Outer Temple | News This Year

Public Inquiry into Hyponatraemia-related deaths commences Full Hearings

The Hearings of a Public Inquiry into the deaths of five children at the Royal Belfast Hospital have commenced in Northern Ireland. Michael Uberoi (instructed by Brechin Tindall Oats) is representing a Consultant Paediatric Anesthetist who is a Core Participant at the Hearings.

Global Guide Recognition

Nick Stallworthy has been ranked in the 2012 Chambers & Partners Global Guide which is being launched on Friday 16th March.

Ben Compton QC and Will Young assist NGOs with Human Rights challenge to intensive farm planning application

Ben Compton QC and Will Young have recently agreed to act pro bono for Friends of the Earth, the Soil Association and Pig Business in opposing a planning application for a US style mega pig farm in South Derbyshire to be built within 150 yards to HM prison Foston Hall, and a residential housing estate in South Derbyshire.

Outer Temple Chambers opens in Manchester

We are delighted to announce the opening of our offices in Manchester at the end of February. Outer Temple Chambers has always had strong links with the North West and a permanent base in Manchester with the facilities to meet and confer with clients will enable us to preserve, strengthen and build on those relationships.

Central Manchester University Hospitals v Browne

Judgment was handed down today at the Employment Appeal Tribunal in the case of Central Manchester University Hospitals NHS Foundation Trust v Browne. Mr Browne who was represented by Andrew Short QC and Andrew Allen at the EAT, was successful in resisting the Trust's appeal.

Ben Bradley obtains injunctive relief against builder

Ben Bradley successfully represented Lisa Brown at trial in claims for breach of contract and harassment, against a builder who performed refurbishment works to her new physiotherapy practice in Gosport.

United States v Christine Nolan: Mark Mullins represents sacked GMB workers in Luxembourg hearing

Outer Temple barrister Mark Mullins represented GMB union member Mrs Christine Nolan at an oral hearing before a five judge chamber of the Court Of Justice of the European Union (CJEU) in Luxembourg on January 18th 2012.

Outer Temple Pupil wins claim for sleep-shifts at National Minimum Wage

Pupil barrister Miranda de Savorgnani recently represented a worker with a complex holiday/ National Minimum Wage claim in Hall v Care One Ltd. Miranda was instructed by the Free Representation Unit (see www.thefru.net).

Bennett v Stephens: Periodical Payments and the MIB

In January 2012 the long-running saga of Anthony Bennett's claim came to an end. After many twists and turns Anthony can now enjoy the security shared by so many other claimants of knowing that his care and case management needs will be met by periodical payments. A passenger in a vehicle involved in a road traffic accident, his multi-million pound claim was settled on a conventional basis in early 2010.

Nicklinson v Ministry of Justice

Charles Foster and Ben Bradley are instructed by Barlow Robbins, on behalf of Care Not Killing, a coalition of anti-euthanasia groups, which is seeking to intervene in the case of Nicklinson v Ministry of Justice.

Outer Temple pupil wins pro bono employment tribunal case

Outer Temple pupil Tom Gibson won a heavily contested unfair dismissal case on behalf of the Free Representation Unit.

Bribery Act 2010 seminar: A guide to understanding the Act in Panama

Outer Temple Chambers’ barrister John McKendrick has been invited to present a seminar on the Bribery Act 2010 to be hosted by the British Embassy, Panama and the British Chambers of Commerce, Panama.

Court holds that proprietary estoppel claim vests in Official Receiver

In Webster v Ashcroft (HC09CO1470) the Court has held, in the absence of any previous authority, that a claim for proprietary estoppel vested in a promisee’s trustee in bankruptcy because, as at the date of the bankruptcy order, the promisees had, according to the claim, a right in equity to a transfer of the property in question.

DNAR orders can be medico-legally lethal

‘Do not attempt resuscitation’ orders ‘DNAR orders’, have been much in the news: see, for instance, http://www.guardian.co.uk/society/2011/nov/23/watchdog-do-not-resuscitate-order There is concern about them being slapped on patients’ notes without any or any adequate consultation with the patient or, if the patient is incapacitate, with the relatives or carers.

Daniel Barnett answers weekly dilemma in Personnel Today

Daniel Barnett fills the prestigious 'Weekly Dilemma' slot in leading HR journal, Personnel Today

Court grants rectification without full hearing

On Tuesday 29 November, David E. Grant appeared in Volvo Group UK Ltd v Wheeler & Ors (IBM30115) in what is thought to be the first occasion the Courts have granted rectification on a summary judgment basis but without a full hearing, Counsel for the representative beneficiary alone appearing by way of a private telephone appointment with the Judge.

