Julie-Anne Luck

Personal Injury

The majority of Julie-Anne’s personal injury instructions are for cases where the damages at issue lie between £50,000 to £1,000,000, although cases with values above and below that range can be considered through the clerking team.

She specialises in claims encompassing employers’ liability, occupiers’ liability, highways, road traffic accident claims and injuries caused by animals.  She receives numerous repeat instructions from both Defendants and Claimants to advise on liability, quantum and tactics, draft pleadings and provide court representation.

She is experienced in clinical negligence cases, and has advised on complex cases including: delayed diagnosis of lung cancer; skin necrosis following a face lift; an obstructive episode during repair of an incisional hernia (resulting in a life-threatening chain of surgical events); delayed treatment of vascular disease (which resulted in leg amputation), and the death of a baby caused by negligent midwifery care. See Julie-Anne’s separate CV for further information.

Julie-Anne also undertakes inquest work on cases involving medical negligence.

She is renowned for her careful attention to detail, ability to get to grips with the main issues in a case, and her personable approach.

Concluded Personal Injury Claims

Claim against The Motor Insurers Bureau (2023)
A claim was brought for £1,073,000 under the Law Reform Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976, following death of a cyclist on her way to work. The claim included £835,000 for services dependency, and £200,000 for financial dependency, plus damages for PSLA, and miscellaneous losses.
On behalf of the MIB, Julie-Anne:
(i) Conducted a conference with the care expert as to his draft report;
(ii) Advised on strategy
(iii) Advised on the Claimant’s financial expert report
(iv) Drafted the Counter Schedule of Loss
(v) Negotiated final settlement at a Joint Settlement Hearing

Claim against LB (2023)
The Claimant suffered a severe brain injury in a RTA. Representing D, Julie-Anne:
i. Drafted detailed witness statements responding to C’s two applications for interim payments. (The money was requested to fund an expensive change in residential care for rehabilitation purposes, in the context of a case with significant medical causation and contributory negligence issues.)
ii. Drafted a Skeleton Argument considering the above issues and the Eele’s calculation.
iii. Provided advocacy services at the hearing of the two applications before HHJ Sephton KC sitting in the High Court.

K v AI (2023)
C suffered injuries in an RTA. Due to concerns over C’s honestly, the Defence alleged fundamental dishonesty. It was discovered that C had transferred assets out of her name, meaning D would be unable to enforce future costs order against her.
Julie-Anne successfully represented D in seeking an Order for Security For Costs against C, pursuant to CPR 25.12(1) .
This was a precedent setting application, as there was no prior case in which a judge had been asked to determine whether the “QOCS” regime prevented such an Order being made. C subsequently discontinued her claim, which was valued up to £10,000,000.

Various Claimants – Claim against TP (2023)
Julie-Anne represented two care workers who suffered physical injuries and PTSD following a frightening attack on them and other staff by a patient at a psychiatric hospital. Both intended to progress their careers, but were unable to do so as a consequence of their injuries.
Julie-Anne advised in conferences, advised upon strategy, drafted their Schedules of Loss, and represented them at the CCMC hearings. She also represented both Claimants at Joint Settlement meetings, where the cases settled.

B v T (2023)
The Claimant suffered physical and psychological injuries during an RTA, in which her mother died. She was claiming £1,077,000 for PSLA and lost earnings. Julie-Anne represented D, undertaking the following work:
i. Attending the CCMC, including considering strategy
ii. Meeting experts in conference (Psychologist and Orthopaedic Surgeon) to discuss their draft reports and prepare them for joint discussions.
iii. Drafted the Counter Schedule of Loss
iv. Negotiated settlement of the claim at JSM.

R v H & MIB (2022)
RTA in which C suffered a severe traumatic brain injury including multiple brain contusions, haemorrhage, complex facial fractures, and severe psychological cognitive injuries. Value pleaded in excess of £200,000.
Julie-Anne was instructed to draft the Defence, a preliminary CSOL and to provide an Advice on:
· Liability of the first defendant
· Liability of a third party driver,
· Merits of issuing potential contribution proceedings against the third party driver.
· Contributory negligence regarding C’s failure to wear a seatbelt.
Involved consideration of Police Serious Collision Report, CCTV footage, witness statements and photographic evidence.

JM v SPSA (2022)
Julie-Anne represented D at four interlocutory hearings, and obtained an Order debarring C from updating his SOL. The Order was over-turned, and C gained permission to introduce new experts in the fields of neurology, neuropsychology, neuropsychiatry, and care, and permission to update the SOL. C also sought to rely on a costs budget increased from £50k to £550K.
Julie-Anne recommended seeking permission to appeal the Order. She worked with Chris Kennedy KC on the proposed appeal and drafted the Skeleton Argument with him. Julie-Anne advised on quantum and the case reached a favourable settlement prior to the appeal hearing.

