Rob Tobin
Rob.Tobin@kennedyslaw.com
+44 122 353 3076
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Profile
Rob leads Kennedys’ large team in Cambridge and is the head of Kennedys leading Medical Law team within the UK. He advises NHS Trusts and private medical providers on all aspects of medical negligence litigation and medical law related issues including end of life decisions, serious medical treatment applications, judicial reviews, consent and capacity to treatment and mental health law. He and his team also advocate on behalf of healthcare organisations at coroners’ inquests, including complex Article 2 and Jury inquests.
He is an NHS Resolution nominated partner, managing clinical negligence claims of the utmost severity, including cerebral palsy, neurological injuries, neonatal deaths, psychiatric injuries and emergency medicine. Rob also provides advice on healthcare law direct to NHS Trusts and private providers on topics including mental health; consent to treatment; mental capacity; clinical risk and governance; complaints; data protection; child protection and deprivation of liberty. He has a specialist practice in Court of Protection cases involving declarations to treat and withdrawal of treatment.
Rob lectures to clients on mental health, mental capacity, inquests, deprivation of liberty and consent and is a contributor to articles and publications within the industry including Kennedys’ healthcare brief. He is the legal advisor to both the Intensive Care Society’s Legal, Ethics and Advisory Group and to Thrive LDN, a mental health taskforce. He also sits on the Cambridge University Hospitals NHS Foundation Trust Clinical Ethics Advisory Group. During the Coronavirus pandemic, Rob has been actively advising the Intensive Care Society and the National Executive Critical Care Committee on legal and ethical issues concerned with the treatment of patients in the NHS.
Rob obtained a First Class honours degree in Economic & Social History from Leeds University, being awarded the Prize for the Best Dissertation in the year and the Prize for the Best Exam Results. He also achieved commendation at the College of Law, London for his Post Graduate Diploma in Law.
Rob contributed to the fourth edition of Kennedys’ Claims Handling Law and Practice Guide, authoring the 'Clinical negligence' and 'Consent, capacity and best interests' chapters. He co-authored the report, Catastrophic Injuries: the future of care. Is technology the answer? and spoke at the recent Kennedys webinar on this subject. He is a lead author of our recent report Healthtech in the future - the legal ramifications.
Qualifications
- Qualified in England and Wales in 2003
Rob Tobin is very calm, he's very clear and he understands things inside out.
Medical law seminar: mental capacity
Related articles
Market recognition
- Notable practitioner for 'Clinical Negligence: Mainly Defendant (UK-wide)'
"Rob Tobin is very calm, he's very clear and he understands things inside out".
Chambers UK 2024 - Recommended lawyer for 'Healthcare (London)'
"Practice head Rob Tobin is seen as a ‘go-to lawyer‘ for NHS Trusts requiring assistance with their responses to crises concerning mental health disorder services".
The Legal 500 UK 2024 - Notable practitioner for 'Clinical Negligence: Mainly Defendant (UK-wide)'
Chambers UK 2023 -
Leading Individual and recommended lawyer for 'Personal injury and clinical negligence: defendant (East Anglia)'"The ‘clever, inspiring, caring' Robert Tobin is the lead partner in Cambridge".The Legal 500 UK 2023
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Recommended lawyer for 'Healthcare (London)'"Rob Tobin leads much of the team's work, sitting on the Intensive Care Society's Legal Ethical and Advisory Group as their legal adviser".The Legal 500 UK 2023
- Notable practitioner for 'Clinical Negligence: Mainly Defendant (UK-wide)'
"He is exceptionally responsive."
Chambers UK 2022 - Notable practitioner for 'Healthcare: Mental Health: Providers (UK-wide)'
"Robert is always calm, considered and confident, even when answering the most unexpected and complex questions."
Chambers UK 2022 - Leading Individual and recommended lawyer for 'Personal injury and clinical negligence: defendant (East Anglia)'
"Rob Tobin and Amanda Mead are both fantastic client care partners and specialists in their own fields, always willing to go the extra mile to assist."
The Legal 500 UK 2022 - Recommended lawyer for 'Healthcare (London)'
"Rob Tobin’s knowledge is unparalleled. He is always calm and goes the extra mile for his clients."
The Legal 500 UK 2022
Awards
Work highlights
- Rob acted for the acute Trust in Cambridge University Hospitals NHS Foundation Trust (1) and Cambridgeshire & Peterborough NHS Foundation Trust (2) v RD [2022] EWCOP 47. In this desperately sad case, RD, a young adult in her mid-20s had fluctuating capacity. She was in a cycle of self-harm to such extent the High Court agreed it was in her best interests for clinicians to provide no further lifesaving treatment in the event she self-harmed again and required such treatment. This was despite the fact life-saving treatment was available.
- Rob acted for the Trust in the very high profile and tragic case of Cambridge University Hospitals NHS Foundation Trust v AH [2021] EWCOP 64, obtaining a declaration that it was no longer in the patient’s best interests to receive ventilatory support and that it was lawful for that to be withdraw. This case went to the Court of Appeal and concerned a 56 year old patient, who “in terms of the neurological impact and complications” was described as “the most complex COVID-19 patient in the world”.
- Tafida Raqeeb v Barts Health NHS Trust and others (2019) – Acted for Barts in complex Judicial Review and medical treatment case concerning withdrawal of life sustaining treatment for 5 year old Muslim child, whose parents sought to take her to Italy for ongoing medical treatment.
- Rob is currently advising an NHS Trust in a judicial review concerning the prescription of cannabis based medical products for a young child with severe epilepsy.
- Griffiths & Ors v The Chief Constable of Suffolk Police (1) Norfolk & Suffolk Mental Health Partnership NHS Trust (2) [2018] EWHC 2538 (QB) – High Court Trial. Successful Defence on behalf of mental health trust of allegations they did not protect a third party victim of murder by a mental health patient. Victim was murdered in front of her children with a bolt gun and Claimants alleged Trust ought to have taken steps to prevent this. Important legal issues concerning the Duty of Care owed to unknown victims.
- Claire Manzi v Kings College Hospital NHS Foundation Trust [2016] EWHC 1101(QB). Court of Appeal case where we successfully defended the NHS Trust against allegations of negligent treatment of placental retention. This concerned important legal issues around the reliance on adverse inferences where a witness does not attend trial.
- An NHS Trust v XF – Court of Protection matter in which Rob represented the NHS Trust in obtaining a declaration that it was lawful not to reinstate PEG feed in brain damaged woman, instead allowing her to die with palliative care.
- Amadou Nyang (A protected party by his litigation friend Ibraham Nyang) v (1) G4S Care & Justice Services Ltd 7 ORS (2013) - successfully defended four doctors where claimant suffered severe tetraplegia and cognitive injuries, having run head first into a wall. Multi-million pound saving on claim.
- Rob represented North Essex Partnership University NHS Foundation Trust and Princess Alexandra Hospital NHS Trust in a high profile Inquest. Deceased was nine months’ pregnant when her estranged boyfriend, Tony McClernon murdered her. He was receiving treatment for mental health at NEPFT at time. Essex Police, Essex Social Care and the CPS were also interested persons.
- Rob represented Royal Papworth Hospital NHS Foundation Trust in an inquest concerning the death of Kathryn Clack who had a swine flu vaccine. Within weeks she developed symptoms of narcolepsy and cataplexy. She later developed psychosis and was treated under the Mental Health Act. She sadly took her own life. Inquest had very novel and repercussive elements due to risk swine flu vaccine might induce narcolepsy and lead to psychosis.
Healthcare