Robert Rhodes QC lectures on ADR and on the Bribery Act in China.

Robert Rhodes QC, while with a Bar Council delegation to China, lectured twice at the Central University of Economics and Finance, Beijing on ADR and on the Bribery Act, as well as addressing the Beijing Lawyers’ Association and a seminar of the Tianjin Lawyers’ Association.

Equal Pay Claims in the Civil Courts

Andrew Short QC and Naomi Ling have successfully argued before the Court of Appeal that claims for equal pay may proceed in the civil courts. In Birmingham City Council v Abdulla, 174 former employees of the Council represented by Leigh Day & Co asserted that the failure to give them pay equal to predominantly male groups of staff, in accordance with the Equal Pay Act 1970, comprises a breach of contract enforceable in the civil courts. In a judgment handed down on 29th November, the Court of Appeal agreed and ruled that the claims should not be struck out.

GMC v Skinner

Charles Foster successfully represented Dr Gordon Skinner before the Fitness to Practise Panel of the General Medical Council.

Law Society Handbook on Employment Law

The fifth edition of the Law Society Handbook on Employment Law is published this month

Fraud, Asset Tracing and Recovery in the Gulf

Ali Almihdar is speaking at C5’s Annual Conference Fraud, Asset Tracing & Recovery in the Gulf Legal Developments, Innovative Tactics and Successful Strategies for Civil Fraud Professionals in January 2012 at Al Murooj Rotana Dubai Hotel, United Arab Emirates.

Two winners of Chambers Bar Awards

David Westcott QC and Charles Foster were both winners at the 2011 Chambers Bar Awards Ceremony on Thursday 27th October 2011.

Richard Lissack QC on "Inquiries: Advice to Lord Justice Leveson"

Richard Lissack QC who has appeared in a number of high profile public inquiries, acting for both relatives and public bodies, was interviewed for Radio 4’s Law in Action. The programme presented by Joshua Rozenberg investigates how accountable such reviews as the Leveson Inquiry will be.

Alan Jenkins and Michael Uberoi secure acquittal for doctor in Crown Court trials

Alan Jenkins and Michael Uberoi successfully defended a locum GP accused of 18 counts of sexual assault and assault by penetration on a total of 12 female patients. At a first trial, held at Oxford Crown Court during March and April 2011, Dr S was acquitted on 7 of the 18 counts that were before the jury. Following a four week re-trial, in September and October 2011, Not Guilty verdicts were returned on each of the remaining 11 counts on the indictment.

Robert Rhodes QC invited to lecture in China on “adequate procedures” in Bribery Act.

Robert Rhodes QC has been invited to join a Bar Council delegation to visit Beijing and Tianjin in November, when he will speak at a seminar on the defence of “adequate procedures” to charges of corporate bribery under the Bribery Act 2010.

Oliver Assersohn wins in Court of Appeal

The Court of Appeal decision in The Great Estates Group Limited v Mr Digby was handed down today and upheld the decision made at first instance that a property vendor was not liable to pay commission to an estate agent allegedly instructed as a sole agent because the terms of engagement did not comply with requirements imposed by the Estate Agents Act (1979). The Court of Appeal also held that the meaning of the term “sole agency” is not as straightforward as it might seem.

Ben Compton QC secures acquittal for defendant in health and safety trial

Ben Compton QC secures acquittal for defendant charged with breaching S.28 (i) of the Construction (Design and Management) Regulations 2007.

Professor Lawrence Sherman awarded the 2011 RSA Benjamin Franklin Medal

On 1st November at the Royal Society of Arts, professional associate Professor Lawrence Sherman will be presenting the case for a new civil society that can unify the police profession across all ranks. He will argue that the first nation to create such a professional body, independent of any governmental funding, can become a world leader in advancing public safety and human rights through democratic policing.

Chambers welcomes two new tenants

We are delighted to announce that Simon Oakes and Jonathan Moffat have become tenants following the successful completion of their pupillage.

European Commission in Brussels: Legal Seminar: Approaches to Equality and Non-discrimination Legislation inside and outside the EU

Naomi Cunningham was invited to join a distinguished panel of senior academics and practitioners from across Europe at the European Commission's seminar 'Approaches to Equality and Non-discrimination Legislation' on 4 October 2011.

Gerard McDermott QC shortlisted in the Personal Injuries Awards 2011

Gerard McDermott QC has been shortlisted for ‘Barrister of the Year’ in the Personal Injuries Awards 2011. He also received a nomination for ‘Case of the Year’ for Noble v Owens. Juniors on the case included Cara Guthrie and William Latimer-Sayer from Cloisters.

