Rebecca Titus-Cobb

Rebecca accepts instructions in all areas of personal injury work and has a particular expertise in actions against the police, other public authorities and abuse claims. She undertakes work for Claimants and Defendants at all levels of value and complexity. She also has experience of appearing before the Criminal Injuries Compensation Tribunal.

Cases

• W v Ministry of Justice Acted for the Claimant in a claim against the Ministry of Justice following a serious assault by a fellow prisoner with an improvised weapon. The claim was successfully settled though liability was not formally admitted.
• EA v L City Council Acted for the Claimant in a claim against the Defendant local authority arising from historic allegations of abuse and neglect.
• Re GB Acted for the Claimant, a protected party, in a claim against a local authority following a sexual assault which occurred in a care setting.
• Re S Appeared for the Appellant victim of a serious sexual assault before the First-Tier (Criminal Injuries Compensation) Tribunal. The tribunal significantly increased the Appellant’s award for compensation under the CICA scheme.

Rebecca has a busy clinical negligence practice and acts increasingly for both Claimants and Defendants in equal measure. She has been instructed in cases involving delay in diagnosis and treatment, surgery, emergency care, birth injury and stillbirth.

Rebecca brings her experience of mental capacity, community care and mental health law in the Court of Protection to her clinical negligence practice. She has a particular expertise in dealing with cases involving vulnerable Claimants or those who may lack capacity in certain respects.

For Defendants, she has been instructed by NHS Resolution for NHS Trusts, care homes and private medical practitioners.

She drafts pleadings and regularly advises in writing and in conference with experts where there are complex issues of breach of duty and causation. She regularly appears in the County Court and has experience at mediation for both Claimants and Defendants. Rebecca regularly acts for families and NHS Trusts at inquests where there are related civil claims.

Cases

• P v SH NHS FT Acted for the Defendant NHS Trust in a claim for psychiatric injury and associated losses following the stillbirth of the Claimant’s child. The claim was settled at mediation in excess of £100,000, significantly below the pleaded value of the claim.
• CH v SHK NHT FT Acted for the Defendant NHS Trust in a claim arising from allegations of delay in diagnosis and treatment of breast cancer for which the Claimant underwent mastectomy, chemotherapy and elective oophorectomy. Causation was denied on the basis that mastectomy and chemotherapy would have been required in any event.
• W v SH and others Acted for a Defendant nurse practitioner in a claim arising from a delay in diagnosis and treatment of cancer. Issues of indemnity and vicarious liability arose between the various Defendants and their respective medical defence organisations. The claim was discontinued against the nurse practitioner following service of the Defence drafted by Rebecca.
• D v COC NHS FT Acted for the Defendant NHS Trust in a claim involving allegations of failure to diagnose arterial thrombosis in the Emergency Department. Breach of duty was denied on the basis that the Claimant’s presentation was not indicative of an acute embolic event.
• H v E Acted for the Claimant in a claim involving negligent pharmaceutical dispensing which resulted in the Claimant infant suffering an overdose of thyroid medication.
• MN v DTH NHS FT Acted for the Claimant child in a claim arising from a delay in diagnosis and treatment of appendicitis which resulted in him suffering a perforated appendix and post-operative peritonitis.
• AA v MY NHS TRUST Acted for the Claimant, including at mediation, in a claim arising from allegations of negligent rehabilitative treatment following surgery which resulted in the Claimant suffering a patella fracture.

Prior to coming to the bar, Rebecca developed a keen interest in civil liberties and police law while working for the Independent Police Complaints Commission (now IOPC) and the human rights organisation, Liberty. Building on her experience, Rebecca is regularly instructed in actions against the police, prisons and other public authorities. She has acted in civil actions involving allegations of assault, false imprisonment and those brought pursuant to the Human Rights Act 1998. Rebecca is regularly instructed to advise in claims against local authorities arising from allegations of historic abuse and “failure to remove” cases.

She is presently instructed as part of a team of counsel in a multi-million pound claim arising from allegations of misconduct in a public office.

