Qualifications BPTC Outstanding, Kaplan Law School. LLB Law First Class, Cardiff University
Professional Memberships AvMA, PIBA, APIL, Western Circuit
Having specialised in this area, Marcus has a broad clinical negligence practice. He represents both claimants and defendants in cases across a range of medical and dental specialisms.
He is regularly instructed to draft pleadings and Part 35 questions and to give advice on breach, causation, quantum and settlement tactics. He acknowledges the need for practical advice, a hands-on approach to cases and a quick turnaround of paperwork. In conference, he recognises that many clinical negligence cases can involve extremely sensitive issues for both those who have been injured and those who delivered the treatment. He is well-versed at dealing with a range of clients and experts often in difficult cases.
Marcus is very comfortable dealing with complex expert evidence and has a particular interest in cases involving difficult causation arguments and quantum assessments. He is regularly instructed to draft schedules and counter-schedules.
Marcus’ recent cases have involved the following issues:
- The retention of products of conception after a failed surgical termination of pregnancy.
- Obtaining informed consent from patients before treatment, such as hysteroscopic sterilisation and hip replacement surgery.
- Extravasation of intravenously administered drugs.
- The aspiration of a tracheotomy swab.
- A delay in diagnosis and misdiagnosis of a malignant melanoma which led to amputation.
- Complex evaluation of care needs, including the application of the principles in Reaney v University Hospital of North Staffordshire NHS Trust.
- Failure to explore, identify and appropriately treat an infected joint.
- Failure to diagnose caries and periodontal disease.
- Negligent restorative and orthodontic treatment.
- Burns arising from the negligent use of dental instruments.
Professional memberships: AvMA
- The era of informed consent since Montgomery in Clinical Negligence claims (2017)
Having specialised in this area, Marcus has experience of a broad range of inquest work arising in the context of both personal injury and clinical negligence. He has appeared at Article 2 and jury inquests with multiple lay and expert witnesses. His experience of inquests includes cases involving deaths in hospital, psychiatric institutions, prisons and police custody. He is happy to take instructions from all Interested Persons, including bereaved families, NHS Trusts or Health Boards, Local Councils, prison services, police forces or other state institutions. He also has experience of inquests which have attracted media attention and is able to adapt his approach to the sensitivities of each case.
- A four day jury inquest into the death of a woman who hanged herself whilst sectioned under the Mental Health Act.
- Inquest into the death of a man who had mental health issues and overdosed on prescription medication (Tramadol).
- Represented the family at the pre-inquest review in a case where a baby died shortly after child birth having undergone ventouse delivery.
- Inquest into the death of an elderly man who attempted a ‘U’-turn on a major road in Cornwall.
Professional memberships: AvMA, APIL, PIBA
Having specialised in this area, Marcus has an extensive practice encompassing all aspects of personal injury litigation. He has acted for both claimants and defendants in a wide variety of matters: Road Traffic Accidents (including allegations of fundamental dishonesty), Occupiers’ Liability, Employer’s Liability, Health and Safety, Public Liability, Highways Act cases and Limitation Act disputes.
He has a very busy practice which is balanced between court and paper work. He has extensive court experience in the County Court and is frequently instructed to appear in trials and interim hearings in Fast-Track and Multi-Track cases. He is regularly instructed to provide advice on liability, quantum and settlement tactics and also to draft pleadings, skeleton arguments and questions to experts.
Additionally, he has strong experience in costs litigation within the personal injury or wider civil context. He is regularly instructed in CCMCs and is very familiar with costs budgeting. He is frequently asked to advise on the application and operation of the Pre-Action Protocols for low value personal injury claims in Road Traffic Accident, Employer’s Liability and Public Liability cases. In particular, he has an in-depth understanding of the interplay between the costs regimes in CPR 45 Sections II, III and IIIA.
Importantly, Marcus recognises the need to be adaptable to the circumstances of each case, to turnaround instructions rapidly and to provide a very accessible service to his professional clients.
Marcus’ recent cases have involved:
- A design fault in an area of paving laid on High Street in a town centre.
- Represented a company which defended a claim where one of its drivers were injured when an HGV lorry was blown over onto its side on a main road.
- Defended a number of large supermarkets where accidents have occurred inside and outside of the store.
- Represented a Royal Mail worker who sustained injury whilst delivering the post on residential premises.
- Successfully defended a Care Home in a case where the outdoor patio was alleged to have caused an accident having been filthy.
- Assessing a Smith v Manchester award in the context of a young plumber who had difficulties kneeling.
- Valuations of general damages in cases involving combinations of multiple injuries.
Professional memberships: APIL, PIBA
Articles and publications:
- Relief from sanction after Denton: A summary of cases
- In a fix: PAD application costs in Sharp v Leeds CC
- The hole in the costs regime for claims no longer continuing under the RTA pre-action protocol
- How to get costs right in low value personal injury claims (2017)
Marcus has a specialised practice focussed on all aspects of personal injury, clinical negligence and inquests. He has a busy practice which is balanced between court and paper work.
Having specialised in personal injury, clinical negligence and inquest work, Marcus is regularly instructed to conduct cases on the Fast-Track and Multi-Track. He is very experienced in conducting trials and interim hearings, drafting pleadings and Part 35 questions to experts, and providing advice on liability, quantum and settlement tactics.
He is happy to act for both claimants and defendants and he understands that in order to successfully represent clients you need an in-depth understanding of both sides of a case. He also appreciates the needs of his professional clients in a continually changing market. He is committed to providing a rapid turnaround of paperwork with practical and tactically sound advice.
After graduating from Cardiff University Marcus spent a year as a Director and Trustee of a £7 million turnover company and charity in the Higher Education sector. Before starting pupillage he spent two years as Project Manager of a high-profile independent review at a top-tier commercial law firm in London. During this time he instructed a number of junior barristers, which has given him a thorough understanding of what is required by professional clients.
Outside of work Marcus is an avid sports fan, watching as much rugby as he can in his spare time. He also enjoys sailing, skiing and travelling.