Thomas specialises in clinical negligence, professional negligence, and personal injury law.
He is regularly instructed in a wide range of clinical negligence claims against all manner of medical professionals. He has an interest in claims concerning alleged surgical negligence, consent issues, and alleged incorrect diagnoses. He drafts pleadings, regularly advises on both claimant and defendant parties on paper and at conference and his advocacy experience extends from all forms of interlocutory applications to trials. He is adept at negotiating settlements at joint meetings and at mediations.
Thomas receives regular instructions in cases concerning alleged negligence by a range of professionals, including solicitors in respect of historic litigation. He is developing a practice specialising in allegations concerning the litigation of previous personal injury and clinical negligence claims.
In his personal injury practice, Thomas has a particular interest in claims involving complex causation disputes, complex psychiatric and spinal injuries, and cases where fraud is alleged. He has experience of coronial law and inquests acting for both families and interested parties.
Thomas is listed as a leading individual in the 2022 editions of Chambers & Partners and the Legal 500 where in the latter he is described as having ‘a wonderful no-nonsense approach to cutting through a claim’ and ‘Adept and diligent in terms of considering the wider strategy of cases’.
He is regularly instructed on behalf both claimant and defendant parties in a wide range of clinical negligence claims brought against medical, nursing and surgical clinicians.
He has a particular interest in cases concerning allegations of negligence in respect of surgical, perinatal and oncological treatments. He has been instructed recently in two so-called ‘wrongful birth’ cases. He advised and represented the defendants in KP v An NHS Trust (June 2018, High Court District Registry at Sheffield) in respect of an application for very late specific disclosure and has ongoing instructions in AC v A Welsh Health Board (2019 ongoing, High Court District Registry at Swansea), having previously advised the defendant health board and Welsh Government in respect of request for a significant interim payment.
Recent trial cases include:
Parker v North West London Hospitals NHS Trust  EWHC 1662 (QB), a case concerning an allegation by a surgeon on laparotomy to diagnose acute diverticulitis and proceed to colectomy
Meynell v Croydon Health Services NHS Trust  EWHC 2431 (QB), a case concerning an allegation of a failure to diagnose timeously established appendicitis at an A&E department
Bowden v RDE NHS Foundation Trust (26/11/18, HHJ Gore Q.C, Exeter County Court), a complicated case concerning the alleged negligent provision of a Hepatitis B booster to a nurse which allegedly led to the development of neuroretinitis with unilateral blindness
Mallinson v Murray (28-29/8/19, HHJ Gore Q.C., Exeter County Court), a case concerning the alleged failure of a GP to diagnose DVT in a patient who went on to develop a pulmonary embolism and die
Docherty v Oxford University Hospitals NHS Foundation Trust (25-27/11/19, HHJ Clarke, County Court at Oxford) a claim concerning allegedly negligent post-natal care by obstetricians and midwives
KW v North West Anglia NHS Foundation Trust (14/10/20, Mr Recorder Warncok Q.C., County Court at Lincoln (wholly by video-link)) a claim about an allegedly missed diagnosis of a psoas abscess by a urological surgeon
JB v Hampshire Hospitals NHS Foundation Trust (19-21 & 28/10/20, HHJ Bloom, County Court at Luton) a claim relating to allegedly negligent triage and treatment at A&E in relation to a secondary post-tonsillectomy bleed by a claimant who developed severe PTSD
MJ v Chadwell Heath Dental Practice (25-26/10/21, HHJ Baucher, County Court at Central London) a claim relating to allegedly negligently obtained consent for dental treatment
EH v A NHS Trust, a complex case on quantum involving very significant claims for future care and accommodation in a stroke case which settled for just over £1M at an online JSM against a Q.C opponent
SL v A London Hospital NHS Trust, a claim where Thomas acted for the defendant Trust in a claim concerning allegations of negligently caused nerve injury. There were a number of causation points which over the course of a day mediation against a Q.C. opponent, were employed to agree a good settlement of c.£335,000
PL v A London NHS Trust, a nursing negligence case in which the claimant sustained a watershed cerebral infarction under anaesthetic leading to tetraplegia necessitated by the surgical revision of a serious and complex fracture of her hip, following a fall on a hospital ward. Following a half day mediation with a Q.C. opponent, a compromise was reached on excellent terms for Thomas’ defendant client
DP v A NHS Hospital Trust, a complex claim for special damages following a leg amputation, complicated by potential contribution proceedings. This settled after a day’s JSM for £1M
CD v A NHS Trust, a bowel injury case where Thomas’ claimant client had her fertility and ability to carry a child affected which settled at a level which allowed her to pay for fertility treatment and US surrogacy costs
Thomas is cited as a leading PI practitioner in the 2021 and 2022 editions of the Legal 500: “A brilliant technical expert and an innovative strategist”; “Thomas pays great attention to detail and always provides quick and concise advice”.
