Darryl Allen

He is so engaging on his feet and his preparation of the evidence is so meticulous that it really is a bonus to have him in your corner

Chambers and Partners (2020)

Darryl Allen QC

  • Called in 1995
  • Silk in 2014

Darryl Allen QC specialises in personal injury and clinical negligence litigation. He acts on behalf of claimants and defendants in catastrophic injury and high value fatal accident claims. Substantial experience of analysing difficult issues relating to local authority care and accommodation, large care claims and high value complex loss of earnings claims.

He represents patients and their families in clinical negligence claims. His caseload covers a wide spectrum of medical incidents, including delayed diagnosis of cancer, delayed diagnosis of infant brain tumour, surgical errors, birth trauma, failures in spinal anaesthetic technique leading to spinal cord injury, management of congenital heart conditions including infants, community and hospital management of diabetes and diabetic complications, failures in psychiatric care (community and inpatient) leading to suicide/attempted suicide.

Consistently recommended as a leading barrister in personal injury and clinical negligence work (Chambers and Partners/Legal 500).

Personal Injury

Darryl has practised in personal injury litigation since completing his pupillage at Farrar’s Building. He advises and appears on behalf of claimants and defendants in substantial and complex claims, primarily brain, spine and fatal injury. Sitting as a Tribunal Judge on Criminal Injuries Compensation Appeals, he has substantial experience of analysing and deciding difficult issues relating to local authority care and accommodation, large care claims and substantial claims for loss of earnings.

Recommended leading barrister in personal injury work (Chambers & Partners and Legal 500).

 

Concluded cases

DH v. MIB – Represented infant pedestrian who suffered severe brain injury leading to marked cognitive impairment and behavioural problems (with Winston Hunter QC) following “running down” accident involving untraced motorist. Settlement of £1.52m plus £45,000 PPO (£3m lump sum equivalent).

AM v. CP & RSA – Represented severely injured Claimant in concurrent CICA claim arising out of assault leading to brain injury, and QBD proceedings arising out of subsequent road traffic accident leading to stroke and profound physical and cognitive disability (with Geoffrey Tattersall QC). RTA £2,150,000 lump sum plus £135,000 PPO (£4m lump sum equivalent). CICA claim ongoing.

MNA v. MA – Represented brain injured Claimant injured in RTA. Approved settlement (Swift J.) of £1.77m lump sum plus £40,000 PPO (£3m lump sum equivalent).

CP v. WP – Represented infant Claimant who suffered incomplete paraplegia following RTA (with Chris Melton QC). Approved settlement (Swift J.) of £6.65m.

RV v. JB – Represented brain injured Claimant injured in RTA (with Chris Melton QC). Approved settlement (HHJ Platts) of £675,000 lump sum plus stepped PPO of £62,500/£92,500.

FR v. RD – Represented infant Claimant who suffered incomplete paraplegia following RTA (with Chris Melton QC). Settlement of £4.865m lump sum

TR v. RD – Represented infant Claimant who suffered severe brain injury and right sided hemiplegia following RTA (with Chris Melton QC). Approved settlement (HHJ Platts) of £2.1m lump sum plus £60,000 PPO

LD – Represented commercial fisherman in claim arising out of accident on board trawler during fishing operation resulting in serious hand injury. Confidential settlement.

FP v. JNA – Represented brain injured Claimant injured in RTA (with Winston Hunter QC). Approved settlement (King J.) of £3.75m lump sum

C v. D (King J.) – Represented Defendant in £8.5m claim (£200,000 PPO) on behalf of severely brain damaged RTA victim (with Geoffrey Tattersall QC). Lump sum compromised for £2.3m. PPO of £125,000 following 2 week trial. Claimant failed to beat PPO Part 36 Offer with substantial costs consequences.

AB v. ST – Represented tetraplegic ventilator dependent Claimant (with David Allan QC). Recovered lump sum of £2.95m plus £247,500 PPO (£9.5m lump sum equivalent).

TR v. RD – Represented brain injured Claimant (with Chris Melton QC). Recovered lump sum of £2.1m plus £60,000 PPO (£3.87m lump sum equivalent).

NB v. First Manchester Ltd – Represented Claimant (bilateral amputee) following road traffic accident (with Geoffrey Tattersall QC). Recovered £285,00 lump sum plus £56,500/£78,669 step PPO. Difficult issues of causation, extent of injury and co-morbidities.

Howarth v. The Home Office (Moses J.) – Successful claim for compensation on behalf of former Strangeways Prisoner for harassment and breach of Article 8 rights by prison officers.

G v. M – Instructed by Claimant: £600,000 recovered in claim with substantial dispute as to veracity of Claimant’s claims of cognitive impairment (with Chris Melton QC).

