Robert Harland. Overview. Areas of expertise. Clinical Negligence. Memberships. Clinical Negligence Cases. Year of call: 2006

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1 Robert Harland Year of call: 2006 A fearless advocate and a very bright lawyer. Overview Robert Harland is a mixed civil and public law practitioner. He has significant experience in judicial review and human rights cases and is a member of the Treasury Solicitor s Panel of Civil Counsel (B panel). He frequently appears in the Administrative Court, both in permission and substantive hearings. He is skilled in immigration work, including country guidance cases. He is a member of the CPS panel of specialist extradition counsel (level 2). He regularly acts in fast and multi-track civil claims, including clinical negligence, historic sex abuse claims, product liability and claims involving allegations of fraud. He also has an expertise in complex inquiries and inquests. Rob acted on behalf of South Staffordshire PCT throughout the long running inquiry into Mid Staffordshire NHS Trust. He has acted on behalf of families and institutions in a number of Article 2 inquests involving alleged failings by mental health trusts and emergency services, as well as inquests into defective products and systemic failings in clinical and educational settings. Areas of expertise Clinical Negligence Personal Injury Product Liability Public Law Regulatory & Professional Discipline Clinical Negligence Rob has acted for Claimants and Defendants in a number of cases including: obstetric negligence, wrong or delayed diagnosis, orthopaedic and surgical negligence. He is experienced in the negotiation, quantification and other case management of high value claims. His extensive time working on the Mid Stafford Public Inquiry has given him expertise in NHS policy and practice and he is frequently instructed in inquests which scrutinise the quality of medical treatment received. Memberships AvMA Clinical Negligence Cases

2 Clinical Negligence Cases P v X Ambulance & Y NHS Trust : Case involving complex causation issues relating to delayed treatment and septic shock, with negligent treatment both by the ambulance service and the hospital clinicians. JS v NHS Trust: Action relating to a failure to provide an adequate treatment plan to a patient with terminal lung cancer. MJ v SHA: Drafting Particulars of claim and advising in cerebral palsy case. W v MoD: Drafting Defence and advising in case against GPs for failing to refer for orthopaedic opinion. Personal Injury Rob regularly acts in fast track and multi track claims, instructed by both Claimants and Defendants in employers and occupiers liability, as well as road traffic and highways claims. He has particular experience in historic sexual abuse claims and claims involving allegations of fraud. He has also acted in contempt of court proceedings in the High Court involving individuals who had brought false personal injury claims. He has written and given talks on civil practice, including co-authoring the Solicitors Journal Expert Witness Update for Actions Involving The Police Rob has been involved in actions against the police under the Human Rights Act and in common law negligence for failures to relay information obtained in a 999 call, and to investigate widespread child sexual exploitation. Abuse Rob is frequently instructed in historic sexual abuse cases, and is able to provide practical advice on the strategies for bringing what are often complex and difficult claims. His experience includes cases involving: abuse within care homes (including group litigation); failures to remove children from abusive environments; and systemic failures to investigate or protect children from exploitation and abuse. He has provided seminars on the law and practice of bringing such claims. Inquests Rob is regularly instructed in inquests, both by families and by other interested parties, and is very familiar with coronial law. Inquests include: road traffic deaths, deaths on railways, deaths in custody and death in a nursery setting. He has also been involved in a number of significant Article 2 inquests. Fraudulent Claims Rob has significant experience of allegedly fraudulent claims, including Low Velocity Impacts and complex cases where large scale criminal conspiracy is alleged. He also has experience of representing defendants in contempt of court actions following fraudulent claims. Claims Involving The Military

3 Claims Involving The Military Rob has been instructed by the Ministry of Defence in a number of cases of alleged negligence, and is experienced in the MOD s practice and procedure. Personal Injury Cases Havering LBC v Bowyer [2012] EWHC 2237 (Admin): Contempt of court proceedings against individuals who had been involved in bringing false personal injury claims against a local authority. DM v X Police Service: Claim in negligence and under the Human Rights Act for a failure to adequately convey information obtained in a 999 call. Various Claimants v X Borough Council: Claim for failure to investigate and prevent widespread child sexual exploitation. A v W: Case involving 48 different linked fraudulent whiplash claims. Product Liability Rob has acted in a number of product liability cases, including advising in relation to white goods and hip replacements. He is experienced in drafting product liability particulars of claim and advising on strategy and tactics. Product Liability Cases B v X Ltd: Claim arising from a death in a fire caused by a defective fridge freezer. C & B v X Ltd: Cases involving deaths from defective gas cookers. Public Law Rob is a member of the Treasury Solicitor s C Panel. He has substantial experience in the Administrative Court, both in permission and substantive hearings. He is very familiar with immigration work, and has acted for the Secretary of State for the Home Department in the country guidance case of AES (Libya) v SSHD. Rob acted on behalf of South Staffordshire PCT throughout the long running inquiry into the role of commissioning, supervisory and regulatory bodies in relation to failings in care at Mid Staffordshire NHS Trust, which gave him particular expertise in inquiry practice and procedure. He has been instructed to act on behalf of families in a number of Article 2 inquests involving alleged failings by mental health trusts and emergency services. He is also involved in a series of inquests into deaths caused by defective products. Judicial Review Rob is very experienced in the Administrative Court, whether in judicial review or extradition proceedings. He regularly appears in permission and substantive hearings, in reviews of immigration decisions, unlawful detention and challenges to the lawfulness of policy. Public Inquiries

4 Public Inquiries Rob was instructed in the inquiry into the role of commissioning, supervisory and regulatory bodies at Mid Stafford NHS Foundation Trust, and attended daily on behalf of a key Core Participant. He is expert in the law and procedure of Public Inquiries, and skilled in dealing with complex cases involving vast amounts of disclosure. He has since provided advice to a number of bodies on inquiry law, and has provided seminars on the subject. Article 2 Inquests Rob has been instructed on behalf of the family and other Interested Parties in a large number of Article 2 inquests, including in particular claims involving: deaths in custody; deaths of mental health patients; and deaths potentially contributed to by the emergency services. Public Law Cases R (on the application of NS) v Secretary of State for the Home Department [2014] EWHC 1971 (Admin): Case assessing the legality of the SSHD s policy to grant limited leave subject to no recourse to public funds. R (on the application of Diedrick) v Secretary of State for the Home Department and Others [2012] EWHC 2144 (Admin): Instructed on behalf of Hertfordshire Constabulary in a judicial review of the police s policy of stop and account. Ali v SSHD [2013] EWHC 4450 (Admin): Described by Helen Mountfield QC, sitting as a deputy High Court Judge as very helpful and fair. Regulatory & Professional Discipline Rob accepts instructions in regulatory and disciplinary work and has acted as a legal advisor to the panel in police misconduct hearings. Regulatory & Professional Discipline Cases Re K: Legal adviser in police misconduct hearing involving repeated dishonest behaviour. For more information please contact: Tel: +44 (0) Fax: +44 (0) clerks@7br.co.uk Address: 7 Bedford Row; London; Greater London; UK; WC1R 4BS. DX: LDE 347 London

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