Joe Docherty

Joe is developing his practice with a primary focus on professional negligence and clinical negligence. He also accepts instructions in personal injury and commercial litigation cases.

Joe has particular experience in solicitors’ negligence, having been recently instructed in cases concerning:

• Advice as to the entitlement to terminate a licence.
• Advice as to the onerousness or otherwise of ground rent provisions.
• Advice as to the existence of restrictive covenants.
• Advice as to the protection of purchasers’ deposits in the context of buyer-funded developments.
• Advice as to the registration of a trade mark.
• The adequacy of instructions to counsel in relation to family proceedings.
• The distribution of proceeds of sale of a jointly owned property.
• A failure to file a defence.
• A failure to file and serve a costs budget or budget discussion report.
• A failure to obtain certain evidence of fact for trial.

Joe has acted successfully in numerous strike out applications in a solicitors’ negligence context. He additionally has experience of claims against surveyors, architects and accountants.

In the course of his clinical negligence practice, Joe has appeared as sole counsel in both the County Court and the King’s Bench Division. His recent experience includes:

• Advising on the merits of a fatal claim concerning acute necrotising pancreatitis.
• Advising on the merits of a fatal claim involving a hypoxic brain injury.
• Advising on the merits of claims involving delayed treatment of appendicitis.
• Advising on the merits of a claim involving the treatment of an open fracture of the tibia and fibula.
• Advising on quantum in a claim involving negligent performance of decompression of the ulnar nerve.
• Advising on quantum in a claim involving a failure to administer intrapartum antibiotics.
• Advising in relation to non-delegable duties owed by a NHS Trust.
• Acting in relation to a claim involving the development of an infection leading to an above knee amputation.
• Achieving settlement, at a joint settlement meeting, of a claim for negligent performance of knee replacement surgery.

Joe also volunteers with the charity Action against Medical Accidents (AvMA).