Kings Chambers Podcast

In this podcast Helen Mulholland KC and Victoria Heyworth reflect on and discuss the recent Judgment of Paul, Polmear and Purchase and the effect of the decision on the prospects of Secondary victim claims in the clinical negligence arena.Case referenced: Paul and another (Appellants) v Royal Wolverhampton NHS Trust (Respondent) [2024] UKSC 1View the judgment here.Prior to the release of the judgment, clinical negligence pupil William Plant offered an analysis of historic secondary victim cases and a summary of the Paul case thus far:https://www.kingschambers.com/the-law-before-paul-unravelling-the-legal-tapestry-of-secondary-victims/Intro music credit: TVARI - Pixabay

2021 promises much change for post-Brexit Environmental law and significant impact for planners. In this podcast, a panel of Philip Robson, Constanze Bell and Martin Carter discuss with Claire Petricca-Riding (Head of Planning and Environmental at Irwin Mitchell) what the year(s) ahead hold for environmental law.A day is a long time in planning and politics! When the podcast was recorded on 25 January the Environment Bill was due to be at report stage in the House of Commons the next day. Rumours and leaks swirl that the Bill may now be delayed due to political concerns.

In this episode, Eliza Sharron and Francesca P. Gardner speak with His Honour Judge Butler about recent developments in the field of the inherent jurisdiction. The podcast, in particular, focusses on the extent to which the inherent jurisdiction may be used to deprive vulnerable adults of their liberty, with reference to the recent cases of Southend-On-Sea Borough Council v Meyers[2019] EWHC 399 (Fam), Redcar & Cleveland Borough Council v PR & Ors [2019] EWHC 2305 (Fam) and Wakefield Metropolitan District Council v DN & Anor[2019] EWHC 2306 (Fam).

In this episode, Sam Karim QC, Eliza Sharron and Arianna Kelly speak with Critical Care & Anaesthesia specialist Dr Jennifer Abthorpe about issues relating to Serious Medical Treatment. Drawing on Dr Abthorpe's extensive experience working in a critical care department during the pandemic, the podcast covers issues of capacity to make decisions about treatment for patients with COVID-19, as well as important recent case law on advance decisions relating to treatment and capacity in the context of serious medical treatment applications

The Kings Chambers Planning Podcast returns with a discussion of the Changes to the Current Planning System: Planning Policy and Regulations Consultation Paper. An expert panel considers the four proposals in the consultation paper: the standard method, securing First Homes, supporting SME builders and extending planning permission in principle. This episode of the Kings Chambers Planning Podcast is hosted by Constanze Bell. Her guests are: Diana Richardson – Senior Planning Director, Gladman ; Paul Bedwell – Senior Director, Pegasus Group ; Martin Carter – Planning Barrister, Kings Chambers ; and Jonathan Easton - Planning Barrister, Kings Chambers.

In this episode, Gerard McDermott QC, Simon Burrows, and Arianna Kelly speak with Kate Georgiev about issues relating to double recovery and long-term care for people with needs for care and support. The podcast covers what double recovery is, the law which relates it and some of the practical issues which arise when a person with a personal injury award also seeks support from public bodies. For more information about the Kings Chambers Debrief Podcast series or the speakers please visit https://www.kingschambers.com/resources-and-training/kings-chambers-podcast/

In advance of the *Big Bang* and the publication of the Planning Policy Paper, we discuss the quiet revolution contained in the Department for Transport policy document on active travel - Gear Change - published on 27 July. This important document contains fundamental changes in how we move around and therefore how places are designed. The panel discuss the document, and the legal and policy implications.Philip Robson chairs a fantastic panel of Ruth Stockley (Kings Chambers), David Roberts (SCP) and Pete Swift (Planit-IE).

Build, build, build! Infrastructure and planning reform have been placed at the heart of the economic recovery by the Prime Minister. In this episode, the panel discuss delivering infrastructure through the NSIPs regime, including tips on successfully progressing DCO applications and potential reforms to the system. The panel of leading experts in the field includes Robbie Owen (Pinsent Masons and National Infrastructure Planning Association (NIPA) Secretary), Ian Cunliffe (Gateley Hamer), Vincent Fraser QC and Stephanie Hall, chaired by Philip Robson.

