Sebastian Naughton

Call 1999

Sebastian Naughton | Call 1999

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Overview

Sebastian Naughton is a specialist in the fields of clinical negligence, coronial law and employment law. He is has substantial experience in these practice areas and often acts in cases of high value and profile on behalf of Claimants and Defendants.  He is recommended in both The Legal 500 and Chambers & Partners directories, and is regularly praised for his ability to put his clients at ease.

Sebastian is clerked primarily by Tom O’Connor,  Joe Ralph and Josie Ryan.

Sebastian was instructed on behalf of the largest NHS Trust in England at the inquests into the London Bridge and Westminster Terror Attack Inquests, and is currently instructed in respect of the Fishmongers’ Hall inquest.
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“Always very well prepared and thoughtful … he has an incredibly approachable and collaborative approach … he has a very good manner in Court – he’s very forthright and forceful but charming.  He does a fantastic job for his clients.”
Chambers & Partners 2020

Experience & expertise

Sebastian regularly advises in cases of high complexity and value. He has particular experience with complex medical and factual issues.  He is a quantum expert, with substantial experience of settlement meetings and mediations.  He has recently been appointed as Assistant Coroner in London South (Croydon).

Sebastian is also a highly experienced employment law practitioner, having acted in many hundreds of employment tribunals over the course of his career, which started though undertaking cases for the Free Representation Unit.

cases & work of note

Examples of recent / ongoing cases (clinical negligence and coronial):

  • Acting on behalf of the London Air Ambulance at the Fishmongers’ Hall terror attack inquest (April 2021);
  • Acted on behalf of the family in a complex high-profile month-long Article 2 inquest into the death of Averil Hart, a 19 year old suffering from Anorexia Nervosa (September / October 2020).
  • Acted on behalf of the family of a mother who suffered a hospital based infection and died shortly after giving birth at inquest (in 2019) and in the civil claim (in 2020).
  • Instructed by Barts and the London NHS Trust in the London Bridge Terror Attack Inquests which took place in 2019.
  • Represented an NHS Trust in a high-value cerebral palsy case at trial on liability issues in February 2018 (without a leader).
  • Instructed by Barts and the London NHS Trust in the Westminster Terror Attack inquests taking place in 2018.
  • Acting on behalf of a child who suffered brain injuries as a result of un-diagnosed meningitis (ongoing in 2018, led by John De Bono QC).
  • Acted on behalf of a GP in a high value fatal accidents act claim relating to allegedly negligent failure to refer a patient.  Case settled at round table meeting in January 2018.
  • Acted on behalf of an NHS Trust at trial on liability issues in a case concerning bowel perforation (February 2017).
  • Acted on behalf of an NHS Trust in a high-value birth injury case. Case pleaded at approximately £1m, settled at round table meeting October 2016.
  • Acted on behalf of an NHS Trust in a cerebral palsy case on quantum with pleaded capitalised value of over £12m, led by Angus Moon QC. Case settled at a settlement meeting June 2016.
  • Successfully represented the Claimant in a five day clinical negligence trial under the FAA 1976 in which breach of duty and causation were in issue (Hussain v East Midlands Ambulance Service NHS Trust, before HHJ Godsmark QC, unreported, November 2015), succeeding on all issues.
  • Acted on behalf of Claimant in a case concerning negligently performed caecostomy, latterly led by David Balcombe QC. Case settled shortly before trial in May 2015.
  • Acted in the inquest into the death of RW (September / October 2016) for an AMHP who formed part of a mental health team assessing a man in custody accused of the attempted murder of two schoolboys.
  • Acted in the inquest into the death of CG (July 2015) for the bereaved parents following the antenatal death of their son. This was a high profile and complex case in which the Senior Coroner made a preventing future deaths report relating to the standard of training for student midwives at the Hospital concerned.
  • Acted in the Article 2 inquest into the death of EC (June / July 2015) for a family member in a highly complex case concerning the death of an anorexic 17 year old girl. The scope of the inquest encompassed the two years before Emma’s tragic death.

