fields of practice in addition to providing seminars for solicitors and other organisations on selected topics. He also sat for five years as a part time Tribunal Judge for the Criminal Injuries Compensation Tribunal. His specialism and expertise is recognised within the Legal 500 and Chambers and Partners’ rankings.

Clinical Negligence Personal Injury Sport Public Law

Clinical Negligence


Tim’s experience in clinical negligence and healthcare work is extensive, both in advice, arbitrations, and representation at trial. He is listed as a specialist in both Chambers and Partners and the Legal 500. He regularly advises and represents claimants and healthcare organisations on maximum severity injury claims with associated high level awards. His recent case law history demonstrates his experience in dealing with high value claims.  This area of work includes:

  • Neonatal and perinatal injuries (in particular cerebral palsy, Erb’s Palsy, paraplegia and quadriplegia) and wrongful birth claims.
  • Neurology, including adverse outcomes of neuro-surgery, brain injury, cauda equina, CNS injury.
  • Obstetrics, gynaecology and fetal medicine.
  • General surgery-including bowel, intestinal and related complications arising from surgery.
  • Orthopaedics, including foot, ankle, knee injuries, upper limb and spinal injuries.
  • General Practice, negligence arising from delayed referral and late diagnosis of complex conditions.
  • Oncology, including all aspects of breach of duty and causation of injury caused by late diagnosis of serious oncological conditions.
  • Claims based on associated sub-specialisms including cardiology, renal/hepatic pathology, psychiatry, and consent to treatment issues.
  • Fatal Accident Act claims based on the above, including representation at Inquests.

Tim has a special interest in birth related injuries and associated severe brain injury cases. He acts for both claimants and defendant organisations. The value of the claims settled or obtained at judgment is in the region of £500,000 to £10m and Tim regularly advises and represents clients in high value claims.

Memberships


  • Professional Negligence Bar Association
  • Personal Injury Bar Association
  • Football Medical Association

Inquest & Judicial Review Disciplinary Tribunals

Inquest & Judicial Review


Tim is experienced in advising and representing a wide range of individuals and organisations at Coroner’s Inquests, (including Article 2 Inquests) relating to deaths caused generally by the adverse outcomes of medical care and management. In particular in the healthcare sector Tim has represented families, individuals and healthcare clinicians through the early stage of the inquest process up to and including the coroner’s inquest. Tim has particular experience on neonatal deaths and deaths arising from psychiatric care.

 

Disciplinary Tribunals


Tim accepts instructions to advise and represent clinicians at diverse tribunals and in particular has experience of representing medical practitioners at the General Medical Council.

 

Clinical Negligence Cases


  • A selection of some of Tim’s recent high value cases is as follows:
    • D v Smith [2016] Settlement £750,000 – liability and quantum case relating to adverse gynaecological outcome following treatment, leading to incontinence, an unnecessary double total hip replacement, and permanent wide-ranging disability.
    • S v Doncaster NHS Foundation Trust [2016] A negligent failure to administer antibiotics causing a cascade of injuries, including gall bladder removal, hysterectomy, colostomy and resection of intestines. Permanent serious disability and settled on a PPO and lump sum with a full value of £2m.
    • W-D v Southend NHS Trust [2016] A high value claim for a negligent failure to manage limb ischaemia, which led to a below knee amputation and the risk of further future amputations. Extensive issues of breach of duty and causation in addition to quantum: Settled at £800,000.
    • H v Dr. Bukhari et al [2016]-A case relating to the late diagnosis of cancer (malignant melanoma) in young claimant, covering liability and causation and quantum including a “lost years claim”. Settled at £750,000.
    • B v Ashford and St Peter’s Hospital NHS [2015] Settlement £900,000- late diagnosis of a tumour of the spinal cord leading to significant and permanent neurological disability.
    • K v Yorkshire and Humber Strategic Health Authority [2015] High Court Approval- Settlement £750,000 failure to diagnose hypocalcaemia in neonatal period leading to long term cognitive and intellectual deficits.
    • R v Kremer [2015] HHJ Saffman Leeds County Court: Trial on allegations of negligently performed gynaecological procedures resulting in serious personal injury to the claimant.

Personal Injury


Tim is a specialist in high value death and personal injury claims. His expertise includes representing both individuals, companies and other organisations. He is noted as a specialist within the Legal 500 and Chambers and Partners’ rankings 2016.

