Catriona Stirling
Catriona is a barrister specialising in the areas of personal injury and clinical negligence, public law and human rights, and employment and equality law.
Practice Area
Panel
- Contributing Author
6 Contributions by Catriona Stirling
PRACTICE NOTES
Claims Arising from Cosmetic Surgery and Non-surgical Procedures: Regulation, Consent/Advertising, Liability (Negligence, Contract, Product), Quantum and Limitation
Definition
Guidance for doctors who provide cosmetic interventions, issued by the General Medical Council (GMC) in 2016 and revised in December 2024, defines cosmetic interventions as any procedure, treatment or intervention undertaken chiefly to alter some aspect of a patient’s physical appearance. This spans surgical and non-surgical options, encompassing both invasive and non-invasive approaches. In recent years, cosmetic surgery activity has surged markedly; online discounting has played a part in fuelling this rise. As the volume of procedures increases, so too does the likelihood that complications or undesired outcomes may occur...
PI & Clinical Negligence
PRACTICE NOTES
Cosmetic breast surgery negligence claims: Bolam/Bolitho, Montgomery consent, complications, defendants, valuation and guidance
This Practice Note expands on the core principles of cosmetic surgery claims, with particular attention to claims arising from breast enlargement, reduction or augmentation. As with other cosmetic surgery matters, the surge in social media use has contributed to a higher volume of such procedures. See Practice Note: Cosmetic surgery claims.
Definitions
Breast enlargement is an operation to increase breast size by placing implants. These are breast-shaped sacs featuring a silicone outer shell, filled with either silicone gel or saline solution.
Breast augmentation is surgery aimed at improving breast shape where there is asymmetry or a marked size difference. Misshaping may result from breast trauma, a mastectomy, or a congenital deformity.
Breast reduction is a procedure to decrease breast size. It is commonly performed for women with very large breasts that cause neck and back pain, or significant emotional distress and embarrassment. Reduction may also be undertaken to realign breasts following reconstructed surgery after a mastectomy.
Commonly encountered issues
Disappointment at the outcome of...
PI & Clinical Negligence
PRACTICE NOTES
Private law claims for breach of statutory duty: availability, negligence overlap, failure to exercise powers, public versus private acts, HRA 1998, health and safety after ERRA 2013 (England and Wales)
What is a private law claim for breach of statutory duty?
A private law claim for breach of statutory duty arises where:
the defendant was subject to a statutory obligation to take a specified action
that action was not carried out
and the breach caused damage to the claimant
Such a cause of action can be pursued against any entity bound by the duty, whether a public authority or a private organisation. For instance, section 41 of the Highways Act 1980 enables highway users to bring proceedings for a failure to maintain the highway. Additionally, where a public authority acts in breach of a statutory obligation, an adversely affected individual may seek a public law remedy by applying for judicial review. However, many statutory duties do not confer a private right to sue. Consequently, most claims against public authorities are framed in negligence rather than for breach of statutory duty. In the personal injury context, by way of example, section 69 of the Enterprise and Regulatory Reform Act 2013 amended section 47...
PI & Clinical Negligence
PRECEDENTS
Precedent Particulars of Claim: Injuries from Care Home Falls—Clinical Negligence, Risk Assessment and Prevention Failures (England and Wales)
IN THE [ COUNTY COURT AT [ Insert ] OR HIGH COURT ]
Claim Number: [ Insert claim number ]
Parties: [ Insert name of Claimant ] Claimant [ (a patient, by his son and litigation friend XX (insert name of LF)) ] -and- [ Insert name of Defendant ] Defendant
PARTICULARS OF CLAIM (CLINICAL NEGLIGENCE)
The parties
Throughout the relevant period, the Claimant, a patient, received nursing and personal care from the Defendant, delivered by its staff and authorised agents.
During all material times, the Defendant ran, managed and administered a residential care home known as [ Insert care home name ], located at [ Address ] (‘the care home’)...
PI & Clinical Negligence
PRECEDENTS
Precedent Particulars of Claim: occupational stress from workplace bullying/harassment (negligence, breach of contract, vicarious liability, Protection from Harassment Act 1997) – England and Wales
[ In the County Court at [ insert ] OR in the High Court of Justice ]
[ [ Specify division ] ]
[ [ Specify specialist court ] ]
[ [ Insert location ] District Registry ]
Claim No. [ insert claim number ]
Between [ Insert name and details of the Claimant ] Claimant
-and-
[ Insert name and details of the Defendant ] Defendant
Particulars of claim
1 At all relevant times, the Claimant was in the employment of the Defendant as a [ insert Claimant’s job title and location eg mail sorter at its Islington office ] and was acting within the scope of [ his OR her ] employment. The Claimant’s employment began on [ insert date ]. Throughout this period, the Claimant reported to [ insert name of Claimant’s line manager, eg Mr Bloggs ]. [ Mr Bloggs’ ] own manager was [ insert name, eg Mr Jones ]. The Defendant’s Managing Director was [ insert name, eg, Mr Smith ]...
PI & Clinical Negligence
PRECEDENTS
Template Particulars of Claim: Care Home Pressure Ulcer Clinical Negligence and Breach of Contract (England and Wales)
IN THE [ County Court at [ Insert ] or High Court ]
Claim No: [ Insert claim number ]
Parties
[ Mrs Jane Bloggs ] — Claimant
[ A Care Home ] — Defendant
PARTICULARS OF CLAIM
The parties
At all relevant times, the Claimant was under the care of the Defendant, through its staff or agents, in relation to her nursing and personal care.
Throughout the relevant period, the Defendant ran, directed and oversaw a private residential care home called [ A Care Home ], located at [ Address ] (‘the care home’).
...
PI & Clinical Negligence
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