Specialisms & expertise
Jonathan is a specialist in the fields of clinical negligence, personal injury and asbestos-related industrial diseases, and has a wealth of knowledge, in these areas acting for claimants.
He has practised in all areas of personal injury since 1987 eventually working exclusively in this area of law since 2004.
Jonathan’s caseload is wide ranging and has included injuries of the utmost severity caused both in traumatic and medical accidents. Many of Jonathan's cases also involve psychiatric injuries.
Jonathan's medical negligence claims have involved a wide variety of issues, some examples include:
- Cerebral palsy and severe brain injury during birth
- Substandard surgery
- Substandard orthopaedic management
- Lack of proper consent to treatment
- Prescription errors
- Delayed diagnoses.
He also handles cases involving obstetrics, gynaecology, orthopaedics, A&E, oncology, cardiology, neurology, haematology, general surgery, paediatrics, ophthalmology, general practice and dentistry.
Jonathan’s personal injury cases have included road traffic accidents, employer's liability claims, product liability claims and occupier's liability claims.
Jonathan’s asbestos-related disease claims span the main diseases involving:
- Lung cancer
- Pleural thickening
- Provisional damages where relevant.
Jonathan assists colleagues in our Dispute Resolution department where we act for clients suing solicitors who have failed to handle injury claims satisfactorily.
Client stories & examples of work
- Robert Mark Gordon -v- J B Wheatley and Co (a Firm)  EWCA Civ 173;  Lloyds LR PN 605 - a decision in a professional negligence case considering whether a contingent loss constituted "actual damage" for limitation purposes
- Jenks v West Kent Health Authority  - £2.6 million recovered for an 8-year old boy who suffered cerebral palsy and severe brain damage during his birth caused by the negligence of the defendant in delaying his delivery. The claimant was severely physically and mentally disabled, and would require 24- hour care and supervision for the remainder of his life
- Whalebone v Willett & MIB  - £552,000 damages recovered for a 17-year-old boy for the multiple injuries sustained in a road traffic accident including brain damage, a fractured right wrist, a severely broken leg, a fractured jaw, lacerated tongue and a collapsed lung who subsequently suffered from impaired balance, concentration, cognition and a lack of inter-personal skills
- A -v- Krstic  - damages recovered for an 8-year-old girl, for the wrongful extraction of four teeth in September 2005. The claimant suffered physical discomfort and sensitivity as well as impaired appearance and speech. The dentist involved was suspended for 12 months because of his conduct immediately after the treatment
- K v J Martin Brockley Limited  - provisional damages recovered for a gentleman with pleural thickening following occupational asbestos exposure
- B v Ashford & St. Peter's Hospitals NHS Trust  - damages recovered for a gentleman not warned about the risks of proposed surgery which materialised thereafter
- D v East Kent Hospitals NHS Trust  - £275,000 recovered for a gentleman who suffered permanent injury following repeated failures to treat a broken leg
- M v Frimley Park Hospital NHS Foundation Trust  - damages recovered for a lady suffering psychiatric injury after a dangerous over prescription of anti -malaria medication
- J v Medway NHS Foundation Trust  - damages recovered for the surviving husband of a lady who died in hospital from complications associated with displaced rib fractures which would have been diagnosed had their radiology department not refused to X-ray her
- K v Employer  - damages recovered for a lady assaulted by a resident of the care home where she worked in circumstances when warnings about worsening and threatening behaviour were not acted upon
- D v Driver  - damages recovered for a motorcyclist involved in a collision whereby a car was driven across his path without looking resulting in numerous orthopaedic injures together with head injuries affecting hearing and executive function
- M v Medway NHS Foundation Trust  – damages recovered for a patient who was not given full information about alternative treatment options to invasive spinal surgery. He suffered a post operative spinal fluid leak and other serious complications including increased lumbar pain and right leg sciatica which resulted in severe disability, debilitating headaches and moderately severe depression
- P v Optician  -damages recovered for a patient whose opticians failed to diagnose retinal detachment and to refer him for treatment. Had they done so, treatment would have been performed which would have preserved pre detachment vision. Because of delay, the detachment deteriorated resulting in permanent reduced vision
- S v Driver  - damages recovered for a stationary young moped rider who suffered a variety of injuries when an elderly motorist reversed her car at speed before crashing into her
- J v Guy's and St Thomas' NHS Foundation Trust - damages recovered for a lady who suffered unnecessarily after an unacceptable failure to perform heart bypass surgery
- W v Medway NHS Foundation Trust  - damages recovered for a gentleman who ultimately elected to have an index finger amputated because of the severity of symptoms following a failure to treat injury satisfactorily
- M & D  - damages recovered for mother and daughter following a variety of failures during the management of the delivery of a baby to include facial scarring for the baby and an unremoved succenturiate lobe of placenta for the mother
- B v Employer  - damages recovered from wife of deceased labourer who died from mesothelioma
- J v Kings College Hospital NHS Foundation Trust  damages recovered for a patient who was not given full information about alternative treatment options for a rectal condition. She underwent an inappropriate operation that was not performed to an acceptable standard and suffered severe and permanent post operative complications
- C v Driver  - damages recovered for a cyclist involved in a collision with a van causing serious shoulder injuries and recurrence of previous psychiatric injury
- C, S, A and C v MOD  £430,000 damages recovered for wife and children of a gentleman who died of mesothelioma.
Types of client
Jonathan acts for the full range of claimants:
- Children, by their litigation friend, normally a parent
- Surviving family members (‘dependants’) in fatal cases
- Adults and children without capacity, again by their litigation friend, normally a family member
- Executors in fatal cases.
Achievements & accreditations
Jonathan is ranked in the prestigious independent guide to the profession, the Legal 500 for 2018 and noted to be one of their next generation lawyers. In 2017, he is described by the Legal 500 as ”extremely thorough”, and someone in asbestos cases who “can cut through technical issues”. Their 2018 description of him is: 'Erudite' senior associate Jonathan Herbert has 'a strong client focus'. He is an:
- APIL accredited senior litigator
- Law Society accredited personal injury lawyer
Jonathan is a member of both Headway in West Kent and the Kent Acquired Brain Injury Forum ("KABIF") and the Co-ordinator of APIL’s South East Regional Group.
In his spare time he enjoys cycling around the breath-taking, in more ways than one, Kent.
Jonathan is a Chartered Legal Executive who took a break in his studies to focus on his caseload before finalising his civil litigation qualifications in November 2007. In the light of his significant experience, he was admitted as a fellow in 2007 without having to complete two further years employment on completion of his qualifications.