Personal injury

Specialist professional indemnity team

Mary Duncan

Partner and head of department

Acts for insurers in professional negligence disputes arising out of personal injury claims. She specialises in handling substantial high value cases, and has particular expertise in clinical negligence, fatal accidents, and brain injury cases.

Mary’s significant cases include:

  • £10 million professional negligence claim arising from failure to serve a claim form in time in a substantial brain injury case. Settled for £1.6 million.
  • £1.89 million professional negligence claim against solicitors arising from their negligent handling of a personal injury claim by a deep sea diver. Settled for £45,000.
  • Successful defence at trial of an allegation of under settlement of a clinical negligence brain injury claim.

Mary trained at Henmans and qualified as a solicitor in 1983. She spent two years at Greenwoods and rejoined Henmans in 1985. She has been a partner since 1989. Mary is accredited by the Solicitors’ Regulation Authority as a specialist personal injury lawyer, is a member of the Forum of Insurance Lawyers (FOIL) and the Oxford Medico-Legal Society. Chambers ranks her in its top tier for personal injury and in its 2008 edition described her as ‘absolutely outstanding’. She is joint author of Fatal Accident Claims, author of a chapter in Trauma Care, A Team Approach, joint author of Health & Safety at Work Essentials and Professional Negligence, A Second Bite at the Cherry?

Until recently Mary has been working on the TAG litigation on behalf of the vetting solicitors. This has included organising the review and assessment of over 300 personal injury claims from a professional negligence perspective by the personal injury team, an extensive disclosure exercise and participation in negotiations.

Miles Picknett

Partner

Advises defendant solicitors and their insurers in relation to personal injury related professional negligence claims. He specialises in industrial disease claims (particularly asbestos related claims), fatal accidents, chronic pain claims, public and employer’s liability and defending companies in both health & safety and environmental prosecutions.

Miles has dealt with a variety of loss of chance cases including:

  • Failed £500,000 AIDs misdiagnosis claim brought by Dubai resident - settled for £10,000.
  • Failed £1m lost business opportunity undersettlement action - ongoing.
  • Failed £500,000 case arising from police assault and false imprisonment - settled for £30,000.
  • Failed £750,000 occupational stress claim - settled for £130,000 with 50% contribution at mediation.
  • Failed £250,000 repetitive strain case - struck out on limitation grounds.

His Court of Appeal cases include:

  • Richards v Quinton (apportionment of damages in road traffic accident claim).
  • James v Baily Gibson (damages confined to short post accident period where claimant refused to attend expert psychiatric examination).
  • Miles was involved in the TAG litigation where Henmans represented the vetting solicitors. In particular he liaised with personal injury leading counsel in relation to the defences for 68 lead cases. He also reviewed extensive documentation disclosed by the co-defendant TAG panel solicitors.

Miles trained at Freethcartwright and qualified in 1992. He joined Henmans in 1993 and has been a partner since 2000. Miles is accredited by the Solicitors’ Regulation Authority as a personal injury specialist, and is a member og the Oxford Medico-Legal Society, the Forum of Insurance Lawyers and the Chartered Insurance Institute.

Penny Heighway

Partner

Acts for insurers in professional negligence disputes arising out of personal injury claims and medical malpractice claims including regulatory matters.

Penny’s recent significant cases include:

  • Claim for £1 million plus against an air ambulance company for alleged negligent transfer of a paraplegic patient in Zanzibar. The claim was discontinued after an application was made to strike out the claim.
  • Claim against fostering agency along with six other defendants, following death of foster child in care. The claim was eventually discontinued against her client.
  • Claim against health and safety expert for inadequate inspection of children’s play equipment, following injury to a child. The claim was discontinued against her client.

Penny trained at Bond Pearce and qualified in 1998 where she practised before joining Henmans in 1999. She has been a partner since 2004. Penny is accredited by the Solicitors’ Regulation Authority as a specialist personal injury lawyer. She is also a member of the Reading Chartered Insurance Institute and the Forum of Insurance Lawyers (FOIL).  She is joint author of Health and Safety at Work Essentials and Professional Negligence, A Second Bite at the Cherry? She is editor of Trip and Slip: a guide to making personal injury claims, and contributes a regular legal column to Dentistry magazine.

Paul Chadder

Associate

Acts for insurers in professional negligence disputes arising out of personal injury claims. Paul’s recent cases include:

  • Under-settlement claim arising from a tripping incident for £300,000.00, which settled at mediation for £40,000.00.
  • Claim arising from a failed stress at work claim for £360,000.00 which settled at mediation for £50,000.00.

Paul also specialises in employer’s liability claims involving industrial disease, Health and Safety Executive prosecutions and public liability matters. Paul trained at Henmans and qualified in 1998. He was made an Associate in 2004. Paul is a member of the Law Society specialist Personal Injury Panel, the Forum of Insurance Lawyers (FOIL) and the Reading Chartered Insurance Institute. He is also a member of the Oxford Medico Legal Society

Jane Lightfoot

Solicitor

Acts for insurers in professional negligence disputes arising out of personal injury claims and medical malpractice claims.

Jane also deals with all types of personal injury claims, including road traffic accident, employers' liability and public liability matters.

Jane has dealt with and assisted partners with a broad range of claims, including:

  • Successful defence at trial of a complex professional negligence claim brought by a litigant in person against her solicitors for alleged failure properly to conduct her personal injury claim.
  • Successful resolution at mediation of a claim brought against solicitors following the striking out of the claimant's personal injury claim.
  • Several claims arising out of alleged negligent cosmetic surgery treatment.

Jane trained at Henmans and qualified in September 2003. She is a member of the Oxford Medico-Legal Society and the Forum of Insurance Lawyers. Jane also provides regular pro bono advice at the Citizens Advice Bureau, and has given seminars for the CAB. Jane has also contributed to Dentistry magazine. Jane speaks German.