Listen to Sam Karim QC of the Kings Chambers Arbitration Group in conversation with fellow practitioners in international arbitration including Andrew Singer QCexploring their personal viewpoints as to the future of international arbitration, how they have recently adapted to the current changes triggered by the COVID-19 outbreak and whether those changes are going to result in a long-lasting shift. Speakers include: Yasmin Mohammad (Vannin Capital)Hafez Virjee (Delos Dispute Resolution)Sana Belaid (Cisco)Matei Purice (Freshfields Bruckhaus Deringer)Sami Tannous (Freshfields Bruckhaus Deringer)Andrew Singer QC (Kings Chambers)

Minerals play a huge part in the UK economy but the position of minerals planning in the priority list of planners does not always reflect this. In this podcast, Philip Robson chairs the discussion with Sam Thistlethwaite from Barton Willmore and Nick Horsley from the Mineral Product Association. The group look at the role minerals play in the economy, the planning framework that governs minerals extraction and the protection of mineral resources, and how minerals sites can be used to deliver biodiversity net gain.

Focussing on the big plans - London, Manchester, Liverpool, and in several regions across England - Philip Robson chairs an expert panel of David Manley QC, Martin Carter, Gary Halman from Avison Young and Mat Evans from Gladman. This episode builds on the discussion in Episode 10, focussing on what is and is not in the strategic plans, is it the inevitable return to regional planning and what bits of the old system could helpfully return, and providing useful advice to the public and private sector that are involved in the production of these plans.

In the latest episode of the successful KC Planning Podcast we discuss keeping local plans alive. The panel of David Manley QC, Gary Grant and Constanze Bell, chaired by Philip Robson, consider the do's and don'ts of local plan development. Recent months have seen too many plans fail the duty to cooperate, fall at examination due to unsustainable urban extensions/garden villages or run aground on the Strategic Environmental Assessment. The team give their view on how these hurdles can be overcome, what impact CV19 will have on plan making and policy, and the importance of always starting early.

Can planning meet the renewable energy challenge?This weeks KC Planning Podcast looks at delivering renewable energy schemes. The potential adoption of renewable energy as a key part of the recovery from the Coronavirus crisis means that more opportunities are potentially coming up. The podcast discusses repowering existing schemes, gaining community support, what local plans need to do on renewables, and the role of NSIPs. Philip Robson chairs a panel of Giles Cannock QC, Rebecca Williams (head of Policy and Regulation, RenewableUK), Chris Calvert (Executive Director Planning, Pegasus Group) and Peter Nesbit (Partner, Eversheds Sutherland).VIEW THE FACTSHEET HERE

This episode of the planning podcast discusses an underused policy, but one that could rise to significance in the recovery. Vacant Building Credit ('VBC') might be seen as something of a planning backwater, suitable only for dedicated planning aficionados. However, the esoteric nature of the policy should not mask its potential significance, especially during and after the current crisis. Sadly, one of the inevitable consequences of Covid-19 is that more buildings will become vacant and the economic pressures on the house building sector increased. This pressure could be alleviated to some extent by the sensible application of VBC. The panel on this episode is Matthew Stafford (Senior Planning Manager, St Modwen), with Jonathan Easton and Piers Riley-Smith from the Kings Planning Team, chaired by Philip Robson.Download the factsheet here

This episode of the Kings Chambers Planning Podcast sees Philip Robson talk to Jeremy Hinds, National Head of Retail Planning at Savills, about the future of the high street. Including what the retailers and local authorities can do to deliver vibrant town centres.Download background paper here.

