Bradley Martin KC

Call 1990 | Silk 2018

"One of the best clinical negligence silks."

Legal 500 2024

Expertise

Specialist advocate acting for and against doctors, surgeons, nurses, midwives, optometrists and dentists. Regularly instructed on behalf of NHSR and maintains a significant number of claimant instructions. Particularly experienced in dealing with the breach of duty, causation and quantum issues that recur in cerebral palsy, other obstetric, cauda equina, other spinal injury and amputation claims. Often instructed to deal with difficult issues of quantum. Background academic and research experience in the field of medical law.

Notable Clinical Negligence cases


TXB v Frimley Health NHS Foundation Trust (2023)

Childhood meningitis – quadruple limb amputation.


Watson v Lancashire Teaching Hospitals NHS Foundation Trust [2022] EWHC 148 (QB)

For the defendant, leading Robert Cumming, in a stroke claim. The case is notable because Ritchie J found, having considered extensive literature on the subject, that it was unproven that aspirin would have prevented the claimant’s non-atherosclerotic stroke.


Harding v Buckinghamshire Healthcare NHS Trust [2017] EWHC 2393 (QB)

For the defendant in claim for delay in diagnosis of, and transfer for, surgery in a catastrophic brain injury case. Breach of duty was admitted but judgment was obtained for the defendant on the basis that surgery in accordance with the ‘hypothetical timeline’ would not have altered the outcome.


Kirk v Derby Hospitals NHS Foundation Trust (Derby CC, 2017)

Successfully defended obstetric and midwifery teams in claim for failure of advice about vaginal birth after caesarean section and alleged negligent management of subsequent uterine rupture.


Macaulay v Karim & Croydon Health Services NHS Trust [2017] EWHC 1795 (QB)

A father lost a leg and fingers to a flesh-eating bug after he was “lost in the system” at a busy NHS hospital won the right to damages.


Winter v NHS Commissioning Board (CLCC, 2016)

For the defendant in a wrongful birth case – the claimant became pregnant despite having had a hormone implant (Implanon) – held that a negligent failure to insert the device could not be inferred, the cause of the failure was probably the spontaneous expulsion of the implant.


Roberts v Portsmouth Hospitals NHS Trust (QB Winchester, 2016)

Succeeded for the claimant in neonatal compartment syndrome case – claimant lost a better outcome due to negligent delay on the part of the neonatal intensive care team in diagnosing and treating an upper limb compartment syndrome in a day old, premature neonate.


Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB); [2017] EWCA Civ 151 (CA); [2018] UKSC 50 (SC)

For the defendant in landmark case about the duties of non-clinical A&E staff and the responsibility of the NHS for harm caused by failing to wait to be seen in A&E.


Moore v Worcestershire Acute Hospitals NHS Trust [2015] EWHC 1209 (QB)

Permission obtained on behalf of an acute trust to withdraw admissions of breach of duty and causation made by mistake. The claim against the trust was subsequently withdrawn.


Anelay v Nottingham University Hospitals NHS Trust (Nottingham CC, 2014)

Successfully defended junior obstetrician in claim alleging negligent performance of forceps delivery causing 4thdegree tear.


Helps v Nottingham University Hospitals NHS Trust (Nottingham CC, 2014)

Successfully defended consultant colorectal surgeon in claim alleging negligent performance of stoma revision surgery.


Bostridge v Oxleas NHS Foundation Trust (CLCC, 2014)

False imprisonment of patient unlawfully detained on mental health grounds – successful at first instance in limiting the claim to nominal damages of £1 (upheld on appeal [2015] EWCA Civ 79).


Gregori-O’Neill v East and North Hertfordshire NHS Trust (QBD, 2014)

Successfully defended obstetric team in claim that it was negligent to deliver by caesarean section a baby about to be delivered vaginally.


Nicholas v Imperial College Healthcare NHS Trust [2012] EWHC 591 (QB)

Successfully defended professor of vascular surgery in stroke claim concerning alleged poor performance of carotid endarterectomy.