M v PHC (2022)
C suffered an tripping accident at work, sustained a nasty ankle injury (bimalleolar fracture with transverse medial malleolar fracture & Weber C fracture of lateral malleolus). C has been unable to return to his previous work. Final value currently unknown but pleaded in excess of £200,000.
Major corrective surgery was planned to improve C’s ability to walk and function.
Julie-Anne represented D at the CCMC, where issues involved the extent of and timing of expert evidence (eg need for pain management, employment, orthotics and pension experts).

H v F & EUI (2022)
The deceased was killed in a vehicle on pedestrian motor collision. Fatal Accident claim pleaded at £564,000, seeking significant sums for past and future dependency claims in resepec of services, income, inheritance tax and income tax. Liability and quantum in issue. Julie-Anne successfully represented C at the hearing of C’s third party disclosure application pursued against the Chief Constable of Cumbria Constabulary (“the police”). The application was integral for the future success of the case, given the liability dispute.

S v V – 2022
RTA case involving a family of 6 (5 seriously injured plus a child who died at the scene), and cross claims between the three drivers). Julie-Anne’s work involved:
– Advising on various liability scenarios
– Liability compromise discussions with the 3 other barristers
– Attending upon CCMC
– Amending D1’s Amended Defence and Part 20 Claim

Claim against IES UK Ltd (2021)
Fatal Accident case, involving a 40-year-old engineer who lost his life whilst in the course of his employment. His widow claimed over £1.3million in respect of financial, pension and services dependency under the Fatal Accidents Act. Julie-Anne was instructed by the insurers of the Defendant employer, and has drafted the Defence, and detailed Counter Schedule of Loss.

M v TF Ltd (2021)
C suffered an accident at work, and is claiming £1.5 million. Liability was disputed.
Julie-Anne represented D at the CCMC and at an application for specific disclosure, for a split trial and concerning expert ergonomic evidence.

D v ESCAT and ACS – Employers liability – Slip causing hip fracture – 2021
Employers liability claim against school and cleaning company, following a slip on wet floor. The Claimant was a teacher, and unable to work after the accident. Liability and quantum in issue. Claim potential value £570,000. Julie-Anne represented the insurers / cleaning company at a three party JSM, which resulted in a favourable settlement at £200,000.

KAS v CM and MIB – Fatal RTA – Uninsured Driver – 2021
Claim by widow and son following fatal RTA of husband / father. Julie-Anne represented the MIB at the CCMC, dealing with directions and budgeting. She later drafted the detailed Counter Schedule of Loss, responding to claim for dependency etc in the sum of £590,000. Julie-Anne also represented the MIB at the JSM, when the claims settled at £255,000, net after 10% liability discount.

T v B & KAM – Tram Crash – multiple Claimants / Part 20 claim – 2020
Julie-Anne successfully represented Metrolink at the trial of a passenger claim following a collision between a tram and a road sweeper. The road sweeper was found wholly liable. The outcome was important because numerous other injured passengers were awaiting the outcome, and the tram was expensive to repair. She also advised the client as to an application by road sweeper to appeal the decision, however permission wasn’t granted in the end.

PS v SS – Brain Injury claim – 2021
The Claimant (C) was a 16 year old who suffered a severe brain injury in an RTA. C made a reasonable recovery, although he still had some memory problems and psychological issues. Julie-Anne advised the Defendant’s insurer on strategy, considered the implications of expert collision evidence, and contributory negligence and advised in conference with 4 separate experts (Neurologist, Neuropschologist, Psychiatrist and Orthopaedic). She also advised on the estimate and whether further offers ought to be advanced, and if so at what level and when.

B v D and HE (Fatal Aquaplaning) – 2021
Julie-Anne represented the insurers of D, who died when his vehicle aquaplaned on standing water on the M58. The issues were of public interest as the RTA occurred on a stretch of motorway where there had been multiple previous accidents (including fatal), in similar conditions (lone vehicle aquaplaning in wet conditions). There has been police concern over this, press interest and involvement at a political level.
D’s passenger sought damages against him and HE. The claim ran alongside Fatal Accident proceedings brought by Mr D’s widow, against HE and their contractor.
Julie-Anne;
– Drafted the Defence, and Part 20 Notice.
– Advised in conference with experts.
– Attended the CCMC and hearings for permission to withdraw a pre-action admission of liability, and to serve the Part 20 Notice.
– Settled the claim at JSM

Protected Party v D; Brain Injury – Interim Payment Application – 2020
The Claimant (C) brought a claim for £10,000,000 for damages arising out of an RTA, during which she suffered a severe traumatic brain injury, which rendered her in the 2% percentile for short term memory ability. Julie-Anne was instructed by the Defendant’s insurers to oppose an interim payment application. C was represented by Darryl Allen KC.
C required 24 hour care in order to attempt to live away from her parents. Previous interim payments had been intended for this purpose, but C’s family had been unsupportive of such rehabilitation plans. The interim payment application turned on the application of the Eeles criteria, in this very complex context.

