Andrew Arentsen

An experienced Clinical Negligence practitioner conducting work both for Claimants and for Defendant trusts across the full range of claims including injuries caused at birth, negligent surgical procedures and cases of mis-diagnosis and failure to diagnose.

Recent Cases

• Petra Walker. C suffered catastrophic neurological injury because of the long-term prescription of metoclopramide by several GP’s at her surgery. The Defendant GP’s initially denied liability but later admitted fault for the prescription of the drug between August 2014 to November 2016 and admitted that C had suffered significant neurological injury. C could no longer walk. She struggled to speak and to swallow. She required paid care and assistance and lived in assisted accommodation. The case settled at a JSM in late 2023 for a gross capital valuation of £1.5 million.

• K v Betsi Cadwallader NHS Trust. Represented C who sustained an iatrogenic perforation of the bladder wall during a routine hysterectomy. Liability was in issue as was the extent of the bladder injury and the long-term consequences to C. C continued to suffer bowel and bladder incontinence. She needed further treatment and the assistance of her family and friends. The claim was listed for a trial but settled for over a million pounds at a JSM in 2023 in the weeks preceding the same.

• GT (Deceased). Counsel for C in a tragic case where she lost her young husband to a malignant melanoma. The claim was against the Defendant GP for the failure to diagnose the melanoma at first presentation. Liability was in dispute as was causation. There was conflicting evidence from expert GP’s on the appropriate differential diagnosis, expert dermatologists on the treatment that would have been provided and expert oncologists on the staging of the cancer at first presentation. GT had recently re-trained as a teacher and the claim addressed the speculative success of his new career. The case settled at a JSM in 2023 shortly before the 4 day trial. Settlement was approved in September 2023.

• AJ v The Dudley Group NHS Foundation Trust. Junior Counsel for the Claimant in a cerebral palsy injury sustained at birth as a result of a hypoxic ischaemic event. The liability part of the claim settled at a JSM. The assessment of quantum is ongoing. The claim has a value in excess of £10 million.

• CG v Royal Liverpool University Hospital Trust. Counsel for the Claimant in a claim with the incorrect anastomosis of the ureter to the peritoneum rather than the bladder during a transplant operation. Liability was denied and the claim settled at a JSM for very close to the full value, shortly before the trial date.

• SW (The executor of the estate of DW deceased). Counsel for the Claimant in a claim with the death of a young husband and father. He had no spleen and was inmuno-compromised. The claim was against his GP for failing to diagnose an infection and to refer him to hospital. Liability and causation were both denied. The claim settled for a significant proportion of the full value at a JSM and was approved by HHJ Harrison at the Cardiff County Court.

• L v Nottingham University Hospital NHS Trust. Counsel for the Claimant in a dependency claim where his deceased wife had been admitted to hospital with a pulmonary embolism which was not diagnosed or treated in time. She died in consequence. Limited breaches of duty were admitted and the deceased should have been prescribed enoxaparin but causation was disputed and the evidence of the precise effect of anti-coagulation was controversial. The value of the claim was agreed in the sum of £535,000 and the claim settled for a sum based upon the assessment of the relative risks to both parties. Settlement at JSM.

•  Jones v Betsi Cadwaladr UHB. Counsel for the Claimant where the Defendant had failed to diagnose cancer of the ileal pouch. The Claimant had undergone radical surgery to create the ileal pouch in 1998. The pouch then required regular monitoring but in 2006 the Claimant was allowed to fall out of the Defendant’s surveillance programme. Breach of duty for the same was admitted. As a result there was a delay in diagnosing and then treating the Claimant’s ileal pouch cancer. Had the cancer been identified at an early stage then the pouch could have been surgically removed and treatment would have led to a cure. In consequence of the delay the Claimant had developed secondary lung metastates and his cancer was terminal. The prognosis was that only months remained. The claim included losses to date and losses for the “lost years”. It settled at JSM for a sum of £300,000

• Ridell v South Humberside NHS Trust. Counsel for the Claimant. A 40 year old nurse who developed Cauda Equna which was not diagnosed and treated with the requisite speed causing the Claimant to suffer disabling neurological symptoms. The claim settled for £850k

• John Nicholl v Cardiff & Vale University Health Board. Counsel for the Defendant health board throughout in a claim brought by the Claimant with an allegation of injury following negligent surgery. The claim was pleaded in excess of £1 million. The claim compromised at a joint settlement meeting shortly before the trial date.

