Jemma Lee

Call 2010

Overview

Jemma has a broad practice across a range of healthcare issues and has a particularly strong practice in all forms of clinical negligence, inquests, and court of protection work. She is well-liked by clients and solicitors for her easily accessible manner and her pragmatic approach to cases. Jemma uses the right level of informality without losing command or professionalism, ensuring that she gains her clients’ trust without alienating them from the legal process.

Jemma is clerked primarily by Samantha Jones and Louis Lockwood.

Inquest touching upon the death of RW: Jemma represented an NHS Trust in a four week jury inquest focusing on issues of mental health and suicidal risk.

“Intelligent, pragmatic counsel, with excellent client communication skills.”
Instructing solicitor, national firm

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, 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 a more complex cases. Her inquest practice overlaps with her civil practice and 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.

Jemma also acts in cases with a healthcare element. She recently secured a possession order against a former patient refusing to leave Hospital in what is commonly referred to as a “bed blocking” case. She also has a number of claims concerning care homes and has acted for the CQC in closing down GP practices that are unsafe.

Jemma is currently being led by Christopher Johnson QC in the class action into the use of metal-on-metal hips. She also has a keen interest in cases concerning cosmetic surgery and the need for clearer regulation in the industry.

Jemma is keen to build her practice in professional discipline and regulatory work. She has previously acted on behalf of registrants in the NMC and has experience of drafting representations on behalf of registrants in the GDC.

publications

  • Medical law reports
  • Legal researcher for Lewis & Buchan Clinical Negligence: A practical guide
  • Contributed towards Medical Treatment: Decisions and the Law
  • Co-editor of the Serjeants’ Inn UK Healthcare Law Blog

Articles

Jemma has recently reported on the following cases for The Medical Law Reports.

  • XYZ v Warrington & Halton NHS Foundation Trust [2016] EWHC 33(QB) [2016] Med LR 147Psychiatric injury – Clinical negligence – Breach of duty – Causation – Consent – credibility of witnesses.
  • LAT v East Somerset NHS Trust [2016] EWHC 1610 (QB) [2016] 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 [2015] EWHC 191 (QB) [2015] Med LR 120
  • In the matter of C (A Child) [2015] EWFC 79 [2015] Med LR 531Confidential information – Medical records – Patient confidentiality – Expert evidence – Disclosure of medical data – Professional obligations – Disciplinary proceedings.
  • IM v LM [2014] EWCA Civ 37 [2014] Med LR 345 Court of Protection – Sexual relations – Capacity – Consent – Best interests – Mental Capacity Act 2005.
  • Re X (Deprivation of Liberty) (no 2) [2014] EWCOP 37 [2014] Med LR 545 Court of Protection – Deprivation of liberty – Protected party – Representation.

reflections

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.

scholarships

  • Lord Denning Scholarship, Lincoln’s Inn
  • Lord Wolfson Scholarship, Lincoln’s Inn
  • Lord Hardwicke Scholarship, Lincoln’s Inn

education

  • Bar Vocational Course, BPP Law School, Very Competent.
  • First Class Honours in Law from University of Warwick

further information

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