C v v AFW, IISL, H(UK) Ltd and AP – 2020 – Scaffolding accident
The Claimant (C)  alleged that on two occasions he banged his head on site scaffolding, and claimed special damages of £330,000 plus PSLA. He initially brought his claim against 4 Defendants. Julie-Anne represented the Principal Contractor (D1) on the construction site.
There were issues of both credibility (exaggeration) as well as liability of D1 (whether the client had sufficient “control” over the scaffold is question).
Julie-Anne represented the Principal Contractor (AFW) on the construction site. She
– Advised in writing on the issues of liability and quantum.
– Advised upon the merits and procedure to pursue a Part 20 claim against the Contractor responsible for scaffold construction.
– Drafted an Amended Defence and an application to bring a Part 20 claim against the Scaffolding Contractor
– Liaised with her instructing solicitor over settlement tactics.

LL v SB (Blind in one eye following accident at work) – 2019
Julie-Anne represented the insurers / D in a claim brought by an employee. C lost all useful vision in one eye during an accident which occurred whilst she was “converting blinds”. She also suffered a cosmetic defect and psychological injuries, claiming up to £100,000.
Julie-Anne;
– Drafted the Defence and Counter-Schedule of Loss
– Represented D at the CCMC
– Proofed D’s witnesses in Conference
– Represented D at the two day trial on liability.

DH v AFW (2020)
The Claimant suffered a head injury in the course of his employment and was claiming £360,000 in damages, including future care. There were evidential issues concerning the Claimant’s veracity and reliability. Julie-Anne represented the employers and achieved a favourable settlement at JSM.

FG v D (2020)
The Claimant brings a claim for £10,000,000 for damages arising out of an RTA when she suffered a severe traumatic brain injury.
Julie-Anne was instructed by the Defendant’s insurers to oppose an interim payment application.  The application turned on application of the Eeles criteria, within the context of usual array of voluminous expert evidence, witness evidence, rehabilitation and case management documentation.

W v GCM (2019)
In this multi-track RTA claim, Julie-Anne, instructed by the Defendant, dealt with the CCMC, a contested interim payment application, and drafted the Counter Schedule of Loss. On receiving this document, her instructing solicitor kindly replied “That is, I have to say, one of the best Counter Schedule’s that I have seen”.
The case had significant causation issues, in particular speed of collision and extent of injuries, and involved 6 medical experts, including Pain Management, Neurosurgeons and Psychologists.
At the CCMC, there were costs arguments as to breaches of the pre-action protocol and the judge was willing to make recordings as to the C’s conduct.

RXX v LCC (2018)
This case involved a pedestrian claim following an RTA which settled for £2.7 million. Our Head of Chambers (Christopher Kennedy KC) represented the driver’s insurers in the original claim. Julie-Anne then drafted Particulars of Claim seeking indemnity / contribution from the Highway authority responsible for a pedestrian crossing, to recover insurers outlay of £2,700,000. She also gave preliminary advice on the merits of the claim for contribution. The instructing solicitor described her drafting work as “excellent”.

Aviva Insurance v Ahmed QBD [2018] EWHC 423 (QB)(Spencer J) 29/01/2018
Julie-Anne represented Aviva Insurance at a review of the circumstances of the Defendant’s committal to a sentence of nine months’ imprisonment for contempt of court in relation to the fraud of submitting a false personal injury claim.  During the review, the Defendant admitted his guilt and applied to purge his contempt.  Whilst genuine remorse was shown, Julie-Anne submitted that it was “too little too late”.  The sentence was consequently reduced by only one month to eight months.

SS v JH 2017
Julie-Anne was Junior Counsel in a catastrophic injury claim on behalf of a cyclist, in which both liability and quantum were in dispute.  She drafted the POC and the Schedule of Special Damages (in excess of £3,000,000), advised in conferences at the brain rehabilitation centre, and attended the CCMC and two JSMs.  This case involved leading counsel, initially Richard Pearce (now HHJ Pearce) and subsequently Raymond Machell KC.

B (Deceased)  v PA Hospitals NHS Trust and SR NHS Foundation Trust 2016
Recovered £45,000 for a fatality caused by a failure to manage the orthopaedic and wound care of a diabetic patient.  Liability, causation and quantum in issue.