Bailey v Northfield (Manchester CC, 2009)

Succeeded for the claimant in leg amputation case concerning failure by GPs timeously to refer.

Expert at acting for and against claimants over the whole range of personal injury and fatal accidents litigation, including cases of injury of maximum severity, psychiatric damage, industrial diseases (including asbestos claims and WRULD claims) and injury to children.

Often instructed where there is a particular medical issue.

Particular expertise in drafting complicated schedules and counter schedules of damages in brain damage/reduced life expectancy claims. Wide experience of complex road accident claims and proceedings at inquests.

Retained on behalf of NHS defendants in respect of vaginal polypropylene mesh claims.

Was junior counsel for Glaxo in the Myodil litigation. Acted on behalf of prescribing doctors in several cases concerning the anti-malarial drug Lariam. Counsel for defendant in the Hydrogel breast implant claims.

Experience of other product liability cases including failure of cranes, a child safety bottle, a child’s toy plane, a water slide and parts of vehicles generally.

Instructed to appear before the PCC/FTPP of the General Medical Council in a variety of disciplinary cases against medical practitioners, for example propriety of laser spinal surgery, agreement to facilitate illegal kidney transplant surgery, failures of GPs to attend, examine, refer and properly prescribe, and breach of the duty of confidentiality.

Instructed to appear before the Professional Conduct Committee of the Chartered Institute of Public Finance Accountants in cases of misconduct against public sector accountants, including mismanagement of multi-million pound local authority capital development project in Wales, mismanagement of pensions in the London Borough of Redbridge, improper use of local authority funds for political purposes, disciplinary proceedings arising out of the multi-million pound deficits in London Borough of Lambeth, North East Lincolnshire Council and Royal Wolverhampton NHS Trust, and the scandal over executive severance pay and expenses in East Lothian.

Significant Cases


Harding v Buckinghamshire Healthcare NHS Trust [2017] EWHC 2393 (QB)


Macaulay v Karim and Croydon Health Services NHS Trust [2017] EWHC 1795 (QB)


Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB); [2017] EWCA Civ 151 (CA)


Wastell v Woodward (Master Davison, 28/02/17)


Webb v Liverpool Women’s NHS Foundation Trust [2015] EWHC 133 (QB)


Moore v Worcestershire Acute Hospitals NHS Trust [2015] EWHC 1209 (QB)


Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79


Ecclestone v Medway NHS Foundation Trust [2013] EWHC 790 (QB)


R v The Royal National Orthopaedic Hospital NHS Trust [2012] EWHC 492 (QB)


Nicholas v Imperial College Healthcare NHS Trust [2012] EWHC 591 (QB)


Bailey v Northfield (2009)


Hydrogel breast implant claims for PIP (2007)


Lambeth BC v Thames Water Utilities (2006)


P v T [2004] EWHC 1392 (QB)


Reynolds v North Tyneside Health Authority [2002] Lloyds Med LR 459


The Royal Victoria Infirmary & Associated Hospitals NHS Trust v B (A Child) [2002]


Lloyds Med LR 282 (CA)


Barry v NHSLA (2002)


Jackson v Goodwood (1999)


O'Mahony v Joliffe (1999)


Dunthorne v Bentley [1996] RTR 428 (CA)


Wentworth v Wiltshire County Council (1993)

Privacy Policy

Bradley Martin KC Privacy Policy

My contact details:

ICO Reg No: Z6839603
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

"A formidable advocate who will fight your corner to the bitter end."


Chambers UK 2024

"A fantastic advocate and is fearless in court."


Chambers UK 2023

"A fantastic barrister who rapidly masters the details of any claim."


Legal 500 2023

"He is a force to be reckoned with and has a lot of gravitas. He is very analytical and has been invaluable when risk assessing in complex cases."


Chambers UK 2022

"He is brilliant; extremely clever and great to work with."


Legal 500 2022

"A phenomenal silk - he brings real confidence and purpose to the team and he is superb on quantum issues."


