News & Events
News & Events
The inquest into the tragic death of Archie Battersbee started on Tuesday 7th February 2023, with Carin Hunt representing Barts Health NHS Trust and Mid & South Essex NHS Trust; the Trusts that operate the hospitals where Archie was treated. Archie Battersbee was found unconscious at home on 7 April 2022 by his mother. Following treatment at the scene by paramedics he was conveyed to hospital. Sadly, Archie’s doctors suspected brain stem death and applied to court for a declaration that it would be lawful for them to undertake brain stem testing, as Archie’s parents did not want the testing to take place. A lengthy legal dispute in respect of Archie’s treatment ensued. Pursuant to an order of the court,…
News 9 Feb, 2023
The Women and Equalities Select Committee invited Naomi Cunningham to a formal meeting on the Gender Recognition Reform (Scotland) Bill and Equality Act Naomi Cunningham appeared last week before the Women and Equalities Select Committee to discuss the interaction between the Equality Act 2010 and the Gender Recognition Act 2004. She appeared before MPs beside Lord Falconer of Thoroton KC, Robin White (Barrister, Old Square Chambers) and Dr Michael Foran (Senior Fellow and Lecturer in Public Law at Glasgow University) to explore the repercussions of the Scottish Government’s Gender Recognition Reform Bill. Cross-party MPs were told that the SNP’s Gender Recognition Reform (Scotland) Bill (GRR) will change the legal definition of sex for both men and women, to the extent that…
News 9 Feb, 2023
![Case Analysis PJSC National Bank Trust & anor v Mints & ors [2023]](https://www.outertemple.com/wp-content/uploads/2023/02/Case-Analysis-PJSC-National-Bank-Trust-anor-v-Mints-ors-2023-550x370.png)
Joshua Hitchens, along with Annabel Thomas, Gavin Costelloe and Bethany Histed (of Greenberg Traurig LLP) consider one of the first major judgments on the effects of the Russian sanctions regime on commercial litigation involving parties subject to asset freezes following Russia’s invasion of Ukraine. On 27 January 2023, Mrs Justice Cockerill handed down judgment in PJSC National Bank Trust & anor v Mints & ors [2023] EWHC 118 (Comm) in which she considered the effect of the Russian sanctions regime on commercial litigation involving parties who are designated persons. Under the Russia (Sanctions) (EU Exit) Regulations 2019 (the “Regulations”), all assets of a designated person are frozen, meaning no person may deal in them, and no person may make available any…
News 9 Feb, 2023
Elaine Palser has written an article titled Proprietary Estoppel and the Position of the Stranger in Trusts & Trustees Vol. 29, No. 3, 2023, pp. 1–11 (OUP). The article examines the position of a stranger in two principal scenarios, and the implications for strangers of the possible outcomes to these scenarios. First, if A makes a promise to B that C will receive A’s property if B advances monies to A, can the promise be enforced to benefit C who is a stranger to the promise? Secondly, if A makes a promise to B that B will receive A’s 50% share in a property if B advances monies to A, but A then enters into a declaration of trust with…
External Publications 2 Feb, 2023
Philip Punwar has written a chapter on Advocacy in leading publication ‘The MENA Leading Arbitrators’ Guide to International Arbitration’. The MENA Leading Arbitrators’ Guide to International Arbitration aims to provide a unique insight into how leading arbitrators of the Middle East and North Africa approach a number of core procedural and substantive law issues in arbitrations seated in the MENA region. The publication is described as being written by a “Who’s Who” of leading arbitrators in MENA. Philip Punwar was invited to author Chapter 15; Advocacy. About the publication Apart from taking the reader through the main procedural milestones of a MENA-seated arbitration, it also deals with some of the key subjects of arbitration in the region, such as the question of…
External Publications 30 Jan, 2023
Join Outer Temple Chambers and a fantastic line-up of expert guests for The Equine Seminar, on Wednesday 1st March at The Law Society. You are invited to join Outer Temple Chambers’ team of equine injury experts and esteemed guests for our upcoming Equine Seminar on Wednesday 1st March 2023. Topics to be covered include a Legal Update, discussion of the recent judgment in Schoultz v Ball [2022] EWHC 2452 (KB), and a panel discussion on issues in equine sport including the recent Freddy Tylicki case. We are also delighted to welcome guest speakers, and experts in their field, Anne-Marie Taylor, Charlie Lane, Clare Garnett, Richard Brooks and professional jockey, Saffie Osborne. Agenda 1.30 to 2.00 Registration (tea and coffee on…