AM v GS 2016
Recovered £100,000 for an elderly pedestrian that suffered significant RTA injuries.  Case involved 8 experts; with liability and quantum all in issue.

W v JLR Ltd 2016
Employer’s liability claim arising from dermatitis alleged to have been caused by exposure to hazardous substances. 

HH v LC  & DC 2016
Advised on liability and quantum of claim for significant facial scarring and psychological injuries caused by a dog attack.

KP v Wakefield Housing Association (unreported decisions) 2015 and 2016 (HHJ Gosnell)
Established that a failure to install lighting and a handrail in new garden steps was in breach of the duty of care owed to the client tenant by her landlord. Julie-Anne also successfully defeated the Defendant’s appeal.

HR v Oxfordshire County Council (unreported decision of HHJ Harris) 2015
Recovered £70,000 for a teaching assistant who was assaulted by a school pupil following a 2 day trial. Liability and quantum in issue.

B v S.M. Ltd (unreported decision of HHJ Raynor KC) 2015
Two day trial concerning burns caused during laser hair removal treatment.

PS v Manchester Airport PLC (unreported decision) 2015
Established that the Claimants tripping accident was caused by the Airport’s breach of the Workplace (Health, Safety and Welfare) Regulations 1992.

HM v Cheshire West and Chester Council and Bam Nuttall, 2014 WL 3387826, (Heard by HHJ Halbert)
Represented a Claimant who fell down unlit concrete steps.  The issue being whether incorrect labelling of a street light (which led to a failure to repair the street light) was a misfeasance or nonfeasance.

Stacey Evans v The Skin Sanctuary and Janet Arblaster (unreported decision of Recorder Eyre) 2012, leading to a permission to appeal hearing (2012) EWCA Civ 1644 and mediation under the Court of Appeal Mediation Scheme
Successfully represented the claimant in a professional negligence case for injuries caused by an invasive tattoo removal procedure; received much media attention including the Telegraph.

C v L & the Motor Insurers Bureau (unreported decision of HHJ Foster KC) 2011
Preliminary issue hearing to determine whether a fork lift truck is a “motor vehicle” as defined by the Road Traffic Act 1988.

Clinical Negligence

The majority of Julie-Anne’s Clinical Negligence instructions are for cases where the damages at issue lie between £50,000 to £1,000,000, although cases with values above and below that range can be considered through the clerking team.

She is renowned for her careful attention to detail, ability to get to grips with the main issues in a case, and her personable approach. The following anonymised case studies from Julie-Anne’s practice, give an indication of the breadth of her experience. All references to “C” are to the Claimant in the case, and all references to “D” are to the Defendant.

Case Studies

Claims against TP 2024
Julie-Anne represented two care workers who suffered physical injuries and PTSD following a frightening attack on them and other staff by a patient at a psychiatric hospital. Both intended to progress their careers, but were unable to do so as a consequence of their injuries.
Julie-Anne advised in conferences, advised upon strategy, drafted their Schedules of Loss, and represented them at the CCMC hearings. She also represented both Claimants at Joint Settlement meetings, where the cases settled.

Claim against WWL NHS TRUST – 2023
Julie-Anne advised the parents of a baby that died within 24 hours of birth, claiming breaches of duty occurred both in-utero and following delivery of the baby. Damages were sought on behalf of the baby under the 1976 and 1934 Acts, as well as damages for psychiatric injuries sustained by the parents. As part of the instruction, Julie-Anne represented the parents at a 3 day Article 2 inquest, following which the Coroner concluded that post-birth neglect by the Trust contributed to the baby’s death. Thereafter Julie-Anne advised on quantum and the claims subsequently settled.

Claim against RLB UH NHS TRUST – 2023
The Deceased was very poorly with severe stomach pain and vomiting and attended A&E. She was informed that she had a viral infection, and was sent home. She quickly deteriorated, and sadly died the next day. D admitted that there was a failure to accurately record the NEWS score in light of the Deceased’s raised heart rate and that the Deceased was inappropriately discharged.
Julie-Anne advised the Deceased’s widow in conference, prepared the POC and the Schedule of Loss. She also represented the family at mediation, following which the claim settled.

Claim against STH NHS Trust – Missed Hyponatraemia Encephalopathy – 2023
C developed life threatening hyponatraemia encephalopathy following a routine surgical procedure. This was undetected by the hospital, and C was sent home. This negligent care resulted in the C’s later admission to hospital with confusion, weakness, vomiting, and a seizure. The seizure caused a transient brain injury, and C subsequently developed PTSD.
Julie-Anne represented C in her claim for psychological injuries, along with past and future lost business income and care / support. She advised in conference with five experts: a Neurologist, a Neuroradiologist, a Physician and Endocrinologist, a Neuropsychiatrist and a Neuropsychologist. Julie-Anne drafted the POC, the Schedule of Loss, and represented C at a Joint settlement Meeting, where the case settled.

