Bella Webb

Bella represents Claimants and Defendants in a wide range of clinical negligence cases. She has significant and ever-growing knowledge of working with experts and managing multiple experts on individual cases. Her ongoing cases span ophthalmic claims, delayed treatment leading to amputation, and negligently performed cosmetic surgery and treatment during pregnancy, sadly resulting in the loss of a child.

Bella has a particular interest in delayed cancer diagnosis claims, and her compassionate and personable approach is of particular assistance in putting distressed clients and their families at ease.

Bella is also currently advising upon a number of ongoing high-value clinical negligence claims, all of which involve numerous experts from multiple disciplines.

• S v SUH NHS Trust – Acting for the Claimant, a financial trader who was prescribed Cabergoline for a pituitary adenoma. He was not warned of the risk of pathological gambling which was recognised but not routinely advised of. He and his wife complained about mood disorder but he claims that concerns were not followed up. The claim includes a claim for financial losses of around £400,000. Breach of duty and causation are in dispute.
• A v GSHC and CCH NHS Trust – Acting for the Claimant. The case concerns a delayed diagnosis of lung cancer. The Claimant’s wife died in 2012 as a result of the primary cancer and widespread metastatic disease. D2 has very limited liability which is admitted and settlement has now been reached with them.  D1 (the GP) disputes breach of duty and causation. There are real issues surrounding the likely progress of the disease had earlier diagnosis been made. There are GP, respiratory, radiology and oncology experts on both sides.
• M v UCLH NHS Trust – Acting for the Claimant. This is an unusual case considering consent and the impact of the Supreme Court judgment in Montgomery v Lanarkshire. The Claimant underwent surgery for her epilepsy which was successful. She was not, however, advised of the extent of any visible cosmetic injury to her face and which she claims she asked about specifically. The risks were significant but not routinely advised of (on a Bolam basis). There is also an interesting issue upon causation. The Claimant says that she would probably have had the surgery in any event had she been advised of the risks but would have been prepared for the skull depression that resulted and not developed psychiatric injury as a result of the shock.
• MB v BH NHS Trust – Acting for the Claimant in a fourth degree vaginal tear claim. The case concerns interesting issues relating to consent (on a repeated basis as labour progressed) as well as issues of material contribution/causation. The claim also highlights issues concerning inadequate and inconsistent medical records.
• JU v UHB NHS Trust – Acting for the Claimant in a claim for negligent excision of a lump found during surgery for a biopsy, causing damage to recurrent laryngeal nerve and leaving the Claimant with a permanent tracheostomy. Liability has now been admitted but the Claimant has since lost capacity for unrelated reasons, and the claim continues in relation to the extent of causation and quantum.
• H v (1) M and (2) TH and others – Multi-million pound claim in the High Court for alleged failure to diagnose a footballer with a serious cardiac condition, subsequently leading to cardiac arrest and brain injury.
• PC v B – A claim for delay in diagnosing compartment syndrome and necrotizing fasciitis, in addition to the alleged negligent administration of gentamycin, resulting in the Claimant developing deafness and having to undergo a high leg amputation. Breach of duty and causation was disputed by the Defendant. A successful application was made to debar the Defendant from relying upon all expert evidence, served late and not in accordance with court orders. A High Court appeal was due to be heard when the Defendant made an offer to settle the whole claim. Settlement was reached at £775,000.
• AK v CMU – A claim for delayed diagnosis of bowel and liver cancer leading to perforation of the tumour through the bowel wall, and giving rise to a severe locally recurrent disease. The Claimant’s prognosis is alleged to have been significantly compromised and the claim is now proceeding by way of expedited directions.
• MG v BFWH – Fatals claim for failure to diagnose bowel cancer leading to premature death. The claim is brought against the GP and the hospital, and includes a subsequent allegation of failure to identify and treat an anastomotic leak.
•  AW v LTH – A claim for alleged failure to manage this young Claimant’s established Crohn’s disease during pregnancy and birth, leading to the Claimant having to have her bowel removed during her early thirties, with reliance upon a permanent stoma.
• CH v CMUH – A claim relating to a laceration occasioned to the Claimant’s transplanted kidney during the course of caesarean section.
• KO v N – A claim for alleged GP negligence in failing to prescribe lifelong antibiotics to a new patient who had moved from Poland and had previously undergone a splenectomy. The Claimant ultimately developed septicaemia and had to undergo bilateral below knee leg amputations.
• In Thomas v Ottavianni – Successfully represented the Claimant at trial in a claim for negligent breast augmentation and lack of consent.

Bella has long experience of dealing with personal injury claims and appears in the County Court, High Court and the Court of Appeal, both as junior counsel and in her own right. Her work encompasses all aspects of personal injury litigation, including brain injuries both subtle and severe. She acts for both Claimants and Defendants, and also has experience in multi-party litigation.

She has been retained for the past four years by a well-known fast food chain to act on their behalf, and has achieved an impressive success rate in court.