Tim has an extensive practice in severe traumatic injury and fatal accident cases and undertakes serious personal injury work from county court to appellate level, on behalf of claimants and defendants, including a leading case on vicarious liability Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47. His personal injury practice includes a sub-specialty of claims against the Ministry of Defence relating to personal injury and clinical negligence claims, and group actions against local authorities. He appears before disciplinary tribunals and at inquests in relation to all such claims.

Severe Traumatic Injury: This area of his practice concentrates on serious trauma in the workplace, including asbestosis/mesothelioma claims, road traffic accidents and all types of fatal accident claims. In addition he is regularly instructed on catastrophic traumatic injuries to the brain and spine from industrial accidents and military accidents (to service personnel).

Mesothelioma & Asbestos Related Death & Injury: Tim undertakes claims on behalf of claimants who have suffered severe lung disease due to asbestos exposure and injuries caused by other other hazardous substances.

Claims Against The Ministry Of Defence: Tim has a long established specialist practice in clinical negligence and personal injury actions against the Ministry of Defence in relation to death or serious injury suffered by members of the armed forces. The particulars of his practice are set out below.

Sport Related Personal Injury: Tim specialises in advising and representing individual sports personnel, clubs and sports governing bodies on high value complex sports related injury, including both on-field injury arising from negligent play, but also the injury caused by the alleged negligence of medical and coaching staff. His expertise also includes a specialist knowledge of the vicarious liability of national sporting bodies and clubs for the negligence and other tortious conduct of players and club employees (including doctors, coaches and physiotherapists).

Product Liability: Tim advises and represents parties in relation to product liability cases, in particular in relation to medically related defective products and defective foodstuffs.

Memberships


  • British Association for Sport & Law
  • LawInSport
  • Football Medical Association

Abuse Inquests Court Of Protection Claims Involving the Military

Abuse


Tim undertakes group actions against local authorities and other organisations relating to historic abuse in care homes and other educational institutions. He has extensive experience of conducting large scale group litigation (100+claimants), for example he has advised and represented claimants in two previous group actions that settled in excess of £1m. Tim also advises on an individual case on both liability and quantum and he regularly obtains significant awards for the victims of child abuse.

Tim is also a published expert on the law of limitation and advises and has represented many individuals at trial on all aspects of the Limitation Act 1980 relating to this type of personal injury action.

 

Inquests


Tim is experienced in advising and representing parties in relation to coronial law in general. Specifically, he accepts instructions on behalf of a wide range of individuals and organisations at Coroner’s Inquests, including Article 2 Inquests) particularly in relation to death caused in the workplace, in the course of employment and those persons detained in custody. Overall Tim represents the interests of diverse interested parties at Inquests and will advise and provide specialist advice at all stages of the coroner’s inquest process.

 

Court Of Protection


Tim regularly advises upon high value litigation that requires the intervention from the Court of Protection. He is able to advise and represent parties, in relation to the management of judgment awards, as part of an overall damages claim, or as a discrete issue in litigation. He is also a specialist in providing advice and representation at trial on issues including mental capacity of claimants to conduct litigation and manage their affairs under the Mental Capacity Act 2005, and with specialist advice on liability and evidence on Court of Protection claims in general.

 

Claims Involving the Military


Tim has a long established specialist practice in clinical negligence and personal injury actions against the Ministry of Defence in relation to death or serious injury suffered by members of the armed forces. He has conducted many high value claims, both in arbitrations and at trial, for the loss of service career and pension (AFCS/GIP) of members of the armed forces resulting from service related injuries incurred in the UK and around the world, including Iraq and Afghanistan. He has a particular interest in advising and representing special forces personnel, as well as claims for bullying and freezing and non-freezing cold injuries in the course of service. Tim is willing to advise those service personnel who allege their service related injuries have been settled at undervalue. He also lectures on this specialism for organisations including APIL. A list of recent cases is set out below.

Military Personal Injury Case Law

  • Soldier A v Ministry of Defence [2016] Settlement £1.2m member of special forces injured on deployment.
  • Soldier W v Ministry of Defence [2016] Cambridge County Court: Approved H.H.J Yelton: Claimant soldier wounded in Afghanistan suffered the loss of a lung and other severe injuries in friendly fire incident. Settled at £1m with provisional damages to cover future serious deteriorations in his condition.
  • Soldier C v Ministry of Defence [2015]  –Settlement £750,000- chronic pain following foot injury from collision of Hercules aircraft.
  • Soldier S v Ministry of Defence [2015] – Settlement at £500,000 for serviceman who suffered severe psychiatric injury on deployment.
  • Soldier W v Ministry of Defence – [2015] Approved HHJ Yelton Settlement £1m –serviceman negligently shot whilst on deployment suffering permanent chest injuries with provisional damages
  • Soldier C v Ministry of Defence:  Settlement at £750,000 – Freezing injury to Army Office causing loss of career
  • Soldier L v Ministry of Defence:  Settlement at £450,000 – Traumatic leg injury following injury on military exercise.

