Henderson v The Hillingdon Hospital NHS Foundation Trust  EWHC 3281 (QB): Jemma successfully represented the Claimant in an action arising out of negligent management of an emergency admission to Hospital.
For press coverage, please click here.
“A very talented junior with a wealth of knowledge and an ability to get straight to the issues of the case that is beyond her year of call.”
Chambers & Partners
Experience and Expertise
Jemma has a broad practice across all areas of healthcare. She regularly appears in the County Court, High Court, Coroners’ Court and Court of Protection acting for individual claimants or family members, NHS Trusts, CCG’s, private healthcare providers, individual professionals and local authorities. Her broad healthcare practice allows her to build a deeper medical understanding across a range of disciplines that is beneficial in more complex cases. Her inquest practice overlaps with her civil practice and she is often instructed in any civil claim that arises following an inquest allowing continuity of counsel. She similarly is able to draw on her Court of Protection practice in inquests where an individual has died whilst subject to deprivation of liberty safeguards.
- Contributed towards the fourth edition of Medical Treatment: Decisions and the Law (2022)
Jemma co-authored chapter two: Consent & Capacity – Adults in the fourth edition of the book Medical Treatment: Decisions and the Law, edited by Christopher Johnston KC and Sophia Roper KC and written by 27 members of Serjeants’ Inn.
- Medical law reports
- Legal researcher for Lewis & Buchan Clinical Negligence: A practical guide
- Co-editor of the Serjeants’ Inn UK Healthcare Law Blog
Jemma has reported on the following recent cases for The Medical Law Reports.
- Morahan v HM Coroner 4 West London  EWHC 1603 (Admin)  Med LR 465 Judicial review – Inquests – Article 2 – Enhanced investigative duty – Positive operational duty – Voluntary patients – Real and immediate risk to life – Accidental death – Vulnerable individuals.
- R (Smith) v HM Assistant Coroner for NW Wales  EWHC 781 (Admin)  Med LR 358 Judicial review – Inquests – Causation – Standard of Proof – Experts – Neglect – Failings in care – Conclusions – Mental health – Suicide.
- Sakandar Azam v Uni Hospital Birmingham NHS Foundation Trust  EWHC 3384 (QB) MLR 2021 06  Med LR 150 Limitation – Preliminary issues – Discretion to disapply limitation – Evidential burden – Cogency of evidence – Death of a witness – Delay in bringing proceedings – Judicial discretion
- R (Lewis) v Senior Coroner for North West Kent  EWHC 471 (Admin) citation Judicial review – Inquests –Malnutrition – Neglect – Failings in care – Summing-up – Conclusions left to jury – Gailbraith
- Barry v Cardiff & Vale University Local Health Board  — Clinical negligence – breach of duty – causation – the “but for” test – delay in performing procedure – assessment of damages
- Surrey v Barnet & Chase Farm Hospitals NHS Trust  EWCA Civ 451 – Costs – proportionality – funding arrangements – conditional fee agreements – legal aid certificates – LASPO
- Thefaut v Johnson  EWHC 497 Consent – clinical negligence – breach of duty – causation – medical treatment – insufficiency of evidence – expert evidence – impartiality – lay witnesses – witness summons
- XYZ v Warrington & Halton NHS Foundation Trust  EWHC 33(QB)  Med LR 147Psychiatric injury – Clinical negligence – Breach of duty – Causation – Consent – credibility of witnesses.
- LAT v East Somerset NHS Trust  EWHC 1610 (QB)  Med LR 438 Interim payments – CPR Part 25.7 – Accommodation costs – Clinical negligence – Protected parties – Injury during neonatal period – Stay of proceedings.
- Al-Mishlab v Milton Keynes NHS Foundation Trust  EWHC 191 (QB)  Med LR 120
- In the matter of C (A Child)  EWFC 79  Med LR 531Confidential information – Medical records – Patient confidentiality – Expert evidence – Disclosure of medical data – Professional obligations – Disciplinary proceedings.
- IM v LM  EWCA Civ 37  Med LR 345 Court of Protection – Sexual relations – Capacity – Consent – Best interests – Mental Capacity Act 2005.
- Re X (Deprivation of Liberty) (no 2)  EWCOP 37  Med LR 545 Court of Protection – Deprivation of liberty – Protected party – Representation.
Jemma is recommended by Chambers & Partners and The Legal 500 for clinical negligence and is described as “great on her feet and fantastic in negotiations”. Other recent editorial includes:
- excellent teamwork skills;
- a very talented junior with a wealth of knowledge
- her client care skills are excellent;
- she provides excellent written work;
- Jemma has excellent client care -she is extremely apt at handling difficult conversations sensitively and explaining difficult concepts in an easy to understand way;
- excellent attention to detail;
- great client care skills;
- she maintains a calming, down to earth approach even in the most trying of scenarios; informed by excellent technical knowledge;
- really personable;
- Jemma is a very bright and incisive barrister with a clear sense of a case and the issues;
- approachable, reliable, thorough and knowledgeable;
- she combines great advocacy skills with relentless attention to detail in her preparation and paperwork and is also warm and approachable with clients;
- Jemma is knowledgeable, accessible and detailed; and
- an ability to get straight to the issues of the case that is beyond her year of call.
Acting for claimants and defendants alike is an advantage to all clients. It keeps you sensible in the advice you give, and allows the extra insight of knowing how the other side will view your case.
This isn’t an easy job. There are days where we have to sit across a table and explain to someone that their terminal illness could have been treated; that they could have had longer with their loved ones if only a test result had been picked up when it should have been. It isn’t an easy job, but its an important one. All you can do is offer honest and pragmatic advice, with as much empathy as you can muster.
“Acting for claimants and defendants alike is an advantage to all clients. It keeps you sensible in the advice you give, and allows the extra insight of knowing how the other side will view your case.”
My most regular solicitors know that I will say “we are where we are” at least once in every case. It’s inevitable that the point will come where you have to figure out how to move forward and stop focusing on what has happened in the past.
Every lawyer has war stories. Some tend to show the lawyer in a dazzling light depicting their excellent cross examination of a hostile witness. Others might focus on their difficult cases and the eureka moment when a novel point of law arose. Mine tend to relate to the mishaps of the bar – the life on trains, the early morning starts, and that time I got stuck in a lift for over an hour at Barnet Coroner’s Court.
- Lord Denning Scholarship, Lincoln’s Inn
- Lord Wolfson Scholarship, Lincoln’s Inn
- Lord Hardwicke Scholarship, Lincoln’s Inn
- Bar Vocational Course, BPP Law School, Very Competent.
- First Class Honours in Law from University of Warwick
Jemma adopts and adheres to the provisions of her privacy notice which can be accessed here.
For further details of Jemma’s practice please click on the links to the left or contact a member of the clerking or client service team.
Bar Council Membership No: 57636
Registered Name: Jemma Louise Lee
VAT Registration No: 151 2652 37