Rob leads Kennedys’ large healthcare team in Cambridge. He advises NHS Trusts and private medical providers on all aspects of healthcare law, including medical negligence litigation, end of life decisions, 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.

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 co-authored the report, Catastrophic Injuries: the future of care. Is technology the answer? and spoke at the recent Kennedys webinar on this subject.

Qualifications

  • Qualified in England and Wales in 2003

Practice head Rob Tobin is....very clever and knowledgeable.

The Legal 500 UK 2021

Market recognition

  • Leading Individual and recommended lawyer for 'Clinical negligence: Defendant (East Anglia)'
    "Practice head Rob Tobin is....very clever and knowledgeable."
    The Legal 500 UK 2021
  • Recommended lawyer for 'Public sector: Healthcare (London)'
    The Legal 500 UK 2021
  • Notable practitioner for 'Clinical Negligence: Mainly Defendant (UK-wide)'
    "He anticipates challenges and is forward-thinking, presenting a range of options even before the issue materializes."
    Chambers UK 2020
  • Notable practitioner for 'Healthcare: Mental Health: Providers (UK-wide)'
    Chambers UK 2019
  • Notable practitioner for 'Clinical Negligence: Mainly Defendant (UK-wide)'
    "He's very knowledgeable with an ability to explain complex legal issues in a straightforward way."
    Chambers UK 2019
  • A Leading Individual for 'Medical Malpractice - defendant (East Anglia)'
    The Legal 500 UK 2018/19
  • A Recommended Lawyer for ‘Healthcare (London)’
    The Legal 500 UK 2018/19

Work highlights

  • 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.
Market recognition
  • Legal-500-UK-2021-leading-individual.png

    Leading Individual

    The Legal 500 UK 2021

  • Legal-500-UK-2021-recommended-lawyer.png

    Recommended Lawyer

    The Legal 500 UK 2021

  • Legal-500_UK_Leading-individual.png

    Leading Individual

    The Legal 500 UK 2020

  • Legal-500_UK_Recommended-lawyer.png

    Recommended Lawyer

    The Legal 500 UK 2020

  • Recommended_lawyer_2019.png

    Recommended Lawyer

    The Legal 500 UK 2019

  • Leading_individual_2019.png

    Leading Individual

    The Legal 500 UK 2019