• Beryl Luke v Cwm Taf University Health Board. Counsel for the Defendant health board defending a claim for serious injury alleged to have been caused during bowel surgery.

• Susan Selby v Public Health Wales NHS Trust. Counsel for the Defendant trust defending a claim for alleged negligence during breast cancer screening.

Andrew is highly regarded for his work on commercial and contractual disputes, including insurance and subrogated recovery claims. He has undertaken and has continued to undertake numerous claims for insurers to recover for domestic property damage paid out to their insured. He also undertakes commercial and common law litigation that includes a focus on costs and recoverability issues. Regular work involves a multitude of commercial contractual disputes as well as insolvency, Companies Act litigation, partnership issues and construction disputes. Common law work includes cases of professional
negligence with solicitors, architects and surveyors. Specialist advice is offered in respect of insurance policies and recoverability issues as well as
complex cases revolving around the construction, maintenance and management of sewerage systems.

Recent Cases

• Counsel instructed by a national firm of solicitors in respect of approximately 100 claims to be brought against their ATE insurer for payment of costs and disbursements following the discontinuance of substantive PI claims in the light of the Court of Appeal decision in Grieves v FT Everard & Sons Limited.

• Consumer Credit Services Limited v Aims Legal Services Limited: Counsel for the Claimant in respect of a claim for damages for breach of contract valued at over £1 million: The claim arose from the provision of PPI Legal Assistance.

• Brain & Others v Welsh Water & 12 Others. The determination of liability and the quantification of a group action arising from the discharge of hydrogen sulphide from the sewer of a recently constructed industrial estate.

• Preece v Caerphilly County Borough Council. Counsel for the Claimant on the enforceability of a Conditional Fee Agreement that had not been signed.

• Saunders v Williams CA. Counsel for the Defendant in a building dispute that focused on the burden of proof when mitigating losses in negligence claims.

Andrew is highly regarded for his work on insurance and subrogated recovery claims. He has undertaken and has continued to undertake numerous claims for insurers to recover for domestic property damage paid out to their insured. Specialist advice is offered in respect of insurance policies and recoverability issues.

Recent Cases

• Counsel instructed by a national firm of solicitors in respect of approximately 100 claims to be brought against their ATE insurer for payment of costs and disbursements following the discontinuance of substantive PI claims in the light of the Court of Appeal decision in Grieves v FT Everard & Sons Limited.

• Consumer Credit Services Limited v Aims Legal Services Limited: Counsel for the Claimant in respect of a claim for damages for breach of contract valued at over £1 million. The claim arose from the provision of PPI Legal Assistance.

• Brain & Others v Welsh Water & 12 Others: October 2010, Chester County Court. The determination of liability and the quantification of a group action arising from the discharge of hydrogen sulphide from the sewer of a recently constructed industrial estate.

• Saunders v Williams CA: Counsel for the Defendant in a building dispute that focused on the burden of proof when mitigating losses in negligence claims.

Andrew is highly thought of for his personal Injury practice which has a particular focus on catastrophic, spinal and closed head injuries. These include cases of employers’ liability, occupiers’ liability and
road traffic accidents. Specialist advice is offered in claims with conflicting, complex medical evidence for example with orthopaedic, neurological or psychiatric disputes or where pain disorders are challenged.

Work is divided between Claimant and Defendant and includes extensive experience at trial and in a pre-trial advisory capacity of industrial disease litigation (including group actions) in the form of deafness, asbestosis, dermatitis, WRULD and HAVS. He is very experienced in cases of NIHL of all types and has ongoing involvement in test litigation where the applicability or otherwise of the Coles Lutman Guidelines to BT engineers exposed to tonal noise is being addressed. The acute difficulties of cases involving exposure to asbestos with mesothelioma are regularly and sensitively addressed as are the problems presented litigating high value cases worth over one million.