TW v. A Ltd – Represented Claimant: significant back injury to formwork carpenter following accident at work; substantial dispute as to residual earnings capacity; £460,000 recovered.

TP v. HE Ltd – Represented Claimant in fatal accident claim arising out of death of husband/father following failure of hydraulic system on industrial wheel loader. Substantial sum recovered subject to confidentiality agreement.

S v. S – Instructed by Claimant in claim arising out of road rage incident: severe orthopaedic and psychiatric injuries, and sexual dysfunctions; limited evidence as to Claimant’s pre-accident income and employment history; £470,000 recovered.

RK v. CICAP (Manchester) – £150,000 award to victim of childhood sexual and physical abuse including substantial award for loss of earning capacity notwithstanding generally traumatic childhood.

Sample current cases

Instructed by defendant in claim arising out of foetal injury sustained in road traffic accident leading to neuropsychological, cognitive and behavioural problems for infant claimant. Complex accommodation and care issues. Complex and contentious applications for interim payments to fund adapted accommodation. Instructed by claimant with significant head injury following building site accident.

Instructed by claimant who suffered severe brain injury in complex claim involving issues of state funding/services, NHS continuing care and local authority funding/services (with Winston Hunter QC). Instructed by defendant in claim arising out of fall through skylight on commercial premises.

Instructed by claimant who suffered serious multiple leg injuries following RTA.

Instructed by brain injured claimant with significant psychiatric injury following running down accident. Instructed by brain injured claimant with significant behavioural problems following frontal lobe brain damage (with David Allan QC)

Instructed by defendant in high value fatal accident claim.

Instructed by defendant in complex claim involving PPO, Peters undertaking and reverse indemnity issues (with Winston Hunter QC)

Clinical Negligence

Darryl is regularly instructed to advise and represent patients and their families in clinical negligence claims. His caseload covers a wide spectrum of medical accidents, including delayed diagnosis of cancer, delayed diagnosis of infant brain tumour, surgical errors, birth trauma, hospital acquired infection, management of infant and grown up congenital heart conditions, and community management of diabetes and diabetic complications. He has successfully represented patients in a number of cases of hospital acquired MRSA infection, securing substantial payments of damages at Joint Settlement Meetings. Recommended leading barrister in clinical negligence (Chambers & Partners and legal 500).

Illustrative work

JM v. East Lancashire Hospitals NHS Trust – Represented Claimant who suffered cerebral palsy as a result of negligently managed labour and delivery (with Raymond Machell QC). Settlement of £1.425m lump sum plus PPO of £290,000. Substantial proportion of the full accommodation purchase costs recovered in response to Claimant’s challenge to the application of Roberts v. Johnstone in this case where the Claimant’s life expectancy was extremely short.

(1) Morris and (2) Gent v. The Royal Cornwall Hospital NHS Trust (HHJ Cotter QC) – Successfully

represented Claimants at five day trial arising out of negligent failure to diagnose appendicitis during pregnancy leading to premature delivery and death of baby; “nervous shock” and psychiatric injury.

JW v. Lancashire Teaching Hospital NHS Foundation Trust – Represented Claimant who suffered spinal cord injury following negligent performed spinal anaestheitc. Liability compromised at JSM. Quantum ongoing.

PH v. Central Manchester University Hospitals NHS Foundation Trust – Represented Claimant who suffered compartment syndrome and profound lower leg neurological injury as a result of negligently performed ACL reconstruction surgery. Lump sum settlement of £775,000 with provisional damages order in respect of future risk of amputation.

VT v. Various NHS Trusts – Represented the estate and dependants of patient who took his own life following failures to provide medical care, psychiatric support and alcohol dependency support/treatment by various agencies. Settled at mediation. Approved settlement in respect of claims by infant dependants.

MS v. D NHS Trust – Represented Claimant in claim arising out of negligent failure to diagnose evolving cauda equina syndrome. Lump sum settlement of £1.6m

DG v. Royal Bolton Hospital Foundation NHS Trust – £1m (approx) lump sum plus step PPO (£17,500/£60,000) settlement arising out of negligent failure to diagnose and treat spinal abscess resulting in incomplete tetraplegia.

KT v. AS – Represented Claimant who developed grossly disabling chronic pain syndrome as a result of negligently performed lumbar disc replacement surgery (with David Allan QC). The Claimant was severely disabled and wheelchair dependent. Lump sum settlement of £3.9m (net of liability compromise).

MR v. Wrightington, Wigan & Leigh NHS Trust – Negligent management of anticoagulation resulting in stroke and hemiparesis. Significant issues as to causation and extent of injury in elderly claimant with pre-existing health problems. £250,000 lump sum settlement.