The planning system must respond to the ongoing crisis - appeals must still be heard, decisions taken, plans written and examined. The economy depends upon it. What is equally clear is that the usual ways of working will need to change, and quickly, if a significant backlog is to be avoided. The Planning and Environmental Bar Association, has been active in pressing PINS to urgently develop alternatives to in-person planning appeals, using modern video technology. Kings Chambers have closely assisted that process in collaboration with other Chambers. Kings Chambers planning barristers Martin Carter, Stephanie Hall and Tony Gill, have been heavily involved in producing those representations. In this podcast, chaired by Philip Robson, also a member of the Kings Chambers Planning Team, they discuss the prospects and mechanics of remote hearings, the practical and procedural issues, and the appropriate footwear when appearing in a remote appeal.

Dan is a partner and head of the Leeds office of Stewarts a litigation only law firm. He has been partner since 2003 and is a solicitor who conducts only cases involving the most serious injuries, most often brain and spinal injuries. Described by Chambers UK Guide as “an utterly first class lawyer” and by The Legal 500 as “highly knowledgeable”, “frighteningly intelligent” and “an allround excellent litigator”, Dan has considerable experience of guiding claimants through the litigation process.

Nigel Poole QC in conversation with Dr Hugh Rayner, Retired Consultant Nephrologist and campaigner for “Please Write to Me”.Dr Rayner gained a first-class degree in physiology at Cambridge University before qualifying with honours at the London Hospital Medical College in 1981. He was awarded an MD from the University of Leicester for studies on experimental models of kidney disease. He was appointed as a consultant in Birmingham in 1993. He gained a Diploma in Medical Education from Dundee University in 1996. He has published extensively on clinical research topics and is the lead author of a textbook entitled 'Understanding Kidney Diseases'. He retired from clinical practice at the end of 2019.Dr Rayner began writing outpatient clinic letters directly to patients in 2005. The response from patients was so positive that he has been trying to persuade other doctors to adopt the practice ever since.

In this episode Nigel Poole QC speaks with Helen Vernon, Chief Executive of NHS Resolution, the body that handles claims brought against NHS Trusts and, now, General Practitioners.Helen discusses the work of NHSR, the number of claims it deals with and the costs of those claims. She gives an insight into initiatives to deal with claims earlier and without the need for litigation, and talks about the way NHSR seeks to use the knowledge gained from claims to improve learning, and ultimately patient safety.

Nigel Poole QC in conversation with Gerard McDermott QCGerard was called to the Bar in 1978 and appointed as Queen’s Counsel in 1999. He was appointed as a Deputy High Court Judge in 2008 and has a long time involvement at the heart of the American Bar Association. He is a former leader of the European Circuit and many of his cases have an international dimension. Together with conducting employment and some commercial cases Gerard also focuses on the most serious personal injury and clinical negligence work. He was described in the latest Chambers UK Guide to the Bar as “the epitome of an excellent barrister: he's a good advocate, good on paper, excellent with clients and very accessible."He is active in training junior barristers and he is active on social media, being described very recently by another QC as the “Head of Chambers Twitter"Gerard is a member of Kings Chambers and Outer Temple Chambers.

Nigel Poole QC in conversation with Professor Derek TuffnellWhat is involved in being an expert witness in clinical negligence litigation? What are some of the key issues in cases of cerebral palsy? What is the impact of Montgomery on obstetric practice?Derek was a Consultant in Obstetrics and Gynaecology at Bradford Teaching Hospitals NHS Trust. He was the lead obstetrician for research in the Maternity Unit and still is a member of the Executive board of the cohort study ‘Born in Bradford’. Derek is a MBRRACE Collaborator, overseeing reviews of maternal and perinatal mortality across the UK. His research interests are of all aspects of maternity care particularly High Risk pregnancy (diabetes and hypertension/pre-eclampsia). He was a member of NICE Guideline Development Group for Intrapartum Care and Hypertension in Pregnancy.