Recent Cases

• H v Kronospan. Acted as sole counsel for C who lost his leg when trapped under a pile of MDF boards as he was unloading his lorry. Primary liability admitted but C’s contribution remained in dispute. C lost his leg below the knee. He needed a prosthetic foot with a micro-processor. C had been an active man and wished to return to as many of his previous activities as he could. He needed an adapted bungalow. D assured C that he had a job for life but C was struggling to adapt to the return to employment.  A JSM took place in December 2023 and the claim settled for £2 million. D retained Leading Counsel throughout.

• MJ v Yuasa Ltd. Acted as sole counsel for C, a man who suffered a catastrophic above knee amputation injury when he was crushed by machinery. Liability was in dispute with a focus primarily on contributory negligence. C was eventually fitted with a modern prosthetic foot with a micro-processor. He had not been able to return to work and needed some ongoing care. The case settled at a JSM in 2023 for a capital valuation of £2.5 million. D retained Leading Counsel.

• S v H. Acting as sole counsel for D, in a claim pleaded at circa £5 million. C was a passenger in a car who was aged 15 when he was involved in a catastrophic accident. C now in his early twenties. The claim involved complex and conflicting orthopaedic, neurological and psychiatric evidence on the extent of the injury, C’s capacity to litigate the claim and manage any settlement funds and his future career as a mechanic. There were issues of future care and accommodation. The case settled at a JSM in the middle of 2024 for circa £2 million. C retained Leading Counsel.

• KH v Bryan Alexander Limited. A young man suffered a catastrophic internal injury when he was crushed by machinery at work. Liability was not in dispute. He suffered horrific internal injuries that required multiple surgical procedures. His condition became worse when his aortic graft became infected. The Claimant needed an operation to remove the infected graft that would then prevent him suffering further episodes of infection and allow him to return to work. However, the surgery was very dangerous and there was a very significant risk of his death. The case settled at a JSM in August 2022 for about £1 million. 

• GH Counsel for the Claimant who sustained a significant arm injury in an RTA which led to the above elbow amputation of his dominant right arm. The most interesting aspect of the case was the array of prosthetic devices that were available for use and which the Claimant now needed. These were controlled by electrical pulses and allowed the Claimant to undertake dextrous technical work. The claim settled for £2.5 million at a JSM.

• MI (A protected party). Junior counsel in a claim for in excess of £10 million led by Stephen Killalea KC. A young man suffered a severe brain injury. A case manager and professional deputy were appointed but the Claimant remained resistant to any assistance and not involved any external help by the date of trial. The parties settled the case at a joint settlement meeting for £4 million. 

• DO v DR. Counsel for the Defendant. The Claimant sustained a significant head injury in an RTA which led to serious ongoing problems with concentration, memory and temper.  The live issues were the extent of the Claimant’s recovery and his ability to retain his employment and work in the self-employed arena. There were extensive surveillance videos admitted into evidence . Medical evidence was in direct conflict and had to be assessed in connection with occupational records. The claim was pleaded in excess of £1.5 million and settled for a small fraction of that at a JSM. 

• Edward Thorn v Veolia Ltd. Counsel for the Claimant. A young refuse collector suffered an horrific leg injury when he was run over by the refuse lorry that he was working with.  All experts felt that he would be functionally better off if he had a below knee amputation, something the Claimant had fought against. This refusal raised questions as to his likely pattern of work, his likely care needs and the validity of the claim for a prosthetic leg. The case settled at a JSM for more than £1 million.

• DK v MOD. Counsel for the Claimant who was a Royal Marine who sustained a serious spinal and intestinal injury when he fell from a rope whilst descending from a helicopter. The Defendant was his employer who admitted partial fault for the accident but alleged that the injuries were also caused by his own negligence. The claim involved complex and conflicting orthopaedic and surgical evidence. The case was listed for trial but settled at a JSM.