PR v. Salford and Trafford Health Authority – £625,000 settlement arising out of negligent historical failure to correct club foot deformity (1978) resulting in below knee amputation.

Holly v. O’Malley & Ors (Elias J.) – £500,000 settlement arising out of failure to diagnose and treat diabetic retinopathy leading to complete loss of vision for construction worker.

M v. North Cheshire NHS Trust and Another – Delayed diagnosis and treatment of breast cancer – Reduced life expectancy – Successful recovery of damages for loss of parental and domestic services during ‘lost years’ – £400,000 recovered.

Chiles v. Bolton Hospitals NHS Trust – Negligent management of ‘grown up congenital heart condition’ in pregnancy – Fatal Accidents Act claim on behalf of widower and two children – £400,000 settlement.

RL v. Barnet & Chase Hospitals NHS Trust – £330,000 settlement arising out of hospital acquired MRSA infection (liability denied).

PM & Anor v. North Cheshire Hospitals NHS Trust – Maternal death following negligently performed amnioscentesis – Fatal Accidents Act claims on behalf of widower and child, and maternal mother (nervous shock) – £250,000 recovered.

FO v. Blackpool Fylde & Wyre Hospitals NHS Trust – £115,000 settlement arising out of hospital acquired MRSA infection (liability denied).

Rosario v. St George’s Hospital NHS Trust – Failure to warn of risks associated with Botulinum Toxin treatment of recurrent temporo-mandibular joint dislocation – anxiety and depression – Judgment for claimant following 5 day trial.

DW v. University Hospitals of Morecambe Bay NHS Trust – Delayed diagnosis of post-partum haemorrhage at midwife led maternity unit resulting in hysterectomy and psychiatric injury – £82,500 recovered.

PW v. Pennine Acute Hospitals NHS Trust – Negligent nursing care leading to Grade 5 pressure sore – £75,000 recovered.

Sample current cases

Multiple cases arising out of delayed diagnosis and treatment of evolving cauda equina syndrome.

Negligent performance of spinal anaesthetic leading to paraplegia.

Negligent failure to diagnose and treat aortic dissection leading to death of young mother in early post-natal period. Substantial and complex dependency claims on behalf of surviving spouse and children.

Failure to diagnose central venous thrombosis in patient undergoing chemotherapy for leukaemia. Representing family of deceased patient; “nervous shock” and secondary victims.

Mismanagement of labour resulting in cerebral palsy.

Failure to identify and treat maternal infection leading to cerebral palsy.

Delayed diagnosis and treatment or retinopathy or prematurity resulting in significant loss of vision

Negligent hip replacement surgery.

GP failure to refer patient presenting with obvious neurological symptoms and complaints resulting in delayed diagnosis of brain tumour.

Various claims arising out of negligent care in residential/nursing care homes resulting in severe pressure sores.

Mismanagement of labour resulting in profound brain damage to child leading to death in early life; psychiatric injury to mother and father as secondary victim.

Claim against EU plastic surgeon for negligent cosmetic surgery: loss of career as successful model.

Failure to diagnose congenital hip displacement.

Delayed diagnosis of infective arthritis in infant claimant resulting in significant hip deformity and major leg extension and reconstructive surgery. Liability eventually conceded after exchange of expert evidence. Quantum yet to be tried.

Disciplinary

Darryl is regularly instructed to represent the GMC before Fitness to Practise Panels.

Darryl’s professional negligence practice relates primarily to actions against legal advisers arising out of failed or inappropriately compromised personal injury and clinical negligence claims.

GMC v. Dr C – Misconduct. Surgery beyond competence of “Consultant” practising at Independent Sector Treatment Centre. Substandard surgery and subsequent dishonesty in relation to notes and communication with other surgeons.

GMC v. Dr K – Misconduct. Improper allegations to police against Consultant Colleague.

GMC v. Dr A – Misconduct. Dishonesty. Falsification of qualifications in job applications and CVs. Dishonest misrepresentation to employer, GMC and police.

If you would like to instruct Darryl Allen QC or would like help or advice in doing so, please call and talk to our excellent clerking team, led by senior clerk Alan Kilbey MBE. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at chambers@farrarsbuilding.co.uk

For more information about our clerking team, please click here for the clerks page.

Appointments & Memberships


Attorney-General’s Panel of Junior Council (1999)

Member of Criminal Injuries Compensation Appeals Panel (2007)

Counsel to T&N compensation scheme for victims of asbestos exposure (2007)

Tribunal Judge (Criminal Injuries Compensation) (2009)

Recorder (Civil) (2010)

Executive Committee Member of Personal Injuries Bar Association

Deputy High Court Judge (QBD and Administrative Court) (2017)

Chair of PIBA (2018)

PIBA

Action against Medical Accidents

Northern Administrative Law Association