Claim against OE, S and KH – Diagnosis of Infective Endocarditis – 2022
This was a Fatal Accident Claim following a failure to suspect infective endocarditis, and subsequent pulmonary embolism, resulting in delayed treatment and ultimately the Deceased’s death. Claim was for £350,000. Liability and quantum were both in dispute. D1 and D2 were both GP’s. Julie-Anne was instructed by the Pharmaceutical Defence Association to represent the third defendant pharmacist (D3) at the CCMC, and in conference to discuss strategy, in readiness for the forthcoming trial. Julie-Anne represented D3 at a Round Table Meeting, where the case settled.

Claim against EL NHS Trust – 2022
Julie-Anne represented C his claim arising out of delay in diagnosis of Hodgkins Lymphoma. Liability was admitted. The main issue for the case was causation of damage, and the advancement of the cancer that was caused by the delayed diagnosis. She advised in conference with the expert consultant haematologist, gave a preliminary advice on the issues of quantum and strategy and drafted the POC.

Claim against C&W NHS Trust – 2021 – Eye Injury
Julie-Anne represented C in her claim against the Defendant’s ophthalmologist (D). C had suffered a refractive surprise following cataract surgery, which required correcting . D’s ophthalmologist performed intraocular lens replacement surgery, following which C suffered a rupture of the posterior lens capsule and subsequent retinal detachment. She was rendered practically blind in one eye.
Julie-Anne advised C in conference with the expert ophthalmologist in attendance. She prepared questions for the expert, to enable completion of his expert evidence. Thereafter Julie-Anne drafted the POC, the Schedule of Loss and advised on quantum. The case subsequently settled.

Claim against EPUT – Grade 4 Ulcer – 2021
The Deceased received negligent care from D’s community nurses, such that a small ulcer became a grade 4 ulcer, which left her permanently bed ridden and ultimately contributed to her death. A claim was made for the substantial cost of 24 hour private care over a 3 year period, along with PSLA, and bereavement damages / funeral costs.
Julie-Anne has advised the Deceased family in conference, considered expert nursing and life expectancy evidence, drafted the POC and Schedule of Loss, and advised on Part 36 offers, quantum and strategy.

Claim against SH NHS F – Overdose of Morphine – 2021
C was prescribed Oramorph for chronic pain. This was changed to a sugar free version, on advice from her dentist. However C’s GP did not appreciate that the sugar free version with more concentrated. As such, the GP switched C from 100mg per day of morphine to around 900mg per day of morphine. C was on this dose for 6 months before the error was identified. During this time C struggled to work and suffered various side-effects. She suffered withdrawal difficulties as she was weaned off the higher dose.
Julie-Anne advised C in conference and drafted the POC, and schedule of loss. She later advised on Quantum and Causation (liability was admitted). The case was subsequently settled.

Claim against ESH NHS Trust – Urethra Injury – 2020
Julie-Anne represented C in her claim for damage caused to the lower two thirds of her urethra during a right sided laparoscopic adrenalectomy. C became extremely unwell suffering from chronic infection and anaemia, and significant pain and discomfort from the various procedures/surgery for a period of 7 months. C owned her own business and Julie-Anne advised in conference with the financial expert as to the claim for lost business income. Thereafter she drafted the POC, the Schedule of Loss and advised on Quantum / Part 36 offers. The claim has subsequently settled.

Claim against Pennine Acute Hospitals NHS Trust (unreported) (2020)
The Deceased received an Endoscopic Retrograde Cholangio Pancreatography procedure (ERCP) with stent insertion. Removal of the stent was delayed and the stent became blocked, resulting in biliary sepsis, and ultimately leading to the death of the Deceased.
Julie-Anne represented the widow and the estate in a successful claim under the Fatal Accidents Act and Law Reform (Miscellaneous Provisions) Act 1934 following the death.

Claim against WH NHS Trust – 2019
Julie-Anne represented the parents of a deceased baby in a clinical negligence claim, and inquest proceedings. The baby died due to a failure to auscultate his heart rate during second stage of labour. The baby’s death was subject to an Article 2 inquest. The Coroner accepted that failures on the part of the trust were “gross” and found that the baby’s death was caused by the Trust’s “Neglect”.Julie-Anne represented the parents of a deceased baby in a clinical negligence claim, and inquest proceedings. The baby died due to a failure to auscultate his heart rate during second stage of labour.
The baby’s death was subject to an Article 2 inquest. The Coroner accepted that failures on the part of the trust were “gross” and found that the baby’s death was caused by the Trust’s “Neglect”.