Chambers UK 2022

  • Tutor in Tort at the Faculty of Law, University of Leicester (1989/1990)
  • Research Assistant to the Federal/Provincial/Territorial Review on Liability and Compensation Issues in Health Care at the University of Toronto (1987/1988)

  • Megarry Scholarship, Lincoln’s Inn
  • Hardwicke Entrance Award, Lincoln’s Inn
  • Faculty of Law Abel Memorial Award, University of Toronto
  • Open Fellowship, University of Toronto

  • Barrister at Law, Toronto University
  • LLB, Leicester University

  • LCLCBA
  • PNBA
  • PIBA

“He is a formidable advocate who will fight your corner to the bitter end.” “Bradley is robust, detailed and a good advocate.” “He’s got excellent skills for managing witnesses and experts.”
Chambers UK 2024

“Bradley is one of the best clinical negligence silks. He is interested, inquisitive and has a great way with expert witnesses. His advice is always considered and his judgement is exceptional.”
Legal 500 2024

“Bradley is a fantastic advocate and is fearless in court.” “He is very strong academically and always delivers a sophisticated analysis of the problem.” “Bradley is an excellent all-round lawyer and a real team player.”
Chambers UK 2023

“Bradley is a fantastic barrister who rapidly masters the details of any claim. He is a skilful advocate who is excellent at reading the tribunal. He always offers great strategic insight and advice.”
Legal 500 2023

“He is a force to be reckoned with and has a lot of gravitas. He is very analytical and has been invaluable when risk assessing in complex cases.” “A phenomenal silk – he brings real confidence and purpose to the team and he is superb on quantum issues.” “He is a smooth operator and fights his corner very well.”
Chambers UK 2022

“A silk with a lot of gravitas. He brings a wealth of experience to the table.” “He is ‘brilliant; extremely clever and great to work with”
Legal 500 2022

“He’s always calm and controlled – an impressive opponent.” “He’s a wonderful advocate and tactician, and is formidable and powerful in cross-examinations.”
Chambers UK 2021

“Bradley is a thoughtful and considered lawyer. He is excellent at immersing himself in the detail of a case and identifying the key evidential issues.”
Legal 500 2021

“A very experienced barrister. He’s very strong academically and a determined advocate.” “He is good at getting down into the details and is technically very strong.”
Chambers UK 2020

“He takes a pragmatic approach when necessary but also likes a good technical argument.”
Legal 500 2020

“He has a very commanding court presence. He is calm and authoritative.”
Chambers UK 2019

“Good on his feet and really thorough.” “A very effective advocate who wins the confidence of the trial judge.”
Chambers UK 2018

“He’s a superb advocate.” “He’s got a very natural and persuasive delivery and he makes his arguments well and effectively. He’s what you would call a winner.”
Chambers UK 2017

“An experienced and capable advocate.”
Legal 500 2017

“He is very helpful, does excellent work, and is very good in court.”
Chambers UK 2016

“Able to quickly boil the case down to the key issues.”
Legal 500 2016

“He’s a fantastic advocate – I would always prefer to have him on my side than on the other side.” “His approach is careful and considered and he is particularly user-friendly. He puts clients and clinicians at ease.”
Chambers UK 2015

“He is a real detail man; no matter how complex the case, he seems to ‘get it’ straight away.”
Legal 500 2015

“A good, helpful junior who does excellent work, and is very good in court.”
Chambers UK 2014

“Excellent in conference and in court.”
Legal 500 2014

“An experienced clinical negligence counsel” who is “excellent in conference with experts and in court.”
Chambers UK 2013

“Bradley Martin has had a busy year advising the NHSLA on complex brain damage and spinal injury cases. He is often instructed to deal with difficult issues of quantum.”
Chambers UK 2012

“Has a good mix of claimant and defendant work covering the full spectrum of injuries.”
Chambers UK 2011

“A good team player who works well in conjunction with his instructing solicitors and clients.”
Chambers UK 2010

“Very able, thorough, efficient and approachable.”
Legal 500 2010

“An effective opponent who punches above his weight.”
Chambers UK 2009

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