Details
A clinical negligence solicitor with more than 14 years of experiences and 7 years post qualification experience. Kieran previously worked in legal costs, obtaining a wide range of experience in a number of areas of litigation (housing, PI, clinical negligence, commercial and property litigation). He progressed to the role of Litigation Manager which had oversight of all contested Court hearings and also day to day conduct of technical test cases, a number of which proceeded to the Court of Appeal.
Since April 2020, Kieran has been an Associate in the Health Litigation team of Hill Dickinson dealing with a full caseload of multi-track clinical negligence matters of varying levels of quantum up to £3.5m. Having sole day to day conduct, he assesses prospects of success, advises on strategy and progresses these matters through the court timetable to resolution.
Further details
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Experience
- Harrison -v- University Hospitals Coventry & Warwickshire Hospital NHS Trust [2017] EWCA Civ 792- Test case on the Court’s approach to costs budgeting following the Jackson reforms in 2013.
- Budana -v- The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980- A case concerning the ability of Solicitors to assign a retainer which potentially may have saved our client tens of millions of pounds.
- Springer -v- University Hospitals of Leicester NHS Trust [2018] EWCA Civ 436- Interpretation of the CPR regarding the need to provide notification of additional liabilities.
- JXA -v- Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB)- High Court claim dealing with the reasonableness of Solicitors’ hourly rates at detailed assessment.
- Assisting Partners on high value catastrophic claims, acting mainly for NHS Resolution, including a current cerebral palsy matter where the family have moved to the United States and there are complex considerations of the discount rate to be applied in those circumstances.
- Obtained a settlement in a clinical negligence claim in June 2023 arising from the delay in diagnosis and treatment of a stroke by a NHS Trust. Liability was admitted and quantum sought in the sum of approximately £3.5m with settlement reached in the sum of £1.95m.
- Settled a mental health claim in December 2022 arising from the sad suicide of a patient following the failure to diagnose a UTI and treat the delirium which led to allegations of human rights breaches due to the detention of the Deceased at a Trust A&E. This was a complex and sensitive matter. Settlement was reached prior to the issue of proceedings.
- Secured a discontinuance against our NHS Resolution indemnified trust in September 2023 in a dental negligence claim one week before trial by threatening to seek our wasted costs against the Claimant’s solicitor and their instructed expert.
Kieran Smyth's Expertise
Dispute resolution
Health and social care