In addition, Bella’s experience of medical negligence claims (see separate entry) and her associated knowledge of the healthcare and regulatory sectors, has provided her with additional expertise in dealing with contested quantum and more complicated personal injury cases. She is experienced in working with a range of medical experts, at cross-examining experts, and is adept at quickly getting to grips with complex medical issues. She is also used to taking a hands-on approach in preparing expert reports for disclosure.

Bella’s prior experience as an employment practitioner during her first years of practise has also equipped her with a broader understanding of claims where employment and personal injury interact, including stress at work and harassment claims.

Bella is a member of PIBA.

Notable cases

• LS v SYFRA – Acting as junior counsel for the Claimant. The claim is for a young girl, aged 11 at injury, in a road traffic accident and left with a significant brain injury. The case proceeds in relation to quantum.
• Darcie Ann Sloman (A child by her litigation Friend Mr Richard Sloman (2) Richard Sloman v (1) Richard Dennis Chapman (2) Plymouth City Bus Limited and Alexandra Sloman (3rd party). This was an emotive case acting for the third party, who was mother to the child, aged 22 months, who was hit by the Defendant’s bus when alighting with her mother, and suffered brain damage and physical injuries. The claim went to trial with all parties represented by senior and junior counsel (Bella brought Jane McNeill KC into the case as a leader) and concerned the complicated issue (involving extensive research of UK and European law) of a parent’s liability for injury suffered by a child at the hands of a third party. The claim settled on day 2 of the 3-day trial after the bus driver and mother had given evidence.
• KS v JPB – RTA case representing the Claimant, 26 year old woman who sustained a fracture and soft tissue injuries to her spine, incontinence and psychological symptoms, with profound consequences for her work as a nurse and her ability to care for herself and her children.  The claim settled recently for  £246,000 following surveillance evidence.
• Maria Costa v Imperial London Hotels Ltd (2012) EWCA Civ 672 – successful before the Court of Appeal for the Defendant/Applicant – manual handling claim brought by a chambermaid. The claim was initially successful in relation to the absence of retraining. The appeal was successful because causation ought not to have been established. The judgement was overturned.
• Smith v Zurich Insurance – achieved settlement of £110,000 net for a Claimant involved in a road traffic accident in a subtle brain injury claim, and where there were significant issues of credibility based upon surveillance evidence and the Claimant’s admitted untruthful evidence.
• Falzon v Briggs Marine Contractors Ltd – settlement of £450,000 achieved for a Claimant with serious orthopaedic and psychiatric injuries.
• Ann Coles v Plymouth City Council – successful 3-day snow and ice claim against the council. The judge considered that the council had breached their own policy and the national code of practice. The Court of Appeal refused the Defendant permission to appeal.
• Tanawar Malik v Ireneusz Przybyslawsk – achieved settlement of £340,000 for a Claimant suffering from chronic pain/psychiatric injury following a road traffic accident.
• Richard Dermott v London Borough of Harrow – QBD – junior counsel for the Claimant in a two-week trial against the local authority for stress at work arising out of the conduct of internal disciplinary proceedings.
• Bella was also one of the Claimants’ counsel in the multi-party Scania litigation in 2004.

Fraud

Bella has had considerable experience of dealing with fraudulent claims. She has advised upon and successfully fought a number of road traffic cases, in which the Claimant was alleged to have exaggerated or misrepresented the nature of the accident, and the degree of damage occasioned, including low velocity impact claims. She has also successfully defended a number of employer’s liability and highways tripping cases in which the Claimant has been shown to have either exaggerated or fabricated their claim, often with costs repercussions. She is experienced in considering such issues through analysis of surveillance and private investigators evidence, medical records and accident reports.

Bella appears regularly before the CICA, GMC, NMC, GSCC and HCPC, as well as representing medical practitioners at internal disciplinary hearings, in respect of which she draws from her previous practise in employment law. Bella has always enjoyed working in this area and is keen to develop her regulatory practise further.

Notable Cases

• General Social Care Council v Lynne Seddons – successfully represented Ms Seddons in a five day GSCC case brought against her for alleged misconduct/lack of competence. The council’s evidence was found to be flawed and at the very least inaccurate. Ms Seddons was cleared of all allegations.
• Health Professions Council v Janet Tomlin – represented Ms Tomlin, a clinical scientist against allegations of lack of competence.
• Anthony Peter Sadler v GMC UKPC 59 – junior counsel representing Mr Sadler before the GMC and at the Privy Council.
• Portsmouth Hospitals NHS Trust v Datta – achieved a practical settlement (as junior counsel) in a claim arising out of a conduct and competence investigation.

• Bella Webb, Daniel Neill and Emily Slocombe feature in the AvMA Lawyers Service Newsletter – March 2024
• Webinar: Bella Webb is speaking in the MBL webinar on “Cancer Diagnosis/Treatment & COVID-19 – What Lies Ahead?”
• Bella Webb Publishes ‘A Practical Guide to Claims Arising from Delays in Diagnosing Cancer’