News & Events
News & Events
Sean Yates is now a member of The Mediation Hub, a dynamic network dedicated to the advancement of mediation in the UAE. Founded by experts in law and mediation, The Mediation Hub is a DIFC based Non-Profit Incorporated Organization, which stands as an impartial force, striving to bridge gaps, facilitate dialogue, and cultivate a culture of mediation in the MENA region and beyond. This platform facilitates networking among mediation professionals, knowledge sharing, circulating updates and developments in the mediation field, lead mobilization and raise awareness about mediation within the legal and business communities. Sean Yates, a member of the Mediation Hub, is a CEDR-accredited mediator and a Fellow of the Chartered Institute of Arbitrators. As well as sitting as a…
News 30 Jan, 2024
Lucian ILIE acted for the Appellant before the English High Court in an enforcement case that clarifies the scope of the “old” Brussels I 2001 Regulation. In short, the High Court in London (Mr Justice Ritchie KC sitting in appeal proceedings) issued a rare judgment on the scope of the EU enforcement regime and its interaction with the French procedural law by denying the recognition and enforcement of a Paris Court of Appeal decision issued in default of appearance a decade ago. This case rendered on 29 August 2023 (not yet reported) involved an appeal (setting aside proceedings) before the King’s Bench Division of the High Court against the enforcement order which recognised ex-parte, a Paris Court of Appeal…
News 24 Jan, 2024
Clinical negligence expert, Jonathan Hand KC secured a liability settlement and future wellbeing for FXZ, a 14 year old boy with brain injury following maternity delays. FXZ, the 14 year old claimant, has agreed a liability settlement with Sherwood Forest Hospitals NHS Foundation Trust after he suffered a severe brain injury following delays in his delivery. On 15th January 2024, a High Court Judge approved the settlement of 90% of the full value of the claim at a hearing at the Royal Courts of Justice in London, meaning that FXZ will now receive compensation from the NHS Trust to provide the life-long, round the clock care he requires. FXZ was born prematurely at 30 weeks. In early labour there were declarations in…
News 23 Jan, 2024
Richard Hitchcock KC and Lydia Seymour acted for the successful Claimant in Avon Cosmetics Ltd v Dalriada Trustees & Ors, an important Chancery Division authority on the consequences of powers in pension scheme trust deeds being exercised partly outside their scope. The case concerned an amendment to remove members’ entitlement to a final salary link to their accrued benefits, where the amendment power contained a Re Courage – type restriction, but where ultimately some members had done better and some worse by reason of the amendment. The Court concluded that the members who had benefitted by the amendment would retain their more valuable benefits even if the amendment was invalid in relation to those who had lost out. The Judgment,…
News 19 Jan, 2024
Joshua Hitchens appeared as sole counsel for the Claimant, the first mono-British national to be sanctioned under the UK’s post 2018 autonomous sanctions framework. Judgment was handed down on 12 January 2024 in the third s.38 Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) delisting challenge brought under the Russian Sanctions Regulations. Mr Justice Johnson held: (a.) SAMLA does empower the Secretary of State to interfere with the right to freedom of speech/expression; (b.) The Regulations are lawful and have the effect the Secretary of State contended they have; and (c.) The interferences with Mr Phillips Convention rights were lawful and proportionate. The Claimant is expected to seek permission to appeal. Background to this case Josh was instructed in this…
News 15 Jan, 2024
Clinical negligence barrister, Tom Gibson, comments on the dramatic end to the secondary victim claims saga. The Supreme Court has now handed down judgment on three conjoined appeals on the ‘secondary victim’ criteria for psychiatric injury claims in a clinical negligence setting; Paul v Wolverhampton, Polmear v Cornwall and Purchase v Dr Ahmed. The judgment [2024] UKSC 1 brings the secondary victim claims saga to a dramatic end. The Supreme Court dismissed the Claimants’ three appeals by a 6-1 majority. The judgments (running to 256 paragraphs over 76 pages) are complicated. However, as a very brief summary: There is a crucial difference between ‘accident’ cases and ‘medical crisis’ cases: The three previous key House of Lords authorities – McLoughlin v Brian, Alcock v…
