James Badenoch QC
Call: 1968
QC: 1989
james.badenoch@1cor.com
Primary Areas of Practice
Clinical Negligence
Medical Law of all kinds
Professional Regulatory Work
Inquests
Medical Crime
Personal Injury
Sports Law
Human Rights
Accredited Mediator
Profile
James Badenoch was pupil to John (later Mr Justice) Alliott, and Harry (Lord) Woolf
at 1 Crown Office Row where he has practised ever since. He has specialised for
over 25 years in clinical negligence, medical law, and professional discipline. He
took silk in 1989. He has appeared in a succession of major cases in the House of
Lords, The Privy Council, The Court of Appeal, The High Court, The GMC and The
GDC. He acts for Claimants and Defendants.
Appointments
Deputy High Court Judge
Recorder of the Crown Court
President of the Mental Health Review Tribunal
Bencher of Lincolns Inn
Chairman of the Expert Witness Institute
Admitted ad eundem to the Hong Kong Bar
Member of the Chartered Institute of Arbitrators
Fellow of the Royal Society of Medicine
Qualifications
MA Oxford
Directories
Listed for many years in the principal directories as one of the foremost practitioners
in the fields of clinical negligence, professional discipline, and personal injury.
Clinical negligence:
"He is brilliant, extremely thorough and hard-working." (Chambers and Partners
2016)
“Very hardworking and loved by all.” (Legal 500 2015)
"A lawyer who's seen it all, done it all and is tremendously well respected, he is
someone with exacting standards, who demands a lot from his instructing solicitor,
but produces top-quality work." (Chambers and Partners 2015)
"Committed, knowledgeable and extremely experienced. When you go to trial he
dominates the courtroom." (Chambers and Partners 2014)
James Badenoch QC is ‘highly experienced, personable and very astute’, (Legal
500, 2013)
The "highly experienced, personable and very astute" James Badenoch QC is
recommended as he understands "difficult, unusual cases" and is "particularly
reassuring to nervous clients." Market experts report him to be "practically the father
of clinical negligence" and solicitors note his "exceptional insight especially when it
comes to liability in birth injury cases." (Chambers and Partners 2013)
A “brilliant courtroom barrister” who often deals with the most complex cases.
Badenoch “is indefatigable, and exhibits a real presence and determination in
court.” He particularly impresses with his “wealth of knowledge and expertise in
cerebral palsy claims.” (Chambers and Partners 2012)
“a superb advocate who does an outstanding job” for claimants on complex
matters. Clients say he is a “very experienced leader – very charming and
courteous, but with a doughty determination to represent his clients well.”
(Chambers and Partners 2011)
in a class of his own (The Legal 500 2011)
Known as “the doyen of the Clinical Negligence Claimant Bar” James Badenoch QC
is esteemed by his peers who believe him to be “bright, thorough and extremely
good on his feet.” (Chambers and Partners 2010)
“’Brilliant orator’ James Badenoch QC, is a joy to work with due to his ‘enthusiastic
leadership and outstanding ability to grasp the details of a case fully and quickly.’ ‘A
lawyer with real depth and gravitas,’ he is, nevertheless, ‘someone with great
humanity and sensitivity.’” (Chambers and Partners, 2009)
Professional Discipline:
"James Badenoch QC has both GMC and GDC experience under his belt and is
noted for being very much at home on the procedural side. His extensive
experience in clinical negligence lends further weight to the professional disciplinary
work he picks up, and he is further known for his delightful manner." (Chambers and
Partners, 2008)
Publications
Clinical Negligence, Powers and Harris (Contributor), published by Butterworths 1st
Ed 1990 2nd Ed 1994, 3rd Ed 2000, 4th edition expected 2007
Urology and The Law, (Co-Author) published by Informa 2006
Numerous articles in Learned Journals and Periodicals
Lectures & Talks:
He has lectured frequently on medico-legal and related subjects, including expert
evidence, and is a regular speaker on TV and radio and after dinner. He has
addressed by invitation among others: the Parliamentary and Scientific Committee
of the House of Commons and Lords, the Senior Judiciary, Royal Colleges,
assorted Learned Societies, numerous medical, surgical and expert witness
conferences, seminars and gatherings, AvMA, APIL, the Hong Kong Bar, the Royal
Society of Medicine, and the BMA.
Significant Cases include
Montgomery v Lanarkshire Health Board [2015] UKSC 11
Lillywhite -v- UCL Hospitals NHS Trust [2006] Lloyds Rep Med 268 (CA)
Medical standard of care
Law Society -v- Sarah Harman [2006]
Professional Discipline
Michael Stone -v- South East SHA [2006] EWHC 1668 (Admin)
Medical records, human rights and data protection
East Sussex County Council v 'O' (2002) - child abuse
Preiss v General Dental Council [2001] Lloyd's Rep Med 491 (Privy Council)
Human Rights and Professional Discipline, defining "serious professional
misconduct"
GMC v Dr Gerson (2001) - Disciplinary proceedings
GMC v Dr Harold Shipman (2000)
Disciplinary proceedings
Heil v Rankin [2000] 2 WLR 1173 (CA)
Landmark case on general damages
Penney & Others v East Kent Health Authority [2000] Lloyd's Rep Med 41 (CA)
Application and limits of 'Bolam Test'
GMC v Dr Asirifi (1999) - Sexual abuse of patients
Hossack v General Dental Council (1998) 40 BMLR 97 (PC) - Appeal to Privy
Council - principles
Dobbie v Medway Health Authority [1994] 5 Med LR 160 (CA)
Medical injury, limitation principles
Wilsher v Essex Area Health Authority [1988] AC 1074 (HL)
Medical negligence, causation principles
The Wendy Savage Inquiry (1986) - NHS disciplinary tribunal
Personal
He was the top open classical scholar [“Demyship”] at Magdalen College, Oxford,
where took his law degree. His interests include travel, fossil hunting, wildlife
photography and the study of Herons. He speaks both French and Italian.
He is a member of the following professional associations; Professional Negligence
Bar Association, Association of Regulatory and Disciplinary Lawyers, Human Rights
Lawyers Association and the London Common Law & Commercial Bar Association.