• Grant v Dawn Meats. Counsel for the Defendant in the Court of Appeal in the hugely significant procedural case involving the effect of a general stay on the requirement to serve a Part 8 Claim Form.

• Bates v Staples. High Court of Justice. Counsel for the Claimant in the substantial dependency claim following the tragic death of a high achieving young father and his infant son in a road traffic accident. The claim was approved in excess of £1m.

• P v The Welsh Ambulance NHS trust. High Court of Justice. Cardiff District Registry 6th December 2018. Counsel for the Defendant in a claim brought by a motorcyclist for catastrophic injuries suffered when in collision with an ambulance. The claim was approved at a little under 4 million.

• Various v Deputy International Limited: Ongoing. Counsel for a number of Claimants in claims for injury arising from the provision of metal on metal hip prostheses.

• Godwin v Peacock. Counsel for the Claimants in a dependency claim involving the death of a 20 year old husband and father in a road traffic accident.

• Oliver Turton v WRU and Llanharan RFC. Counsel for the WRU in the successful defence of a claim brought against them by an injured player as a result of the condition of the premises of the member club. It was approached by the Defendant as an important test case.

• CQ v CK Rugby Club. Counsel for a professional rugby club instructed to defend a claim brought against them by an opponent who had lost the sight of an eye and retired from professional rugby following an injury suffered whilst playing in a competitive match. The claim settled after service of a Defence and counter-schedule and following a joint settlement meeting.

• Marlene Harris v The Club. HHJ Vosper QC. Counsel for the Defendant in a claim pleaded in excess of £100,000 for injury suffered as a visitor. The claim was dismissed at trial. Permission to appeal to the Court of Appeal was refused by Lewison LJ.

• Khan v Fitness First Limited QBD. Counsel for the Defendant in appellate proceedings in a claim for injury involving a fall at a gymnasium. The Defendant alleged fraud.

• Sidaway v The Lawn Tennis Association. Counsel for the Claimant. The Claimant was a young nationally ranked tennis player who sustained an injury that prevented his pursuing a professional career.

• Lougheed v On the Beach Limited. Counsel for the Claimant who suffered serious injury on a holiday. The claim succeeded at first instance upon the Package Travel Regulations. The Defendant was an internet travel agency who disputed the application of the Regulations to an internet sale and any breach of Spanish regulations.

Andrew has particular experience of cases involving the application of the Package Travel Regulations. He has undertaken many cases of serious injury in consequence of accidents whilst abroad.

Andrew has appeared in the leading Court of Appeal case of Lougheed v On the Beach Limited: CA, EWCA. Andrew was Counsel for the Claimant who suffered serious injury on a holiday. The claim succeeded at first instance. The Defendant denied the application of the regulations to an internet transaction of the type purchased by the Claimant. The court found that the Package Travel Regulations applied and that was not the subject of the appeal. The appeal addressed the important issue of the application of local regulations to issues of breach of duty. It is the leading case on that major issue.

Since then Andrew has been instructed on a wide range of foreign cases involving gastric illnesses, serious injuries suffered at hotels and injuries suffered whilst travelling on cruise ships and aeroplanes. He has also been instructed on cases involving the potential application of foreign jurisdictions.

Andrew has extensive experience of representing Defendant’s in cases where fraud and dishonesty are alleged at trial. More recently these have included the
successful application of Section 57 and the exceptions to the QOCS regime. He has given a number of lectures and presentations on the full legislative package now available to address fraudulent and exaggerated claims.

As a former first class rugby player Andrew has a busy practice that includes sports law. He has recent and extensive experience of sports disciplinary regulation including the supervision and administration of sports clubs by governing bodies. He was the author of an Independent review commissioned by a leading sports governing body into the licensing of its league clubs and it’s liabilities for the condition of their premises. He sits as the Chairman of the Welsh Rugby Union Independent Tribunal (from 2008 to date). The panel considers foreign player work permit applications. The Panel sits approximately 5 times each season. He has also acted as Panel Counsel to the British Boxing Board of Control Limited and was Panel Counsel to the Australian Rugby Football Union and the Georgia Rugby Football Union for the 2010 and 2012 tours.