Cases

• L v Chief Constable of Greater Manchester Police Acted for the Claimant in an application for permission to bring a claim following an alleged assault by police officers during his arrest.
• MR v Chief Constable Port of Dover Police Acted for the Defendant Chief Constable in a claim for false imprisonment.
• LW v Chief Constable of Lancashire Police Acted for the Claimant in a claim for false imprisonment on the basis of an unlawful arrest.
• AK v L Acted for the Claimant (a protected party) in a claim for false imprisonment and breaches of her Article 5 rights arising from unlawful deprivation of liberty in a care home.
• AC v B Acted for the Defendant Local Authority in a case involving potential breaches of the child Claimant’s Article 8 rights in related care proceedings.

Rebecca has a busy inquest practice and regularly appears at inquest hearings, both final and pre inquest reviews. She appears for bereaved families and other interested persons and has acted for NHS Trusts, care agencies and other bodies. She is happy to deal with ad hoc instructions where interim applications/submissions to the coroner are required, even if on an urgent basis. She acts in both Article 2 and non-Article 2 inquests.

Rebecca brings her clinical negligence and Court of Protection experience to her inquest practice. She has experience of dealing with the most sensitive cases, for instance those involving the deaths of children or self-inflicted deaths. She approaches cases with compassion, sensitivity and commitment. She has a particular expertise in dealing with cases involving vulnerable people and those where there may be issues over capacity or mental health care and treatment.

Cases

• Re EW Acted for the family of a deceased woman who died in suspicious circumstances. A conclusion of natural causes was avoided.
• Re CS Acted for the family of the deceased who died after suffering 3 hospital falls which resulted in fractures to her left and right hips. A narrative conclusion with findings as to neglect was reached and a Regulation 28 report issued against the NHS Trust involved in the deceased’s care.
• Re EB Acted for the family of the deceased at an inquest arising from the death of an 18 year old young woman following potentially negligent urological surgery. A related civil claim was ultimately successful, the NHS Trust admitting that her death was sadly avoidable.
• Re FH acted for the bereaved family following the self-inflicted death of a 13 year old girl. Deficiencies in the deceased’s care under CAMHS were identified at inquest.
• Re JM acted for the Defendant NHS Trust following a death which occurred after the deceased sustained a bowel injury during the insertion of a suprapubic catheter.
• Re JP acted for a care provider following the death of a care home resident who was incorrectly identified as having a “do not resuscitate” agreement in place. A conclusion of natural causes was recorded and no Regulation 28 report issued against the care provider.

Rebecca is regularly instructed to act for local authorities, P (through the Official Solicitor or other litigation friends) and family members in health and welfare matters in the Court of Protection. She acts in applications brought pursuant to sections 15,16 and 21A of the Mental Capacity Act 2005. She also has experience of cases which involve the interplay of the Mental Capacity Act 2005 and the Mental Health Act 1983.

Cases

• Acted for the local authority in an urgent application where P was removed from her family home to a place of safety.
• Acted for P in proceedings which included an application by the local authority for committal of a respondent to prison due to persistent breaches of an injunction.
• Acted for the local authority where P was subject to both the DOLS regime and a Guardianship Order under s.7 of the Mental Health Act 1983.

Rebecca brings her civil background and experience to her Court of Protection practice and is happy to advise in cases where there may be related civil claims. She has experience of civil actions arising from allegations of unlawful deprivation of liberty, negligence/abuse in care settings and claims advanced under the Human Rights Act 1998.

• PIBA
• CPBA

• BA, History (First Class honours), Kings College London
• Graduate Diploma in Law (Distinction), BPP University
• Bar Professional Training Course, BPP University
• Sir Robert Micklethwait Memorial Scholarship, Middle Temple

“Rebecca is a very thorough expert who is always very prepared ahead of conferences. During conferences, she is very good with experts and clients and is effective at managing experts and ensuring evidence and conclusions are clear.” Legal 500 2024 (Clinical Negligence)