Jacqueline Swain

Jacqueline Swain - Barrister at St John's Buildings

Email: clerk@stjohnsbuildings.co.uk

Phone: 0161 214 1500

Year of call: 1998

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Miss Swain has expertise in advising in and litigating personal injury, clinical negligence, inquests and costs. She joined St John’s Buildings in 2016, having been a member of Harrington Street Chambers, Liverpool for 13 years. She is an experienced advocate and particularly enjoys court work and client conferences. Since 2013 she has been an approved pupil supervisor. Miss Swain is also a trained mediator.

Memberships

  • Personal Injury Bar Association
  • Association of Women Barristers
  • Northern Circuit

Awards/Education

  • Sir Thomas More Bursaries, Lincoln’s Inn, 1997 and 1998
  • Hardwicke Scholarship, Lincoln’s Inn, 1998
  • Bar Vocational Course, Inns of Court School of Law, London, 1998
  • LLB (Hons) Leicester University 1994-1997

Expertise

  • Personal Injury

    Miss Swain specialises in personal injury litigation. She acts for both claimants and defendants in multi-track cases and fast track cases. Areas of expertise include large loss and complex claims, serious and fatal road traffic accidents, employer’s liability, public liability, occupier’s liability and product liability. She has particular expertise in claims involving burns and scarring injuries and claims brought on behalf of children and protected parties.

    For defendants, her clients include insurance companies, health trusts, local authorities and public transport companies. She has undertaken significant work defending fraudulent claims and has particular expertise in the drafting of defences and Part 35 questions to experts.

    Cases

    November 2018 – O – successfully defended the driver of a car which struck a pedestrian at a traffic light controlled crossing causing injury, in circumstances where the defendant driver whilst turning right at a green light in her favour had failed to see the claimant on the crossing until the point of impact. It was the defendant’s case that the claimant had walked into the offside of the defendant’s car. The claimant, whilst wearing a hood which may have obscured her view to the left, had attempted to cross when the pedestrian crossing light was showing red against her but whilst she perceived there to be a gap in the traffic. She had failed to see the defendant’s vehicle until the point of impact. No other vehicles or street furniture obscured the view of either party across the road junction. Claim dismissed at trial.

    2018 – F – advised the claimant in conference and in writing in his claim for damages arising from a road a traffic accident. The claimant was still a minor when he was struck by the defendant’s car whilst running across the A57 Hyde Rd, causing him to suffer a head injury. Liability was denied by the defendant. The claim settled successfully in the sum of £100,000.

    2018 – D –  advised the dependant son and mother of the deceased in respect of a fatal accident claim for damages arising from a multiple vehicle accident on the M56 eastbound in which the defendant driver also died from his injuries. The claim involved expert life expectancy evidence in respect of the dependant mother. Advising in conference, in writing and also drafting pleadings and schedule of loss. The claim settled successfully in the sum of £150,000.

    July 2018 – F – represented the claimant respondent in an appeal brought on behalf of the defendant against a refusal by the trial judge to make a finding of fundamental dishonesty following a fast track trial in December 2017. Advising in writing following the trial, drafting respondent’s skeleton argument, representing the claimant respondent at the appeal hearing. The appeal was before Mrs Justice Andrews in the High Court at Manchester and the appeal allowed and a finding of fundamental dishonesty made.

    2018 – M – advising the claimant in conference where liability remained in dispute. The claimant had made a pre-issue offer of 50:50 split liability and the defendant had made an offer of two thirds: one thirds apportionment of liability. The claim successfully settled in the sum of £25,000 net of interim payments.

    2017 – P – advising the claimant in conference in respect of a claim for damages arising from a fall down steps at a holiday cottage. The claimant suffered a head injury including some hearing loss. The claim successfully settled in the sum of £35,000 in April 2017.

    2017 – B – advising the claimant in conference late 2016 and also as to quantum in February 2017 in a claim involving a serious accident at work causing injuries including open fractures to the tibia and fibia requiring surgery, back injury, fractured metacarpals and dental injury. The claim settled successfully in March 2017 in the sum of £200,000.

    2017 – S and R – advising the claimants in conference, drafted pleadings and prepared schedules of loss, also written advice as to quantum. The claimants were pedestrians out shopping together when they were struck and injured by the defendant’s vehicle which lost control in a marketplace and mounted the pavement. The claims settled successfully in respect of R in the sum of £37,000 and S in the sum of £30,000.