Events 25 Jan, 2023
Samuel Cuthbert recently acted for Motorsport UK in a multi-day inquest at Norfolk Coroners Court into the death of Angela Lucas. Angela Lucas was fatally injured, and died of severe head injuries during an endurance race at Snetterton Race Circuit. The jury found that the buckle of Mrs Lucas’ harness was not correctly located and if the buckle had been correctly located in line with the FIA regulations, it would not have been possible for the turnbuckle to be activated. The Coroner did not issue a Prevention of Future Deaths report. Motorsport UK said “This tragic accident is a stark reminder of the need to ensure that motorsport regulations are complied with and that safety equipment – in particular harnesses…
News 24 Jan, 2023
Former horseracing jockey Danny Brock faces a lengthy ban after the British Horseracing Authority instructed sports law specialist Louis Weston in this complicated race fixing case. The case The British Horseracing Authority’s independent disciplinary panel decided the fate of former jockey Danny Brock on Tuesday 17 January, issuing a ban after deciding he had deliberately stopped horses in three races. Louis Weston, aided by Tomás Nolan, a senior regulatory lawyer at BHA, argued that Brock was responsible for ‘fixing’ three races in 2018 and 2019 along with five other individuals including Sean McBride. There were a series of large bets staked and Louis relied on detailed analysis of videos and betting patterns after a widespread refusal by the respondents to…
News 19 Jan, 2023
Jeddah: Alex Haines and Victoria Brown have been successful in the first ever substantive in-person hearing before the newly established Islamic Development Bank Group Administrative Tribunal. The Islamic Development Bank Group (IsDBG) – an International Financial Institution founded in 1973 and based in Jeddah, Kingdom of Saudi Arabia – established an International Administrative Tribunal (similar in nature to the Administrative Tribunals of the World Bank and IMF) that started operating in 2022 to hear disputes between the IsDBG and its staff members. Alex and Victoria acted for the successful Applicant in the first ever substantive hearing before the Tribunal, held in person in December 2022. Their win follows a remote interim hearing in another matter earlier in 2022, in which Alex and Courtney…
News 18 Jan, 2023
Helen Pugh will be chairing the upcoming Tech Disputes Network panel discussion event on 17th January 2023; “Open Source Software Developers: Good Samaritans or Baiters of Guinea Pigs?” The Tech Disputes Network (TDN) is an inclusive forum for professionals from the technology and legal industries interested in avoiding, managing and winning tech disputes. They offer members the opportunity to hear from leading domain experts and develop professional connections in a relaxed manner. The network is run by Sam Roberts of Cooke Young & Keidan and Helen Pugh of Outer Temple Chambers is a committee member. Outer Temple has a long history of supporting the network, including contributing to podcasts and speaking at events. We will be hosting their latest event,…
Events 16 Jan, 2023
Ian Denham has been instructed to represent the families of two women who died following an outbreak of the Mycobacterium Abscessus pathogen at the Royal Papworth Hospital. Ian Denham has been instructed by Jatinder Paul, Senior Associate Solicitor in the International Serious Injury team at Irwin Mitchell, and his colleague Jennifer Hodgson to represent the families of two women who died in an inquest following an outbreak of the Mycobacterium Abscessus pathogen at the Royal Papworth Hospital in Cambridge. The background Karen Starling, aged 54, and Anne Martinez, aged 65, both tested positive for Mycobacterium Abscessus (MA) after successfully undergoing double lung transplants at the Royal Papworth Hospital. A NHS serious incident report found that 21 patients with lung conditions were infected with…
News 6 Jan, 2023
Outer Temple’s Joshua Hitchens’ book, Forced Marriage Law and Practice, has come Runner-Up for New Author’s prize in the Inner Temple Book Prize 2022. Josh Hitchens, jointly with Niamh Daly of 1GC Chambers, recently published Forced Marriage Law and Practice and we would like to congratulate them both for coming Runner-Up in the New Author category of the Inner Temple Book Prize 2022. The Inner Temple Book Prizes are described as “one of the highest honours that legal authorship can aspire to”. The Prizes are intended to recognise and to encourage the writing of books which make an outstanding contribution to the understanding of law as administered in England and Wales. The long term aim of the Prize is to…
External Publications 5 Jan, 2023
