Aidan O’Brien

Aidan enjoys an extensive medical practice, ranging from complex clinical negligence claims, regulatory discipline and medical product liability. He has a Master’s degree in Healthcare Law & Ethics and has been published in the British Medical Journal.

Aidan represents both claimants and defendants (NHS Resolution, medical defence organisations, private hospitals and independent clinicians) in the full panoply of negligence claims.

Aidan has particular expertise in claims arising from:

• Missed cancer diagnoses.
• Cauda equina syndrome.
• Lack of informed consent.
• Obstetric injuries, including shoulder dystocia.
• Compartment syndrome.
• DVT and pulmonary embolism.
• Spinal injuries.
• Hypoxic brain injuries.

Recent instructions include as sole counsel:

• Cauda equina syndrome claim, valued at >£2.5 million.
• Defending a claim alleging that the improper use of a vaccine led to chronic fatigue syndrome, pleaded at >£7 million.
• Claims arising from allegations of negligent delivery due to excessive traction, causing Erb’s palsy and life-long disabilities, pleaded at >£3.7 million.
• Claim arising from the development of chronic kidney disease following the improper use of medication, pleaded at > £5 million.
• Various high-profile claims arising from inappropriate surgery and lack of informed consent, arising from an Orthopaedic Surgeon in private practice.
• Claim arising from a ‘never event’ involving the removal of the wrong bone during surgery.

Aidan is also trained as a Nursing & Midwifery Council Case Presenter and has experience in a wide range of medical regulatory hearings.

Aidan enjoys a busy personal injury practice with a particular focus on:

• Catastrophic injuries
• Spinal injuries
• Traumatic brain injuries
• Amputation claims
• Fatal accidents
• Clinical negligence claims

Aidan is frequently instructed to deal with multi-million-pound claims.  He is recognised for his grasp of difficult medical issues and causation disputes.

Aidan regularly conducts conferences with experts, attends JSM/RTMs and fights cases to trial.  He is particularly adept at cross examining expert witnesses.

Aidan has significant experience of dealing with fundamental dishonesty and fraud claims.

Acting for both claimants and defendants, Aidan has gained useful insight into the approach taken by each side.

Aidan has considerable experience dealing with fraud and fundamental dishonesty. He frequently is instructed to defend high value RTA and insurance claims on the basis of exaggeration, misrepresentation and dishonesty.

Aidan has successfully obtained a series of contempt of court findings in the High Court, arising from breaches of court orders and perjury.  Aidan has managed to secure a raft of fundamental dishonesty findings, following the discontinuance of personal injury claims.

Aidan frequently provides industry training to large insurance groups in regards to LVI, phantom passenger, staged accident claims and fraud rings. He also provides seminars and workshops dealing with the best use of social media and convert surveillance evidence.

Aidan also has significant expertise in relation to defending credit hire claims, on the basis of fraudulent misrepresentation.  Aidan has had a large number of high value claims dismissed on the basis of enforceability of hire agreements, following false statements made by CHOs about the claimant’s liability to pay credit hire charges which induced them into the CHA.

Aidan also successfully defended the appeal of Putta v Royal & Sun Alliance [2020] EWHC 117 (QB), wherein a claimant’s evidence was found to be self-serving and untruthful.

Aidan regularly acts on behalf of individuals, large businesses and insurance companies in a wide range of high value commercial and contractual disputes. He is frequently instructed to advise on complex issues of law and is lauded for his clear-sighted grasp of practical and commercial considerations.

Aidan regularly advises on complex issues of insurance law and provides readily comprehensible guidance to his clients. He is noted for his effective courtroom advocacy, especially when dealing with intricate legal issues.

Aidan has a particular interest in dealing with fraudulent claims and has experience of complicated multi-track disputes.

Aidan specialises in academic appeals relating to secondary, tertiary and vocational studies. He regularly represents students at disciplinary hearings, arising from accusations of misconduct, ranging from plagiarism, collusion and sexual misconduct.  Aidan was recently interviewed for a Radio 4 documentary relating to university misconduct hearings.

Aidan also has experience in professional disciplinary hearings, across a wide range of sectors. Aidan’s extensive medical practice allows him to provide informed advice and robust representation at medical disciplinary tribunals. He also provides written advice on all aspects of disciplinary and regulatory law.

Aidan is a member of Chambers’ Sports Disciplinary and Regulatory group. He has extensive experience as an adjudicator, in his capacity as a Judicial Officer for World Rugby, European Professional Cup Rugby (‘ECPR’) and the Rugby Football Union (‘RFU’).  Aidan chairs disciplinary panels arising from international test matches, European Cup, Premiership, Championship and National Leagues 1 & 2 fixtures.

In September 2021, Aidan was appointed by the Football Association (‘FA’) to sit as a Judicial Panel Member.  His role involves hearing cases or appeals in connection with disciplinary and other regulatory processes of The FA, such as anti-doping and integrity.

Aidan also has experience of representing athletes in a range of sporting contexts.  He deals with claims arising from contractual, competition and personal injury disputes.

Aidan has a busy personal injury and clinical negligence practice, with a cross-jurisdictional dimension.  He regularly acts for both claimants and defendants, providing specialist advice and advocacy.

Aidan accepts instructions in respect of a wide range of international injury claims, in respect of road traffic accidents, food poisoning, medical negligence or cosmetic treatments. Aidan also deals with claims under the Package Travel Regulations 1992 and the Package Travel and Linked Travel Arrangements Regulations 2018.  He also has a wealth of experience of claims involving allegations of fraud and fundamental dishonesty.

Aidan regularly provides bespoke training and seminars for clients, which can be arranged upon request.