Episode 5 of the Kings Chambers Planning Podcast takes a look back at some of the key judgments of 2019, via a slight diversion into the Rosewell Review. Once again it is an excellent panel, chaired by Philip Robson with guests Simon Ricketts (Partner, Town Legal LLP), David Morris (Planning Director, Catesby Estates), Giles Cannock QC and Constanze Bell.The panel discuss the leading cases in three important areas:(1) Paragraph 11 - Presumption in favour of sustainable development(2) Changing permissions - s73 and s96A(3) Material considerations in planning decisionsWe are always interested to hear suggestions for future topics. If you have a topic you would like our Planning panels to discuss on a future podcast please get in touch with us via clerks@kingschambers.com , on our LinkedIn page at https://www.linkedin/com/company/kings-chambers or tweet us @KCPlanningTeam

Episode 10 of the Debrief podcast series sees Nigel Poole QC in conversation with Nadine Montgomery.Montgomery v Lanarkshire Health Board is one of the most important clinical negligence judgments of the past 50 years. It confirmed that patient autonomy is sovereign over medical paternalism when it comes to consent to treatment.In Part II of this podcast Nigel and Nadine discuss the ramifications of this landmark judgment.

Episode 10 of the Debrief podcast series sees Nigel Poole QC in conversation with Nadine Montgomery.Montgomery v Lanarkshire Health Board is one of the most important clinical negligence judgments of the past 50 years. It confirmed that patient autonomy is sovereign over medical paternalism when it comes to consent to treatment.In Part I of the podcast Nadine talks to Nigel about her experience of making a complaint, starting legal proceedings and her fight all the way to the Supreme Court.

In this episode, Sam Karim QC, Jasmine Skander and Richard Borrett consider the recent Supreme Court decision of Poole Borough Council (Respondent) v GN (through his litigation friend "The Official Solicitor") and another (Appellants) [2019] UKSC 25.This is a very significant case in the field of local authority 'failure to remove' claims, where it is alleged that a local authority has negligently failed to remove a child from their home, and that as a result the child has suffered injury.Sam, Jasmine and Richard consider the rationale for the judgment, its implications for 'failure to remove' claims, and the relevance of the European Convention on Human Rights.For more information about the Kings Chambers Debrief Podcast series or the speakers please visit https://www.kingschambers.com/resources-and-training/kings-chambers-podcast/

In this latest episode of the Kings Chambers Debrief podcast series, Nigel Poole QC and Helen Mulholland consider wrongful birth claims, with an analysis of the case law.Last year, the Court of Appeal had cause to return to the appropriate quantification of a wrongful birth claim when it considered the case of Khan v MNX [2018]. Nigel and Helen examine the impact of the scope of duty on the wrongful birth claim of this case and discuss the wider implications of arguments on the scope of duty of such claims.To access further information about the Debrief Podcast series, the speakers or Kings Chambers please visit https://www.kingschambers.com

In this episode, Nigel Poole QC, Michael Rawlinson QC and Jeremy Roussak discuss the various mechanisms by which defendants (and their insurers) can be induced and, if necessary, forced to fund treatment for mesothelioma.For more information about our podcast series please contact us via podcast@kingschambers.com

This episode is the latest in a series of the Kings Chambers Planning Podcasts.The panel discussion is hosted by Philip Robson from Kings Chambers and features guest speakers Martyn Twigg (MD, Gladman), Jason Tait (Director, Planning Prospects) together with Sarah Reid and Jonathan Easton, two leading planning barristers from Kings Chambers.The topics covered in this episode include taking the decision to appeal, preparing the evidence, how to best present your evidence and dealing with challenging questions. The panel also examine the potential impacts of the recommendations of the recent Rosewell Review.This is another must listen podcast for all those involved in the development industry and at all levels of experience.We are always interested to hear suggestions for future topics, if you have a topic you would like the panel to discuss on a future podcast please get in touch with us via clerks@kingschambers.com, on our LinkedIn page at https://www.linkedin.com/company/kings-chambers or tweet us @KCPlanningTeam

In this episode of Debrief, Nigel Poole QC is joined by Sam Karim QC and Francesca P. Gardner to discuss the recent fascinating case of Esegbona v King’s College Hospital NHS Foundation Trust [2019] EWHC 77 (QB). Nigel, Sam and Francesca draw together their expertise in Clinical Negligence, Court of Protection and Deprivation of Liberty to discuss the interesting decision in this case.

