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Jennifer Paine

Legal Team - Senior Solicitor

About Me

I’m a senior solicitor at the Dental Law Partnership, having joined the company in 2020. Despite my recent arrival, I have already worked on several notable cases for the firm, and I have greatly enjoyed my time at the company so far. I’m regulated by the SRA (Solicitors Regulation Authority).

In my spare time, I enjoy reading and travelling. I also work as a volunteer Magistrate, alongside my working life at the Dental Law Partnership.

Experience

I’ve worked in the field of law for over 20 years, starting out in 1999. I originally worked in the personal injury sector, before moving across to clinical negligence (specifically dental negligence) when I started working at the Dental Law Partnership in 2020.

Before joining the Dental Law Partnership, I worked at a number of other legal firms across the North West, qualifying as a solicitor in 2002. Since then, I have gained extensive experience in the sector, which has led to my current position as senior solicitor.

During my years in the legal industry, I have worked on a number of important cases, and I aim to help many more people with their dental negligence claims in the years to come.

Qualifications

As well as my law degree, I have also completed the LPC (Legal Practice Course) and undertaken the Professional Skills Course.

For my work as a Magistrate, I have completed extensive training, giving me insight into more areas of law and the judiciary. I have also undertaken Judicial Shadowing and attended the Coronial Law Lecture Series at Bolton University.

Cases

I have worked on many notable cases during my time as a lawyer. One of the most prestigious cases is Pawley V Whitecross Dental Care Ltd & Ors [2021]EWCA Civ 1827.

In this case, an attempt by a dental corporate to force the Dental Law Partnership’s client to sue treating dentists, in addition to the corporate body, was roundly dismissed in a judgement which will be of interest to all involved in civil litigation.

The Claimant was a patient at the Defendants’ dental practice between 2012 and 2018. During that time she was treated by four different dentists at the practice. She issued proceedings in the County Court, alleging that her treatment was negligent. She chose to sue the Defendants and not the individual dentists, alleging that the Defendants owed her a non-delegable duty of care and that they are to be held vicariously liable for the negligence of those individuals who treated her.

Instead of applying to join the individual dentists as additional parties pursuant to CPR Part 20, the Defendants applied pursuant to CPR Part 19 to join them as additional Defendants to the Claimant’s claim.

 

Initially, a District Judge acceded to the Defendants’ application. On the Claimant’s appeal, the County Court Judge upheld the decision of the District Judge. The issue for the Court of Appeal was whether the Judge was wrong to reject the Claimant’s appeal.

In the Court of Appeal, it was determined that he was. Lord Justice Underhill stated: “It is in all ordinary circumstances a matter entirely for a claimant’s choice who they wish to bring a claim against. In this case, by adding the dentists as defendants the Court was, necessarily, requiring the Claimant to make a claim against someone she had chosen not to sue. That seems to me to have been wrong in principle.”

To find out more about how I can help you with your dental negligence claim, please get in touch by filling in our online enquiry form.

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