He receives instructions on behalf of all parties in a wide range of personal injury cases. He regularly acts for claimants and defendants in mostly higher value and complex cases concerning multiple catastrophic, and complex spinal, neurological and psychiatric injuries.
He is instructed in a number of cases concerning poly trauma caused to cyclists and motorcyclists in road traffic accidents. On behalf of the defendant insurer, he was recently led by Dominic Nolan QC in a complicated case concerning alleged c.£14M business and other losses flowing from a cycling accident, which settled for less than 1% of its value just 3 days prior to a listed 5-day High Court Trial. He is instructed as sole counsel on behalf of claimants in two ongoing cases where damages are valued at over £2.5M.
He is adept at achieving optimal settlements at ADR, at joint settlement meetings, mediations, or after early neutral evaluations.
He frequently acts for insurers and public bodies in cases raising substantial allegations of fraud or ‘fundamental dishonesty’. Thomas represented the successful insurance company in the case of Tazegul v Brighthouse Ltd (unreported, 7 & 8 June 2017), County Court at Brighton, HHJ Waddicor, where fraud was proven against the claimant, following the remission of the matter to the County Court after a successful appeal before Martin Spencer J in the High Court.
Thomas has experience of coronial law. He has been instructed to appear on behalf of all parties in inquests including those concerning Art. 2 issues. By way of examples, he has represented:
various NHS Trusts in relation to deaths of patients in their care, including in perinatal cases
the St John’s Ambulance in a case concerning the death of a child in a public swimming pool
an employer of a man who was crushed by his own HGV lorry
the family of a motorcyclist killed in a collision with an oncoming lorry
a firm of home carers in a case concerning the death of a vulnerable patient
Failed, mismanaged or under-settled clinical negligence / injury litigation
Thomas’ professional indemnity practice has a particular focus on cases pertaining to failed clinical negligence or personal injury litigation and allegedly under-settled claims. Representative work includes:
AB v CT Solicitors (2021 ongoing), a claim brought against a firm of solicitors in respect of allegedly mishandled clinical negligence litigation where there was a discontinuance due to threats of ‘fundamental dishonesty’
CP & Anor v A Firm of Solicitors (Settled at Mediation in November 2021), this was a potentially extremely high value claim where Thomas acted for the a firm of solicitors alleged to have mishandled a complicated clinical negligence claim, leading to it having been struck out at an early stage
SE v GC (1) TH (2) (2019 ongoing), instructed on behalf of a barrister in a very high value case where it is alleged that a child’s personal injury case was dramatically under-settled many years ago, where the co-defendants are the claimant’s former solicitors and her instructed medical expert
T v a Firm (1) B (2) (Settled at Mediation in September 2020), acting for a barrister in a claim where it was alleged that the underlying personal injury claim was substantially under-settled
AB & 3 Ors v SC (Settled in 2018), Thomas acted for a number of claimants who alleged their high-value personal injury case was under-settled due to a failure to explore all injuries with the instructed experts
He also represents both claimant and defendants in cases concerning negligence by lawyers in other forums. Representative work includes:
A v CC Solicitors (2021 ongoing), acting for a conveyancing firm concerning the alleged failure to advise the purchaser of development land as to the existence of adverse covenants
W(1) W(2) v MB Solicitors (2019), acting for former clients of a solicitors firm who allege a failure to advise appropriately as to the terms of a long lease
DK & 7 Ors v K & Partners (2016), instructed on behalf of a large number of claimants in a claim against their former conveyancing solicitor regarding allegedly negligent advice as to their involvement in a Stamp Duty Land Tax avoidance scheme
Financial, Construction and Other Professionals
Thomas has experience in claims brought against all manner of financial and construction professionals, including matters concerning complex areas of accounting, financial and other advice. Representative cases include:
T v S and Co (2020 ongoing), instructed on behalf of the defendant accountants concerning the scope of the firm’s retainer and whether tax advice should have been volunteered
Q v S (2018 ongoing) acting for the defendant accountant in a matter concerning allegedly defective advice as to a share buy-back agreement by a foreign company
M v D & Ors (2018), involved in the settlement of a case on behalf of a construction company in a multi-defendant matter involving damage to computer servers following the demolition of part of a party wall
S & S v K & E (2015, Worthing County Court, HHJ Coltart), acted on behalf for defendant IFA in complex case alleging breach of fiduciary duty and a right to ‘pierce the corporate veil’ due to alleged fraud
“He has excellent advocacy and drafting skills and is very personable and professional. He always responds promptly and is good with clients, experts and witnesses.”
“He gets to the heart of the issues and is knowledgeable when discussing complex medical issues with experts.”