    2016 – A (sister of C, below) – advised the claimant extensively in multiple conferences and also in writing in 2014/15, prepared pleadings and drafted schedules of loss, attended interlocutory hearings and a joint settlement meeting. The claimant was struck by a vehicle and seriously injured when the defendant driver lost control and mounted the pavement whilst A was waiting with her mother (who was fatally injured) having attended a funeral. The claimant suffered significant injury to her legs which greatly reduced her mobility. Notable features of the case included expert care reports, and expert evidence on reduced life expectancy in the context of obesity, hypertension and smoking. A’s case failed to settle at JSM in October 2015 and eventually settled in March 2016 for a significantly higher sum of £400,000.

    2016 – V – represented the claimant who sustained a significant facial scarring injury when she was run over by a car at a pedestrian crossing on the A56 Chester Rd. Liability was denied by the defendant. Advising the claimant in conference in respect of liability, causation and quantum, also advising on paper, drafting pleadings and attending interlocutory hearings. The claim settled successfully very close to the trial date in the sum of £48,000 in February 2016.

    2015 – C (brother of A, above) – represented the claimant after suffering a significant injury to his shoulder caused by a chimney stack whilst working on a roof. The claim involved issues of breach of duty, contributory negligence, causation and quantum. Advising the claimant in conferences, drafted pleadings and schedule of loss. C suffered with very significant depression and attended conferences with his CPN in support.

    It was an unusual and complex situation in which the traumatic circumstances in which A (above) later became injured had a significant impact upon the severe psychological injury suffered by C consequent upon his earlier (separate) accident and his subsequent inability to work. The claim settled successfully in the sum of £150,000 in October 2015 whilst proceeding towards trial.

    2015 – K – represented the claimant who suffered a serious injury when he fell from a moving cherry picker whilst at work on a construction site. The multi-track claim involved significant issues of contributory negligence, causation and quantum. Advising in conference and on paper, preparing pleadings, schedule of loss and attended interlocutory hearings. The claim settled successfully at JSM in the sum of £150,000 in October 2015.

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  • Clinical Negligence

    Miss Swain has recent experience in claims involving a degree of complexity in respect of breach and causation, e.g. alleged negligent radiofrequency controlled ablation of kidney causing gradual perforation of the bowel, emergency surgery and colostomy; delay in diagnosis and treatment causing peritonitis and the formation of large pelvic abscesses requiring extensive surgery; negligent failure to remove a swab following gynaecological surgery and subsequent failures resulting in significant and unpleasant physical and psychological symptoms for several years. She is actively increasing her practice in clinical negligence.

    Miss Swain has particular expertise in claims involving negligent beauty and cosmetic treatments including cosmetic surgical procedures to the face, chest, buttocks; and also non-invasive beauty treatments involving lasers, waxing, dermal fillers and tattooing.

    Cases

    September 2018 – W – represented the claimant in a clinical negligence claim for damages arising from the alleged negligent performance of a radiofrequency ablation procedure resulting in a life threatening bowel perforation necessitating emergency surgery, intensive care and long term stoma. Liability was denied. Advising the claimant in multiple conferences, drafting pleadings, attending interlocutory hearings and at JSM. The claim was listed for a 4 day trial in November 2018. The claim settled successfully at JSM in the sum of £80,000 in September 2018.

    2016 – S – advising the claimant in conference, drafting pleadings and schedule of loss in a complex clinical negligence case involving a significant delay in diagnosis and treatment causing peritonitis and the formation of large pelvic abscesses requiring extensive surgery. The claimant also suffered a psychological injury. The claim settled successfully in the sum of £100,000.

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  • Inquests

    Miss Swain has experience in representing bereaved families and interested parties at inquests where there are issues of medical and psychiatric treatment, road traffic accident reconstruction, and work related disease.

    Cases

    October 2018 – H – representing the family at a 5 day inquest hearing at Stockport Coroner’s Court, involving failures in respect of care and steps taken to reduce risk and also findings of inappropriate steps taken which may have increased risk in respect to psychiatric in-patient care and care in the community. Also attended pre-inquest review hearings, drafted Article 2 written submissions and advised the family in conference.

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  • Costs

    Miss Swain is an experienced costs advocate in hearing including provisional assessment, detailed assessment, applications for wasted and third party costs, costs appeals.

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