
Fundamental Dishonesty in Personal Injury and Clinical Negligence Claims
Catch up on our latest Personal Injury & Clinical Negligence webinar, hosted by Thomas Wood and Laura Giachardi.
Published: 19th Feb 2025

Laura is a busy and sought after practitioner. She practices predominantly in medical law and personal injury, including claims for psychiatric injury caused by work related stress.
Her medical law practice encompasses both clinical negligence and Court of Protection matters involving mental capacity issues. Laura convenes and lectures on the Masters course for Medical Negligence and Misadventure at King’s College London.
She has a particular expertise in the Illegality Defence, and worked on the Illegality Project at the Law Commission. She appeared in the Supreme Court case of Stoffel v Grondona [2020] UKSC 42.
Laura has also worked on various contract, property, trusts and probate matters as well as cases of professional negligence. She appeared in the Supreme Court case of Devani v Wells [2019] UKSC 4, concerning contractual terms and estate agent commissions.
Laura has a varied personal injury practice and is regularly instructed on complex personal injury cases, including claims against the police and local authorities. She represents both Claimants and Defendants, advising, drafting, negotiating as well as representing the client in court at every stage of proceedings, in joint settlement meetings and in mediations.
Laura’s personal injury practice covers a wide range of claims, including employer’s liability, occupier’s liability, serious road traffic accidents and travel accidents. Laura has a particular specialism in stress at work claims.
Many personal injury clients are vulnerable, whether as a result of brain injury or as a result of other trauma or mental health issues. Laura provides a reassuring presence and takes time to ensure that advice is clear.
Fundamental dishonesty is a regular issue in personal injury cases and Laura represents both Claimants and Defendants in cases involving allegations of fraud.
Recent cases:
Sara Kawsar -v- Met Police Commissioner - Courts and Tribunals Judiciary - Laura was successful in representing the Claimant, SK, in her claim for psychiatric injury against her former employer the Metropolitan Police, resulting in an award of damages of over £300,000 plus costs.
Dr Y v a NHS Trust - A claim for psychiatric injury resulting from stress at work in circumstances where a senior consultant had been overworked and subjected to unwarranted criticism and bullying. Liability was admitted only in relation to a small element of the claim which was likely non-causative. Laura drafted the Particulars of Claim and advised on liability and settlement. Ultimately the claim settled for £850,000.
A v B - Judgment of over £500,000 was entered against the Defendant, who at the time was unrepresented, following a High Court trial of an Occupiers’ Liability claim that took place in his absence. Laura advised the Defendant following trial, and drafted grounds of appeal on the basis that the judge did not properly scrutinise the claim both as to the legal basis of the claim and as to quantum. The Court of Appeal granted permission to appeal on all grounds.
C v D - Instructed by the Claimant in a high-risk claim for psychiatric injury brought against her employer. All issues were firmly in dispute. Of particular concern, the Defendant’s expert psychiatrist made a diagnosis that would have been problematic for the client professionally had the judge accepted this evidence. The case settled for £200,000.
E v F - Representing the Claimant in a claim by a passenger against defendant driver for serious injuries sustained in a road traffic accident. The claimant has been left permanently disabled. Complicating features included: possible alcohol and drug use causing the accident in which the Claimant was a potential participant, meaning that the Defendant had potential defences of Voluntary Assumption of the Risk and Illegality; the Claimant’s past earnings were sporadic; causation of the claim for childcare was disputed due to her history; other unrelated medical issues. The claim settled for £125,000.
Laura accepts instructions to represent parties in inquiries. The majority of her coronial work for bereaved families includes advising as to the potential for subsequent civil proceedings, or if the same are unlikely to succeed to achieving some sort of resolution for the family through obtaining answers to the questions they have.
Recent cases:
JN: an inquest into the death of a young man as a result of suicide, which is sadly one of the leading causes of death in young men. The coroner indicated that she would be contacting the police regarding future interactions with young people and mental health.
KD: an inquest into the death of a young mother as a result of anorexia. Issues concerned treatment of anorexia nervosa in the community, and sufficiency of specialist beds for patients with severe enduring eating disorders, as well as training of staff in Emergency Departments on specific capacity issues surrounding eating disorders.
NG: an ongoing inquest into the death of a man where the family have concerns about management of a longstanding health condition by his medical team as well as failures by occupational health
Laura regularly appears in Court of Protection hearings. Her cases include capacity disputes, best interests disputes involving welfare decisions, deprivation of liberty applications, challenges to deprivation of liberty authorisations and advising as to LPA and deputyship issues.
Recent cases:
G: representing the local authority in a challenge brought by G’s family to his placement in a care home
K: representing the local authority in a challenge brought by K’s RPR to her placement in a care home where she was said to be unhappy
L: application for permission for LPAs to sell L’s house in circumstances where the LPAs were co-owners of the house under a trust
Laura is authorised to accept instructions direct from members of the public. She encourages clients who are considering this route to contact Chambers and discuss their problem.
In suitable cases, Laura can provide client conferences, written advices and representation at court.


Catch up on our latest Personal Injury & Clinical Negligence webinar, hosted by Thomas Wood and Laura Giachardi.
Published: 19th Feb 2025

Lawler v Co-Operative Group Limited [2022] Liverpool County Court
Published: 22nd Sep 2022

A Clinical Negligence & Personal Injury webinar by 42BR members Laura Giachardi and Eleanor Wheeler.
Published: 2nd Sep 2022

A seminar considering the Supreme Court decision in Stoffel v Grondona, where mortgage fraud did not prevent a claim for solicitor’s negligence, and subsequent case law on the illegality defence.
Published: 9th Feb 2022
Published: 2nd Nov 2020

Published: 30th Oct 2020

Laura Giachardi was instructed as junior counsel by the appellant Mr Devani, in his successful appeal to the Supreme Court on the fundamental matters of interpretation and implied terms in contract law.
Published: 13th Feb 2019
Awards & Recognition




