Heather Beckett

Heather Beckett

Call: 2013

"Heather was fantastic...By the end of the conference I felt I had a clear direction of travel"

RWK solicitors

“Thank you for going above and beyond – this is very helpful indeed”

BR solicitors

"Thank you so much for your superb guidance, I will always appreciate it"

AZD - Direct Access client

"Wow! That is another thorough analysis from you, thank you - and the expert recommendations are helpful too"

TB solicitors - Dental Claim

Interested in instructing Miss Beckett?

Please call 020 7353 6802 or complete the form below:

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Heather had a successful career as an NHS hospital Consultant before being called to the Bar. A highly sought-after expert witness in Restorative Dentistry in clinical negligence and regulatory Fitness to Practice proceedings, she also has experience of general dental and specialist private practice.

Her legal practice is focused on civil work, with a specialist emphasis on medical and particularly dental negligence and personal injury. Heather remains registered by the GDC as a Specialist in Restorative Dentistry and her in-depth knowledge and practical experience in addition to her ability to assess and test expert witness evidence proves particularly valuable at the assessment and pre-action stages of litigation for Claimants and Defendants alike. For more information, see www.dentalbarrister.co.uk

Heather has also undertaken specific mediation training with the London School of Mediation and is experienced as a mediation advocate and negotiator in contractual matters as well as dental and professional negligence disputes.

Heather is a Fellow of the Faculty of Dentistry of the Royal College of Surgeons of England, a former Clinical Panel member for the Dental Complaints Service and a trained volunteer Gateway Assessor for the Citizens Advice Bureau.

Heather is able to accept instructions on a direct access basis.

Heather is ranked in the Legal 500 2021 edition,  Professional Disciplinary & Regulatory Law  (Tier 1 – Rising Star).

Recent Cases

P.B. v (1) M.B. (2) A Ltd  (2020)- incomplete and negligent orthodontic treatment –   Vicarious liability/non-delegable duty of care of a dental practice trading as a limited company  

The Claimant, an adult, attended a dental practice, (A Ltd), seeking orthodontic treatment in order to improve her smile. She was initially examined by the practice principal.  A costed private treatment plan was  provided,  signed by the practice principal, explaining when and how payments were to be made to the Practice  and the Claimant signed to indicate her agreement. The Claimant was then “allocated” for treatment to the First Defendant, who extracted a tooth and commenced a course of fixed orthodontics.  A few months later the First Defendant was erased from the dental register.

The practice principal saw the Claimant again and indicated that she would need to be referred to another practice/dentist for completion of the orthodontic treatment, there being no other dentist at the practice that could carry out orthodontics.  Upon referral, the new orthodontist opined that if the current line of treatment were continued, the Claimant’s smile would be asymmetrical and she would have a centre line discrepancy at the end of treatment.  He suggested that further tooth extractions would be required in order fully to align the teeth and correct the bite.  All the fixed braces would need to be removed and rebonded in any event.

The Claimant had not been made aware prior to agreeing to undergo the treatment that the outcome would be sub-ideal, nor that her treatment was being provided by a non-specialist orthodontist. It was alleged that her informed consent to the treatment had not been obtained, and that the treatment provided was also below the standard that she was entitled to expect.

M.B. (the First Defendant) did not respond to any pre-action correspondence.  However, it was also alleged that the Practice (a limited Company) was vicariously liable for his acts and omissions, given the specific facts of the case.  It was also alleged in the alternative that the Company owed a non-delegable duty of care to the Claimant, pursuant to the test established in Woodland v Swimming Teachers Association & Others [2013] UKSC 66, it being fair just and reasonable to impose such a non-delegable duty of care upon the Company.  The arguments were similar to those successfully advanced in the case of  Ramdhean v (1) Agedo (2) The Forum Dental Practice Limited (2020), and most recently in Breakingbury v Croad (2021).

It was further alleged that there had been a breach of the common law and statutory implied terms to carry out the service with reasonable skill and care.

The matter was settled pre-action by the indemnifiers of the practice principal on behalf of the Company, without need to issue proceedings.

B v Dr G (2018) Heather Beckett acted for the Claimant in this dental negligence claim where the Defendant had failed to diagnose, treat adequately, monitor adequately and maintain adequately the Claimant’s periodontal condition.  The result was that the Claimant would lose all her upper teeth and would require complex remedial treatment involving bone grafting and implants.  She also suffered psychological injury.  A complicating aspect  was that the Claimant had recently changed solicitors,  protracted pre-action negotiations having stalled, and shortly after doing so the expert who had been instructed withdrew on the grounds that he was conflicted.  The new solicitors then instructed Heather, who advised regarding an appropriate new expert and timely progression of the case.  Shortly after serving the Particulars of Claim and Schedule of Loss, and without entering a Defence, the Defendant agreed to settle the claim for £80,000.

Publications

  • ‘What not to do as an Expert Witness from a Barrister’s point of view’ Expert Witness Journal Autumn 2019, Volume 1 Issue 29.
  • An investigation into the current practice of tooth whitening in a Southern English city in the context of associated legal issues. Primary Dental Care 2010; 17 (3): 127 – 135
  • Open wide. New Law Journal. 10 October 2012
  • Of snails and burning wood. Make sure the science stacks up. Journal of Personal Injury Law 2015, 4, 228-231
  • ‘Montgomery consent’: Decision of the UK Supreme Court. The Practising Midwife 2016: 19 (6), 27-29–commissioned article
  • Ten top tips for expert witnesses in Clinical Negligence claims. Expert Witness Journal Winter 2016/7, Volume 1 Issue 18

Interested in instructing Miss Beckett?

Please call 020 7353 6802 or complete the form below:

  • This field is for validation purposes and should be left unchanged.

Education & Qualifications


BPTC (Very Competent), Kaplan Law School (2012-2013)

Graduate LLB, Nottingham Trent University (2013)

GDL (Distinction), Nottingham Trent University (2010-2012)

LLM (Distinction), Medical Law & Ethics, De Montfort University (2010)

Postgraduate Certificate in Evidence-Based Practice (Distinction) Portsmouth University (2005)

Dental qualifications – BDS; FDS, RCS (Eng.); MSc.

Memberships


Association of Personal Injury Lawyer

Recognition


Advocacy Scholarship, Kaplan Law School 2012-2013

Pepperdine Moot Inner Temple 2012 – Winner

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