News 12 Jan, 2024
Rachel Meade was sanctioned by Social Work England and suspended by Westminster City Council in 2021 for private social media posts that included gender-critical beliefs. Employment barrister, Naomi Cunningham, successfully represented Rachel in an Employment Tribunal. Social worker Rachel Meade has successfully sued her employer, Westminster City Council (WCC), and professional regulatory body, Social Work England (SWE), in an employment tribunal for discrimination on the basis of her protected beliefs under the Equality Act 2010. Between 2018 and 2020, Meade had shared posts about upholding women’s rights from various organisations, during the then reform consultation for the Gender Recognition Act 2004, with many of her posts being links to national newspaper stories and articles by advocacy groups such as Fair…
News 9 Jan, 2024
Ian Denham successfully acted for the Appellant in this Court of Appeal case that brings clarity to the requirement to apply to increase the statement of value. This was the Appellant’s second appeal against an order that denied him permission to increase the value of his claim for damages for personal injury. The judgment also provides clarity as to the scope of CPR rule 16.3(7). Ian acted for Mr Fleming, who had previously been acting in person, on a pro bono basis through Advocate. Advocate is the Bar’s national pro bono charity that provides free legal help for those who are unable to obtain legal aid and cannot afford to pay. The Appeal The issue at the heart of this case…
News 9 Jan, 2024
Alex Haines and Victoria Brown appeared in a final hearing before the OAS (Organisation of American States) Administrative Tribunal following their earlier preliminary success in respect of an access to justice issue. Judgment No. 171 in Garry LaGuerre v. Secretary General of the Organization of American States was delivered on 15 December 2023 and can be found here. The Complainant’s journey to final hearing In 2022, Mr LaGuerre succeeded in two interim motions, discussed here. Those motions – brought by the Respondent – claimed that the case had no merit and accordingly the Complainant should be required to pay a bond. The Tribunal’s decision was an important bolster of access to justice. The final hearing Following a budgetary reduction in…
News 8 Jan, 2024
Louis Weston and Samuel Cuthbert will be speaking at the Ankura Sports Governance, Compliance and Investigations Conference on Thursday, 25th January at the Olympic Museum in Lausanne. Louis Weston and Samuel Cuthbert will be speaking along other experts at the second annual Sports Governance, Compliance and Investigations Conference on Thursday, 25th January 2024 at the Olympic Museum in Lausanne, Switzerland. The Conference will involve discussions on a number of topics including: Compliance in Sports Financial Regulations in Sport Next Steps on Sports Integrity Having Created Your Enterprise Risk Register, What Next? Managing Safeguarding Risk Multi-Sport Ownership and the Investment Landscape Louis Weston of Outer Temple Chambers will be speaking alongside Jason Van’t Hof of US Integrity, Affy Sheikh of Starlizard…
News 5 Jan, 2024
Jeremy Scott-Joynt analyses the powers of CPR 71 proceedings and its importance in his recent Court of Appeal case, Westrop v Harrath. Civil courts can do lots of things. They decide whether a deal is really a deal. They tell people which parent they get to live with. They decide if someone’s been discriminated against, or wrongly kicked out of their job. Or if a public body has done its job right. Mostly, though, they decide who owes whom – and how much. And when a court has decided someone owes you, you’re going to want them to pay up. No surprise, then, that a sizeable chunk of the Civil Procedure Rules deals with how – if you’re a judgment…
News 3 Jan, 2024
Stuart Haynes, CFO at Outer Temple Chambers featured in an interview titled ‘Setting My Own Pace’ in AT Magazine’s September/October edition. Stuart Haynes spoke in an interview about his professional life as a CFO at Outer Temple Chambers by day and his passions as a rock drummer by night. Stuart explains how his practice session with his band that also includes a psychologist, primary school teacher, golf instructor, and a tattoo artist helps them reset mentally despite being from different professional backgrounds. “Drumming is one of those activities where the easier it looks, the harder it is. It’s a completely different challenge to work, using separate parts of the brain, allowing you to escape from everything else. Being motivated and…
External Publications 19 Dec, 2023