Barrister Profile

Luke read Law at the University of Nottingham, and went on to obtain a Masters from the University of Manchester.  He was called to the Bar in 2011.

Luke has an enviable multifaceted practice, reflecting his wealth of knowledge, keen intellect, and comfort with complex factual matrices.  He concentrates mainly on the following areas:

Clinical Negligence

Luke has extensive experience in successfully representing claimants following negligent medical treatment. He regularly conducts conferences with experts, drafts detailed statements of case, and composes comprehensive schedules of loss. Examples of his clinical negligence work to date include cases of:

  • X v East Lancs Hospitals NHS Trust (ongoing) – failure to perform ABPI measurements and arterial duplex ultrasound scan, thereby failing to diagnose significant chronic peripheral arterial disease, leading to avoidable amputation of forefoot and subsequently below-knee amputation. Seven figure value.
  • X v GP (ongoing) – multiple failures to recognise classic manifestations of early-stage prostate cancer, leading to delay in diagnosis. Claimant’s treatment options now palliative rather than curative.  Claim includes lost years.
  • X v East Lancashire Hospitals NHS Trust (ongoing) – negligent placement of nasogastric feeding tube into lungs, and failure to notice the same, causing permanent damage.
  • X v Royal United Hospital Bath NHS Trust (ongoing) – failure to diagnose ectopic pregnancy leading to avoidable salpingectomy.
  • X v Wrightington, Wigan & Leigh NHS Foundation Trust (ongoing) – failure to diagnose kidney cancer leading to avoidable nephrectomy and metastasis.
  • H v East Lancs Hospitals NHS Trust (2020) – failure to advise baby was large for dates, the significant risks involved in vaginal delivery and the benefits of a C-section, resulting in complicated vaginal delivery requiring extended episiotomy and use of Wrigley’s forceps. Shoulder dystocia occurred.  Claimant suffered permanent vaginal, urological, colorectal and psychological injuries.  Successfully settled.
  • B v East Lancs Hospitals NHS Trust (2020) – failure to follow hospital policy re: guidelines for endophthalmitis following intravitreal injections, leading to total loss of vision. Successfully settled.
  • H v East Lancs Hospitals NHS Trust (2020) – failure to diagnose undisplaced fracture of the proximal pole of the scaphoid, to adequately safety-net and to provide adequate after care following rugby injury. Successfully settled.
  • T v East Lancs Hospitals NHS Trust (2020) – failure to diagnose skin condition as CD30 T cell Lymphoma which subsequently metastasised to his lymph nodes requiring stem cell therapy and sequestration. Previous history of aggressive eczema making diagnosis difficult.  Breach and causation firmly denied.  Successfully settled.
  • C v Private Plastic Surgeon (2019) – multiple failures including consenting issues, negligent performance of surgery on the Claimant’s labia and clitoral hood (elective labiaplasty), and after-care. Expert confirmed surgery amounted to Female Genital Mutilation.  Liability vehemently denied.  Successful at final trial.
  • A v East Lancs Hospitals NHS Trust (2018) – failure to diagnose fracture within the wrist leading to avascular necrosis and eventual requirement for fusion surgery. Claim included significant future losses, but complicated by the claimant having previously sustained a brain injury.  Significant issues as to how that should be accounted for within the clinical negligence claim.  Successfully settled at JSM for six figure sum.
  • W (on behalf of W, deceased) v East Lancs Hospitals NHS Trust (2018) – failure to identify lung cancer visible on CT scan. Experts involved included Consultant Oncologist and Cardiothoracic Radiologist.  Successfully settled.

Serious/Catastrophic Injury

Luke regularly acts in cases whose value exceeds £500,000.  Instructing solicitors often comment that Luke brings real value to a case and his Schedules of Loss are of outstanding quality.  His recent work involved representing a young man who suffered a diffuse axonal brain injury, which settled for in excess of £1million.

Luke is currently representing another gentleman who suffered a significant diffuse axonal brain injury.

Commercial/Civil Disputes

Luke regularly represents professionals and corporate bodies in all manner of civil and commercial disputes.  Within the last year alone he has acted in such cases involving:

  • Defending (advising, drafting and representing at Court) a company and its directors from various claims brought by former directors.
  • Representing a banking institution in a breach of guarantee case.
  • Advising on an alleged breach of trust of a trustee.
  • Advising and attending court in a case involving issues regarding constructive trusts, proprietary estoppel, and options to purchase.
  • Breaches of franchise agreements.
  • Construction of commercial contracts.
  • Representing corporate entities, including PLCs, in actions to recover debts e.g. for unpaid invoices for works done and/or goods supplied.
  • Advising and representing a leading North West home-building company, and also many individuals, in civil building disputes, as claimant and defendant, including cases under the Sale of Goods Act, Supply of Goods and Services Act, and consumer protection legislation.
  • Representing a sector-leading national and international supplier of goods in a case involving issues concerning implied terms as to quality and the exercise of reasonable care and skill.
  • Two-day trial concerning the correct interpretation of the Gas Act 1986 & the Gas Code, and issues of repudiation, rescission and quantum meruit to name but a few.

 

Luke is quick to develop a rapport with clients and solicitors, and is happy to respond quickly to emails and calls from those who instruct him looking for a quick view or a second opinion.

When not working, Luke enjoys golfing and climbing as well as wowing crowds playing the Flugelhorn in a brass band.

menary@liverpoolcivillaw.com