Julie-Anne:
– Reviewed evidence gathered during police investigations, including expert midwifery and obstetric evidence.
– Advised the parents upon the merits of their primary and secondary victim claims for psychiatric injuries.
– Met the psychiatric expert and parents in conference.
– Advised on liability (generally) and quantum.
– Drafted the POC and SOL.
– Attended the pre-inquest review hearing and represented the family at the 4 day inquest.
– Advised in relation to settlement.

When interviewed by the press, the clients specifically thanked Julie-Anne “for her tremendous support to us”.  See: https://www.mirror.co.uk/news/uk-news/mum-hopes-lessons-learned-after-21530931

Also see further press coverage at:
https://www.expressandstar.com/news/local-hubs/walsall/2020/02/07/gross-failure-led-to-babys-death-coroner-rules/

Claim against Pennine Acute Hospitals NHS Trust (unreported) (2020)
The Deceased received an Endoscopic Retrograde Cholangio Pancreatography procedure (ERCP) with stent insertion. Removal of the stent was delayed and the stent became blocked, resulting in biliary sepsis, and ultimately leading to the death of the Deceased.
Julie-Anne represented the widow and the estate in a successful claim under the Fatal Accidents Act and Law Reform (Miscellaneous Provisions) Act 1934 following the death.

Claim against OH and MS (2019)
This is a settled claim which involved C being erroneously injected with Depo-Medrone, instead of Depo-Provera; resulting in psychological injury. Julie-Anne was instructed to advise on Causation, Quantum and draft the Particulars of Claim.

Claim against ST NHS Trust (2019)
This is another settled claim, which concerned delayed diagnosis of septic arthritis, which developed after a steroid injection into the Claimant’s right knee.  Julie-Anne conducted a conference with the expert, advised on the merits and quantum, and drafted the Particulars of Claim and Schedule of Loss.

Claim against (NHS Trust) (2018)
Julie-Anne assisted leading Counsel (Mr Christopher Melton KC) by drafting outline Schedule of Loss, and amending draft Particulars of Claim in £6,000,000 clinical negligence claim, involving a baby delivered in 1984 with severe cerebral palsy.

LT v Various (2018)
C, a resident in a care home, failed to receive her usual prescription of Escitalopram (an anti-depressant). The error was not spotted for three weeks, by which time C was in an acute psychotic state, suffering restlessness, sleep disturbance, nocturnal hallucinations and paranoid ideation.  The claim was pursued against the care home, the GP practice and the Contracting Practice Pharmacist, who worked at the GP practice.
Julie-Anne was instructed on behalf of the Pharmaceutical Defence Association to attend the CCMC, and advise in conference and on paper as to the merits of the Defence of the Contracting Practice Pharmacist.

Claim against Mr M (Transform Medical Group) (2017)
The Claimant attended Transform to have a facelift.  Subsequently she suffered ischaemic damage to the skin on the left side of her face and upper neck.  This left her with “very significant, conspicuous and unsightly scarring” and psychiatric injury.  Julie-Anne provided advice throughout on liability, causation and quantum, drafted the POC and SOL, met the client in conference and represented her at a Joint Settlement meeting.

Claim against Pennine Acute Hospitals NHS Trust & Salford Royal NHS Foundation Trust (2016)
Alleged failure to manage the Deceased’s orthopaedic care, and delay in her treatment, such that she developed a Grade 4 necrotic pressure ulcer.  Subsequent surgical repair of fractured tibia became infected, there were issues with quality of wound care, and ultimately The Deceased contracted sepsis, leading to multi-organ failure and death.
Julie-Anne provided advice throughout on liability and causation, drafted the POC, attended the CCMC and advised on quantum leading to settlement of the claim under the Fatal Accidents Act 1976 as amended, and on behalf of the estate of the Deceased (pursuant to the provisions of the Law Reform (Miscellaneous Provisions) Act 1934);

Claim against v Pennine Acute Hospitals NHS Trust (2016)
The Deceased died from terminal lung cancer.  Her lung cancer was diagnosed less than three months before her death. Expert evidence was to the effect that there was a failure by the doctor to heed the X ray finding of persistent opacity on left side.  It was alleged that timely further investigations would have led to detection of cancer at a time when it was still potentially curable.  Julie-Anne provided advice throughout on liability and causation, and attended upon a conference with one of the experts and the Deceased’s daughter.

Claim against Milton Keynes NHS Foundation Trust (2016)
C suffers from Buergers Disease of the arteries and required a left below-knee amputation, and amputation of his right big toe.  Had he received appropriate treatment at the appropriate time, the amputation could have been confined to the big toes.  Julie-Anne advised on quantum, prepared the POC and initial SOL, and gave recommendations for further evidence gathering.

