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James Badenoch QC
[email protected]
Tel: 020 7797 7500

James Badenoch QC
[email protected]
Tel: 020 7797 7500

Year of Call: 1968
Year of Silk: 1989
Inn: Lincoln's Inn
Circuit: South Eastern
Date of Birth: 24 July 1945
Educated: Rugby School; Magdalen College Oxford (MA)
Appointments: Recorder of Crown Court since 1987; Deputy High Court Judge (Queen's Bench) since 1994; Bencher of Lincoln's Inn 2000; Chairman of the Expert Witness Institute
Bar Association: Professional Negligence Bar Association; Association of Regulatory and Disciplinary Lawyers; Human Rights Lawyers Association; London Common Law & Commercial Bar Association
Languages: French; Italian


Interests: Travel; Fossil Hunting; Wildlife Photography; the Study of Herons


Areas of practice include but are not limited to:
Clinical Negligence - long and extensive experience in clinical negligence cases of every kind;Professional Negligence; Personal Injury; Contract; Crime; Employers' Liability and Health and Safety; Torts; Trade Descriptions. Disciplinary work including numerous prosecutions/defence at GMC/GDC.

Accredited Mediator.


Previous cases include:

Wilsher v Essex Area Health Authority 1988 AC 1074 (HL) - Medical negligence, causation principles.


The Wendy Savage Inquiry (1986) - NHS disciplinary tribunal.


Dobbie v Medway Health Authority [1994] 5 Med LR 160 (CA) - Medical injury, limitation principles.


Hossack v General Dental Council (1998) 40 BMLR 97 (PC) - Appeal to Privy Council/principles


GMC v Dr Asirifi (1999) - Sexual abuse of patients


GMC v Rodney Ledward (1999) - Disciplinary proceedings. High profile. Multiple/serious charges.


GMC v Dr Harold Shipman (2000) - Disciplinary proceedings


Penney & Others v East Kent Health Authority [2000] Lloyd's Rep Med 41 (CA) - Application and limits of 'Bolam Test'


East Sussex County Council v 'O' (2002) - child abuse


Heil v Rankin [2000] 2 WLR 1173 (CA) - Landmark case on general damages


Preiss v General Dental Council [2001] Lloyd's Rep Med 491 (Privy Council) - Human Rights and Professional Discipline. Defining "serious professional misconduct".


GDC v Mulgrew - Largest dental disciplinary of recent times


GMC v Dr Gerson (2001) - Disciplinary proceedings



Admitted to the Hong Kong Bar (Ad Eundem) 1999 and 2001. Appeared Hong Kong High Court 2001/2002.

Publications - Medical Negligence, Powers & Harris 1st Ed 1990, 2nd Ed 1994, 3rd Ed (contributor). Publisher: Butterworths 2000.

Lecturer to: Hong Kong Bar Association; Hong Kong Law Society; Royal Society of Medicine; Harveian Society; AVMA.