Infected Blood Inquiry - Heather Arlidge
Sir Brian Langstaff’s long-awaited report into the Infected Blood Scandal will be handed down today at Westminster Central Hall
Published: 20th May 2024
Heather is a specialist medical law practitioner, practicing in personal injury, clinical negligence, and coroners’ inquests. She also practices in public law, particularly in matters regarding prisons and the secure estate.
Heather’s practice is currently dominated by the Covid-19 Public Inquiry, in which she is instructed as junior counsel to Module 2A, investigating the core decision making and political governance in and concerning Scotland. Heather was heavily involved in the high-profile oral hearings in Edinburgh in early 2024; her involvement in the Inquiry continues.
Heather is also currently instructed as junior counsel on behalf of the Scottish infected and affected core participants in the Infected Blood Inquiry, which is frequently referred to as the UK’s largest ever public inquiry into the NHS’ biggest treatment disaster.
Away from public inquiries, Heather continues to accept instructions across her practice areas.
Prior to joining Chambers, Heather worked for two well-known insurance law firms in London, where she was instructed in almost every conceivable type of claim that might be expected in a defendant insurance practice. Although the focus of her practice is now medical, her broad common-law experience means she continues to receive instructions in matters such as construction claims and contractual disputes.
Personal Injury Law
Heather is the head of the Personal Injury Team at 42BR Barristers. She has considerable experience in acting for both Claimants and Defendants across a broad range of road traffic, public liability, and employers’ liability claims. She has a busy multi-track court and paperwork practice, and regularly advises in conference in complex personal injury matters. Heather is regularly instructed in claims for serious or catastrophic injuries, including those involving brain injuries resulting in a lack of capacity, and in claims raising novel or complex points of law.
Heather has developed particular experience in dealing with matters where fundamental dishonesty and/or fraud is in issue, and is regularly instructed to advise in these matters in addition to her court work.
Away from the court room, Heather is frequently instructed to advise in conference and on paper in respect of quantum and liability in high-value claims, and particularly enjoys the forensic analysis of high volumes of information. She is instructed in joint settlement meetings and has acted, without a leader, in several cases valued at more than £1m.
Heather is instructed by both Claimants and Defendants. Where appropriate, she will consider accepting instructions on a CFA basis.
Recent cases
- Acting for the Defendant local authority in a number of linked claims brought by two Claimants. Heather successfully defended the claims, and successfully resisted an application to set aside an Extended Civil Restraint Order arising out of the claims. (2023)
- Acting for the Claimant in a stress at work claim arising from her work in the secure estate. The matter settled at JSM for over £100,000
- Acting for the partner of deceased in a fatal accident claim arising from an accident at work. The claim settled at JSM for £750,000 and involved novel issues of apportionment for the family (concluded 2022)
- Acting for the family of a city worker who died in a road traffic accident (concluded 2021)
Clinical Negligence Law
Heather is the head of the Clinical Negligence Team at 42BR Barristers.
She acts for both Claimants and Defendants (both in the public and private healthcare sectors). She particularly enjoys dealing with matters concerning complex medical issues, and has been instructed in a broad range of claims against, for example, GPs, surgeons, midwives, dentists, and NHS Trusts.
Heather frequently advises on paper and in conference across the range of her clinical negligence practice. She has a busy multi-track court practice, and regularly drafts Statements of Case in claims pleaded significantly in excess of £1m (for both Claimants and Defendants).
She has particular experience in dealing with cases concerning cosmetic surgery and the specific issues that arise in such cases regarding patient expectations and consent.
Recent cases
- Acting for the Claimant (via her litigation friend) in respect of a claim arising from a hypoxic brain injury following surgery. The Schedule of Loss exceeded £1.5m. (concluded 2021)
- Acting for the Defendant in a claim against a private cosmetic surgeon in respect of blepharoplasty treatment
- Acting for the Defendant in a claim brought in respect of bladder injuries sustained by the Claimant in the course of an unplanned caesarean section.
Inquests
Heather is the head of the Inquests team at 42BR Barristers.
The majority of Heather’s coronial work involves inquests heard with juries; she is familiar with the particular issues arising in Article 2 inquests, being regularly instructed in inquests touching on deaths occurring within the secure estate. She also has experience in matters involving health and safety legislation, acting for families, companies, and local authorities.
Heather also regularly appears in non-jury inquests. She is instructed by families, NHS trusts, insurance companies and individual interested parties in inquests into, for example, road traffic accidents, care home deaths, and deaths in hospitals.
Recent work
- Acting for a security contractor in a hospital; the deceased absconded from hospital following preliminary assessment in Accident and Emergency. The jury reached a conclusion of suicide (2024)
- Acting for the family of a patient who was under mental health care in the community. The deceased took her own life. (2024)
- Acting for a private GP provider who was made an interested party to the inquest into the death of a patient (2023)
- Acting for the family of a patient in a care home who was left unassisted, contrary to his care plan, and fell, sustaining fatal injuries (2021)
Inquiries
Heather has experience of acting as Counsel to the Inquiry, and Counsel for Core Participants.
She is currently instructed in 2 high-profile and long-running inquiries.
- Infected Blood Inquiry (Sir Brian Langstaff): representing Haemophilia Scotland, the Scottish Infected Blood Forum, and approximately 200 individual core participants. Sir Brian’s final report is expected in May 2024; the Inquiry has attracted considerable political and media attention.
- Covid-19 Inquiry (Baroness Heather Hallett): counsel to the inquiry, module 2A. Heather was heavily involved in the oral hearings in early 2024 and continues her work as part of the team investigating political and administrative governance and decision making in and concerning Scotland.
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