Personal Injury Cases


  • I v X [2016] Settlement £1.1m claimant 11 years of age knocked from his bicycle and suffered serious brain injury with permanent cognitive and intellectual deficits.
  • S v Ministry of Defence [2016] –settled on behalf of soldier injured in service in Afghanistan, based on a claim for nervous shock causing serious psychological injury. As a secondary victim in law, the case was settled at £720,000.
  • E v TB Resort Operations Ltd [2016] Trial on liability and quantum before H.H.J. Ellis, Walsall County Court- serious eye injury to the Claimant suffered during a game of golf. The case re-affirmed the principles of liability for this type of sporting injury.
  • M v Attwoll Limited [2015] Leicester High Court D.R; Approved H.H.J Hampton.Serious brain injury following RTA. Complex cognitive deficits in this protected party resulted in a protracted hearing and negotiations that led ultimately to settlement at £2.5m
  • G v Commercial Car Bodies Ltd [2105] EWCA Civ 47: appeal to the Court of Appeal on the issue of employers’ vicarious liability for workplace serious injury.
  • R v Ackerley [2013] UK PC 26: Appeal before the Privy Council, relating to issues of capacity and intent of a defendant who suffered from autism-instructions were based on Tim’s medico-legal specialism in autism (including Asperger’s Syndrome).
  • W v Barchester Healthcare Ltd: Wallbank v Wallbank Fox Designs Ltd [2012] EWCA Civ 25: Court of Appeal:

Sport


Tim has a specialist interest in sports law, accepting instructions from sports personnel and major sporting bodies on a wide variety of cases, relating to injury, professional negligence and disciplinary matters.

Tim’s practice covers various aspects of sports law, including specialist personal injury and professional negligence issues, in addition to child protection, selection disputes, and disciplinary cases. In particular he accepts instructions from sports personnel and major sporting bodies, (including the Rugby Football League, UK Athletics and British Cycling) providing both advice and representation in courts and tribunals. He has extensive experience of managing high value injury claims of this type both in advice and representation at trial. He has successfully represented a UK Athletics Coach in a professional negligence action brought by an international athlete. (Davenport v Farrow [2010] EWHC 550). In addition, Tim successfully defended an action at trial brought against British Cycling, which alleged negligence in the management and implementation of a UK Road Race. (Brown v (1) Brent (2) British Cycling Federation Ltd (2011) HHJ Atkins)

Disciplinary and Selection Disputes – Tim undertakes a wide range of disciplinary cases and has advised on disciplinary proceedings brought before various sports governing bodies, including the Football Association, the Rugby Football League, British Gymnastics and the British Canoe Union. Tim specialises in anti-doping cases including a Commonwealth and Olympic Athlete before the National Anti-doping Panel (NADP). He has also represented other sports personnel before the NADP including recently, a professional ice hockey player and rugby league player both charged with multiple doping offences relating to steroid use in sport.  Tim also advises and represents sports personnel on selection disputes, including in 2016 a dispute relating to British Cycling and the World Championships.

Personal Injury and Professional Negligence – Tim has a specialist practice in personal injury and professional negligence issues relating to sports personnel, including coaches, doctors, and physiotherapists. These claims cover all aspects of personal injury of sports personnel and also covers the vicarious liability of sports organisations and clubs for the negligence of their employees and players.

Child Protection – He has a further specialism in child protection in sport and has represented sporting personnel (including coaches) on disciplinary charges before various sports governing bodies. Tim also writes on issues relating to Sports Law and he is a member of the British Association for Sport and Law (BASL). He was also a guest speaker at a BASL conference in 2014 and 2015.

Peer Reviewed Articles – Tim has published in leading sports journals including:

  • An article in BASL [2015] on “the Evolving Legal Issues in Rugby Related Neuro-trauma.
  • Limitation Issues on Doping Sport [2016] Lawinsport.
  • Contamination Cases in Doping Proceedings [2016] Lawinsport.
  • Contributor on doping law in the Sports Law Yearbook 2015/16, published by LawinSport.