Examples of recent / ongoing employment law cases:

  • Acted on behalf of a financial services employer in a discrimination claim, in which the Claimant’s team sought to agree terms of settlement mid-way through Sebastian’s cross-examination (November 2020);
  • Acting on behalf of a Police Commissioner in ongoing employment law proceedings (2021);
  • Acted in the Employment Appeal Tribunal for the appellant employer in a case concerning the contractual interpretation of a condition in a bonus scheme (UKEAT/0247/17/DA) before Eady J (February 2018).
  • Acting for a university employer in a substantial sex, race, victimisation and unfair dismissal claim in which the tribunal hearing lasted for two months.
  • Acting for the employer in a substantial race and religious discrimination claim, final hearing in mid- 2017.
  • Acted for Police in complex disability discrimination claim (final hearing April 2016).
  • Gaurilcikiene v Tesco Stores Ltd [2014] EWCA Civ 1213
    Represented the employer in a case of alleged procedural irregularity in Court of Appeal, and at EAT.
  • Norman v EC Harris Solutions Ltd (UKEAT/0141/13/RN)
    Represented the employer in an unfair dismissal and age discrimination case at EAT.
  • Howse v Royal Mail Group [2011] UKEAT/0156/11/DA
    Represented the employer in an appeal relating to the exercise of discretion on setting aside default judgment (Rule 33 of the ET Rules of Procedure).
  • Royal Mail Group Ltd v Kelly UKEAT/0001/11/JOJ
    Acted for employer in the EAT in a case concerning unfair dismissal and the (now repealed) s98A(2) ERA.
  • Mathews v Solus (London) Ltd [2011] All ER (D) 141
    Represented the appellant employer in an appeal relating to the jurisdictional bar to presenting an unfair dismissal complaint.
  • Rushworth & ors v Leo Group International
    Represented 11 claimants successfully in complex TUPE related dismissal cases in 2006 (award over £500k), and subsequently at the appeals in the EAT and the Court of Appeal in 2008.

recommendations

Sebastian has been consistently recommended by Chambers & Partners for his clinical negligence practice. Clients quoted by the directory describe him as, “precise, thorough, responsive and provides extremely good-quality legal advice.”

Other recent directory comments include:

  • he is conscientious and prepared to go the extra mile;
  • he’s very meticulous and his attention to detail is very good;
  • he puts clients and coroners at ease while drilling down to the relevant details quickly;
  • an accomplished advocate who demonstrates a broad knowledge of both the legal and medical aspects of clinical negligence claims;
  • compassionate, responsive and puts clinicians at ease;
  • always very well prepared and thoughtful;
  • he has an incredibly approachable and collaborative approach;
  • he has a very good manner in court;
  • he’s very forthright and forceful but charming;
  • he does a fantastic job for his clients;
  • able to handle complex clinical issues in a timely and practical manner;
  • very concise, he is able to pull out the relevant parts of the case; and
  • really get to grips with the key points.

reflections

I was lucky during my first two months of pupillage.  I got to observe two substantial High Court clinical negligence trials which my supervisor was acting in.  That was quite an introduction, and doesn’t happen often for a pupil.  I saw some of the finest advocates at the Bar at the top of their game, which left me with a clear idea of what to aim for in my own career.

The hardest part of my professional life is when I have to explain to bereaved parents why compensation for the negligently caused death of their child is so modest.

“Team work is very important.”

I am happiest at work when everything “clicks”.  This is the moment when everyone working on a case is in harmony with a shared goal, and we all know exactly what we have to do.  This requires hard work and preparation, but also the sharing of ideas and good communication.  Team work is very important.

The best piece of advice I have been given is to concentrate on being good at my job, and to let the rest take care of itself.  I find it helpful to focus on that in moments of self-doubt.

I have learned how important empathy is. We need to be able to understand our client’s perspective, but also how the case looks from the other side of the fence. If you can’t see the case through the prism of your opponent’s eyes, it’s much harder to present your case effectively.

publications

Knauer v Ministry of Justice: Briefing note on changes to FAA multipliers following Supreme Court Decision (published in AVMA newsletter in 2016).

education

  • Wimbledon College
  • Bristol University (BA Hons)
  • City University (CPE)
  • Inns of Court School of Law

appointments

  • Assistant Coroner in London South (Croydon).
  • Sebastian has been on the Bar Pro Bono Unit’s review panel since 2014.
  • Pupillage Supervisor since 2013.
  • Chair of Free Representation Unit 2000-2001 (and proud to have run the London Marathon to raise money for FRU in 2003)

Professional Memberships

  • PNBA
  • PIBA
  • ELBA

privacy

Sebastian adopts and adheres to the provisions of his privacy notice which can be accessed here.

further information

For further details of Sebastian’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: 40897
Registered Name: Sebastian Hugh Joseph Naughton
VAT Registration No: 798 8882 24