Claim against Maidstone & Tunbridge Wells NHS Trust (2015)
The Claimant (C) attended Maidstone General Hospital for elective repair of a midline incisional hernia.  This would normally have resulted in an uncomplicated outcome.  However unfortunately the surgeon inadvertently placed a suture through the bowel wall, resulting in an obstructive episode.  C required life-threatening surgery in the form of five further laparotomies and spent 5½ weeks in hospital.
Julie-Anne provided advice on liability, causation and quantum, drafted the POC, and attended the CCMC

Claim against East Lancashire Hospitals NHS Trust (2015)
C gave birth to a baby at Burnley General Hospital.  After delivery she received two vaginal packs in order to reduce bleeding.  Unfortunately one of the packs was erroneously left in place.  It was discovered some 14 days after insertion.  However by this time C was suffering not only vaginal pain and tenderness, but also a bladder injury (she was leaking urine), renal failure and a bowel injury.  C was left with a chronic urinary voiding disorder, which causes weak bladder muscles and recurrent urinary tract infections, and a difficulty to empty the bladder.
Julie-Anne provided advice on the case.

Claim against Mr W
The Claimant received a Birmingham hip replacement.  There was an alleged failure to adequately align the femoral component.  As a consequence, the prosthesis was alleged to have been left in an unacceptable alignment, leading to ongoing pain, and the need for early revision surgery.
Julie-Anne drafted Reply to the Defence.

Claim against The Wirral University Teaching Hospital NHS Trust
The Claimant received treatment at the Defendant’s hospital after suffering a fracture of the right femur.  Following surgery to fix the fracture, the Claimant suffered a wound infection.  Despite repeated surgery, the infection became deep seated and extensive. C was left with severe sepsis, limb deformity, leg shortening, severe right hip and leg pain, and very poor mobility.
It is alleged that the D failed to investigate, manage and treat the surgical site infection with reasonable care. Breach of duty was admitted, however causation was in issue.
Julie-Anne prepared the POC and provided a preliminary advice on quantum, and has also assisted the solicitors with the drafting of the £1,000,000 Schedule of Special Damages.

Claim against Dr R (2015)
C suffered from postules in the left axilla which were very painful.  Despite numerous attendances upon the prison healthcare team due to infection of the cyst, he was never referred for specialist treatment.  Subsequently Mr R performed minor surgery at the prison in order to excise the sebaceous cyst.  Within days the wound was infected.  The cyst returned and C developed a lump on his neck.
According to the expert C suffered intense symptomology due to the delay in treatment.  Julie-Anne advised on the expert evidence and drafted the POC.

Claim against The Pennine Acute Hospitals NHS Trust (Royal Oldham Hospital)
C had been in the early stages of pregnancy.  She attended hospital after experiencing abdominal pain.  A scan did not reveal any evidence of intrauterine pregnancy, and so an ectopic pregnancy could not be excluded.  C was offered either medical or surgical management of ectopic pregnancy.  She opted for medical management and took Methotrexate.
Some four days later C returned for a repeat scan and repeat medication.  At this stage a normal pregnancy was observed in the scan.  The baby was at significant risk of limb and cranial deformities as a consequence of the Methotrexate.  Nevertheless Claimant confirmed she wished to continue the pregnancy. Sadly C then miscarried.
Julie-Anne advised upon quantum.

Claim against S M Limited – 2015
C was an A&E Registrar, who sought damages for burns suffered as a consequence of laser hair removal treatment at the Defendant’s premises.  The claim proceeded to a two-day Trial.

Claim against BPAS & Leeds Hospital NHS Trust – 2014
C had abdominal pain, and electric shock sensations down her legs and bleeding.  This was established due to incomplete removal of the foetal remains following a miscarriage.  There was delay in the Trust diagnosing the problem, and arranging surgical evacuation of the retained products of conception.  The Trust accepted liability and the claim was settled.
Julie-Anne advised on quantum.

Evans v The Skin Sanctuary and Janet Arblaster (unreported decision of Recorder Eyre) 2012, leading to a permission to appeal hearing (2012) EWCA Civ 1644 and mediation under the Court of Appeal Mediation Scheme
Julie-Anne successfully represented the claimant in a professional negligence case for injuries caused by an invasive tattoo removal procedure.  The case received media attention including the Telegraph.

Inquests

Julie-Anne is proud to be a member of the Inquest team. She provides representation and advice touching upon all aspects of the coronial process, and is registered as part of the Bar Council’s Direct Access scheme.

As Julie-Anne also undertakes clinical negligence work, she can provide comprehensive advice and representation where the death arises from medical care or treatment.