Recent Cases

• Jordan Jones v Fulham FC. Counsel for a young professional football player who suffered a serious knee injury whilst playing for Swansea City FC against Fulham FC.The knee injury meant that he was unable to continue his professional football career and had to take alternative employment as an HGV driver. Liability was denied. The claim was determined after a 3 day trial. The issues were whether the tackle by the Fulham player was a breach of his duty of care to a fellow player. Expert evidence was called from 2 professional referees who disagreed on the interpretation of the video evidence. The case was determined by Recorder Craven. The claim was successful and the matter was listed for an assessment of damages. The Defendant appealed the findings of the trial judge and Mr Justice Lane at the High Court, allowed the appeal and remitted the case back to the county court for further determination. The case addressed the difficult issues of a claim brought for injuries arising in a professional sports arena where split second decisions are made in a fast moving context. 
• Grant v Dawn Meats. Counsel for the Defendant in the Court of Appeal in the hugely significant procedural case involving the effect of a general stay on the requirement to serve a Part 8 Claim Form.
• Bates v Staples. High Court of Justice. Counsel for the Claimant in the substantial dependency claim following the tragic death of a high achieving young father and his infant son in a road traffic accident. The claim was approved in excess of £1m.
• P v The Welsh Ambulance NHS trust. High Court of Justice. Counsel for the Defendant in a claim brought by a motorcyclist for catastrophic injuries suffered when in collision with an ambulance. The claim was approved at a little under 4 million.
• Various v Deputy International Limited: Ongoing. Counsel for a number of Claimants in claims for injury arising from the provision of metal on metal hip prostheses.
• Godwin v Peacock. Counsel for the Claimants in a dependency claim involving the death of a 20 year old husband and father in a road traffic accident.
• Marlene Harris v The Club. HHJ Vosper QC. Counsel for the Defendant in a claim pleaded in excess of £100,000 for injury suffered as a visitor. The claim was dismissed at trial. Permission to appeal to the Court of Appeal was refused by Lewison LJ.
• Khan v Fitness First Limited QBD. Counsel for the Defendant in appellate proceedings in a claim for injury involving a fall at a gymnasium. The Defendant alleged fraud.
• Lougheed v On the Beach Limited. Counsel for the Claimant who suffered serious injury on a holiday. The claim succeeded at first instance upon the Package Travel Regulations. The Defendant was an internet travel agency who disputed the application of the Regulations to an internet sale and any breach of Spanish regulations.
• Oliver Turton v WRU & Llanharan RFC. Counsel for the WRU in the successful defence of a claim brought against them by an injured player as a result of the condition of the premises of the member club. It was approached by the Defendant as an important test case.
• Counsel for a professional rugby club instructed to defend a claim brought against them by an opponent who had lost the sight of an eye and retired from professional rugby following an injury suffered whilst playing in a competitive match. The claim settled after service of a Defence and counter-schedule and following a joint settlement meeting.
• Sidaway v The Lawn Tennis Association: Counsel for the Claimant. The Claimant was a young nationally ranked tennis player who sustained an injury that prevented his pursuing a professional career.
• The British Boxing Board of Control Limited v Various: Panel Counsel to the BBBC in disciplinary proceedings brought against 13 licence holders including boxers, trainers, managers and promoters. All have been involved in a well-publicised boxing promotion in London that was regulated by a foreign Boxing Board contrary to the membership rules of the BBBC.
• The Welsh Rugby Union v Penygraig Rugby Football Club: Counsel for the WRU in unique disciplinary proceedings brought in response to the refusal of an entire rugby team to submit to a drugs test after they had won the Silver Bowl club competition. Tribunal Chairman Patrick Harrington QC.

Andrew has extensive experience of conducting inquests both in front of a single coroner and with a jury.

Over the years, he has attended around 50 inquests including deaths by road traffic and industrial accident, deaths by industrial disease, deaths of a patient in hospital, deaths in prison custody and suicides in or out of psychiatric units. He has cross examined expert and lay witnesses, including pathologists and is experienced in the very different approach to advocacy required in the coroners court.