Legal 500 2011: 10 new listings for Outer Temple Chambers

Outer Temple Chambers has ten new listings in the Legal 500 2011 edition. The new ‘leaders in their field’ includes: Richard Lissack QC, who adds civil liberties and human rights to his six category listings from the 2010 edition; Benjimin Burgher in employment; James Aldridge, Jonathan Hand and Samantha Presland in personal injury; Harriet Jerram and Nathan Tavares in clinical negligence and healthcare and Oliver Assersohn in banking and finance.

Lissack and Horlick on Bribery

“The book is excellent for those wanting a solid grounding in the Bribery Act mixed with an understanding of where it came…” www.thebriberyact.com

Outer Temple Chambers receives 3 nominations in the 2011 Chambers Bar Awards

The Chambers’ Health and Safety team is shortlisted as Set of the Year. David Westcott QC is nominated as Silk of the Year in the category Personal Injury/Clinical Negligence and Charles Foster receives his second nomination as Junior of the Year for Professional Discipline.

Human Dignity in Bioethics and Law

Charles Foster’s new book, ‘Human Dignity in Bioethics and Law’, (Hart) has just been published. It has a Foreword from Lord Justice Munby, who describes it as a ‘profoundly important book’, and has already attracted praise from across the world. Some examples are below.

The Legal Aid Bill and CFAs

Gerard McDermott QC looks at what is happening with conditional fee agreements and when changes are likely to happen in his note: Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation.

GMC diamorphine overdose case concludes

James Leonard represented a Shropshire General Practitioner in proceedings before a Fitness to Practise Panel of the General Medical Council. The case received wide national press coverage.

Grievson v Grievson

Grievson v Grievson [2011] EWHC 1367 (Ch) is the last of a quartet of estoppel cases appealed from the Pensions Ombudsman to the Chancery Division within the last year.

Tim Nesbitt uses Akudo to defend solicitor at SDT

Tim Nesbitt has just concluded a case before the SDT in which his client, a partner in a firm of solicitors was acquitted of charges levelled by the SRA, and cleared of any dishonesty.

Court rectifies pensions scheme rules

Four members of Chambers appeared in Pioneer GB Ltd v Webb & ORs which is the latest example of the growing willingness of the Chancery Division to grant an application for rectification by way of summary judgment since the first such case Scania v Wagner in 2007 and Colorcon v Huckell.

Andrew Spink QC becomes new Chair of North American Committee

Andrew Spink has replaced Joe Smouha QC as the new Chair of the North American Committee of the Commercial Bar Association (COMBAR).

Naomi Cunningham and Daniel Barnett in Retirement ruling

The Employment Appeal Tribunal has held that retirement procedures must be performed by employers in good faith. Naomi Cunningham and Daniel Barnett appeared for the two parties.

Andrew Spink QC in successful freezing injunction

Andrew Spink QC appeared on behalf of the independent trustee, Dalriada Trustees Limited, in a successful freezing injunction application against pension scheme administrators.

Daniel Barnett joins top megablog

Daniel Barnett has been invited onto the UK’s newest blogging platform, providing some of the best political, media, social and sports commentary on the net

Jill Brown appointed Salaried Employment Judge

The Lord Chancellor has appointed Jill Brown as Salaried Employment Judge of the Employment Tribunals (England & Wales).

Daniel Barnett interviewed on PM programme

Daniel Barnett was interviewed on the BBC’s flagship PM programme on forthcoming workforce reorganisations at Shropshire Council.

Restivo “Hair in hand” murder trial results in conviction

Michael Bowes QC and Stephen Climie appeared for the prosecution in R v Restivo, which concluded at Winchester Crown Court on 29 June 2011. Restivo was convicted of the murder of Heather Barnett on 12 November 2002. The murderer had left a lock of hair belonging to another person in the victim’s right hand and a lock of her own hair cut after death under her left hand.

Lissack and Horlick on Bribery, the major new publication on the Bribery Act 2010, has just been published by LexisNexis.

This authorative work comprehensively covers the provisions of the Act, the new corporate offence, the adequate procedures defence, plea and sentence, the role of the SFO, problematical areas such as corporate hospitality and facilitation payments, as well as a thorough comparison with the US Foreign Corrupt Practice Act 1977.

Tribunal dismisses allegation of union-related victimisation

The Employment Tribunal has handed down its decision in Thomas v London Underground which proceedings were the background to the strike action recently announced by the RMT. After a four day hearing the Tribunal rejected the allegation that the dismissal had been related to Mr Thomas's trade union activities.

GMC fitness to practise case in June 2011. Anthony Haycroft defending doctor

Anthony Haycroft has had a notable success in the GMC in Manchester. He represented a hospital locum registrar who discharged home an emergency admission patient.