In this episode, Nigel Poole QC is joined by Tony Allen to discuss mediation. Tony is an experienced mediator, with a specialism in Clinical Negligence. He is a former CEDR (Centre for Effective Dispute Resolution) Director, and is a CEDR Chambers Mediator, having worked with them since 1996. He is also a lead member on CEDR's skills mediation training course. Since 1999, Tony has been featured in Chambers and Partners as a leader in his field, and is quoted as: "Clearly the best mediator in the UK for Personal Injury and Clinical Negligence."

Stephen McNamara talks with Nigel Poole QC about claims for damages for allegedly negligent psychiatric care. These claims may arise out of care given to patients in psychiatric units, care in the community, or care given in other healthcare settings such as A&E. What are the common features of such claims, and what challenges do they present for litigants and their advisers?

Episode three of the popular Kings Chambers planning podcast discusses the effectiveness of the PM’s pledge to streamline the planning process. Kings Chambers planning barristers Sarah Reid and Philip Robson are joined in the studio by planning experts Matthew Spry from planning and development consultancy Lichfields and Russell Crow, Regional Director at Richborough Estates, a strategic land promotion business. The gathered participants share their views on changes to the standard method of assessing housing need and the Housing Delivery Test, the annual measurement of housing delivery, the likely outcome of the consultation, the likely implication for those submitting applications and the arguments at inquiry, the approaches of inspectors and the advice being given to clients during this confusing time.

Rachel Galloway, Assistant Coroner, talks with Nigel Poole QC about the role of the Coroner, with a focus on Inquests into deaths in a healthcare setting. These Inquests can involve complex medical evidence, and concerns about the care given to the deceased. How are these deaths investigated? Who is the Coroner and how are they appointed? What is the Coroner’s role and how is it determined which deaths are investigated and which are not? What questions have to be answered at an Inquest? What is an article 2 Inquest? What conclusions may a Coroner reach? The discussion in this episode covers issues of how evidence is gathered for an Inquest, including documentary, witness and expert evidence; who is an interested party; and when is an Inquest held with a jury.

Debrief aims to analyse recent important developments in clinical negligence and healthcare law. It is intended for lawyers and non-lawyers alike. In Episode One we discussed the recent Supreme Court decision in Darnley v Croydon Healthcare.In Episode Two we look at judicial decisions on consent to treatment in the aftermath of the landmark Supreme Court decision in Montgomery v Lanarkshire. How has the law on consent to treatment moved on since Montgomery? What risks should a healthcare professional discuss with a patient in order to obtain their informed consent to treatment? What alternatives to any proposed treatment should they raise with the patient? When and in what circumstances should these discussions take place?Nigel Poole QC, Helen Mulholland and Richard Borrett will be discussing the cases of Webster v Burton, Duce v Worcester Acute Hospitals NHS Trust, and Thefaut v Johnston, amongst others, and considering the practical implications of this developing area of clinical negligence for both doctors and patients.

‘Debrief' - a series of podcasts from Kings Chambers’ clinical negligence and personal injury group. The Supreme Court’s decision in Darnley v Croydon held an NHS Trust liable after a receptionist in Accident and Emergency gave misleading information to a patient about the likely waiting time to be seen. He chose not to wait and left the hospital, with serious consequences. Why did the Supreme Court find that the Trust was liable, and what are the implications of its judgment? Nigel Poole QC, Helen Mulholland and Richard Livingston discuss.

In this episode, the panel discusses the revised National Planning Policy Framework (NPPF) launched by the Government to hit housebuilding targets of 300,000 new homes by 2020. The podcast was hosted by Philip Robson, Planning Barrister at Kings Chambers who was joined by Jacqueline Mulliner, Head of Planning at Terence O'Rourke, Philip Barnes, Group Land and Planning Director at Barratt Developments and Paul G Tucker QC, Head of the Planning and Environment Group at Kings Chambers.

Kings Chambers is delighted to make available its’ inaugural planning podcast on garden villages. Philip Robson of Kings Chambers puts questions to a panel of Lord Taylor of Goss Moor, Jeremy Hinds of Savills, Paul Tucker QC of Kings Chambers and Josh Risso-Gill of CMS.