Professional & Clinical Negligence
Professional negligence in property transactions Personal injury actions for failure to issue within the limitation period and the undervalue of the claim Matrimonial ancillary relief cases Clinical negligence pursuing actions against GPs, surgeons and NHS trusts for negligent diagnosis, prognosis of conditions and negligent surgery
Case Profile
Barr -v- Frimley Health NHS Foundation Trust This involved a clinical negligence claim, where a ‘never event’ occurred during surgery. The Claimant’s solicitors entered into a CFA and incepted an ATE policy to cover liability and causation experts reports, with a view that the costs of the ATE policy premium would be recoverable under SI 2013 No.739. Defendant’s counsel, Philip Hodder, raised issues at the oral assessment that it was unreasonable for the Claimant to enter into such an ATE policy at the stage it was incepted and therefore the Defendant paying party should not be burdened with the costs of the ATE. DJ Phillips found in favour of the paying party. Philip Hodder was instructed by Acumension Ltd for the Defendant.
Malone -v- Birmingham Community NHS Trust Philip Hodder was responsible for the original claim before DJ Marshall Phillips when Claimant's costs were struck out. The attached ruling relates to a second Appeal which was also struck out. He was again instructed by Acumension Ltd.
Personal Injury
Throughout his career, Philip has advised and represented clients in various personal injury cases.
Philip covers: • Road traffic / motor claims with fraud and contrived accidents (including motorcycle claims)
- • Employer’s liability/Health and safety
- • Highways Act matters
- • Fast and multi-track trials
Costs
Philip is regularly instructed in high-value costs cases for both paying and receiving parties, from attending detailed assessments and preliminary issue hearings to oral hearings and appeals. He frequently appears before regional costs judges and before Masters in the Senior Court Costs Office.
Inquests
Philip has appeared before coroners sitting alone and with a jury in cases including:
- Fatal RTAs
- Death in a care home
- Fatal accidents in outdoor activities
- Fatalities in the workplace/construction sites
- Fatalities in hospital/treatment
- Suicides from mental health issues
Testimonials
I just wanted to forward this to you for your attention. It's always nice to receive some good feedback! I pass on my thanks to you too, really appreciate your work. Hi Hayley Just wanted to thank you for all your help and to also to feedback that Mr Hodder was excellent and I would highly recommend him.
Client contacted me and advised Philip Hodder was brilliant. Fantastic result and I am very pleased. Thank you for all your hard work.
A deep and pervasive feeling of joy pervades the practice this morning - always a doubtful matter - now resolved much to Philip's credit.
Privacy Notice
This privacy notice explains how, why and for how long Philip Hodder will process or retain your personal data in accordance with the General Data Protection Regulation (GDPR).
If Philip has been instructed by you, your litigation friend, your solicitor or agent, or through a pro bono referral, it is necessary to process your personal data in order to provide legal services. This may include advising on the prospects of litigation, advising on the value of a claim, representation at hearings or trial, and reviewing legal issues or evidence.
Recipients of your data
Depending on the nature of your case, data may be shared with courts and tribunals, your solicitors or agents, witnesses, experts, other legal representatives, ombudsmen or regulators, education and examining bodies, and current, past or prospective employers.
Special categories of data
Some matters require processing special category personal data, including information about health, ethnicity, religion, trade union membership, political beliefs, sexual orientation, or criminal allegations and convictions. Such data will only be processed where necessary to represent you or advise on your claim.
Retention
Your personal data will be retained for no longer than necessary and, where possible, anonymised. In general, records relating to cases are retained for at least six years to comply with professional obligations under the Bar Code of Conduct and tax record-keeping obligations.
Once your case has concluded and any fees have been paid, only the personal data necessary for regulatory compliance, conflict checking, defence of complaints or fee disputes, and reference in future similar cases will be retained.
Your rights
You may request confirmation that your personal data is being processed, request a copy of that data, request rectification of inaccurate data, object to certain processing, request restriction of processing, or request erasure where the GDPR permits it. Where processing is based on consent, you may withdraw that consent at any time, although doing so may mean Philip can no longer provide the legal services requested.
Security
Appropriate physical and technical measures are taken to safeguard your personal data and prevent unauthorised access, accidental loss, misuse or disclosure.
Complaints or queries
If you have any questions about this privacy notice, or how your personal data is used, please email clerking@thebarristergroup.co.uk or the clerks at clerking@thebarristergroup.co.uk, or call 01823 247 247.
You also have the right to complain to the Information Commissioner's Office (ICO). Further information is available at ico.org.uk/global/contact-us/.
Work with Philip
Send us your details and a member of the clerking team will be in touch. Or call us now on 01823 247 247.