Examples of recent significant work include:

Claim against a Care Home – 2024
The Deceased died in tragic circumstances whilst resident in a care home. Julie-Anne represented the estate of the Deceased at the inquest into his death. The issues concern inappropriately given CPR, bed sores and medication failures. The Coroner concluded that the Deceased’s death was contributed to by neglect.

Claim against WWL NHS TRUST – 2023
Julie-Anne advised the parents of a baby that died within 24 hours of birth, claiming breaches of duty occurred both in-utero and following delivery of the baby. Damages were sought on behalf of the baby under the 1976 and 1934 Acts, as well as damages for psychiatric injuries sustained by the parents. As part of the instruction, Julie-Anne represented the parents at a 3 day Article 2 inquest, following which the Coroner concluded that post-birth neglect by the Trust contributed to the baby’s death. Thereafter Julie-Anne advised on quantum and the claims subsequently settled.

Claim against WH NHS Trust 2020
Julie-Anne represented the parents of a deceased baby in inquest proceedings, and in the associated clinical negligence claim.  She attended both the pre-inquest review hearing and represented the family at the 4 day Article 2 inquest.
Julie-Anne made submissions that failures on the part of the NHS Trust were ‘gross’ and that the failures caused or contributed to the baby’s death.  The Coroner accepted these submissions and found that the baby’s death was caused by the Trust’s “Neglect”.
See https://www.judiciary.uk/publications/zachary-johnson/
When interviewed by the press, the clients specifically thanked Julie-Anne ‘for her tremendous support to us‘.  See: https://www.mirror.co.uk/news/uk-news/mum-hopes-lessons-learned-after-21530931
Also see further press coverage at:
https://www.expressandstar.com/news/local-hubs/walsall/2020/02/07/gross-failure-led-to-babys-death-coroner-rules/

Inquest via Direct Access Instruction (2018)
Julie-Anne represented the family at an inquest following the tragic death of a young man (Naseeb) in very sensitive circumstances.  Interested parties included his local GP, and the University that he attended.  The latter being questioned as to the quality of counselling and mentoring offered to Naseeb.
The family were pleased that the inquest led to the Coroner issuing a Regulation 28 report to the Financial Conduct Authority, requesting action to address concerns over the conduct of payday loan companies and the inadequacy of financial checks.
See:
https://www.judiciary.uk/?s=naseeb+chuhan
https://www.judiciary.uk/wp-content/uploads/2018/06/Naseeb-Chuhan-2018-0099_Redacted.pdf
Following the inquest Naseeb’s parents offered this kind endorsement of Julie-Anne, and encouraged her to publicise it:
“We want to thank you for all your hard work and thoughtful guidance in relation to our son Naseeb’s inquest. We both especially value the meticulous care you took over analysing a lot of complex material to obtain a full understanding of the underlying issues. We also value your clear professional judgement in steering the case through numerous hurdles in a calm and thoughtful manner.”
“Throughout the harrowing inquest process we felt supported by your clear, reliable communication with ourselves and during the darkest times your appropriate encouragement. You are a very skilled, knowledgeable, hard working and sensitive barrister. Thank you for enabling us to unravel some of what happened to our beloved son in the last few months of his life and to challenge the wrongdoings he experienced‘. – Balwant Kaur and Kuljit Chuhan

Inquest touching MF-R (2019 / 2020)
Julie-Anne represented the family of a much-loved daughter and sister at the inquest hearing, following her death in hospital.  The case carried some complexity, such that the Coroner required written submissions on whether the death was caused or contributed to by the method of administration of a drug called Ondansetron. Ondansetron is an anti-sickness medicine which carries specific instruction as to the manner and period of time over which the drug must be administered.
During Julie-Anne’s questioning, it came to light that the relevant Trust, who were an interested party, had given incorrect information to the Pathologist, which caused him to change his opinion in oral evidence.

Associations

Personal Injury Bar Association

Northern Circuit Medical Law Association

Education

LLB (Hons) University College, University of London

Law Society Finals, College of Law, Chester

Diploma of Credit in Commercial Litigation, Manchester Metropolitan University

Qualified as an ADR Group Accredited Commercial Mediator (2005)

Prescribed Information

Ms Julie-Anne Luck is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Ms Julie-Anne Luck can be found here.

Ms Julie-Anne Luck’s clerks will happily provide no obligation quotations for all legal services that she provides. Their contact details can be found here. It is most common for Ms Julie-Anne Luck to undertake Court services for a fixed fee or a brief fee plus refresher days. For advisory work, paperwork and conferences it is most commonly charged at an hourly rate (although fixed fees are available). Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Ms Julie-Anne Luck will typically return paperwork within 10 to 14 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.