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Home > Barristers > Charles Utley

Charles Utley
Date of:		Call - 1979
Phone:		020 7831 0222
Fax:		020 7831 2239
Email:		clerks@42br.com
CV:		Download as PDF

Summary Of Practice

Most of Charles Utley's work is in the field of clinical negligence. He acts for both claimants and defendants, generally in high value cases. He is recommended as a leading junior for both clinical negligence and personal injury in the current editions of the Legal 500 and the Chambers Directory.

Chambers and Partners 2009 guide states that Charles "wins acclaim for his 'extremely thorough' work in the clinical negligence and personal injury fields.". Further, in specific reference to his clinical negligence work, the guide notes "he is practical and down to earth" and that "he presents arguments well, has steady judgement and can weave difficult issues into a straightforward case.".

Professional Memberships

Personal Injury Bar Association
Professional Negligence Bar Association

Selected Cases

Lee v South West Thames Regional Health Authority [1985] 1 WLR 845, CA;

Defreitas v O'Brien and Another [1995] 6 Med LR 108;

R v Legal Aid Board ex parte Owners Abroad (Tour Operators) Ltd [1998] P1QR 116;

Palmer v Durnford Ford and Another [1992] QB 483;

Sutton London Borough Council v Davis (No 2) [1994] 1 WLR 1317;

A T & T Istel Limited v Tully (No 2) (Practice Note) [1994] 1 WLR 279, HL;

In re H (Minors) (Abduction: Custody Rights) (No 2) [1992] 2 AC 303, HL;

R v Secretary of State for Social Services ex parte Dr Gordon (2001) Lloydís Rep Med 422.

Recent settlements and unreported cases include:

Baden-Powell v Central Manchester Healthcare NHS Trust (2002) - award of £2M under the Fatal Accidents Act 1976;

Wallace v National Health Service Litigation Authority (2002) - brain damage at birth, some damage inevitable and some caused by negligence (£2M);

Boota v Newham Healthcare NHS Trust (2001) - trainee solicitor's arm amputated following ischaemia caused by infusion of adrenalin into artery rather than vein (£400,000);

Gatfield v Southend Health Authority (2002) -brain damage at birth, difficult liability and causation issues settled on terms allowing claimant 50% of full value of claim;

Ward v Kraft Jacob Suchard Limited (2001) - psychiatric injury caused by stress at work, £172,000 awarded including penal interest and indemnity costs following D's failure to accept C's Part 36 Offer, D's application for permission to appeal on liability and quantum refused by Court of Appeal;

John v Gower Jones (2002) - whiplash injury quantum trial, D paid in £25,000, C made Part 36 Offer of £200,000, Judge awarded £256,000 including penal interest and indemnity costs;

Linsey v National Health Service Litigation Authority (2001), brain damage at birth, claim brought by previous solicitors when C still a child withdrawn with no order for costs shortly before trial because it was thought claim would fail, second action brought just before C's 21st birthday, D applied to strike out as an abuse, application refused by Master and D's appeal to judge dismissed, held that withdrawing first action did not prevent bringing second and, in any event, withdrawal of first action had not been approved by court and would not be binding on C, claim subsequently settled on payment of substantial damages;

Robinson v Evans (2001) - D's failure to diagnose recent rubella in pregnant C, C would have had abortion if diagnosis made, child born with congenital rubella syndrome, C's claim for damages settled for substantial sum;

Owen v Dyfed Powys Health Authority (2002) - D's negligent failure to diagnose and treat C's meningitis at age of 3 months caused severe brain damage, trial when C 30 years old, award of just over £3.9M;

McDonald v Kettering General Hospital NHS Trust (2002) - negligent delay in diagnosis and treatment of Herpes Simplex Encephalitis in 56 year old man led to greater brain damage than would otherwise have been the case, settled for £1.1M.;

Kilinc v Great Ormond Street Hospital for Children NHS Trust. (2004) - D's negligent failure to treat raised intra-cranial pressure in child with severe underlying disabilities (including poor vision) caused blindness, award of £500,000;

Teuma v Popat (2004) GP's negligent failure to diagnose pneumonia caused C's husband's death, award of £1,875,000;

Young v Kent County Council (2005) boy seriously injured when falling through school roof, he was a trespasser, claim succeeded at liability trial.

Fotedar v St George's Healthcare NHS Trust [2005]EWHC 1327 (QB) - Liability and causation trial - Ventouse delivery of Claimant before mother fully dilated was negligent and caused Claimant's severe brain damage.

Education

Abingdon School, Inns of Court School of Law

Other Information

Married with three children.