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Abilgail Holt

Abilgail Holt

  • Called to BAR: 1993

Summary

Abigail specialises in medical/tort/negligence cases, with a particular emphasis on: industrial accidents and pulmonary disease, especially asbestos litigation; complex medical cases; challenging causation issues; clinical negligence; complex personal injury, including head injuries; regulation of healthcare professionals (especially GMC & NMC); Inquests arising from industrial disease, workplace accidents or from medical settings; Criminal Injuries Compensation Authority award appeals; and Court of protection. Abigail is the Treasurer of the European Circuit of the Bar and has an interest in European law having spent time working with the team of référendaires in the Cabinet of UK Advocate General, Eleanor Sharpston at the Court of Justice of the European Union in Luxembourg. She also has experience of litigation arising from accidents suffered abroad. Abigail is also knowledgeable in relation to Human Rights law and International Treaties and conventions, especially insofar as they impact on immigration and asylum law. Abigail has a special interest in Brexit-related changes and retained EU-law. Abigail is trained and registered with the Bar Counsel to act on a Public Access basis

Specialist areas of law include

Profile description

INDUSTRIAL DISEASE, ASBESTOS LITIGATION AND PULMONARY DISEASE

Abigail has extensive experience and expertise particularly in relation to lung disease arising out of historic asbestos exposure. Typical clients suffer from mesothelioma, lung cancer or asbestosis, as a result of historic occupational exposure in heavy industrial settings, such as ship yards and manufacturing industries as long ago as the 1950’s, through to the 1980’s. Abigail also has a great deal of expertise in successfully bringing claims for low exposure to asbestos, typically tradesmen such as plumbers and electricians. Many of Abigail’s instructions arise out of deaths due to lung disease and usually against a background of complex comorbidities. Abigail successfully represented the Estate of Oldman (LTL 14/8/2017) (persuading the Court to apply the jurisprudence of Jeromson, in a decision which pre-dated the very similar arguments put forward in the case of Bussey). Abigail has experience in relation to other types of lung disease, and, for example was involved in the British Coal litigation (Griffiths & others), where ex coal-miners achieved compensation for Chronic Bronchitis and COPD. She also has an interest in asthma, air pollution (https://eubarrister.co.uk/air-pollution/) and the physiological effects of vaping (https://eubarrister.co.uk/vape-debate-unknown-risks-unborn-childrenteenagers/). Abigail notes that many issues in asbestos disease litigation are strikingly similar to issues raised by the response to the COVID pandemic (https://eubarrister.co.uk/invisible-killers-a-lesson-from-the-slow-burnasbestos-scandal/).

CLINICAL NEGLIGENCE AND COMPLEX PERSONAL INJURY LITIGATION

Abigail spent 2 years as a medical student (before studying law at Oxford University) and so has a background in general and medical science. This informs all aspects of her practice involving medical and engineering issues, and particularly cases with complex causation and diagnosis problems. Example clinical negligence instructions include: failure to diagnose Herpes Simplex Encephalitis in a 9- month-old baby resulting in severe learning difficulties; failure to diagnose breast cancer, ovarian cancer and oesophageal cancer, all with fatal consequences; failure to diagnose DVT and pulmonary embolism with fatal consequences; irreversible damage to vascular system resulting in amputation of the claimant’s leg; undiagnosed Chron’s disease; surgically perforated bowel; slipped femoral epiphysis in a child resulting in permanent hip joint injury; undiagnosed scaphoid fractures and macular degeneration. Many of Abigail’s cases have involved allegations of negligence in the failure to provide adequate care for care-home residents suffering from dementia and complex co-morbid conditions. Recent instructions in personal injury cases have included fatalities arising out of a massive fireworks explosion with expert pyrotechnical evidence; burning injuries in foundries; serious degloving injuries; bilateral amputations arising out of a collision on a railway; many cases involving complex pain and profound emotional reactions to accidents resulting on severe psychiatric injury,

INQUESTS

Throughout her career, Abigail has been instructed in Inquests, usually with complex medical issues or connected to asbestos disease or industrial accidents. Industrial disease verdicts have been particularly important in low exposure asbestos cases or cases of lung cancer, particularly where other causes (eg smoking) were implicated. Other Inquests have included a case of purpureal fever, meningitis undiagnosed in A&E and deaths arising out of neglect of elderly individuals in healthcare settings.

Testimonials

Ruth Clark

“I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” “I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” Read more Read less

Saleem

“The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” “The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” Read more Read less

Natalie Ryan

“The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” “The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” Read more Read less

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Contact Abilgail today
  • Go direct to save on solicitors’ fees
    Go direct to save on solicitors’ fees
  • We’ll find the right barrister for you
    We’ll find the right barrister for you
  • 1000+ barristers: all direct access specialists
    1000+ barristers: all direct access specialists
  • Save up to 42% with fixed costs
    Save up to 42% with fixed costs
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