GMC notable case and result in June 2011 for Anthony Haycroft

Anthony Haycroft followed up a June 2011 success in the GMC Manchester with a case involving a General Practitioner who was working for an out of hours service. The doctor was accused of a dozen separate allegations involving dishonesty surrounding his working practices.

Charles Foster on guidelines for the terminally ill

In an article for The Telegraph Charles Foster comments on new guidelines inviting terminally ill patients to write down how they want to die.

Robert Rhodes QC was interviewed live by Sky News on “Sunrise” about the extradition of the Serbian General Mladic.

General Mladic is facing 15 charges in the Hague for his alleged involvement in the worst genocide in Europe since the Second World War, when some 8,000 Muslim Serbs were slaughtered in Sbrenica in July 1995.

Legal first in UK anti-corruption measures

Richard Lissack QC of Outer Temple Chambers has been appointed together with Kevin Abikoff of Hughes Hubbard & Reed LLP, Washington DC as corporate monitors for Innospec Inc.

Gordon Bebb QC and Jonathan Hand act for successful claimant in employer's liability trial

Gordon Bebb QC and Jonathan Hand acted for Sylvia Cheung who suffered a severe spinal cord injury when she slipped and fell as she was leaving the Chinese takeaway in Liverpool where she worked.

Outer Temple sponsors inaugural Bloomsbury Art Fair

Deputy Head of Chambers and Middle Temple Bencher, Michael Bowes QC, and Middle Temple Bar student, Eva Anderson have mobilised barristers and chambers staff to help organise an event in conjunction with the Helium Foundation, one of London’s premier contemporary art dealerships.

Robert Rhodes QC’s latest NLJ article: “In the Hot Seat”

Robert Rhodes QC has had published in the New Law Journal of 8th April (pp.505-506) an article on avoiding the risk of judicial review when chairing a disciplinary tribunal.

John McKendrick in Significant Court of Protection Win

John was recently instructed to act for an incapacitated man (A) in Court of Protection proceedings, instructed by the Official Solicitor. A sought to challenge deprivations on his liberty by appealing a standard authorisation granted by A local authority. The Official Solicitor acting on his behalf considered a report from a Court of Protection Visitor, pursuant to s. 49 of the Mental Capacity Act, would assist him to investigate the merits of the appeal.

Chichester BC v Fishers Farm Park Ltd

Following a 2 week trial at Chichester Crown Court, Ben Compton successfully defended Fishers Farm Ltd (a country theme park) against alleged breaches of the Health and Safety at Work Act 1974 and the PUWER regs. The case concerned an accident during a wagon ride when the wagon, towed by 2 shire horses, tipped over and an employee driving was very seriously injured after been trampled underneath by the horses.

Royal College of Physicians Committee on Ethical Issues appoints Charles Foster as legal advisor

Charles Foster has been appointed legal advisor to the Committee on Ethical Issues in Medicine of the Royal College of Physicians. He has been involved in many of the ethically significant cases of recent years, and in addition to his work at the Bar is a Tutor in Medical Law and Ethics at the University of Oxford and a Fellow of Green Templeton College, Oxford.

Robert Rhodes QC lectures on enforcing confiscation orders

Robert Rhodes QC lectured on enforcing confiscation orders at Central Law Training’s recent Proceeds of Crime and Confiscation Conference. Confiscation orders can be in many millions of pounds, and can be made for very varied offences, but there is no point in getting a confiscation order if it cannot be enforced.

Gordon Bebb QC successfully represented Dr Hundle in his General Dental Council Fitness to Practice hearing

Dr Hundle is a top practitioner in aesthetic dentistry with a high media profile including the TV programme “Ten Years Younger”. Dr Hundle admitted a sexual relationship with a patient but denied the many aggravating features alleged against him.

James Counsell wins damages in the High Court

An elderly lady who bought a cottage with uninterrupted views across Exmoor, but who then discovered plans for a major development of the local cattle market immediately to the rear of her house, has won her case for damages in the High Court against her solicitors for negligence.

James Counsell successful in GMC Fitness to Practise case

Dr Chandrika Ramu, a GP from Sittingbourne in Kent with 30 years of practice as a single handed practitioner, was cleared of all the allegations she faced by a Fitness to Practise Panel of the General Medical Council after a hearing lasting eight days commencing on 14th March 2011 in London.

John McKendrick to speak at Child Brain Injury Trust Conference

John is speaking at the Child Brain Injury Trust’s 2011 conference on exploring adolescent behaviour following childhood acquired brain injury. The conference, to be held at the Hilton Birmingham Metropole NEC on 23 March 2011, will showcase new research and findings from practitioners in this area.

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