Recently Tim analysed the legal issues on doping relating to Olympic athletes Gareth Warburton and Rhys Williams in an article published by Lawinsport.The link is set out below and the article covers significant new developments in the law on doping with the introduction of the 2015 WADA Code.

Memberships


  • British Association For Sport & Law
  • Football Association Registered Lawyer
  • Football Medical Association

Regulatory & Disciplinary Personal Injury Health & Safety Child Protection

Regulatory & Disciplinary


Tim advises and represents sportsmen and sportswomen, in addition to organisations on a wide range of disciplinary, child protection, and regulatory issues. This includes representing clients in complex and challenging proceedings before diverse regulatory bodies, including the F.A, British Canoe Union and British Gymnastics. He has also advised on doping in sports issues and he has lectured on current legal issues in rugby union disciplinary proceedings. In an appropriate case he will represent the interests of sports personnel on a pro-bono basis to ensure that appropriate representation is afforded to all those charged with serious disciplinary offences.

Personal Injury


Tim has a wide ranging expertise in personal injury aspects relating to sports law. He represents both individual sportsmen and women on a wide range of injury related claims, including on-field liability for assaults and/or negligence in addition to clinical negligence and coaching negligence claims resulting in injury. He also represents sports governing bodies, both advising and at trial or in arbitration proceedings, including the Rugby Football League, UK Athletics and the British Cycling Federation on all aspects of sports injury related claims. Particulars of his trial experience and specialism are set out above, demonstrating his experience in managing significant claims in this area of the law.

Health & Safety


Tim advises upon all aspects of health and safety relating to individual sports personnel and organisations, including the safety of sports stadia, pitches and premises in general in addition to the organisation and safety aspects of sporting events. Tim has a particular specialism in the assessment of damages relating to serious injury caused to both spectators and sporting individuals.

Child Protection


Tim has advised and represented individual sports personnel and their families/guardians on all aspects of child protection in sport. He has appeared in various sports regulatory tribunals to represent individuals relating to child protection issues (including before the FA, and British Gymnastics). He also advises on issues relating to the risk management of child protection, including issues under the Safeguarding Vulnerable Groups Act 2006, and Protection of Freedoms Act 2012. In appropriate cases Tim will accept instructions on pro-bono basis to ensure that individuals of limited means obtain appropriate advice and representation.

Sport Cases


  • A v British Cycling [2016] Advising on selection disputes relating to World Championships
  • UKAD v S (Rugby League Professional) NADP [2015] – representing a rugby league professional charged with an anti-doping offence relating to steroid use.
  • UKAD v Williams and Warburton [2015]: Anti-doping case brought by UKAD before NADP against two Olympic athletes for doping offences relating to contaminated supplements, which is a leading case on this area of the law under the WADA Code [2015]. Representation of Warburton and securing reduced sanction.
  • UKAD v Watt [2015] before the NADP, representing an ice-hockey player charged with multiple doping offences relating to steroid use.
  • A v Newcastle United [2015] Advising an injured Premier League footballer and Championship Footballer on professional negligence and related damages claims.
  • Defending a prominent national gymnastics coach at proceedings before British Gymnastics Tribunal on disciplinary charges.
  • Defending high level canoe instructor in proceedings relating to disciplinary charges for the B.C.U.
  • Brown v (1) Brent (2) British Cycling Federation Ltd [2011] LTL 17.8.11: HHJ Atkins, Successfully defended a personal injury action brought against the British Cycling Federation.
  • Davenport v Farrow [2010] EWHC 550: Successfully defended on behalf of UK Athletics a professional negligence claim relating to an international athlete.
  • Advising on FA liability relating to child protection issues for conduct of its coaching staff.

Public Law


Tim has undertaken a wide range of inquest proceedings and he has a wider interest in public law. In relation to inquest proceedings Tim has been instructed on behalf of families , governmental bodies, medical practitioners and interested parties. He has also advised on cases under the Human Rights Act 1998 and resulting civil claims. Tim also has experience in cases with relevance to clinical negligence cases and Article 2 inquests  including in relation to prisoners and patients detained under the Mental Health Act 1983. Tim is always willing to undertake seminars and provide pro bono advice on public law issues, including inquests, child safe-guarding issues, immigration law, human rights law,  and referral should be made to his clerks for further details.

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