
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

Tom excelled in his university studies. Achieving a First Class degree in law and receiving four subject prizes (including tort and medical law). He was awarded two Scholarships from Lincoln’s Inn (Lord Denning and Hardwicke) and was called to the Bar in 2002. His pupilage encompassed primarily medical law issues (negligence claims, consent and capacity issues and professional regulatory prosecutions) as well as personal injury and other regulatory work.
He has been at 22 Old Buildings and then 42BR Barristers since 2005 practicing almost exclusively in the fields of personal injury and clinical negligence.
Tom is a contributor to Westlaw Insight and regularly provides training on all aspects of his practice.
Tom is able to accept instructions on a public access basis from individuals, companies and other organisations including NHS Trusts.
As a specialist and experienced clinical negligence barrister his work encompasses all aspects of medical malpractice. He is recommended in the Legal 500 for his Clinical Negligence work. He regularly advises on cases worth six and seven figures in the High Court. A selection of recent cases include:
Tom prides himself on his analysis of difficult causation points. He is comfortable advising upon technical aspects of causation and arguing them in Court where necessary.
In relation to quantum Tom’s work is dedicated to the detailed pleading that complex cases require.
Tom is equally at home representing Claimant’s or medical practitioners.
Tom is able to accept instructions on a public access basis from individuals, companies and other organisations including NHS Trusts.
TC v BGP - The Claimant suffered an above knee amputation and required lifelong prosthetics and care. She had a reduced life expectancy and the question of whether Swift would apply to her accommodation claim and, if not, what other mechanism should be used to ensure proper compensation, was at the heart of the claim. To achieved a seven figure sum in settlement at a JSM.
ZPQ v SSHNT - The Claimant suffered a brachial plexus injury at birth (Narakas Grade IV - the most severe). Liability was never formally admitted and she received no Interim Payments to assist in her rehabilitation and development. Finally a settlement was reached (and approved) in seven figures that allowed her to start to improve her quality of life and move forward into adulthood.
LB v RX - The Claimant suffered a below knee amputation following injuries in a road traffic accident. He changed solicitors close to trial requiring urgent advice and an Application. The prompt action to do so brought about a settlement in seven figures where contributory negligence, causation and the honesty of the Claimant were all in dispute.
IB v SWUNFT (ongoing) - The Claimant suffered obstetric injury and CP. Liability, causation and quantum are in dispute. The matter is likely to take many years to reach full resolution.
AS v (1) PR and (2) WA - The Claimant was wrongly diagnosed with a significant cardiac artery stenosis. She therefore chose to undergo unnecessary cardiac surgery and gave up her career to avoid stress. She only discovered the misdiagnosis years later after she had moved out of London and completely changed her lifestyle. The Defendant's both denied liability until a limited admission was made in one Defence. The claim settled at JSM for a substantial six figure sum after receipt of Joint Statements.
SML v SRH - The Claimant alleged negligently performed bariatric surgery. The surgeon had deviated from standard surgical technique and she suffered extensive splenic injury. The complications thereafter resulted in a long a difficult recovery, but the Claimant survived. A significant settlement was reached between the parties.
[articles_area : 909 : 94 |&&| 28 : 100 : DATE]
Coroner’s court work is an important part of Tom’s work. He receives instructions from a variety of interested parties, but is always acutely aware of the respect required for all those involved in what is understandably a difficult process for all those involved.
Tom is keen to be involved from the earliest opportunity to engage with the investigation of the facts, the HSE (where appropriate), interested parties and, of course, the Coroner themselves. Advisory and advocacy work in the Coroner’s Court forms a vital part of the investigation of the untimely death of an individual.
Tom often advises in relation to potential civil actions that may be running alongside, or starting after, the conclusion of proceedings before the Coroner.
Tom is able to accept instructions on a public access basis from individuals, companies and other organisations including NHS Trusts.
Tom’s written and court work as a personal injury barrister now focuses on Multi Track disputes. He advises on cases in six figures on a regular basis and enjoys the process of negotiation and settlement, whether at JSM or otherwise. He has significant experience of all types of personal injury claim:
He has a significant part of his work dedicated to fraudulent road traffic claims, including fraud rings, staged accidents, exaggerated claims, phantom passengers and other opportunistic dishonest conduct. He is the author of the article on civil fraud on Westlaw Insight.
Tom has a particular interest in drafting complex Schedule of Loss and Counter Schedules. He has developed a keen interest in cost budgeting and mathematical aspects of personal injury work.
Tom is able to accept instructions on a public access basis from individuals, companies and other organisations including NHS Trusts.
[articles_area : 909 : 94 |&&| 29 : 100 : DATE]



Catch up on our latest Personal Injury & Clinical Negligence webinar, hosted by Thomas Wood and Laura Giachardi.
Published: 19th Feb 2025
![Thomas Wood provides his initial view on Paul and Anor v Royal Wolverhampton NHS Trust, Polmear and Anor v Royal Cornwall Hospitals NHS Trust and Purchase v Ahmed [2024] UKSC 1](https://www.42br.com/_files/article/629/501-tom-wood.png)
Thomas Wood provide a brief initial view.
Published: 22nd Jan 2024

Recording of our Virtual Pupillage Open Evening 2024.
Published: 10th Jan 2024

Thomas Wood and Sinclair Cramsie will provide a clinical negligence and personal injury seminar in Norwich on 24th May 2023.
Published: 27th Apr 2023

These talks are aimed at practitioners of all levels of PQE. They will provide an invaluable update in an era where home working has made that more challenging.
Published: 10th Feb 2022

On 23 February 2016 the Court of Appeal gave judgment in Broadhurst v Tan and Taylor v Smith [2016] EWCA Civ 94, an important decision for Claimants seeking to maximise the recovery of their costs in cases where they are usually limited to fixed costs.
Published: 3rd Mar 2016
Awards & Recognition




