News & Events

Personal Injury

ames Counsell QC and Olinga Tahzib published in APIL

James Counsell QC and Olinga Tahzib published in APIL’s PI Focus

James Counsell QC and Olinga Tahzib have recently contributed to an article, entitled ‘Picking up the Pieces’, in the June edition of APIL’s ‘PI Focus’. The article draws practitioners’ attention to ‘must read’ guidance provided by Johnson J in the case of TVZ and Ors v Manchester City Football Club Ltd [2022] EWHC 7 (QB).  In eight conjoined claims for psychiatric injuries caused by non-recent sexual abuse by Barry Bennell, the Court ruled that the Claimants would have been entitled to separate awards for pain, suffering and loss of amenity and for the abuse itself, had they been successful on liability and two of the Claimants would have been awarded substantial damages for loss of earnings as professional footballers.  Please…

Legal Blog & Publications, News, Personal Injury 16 Jun, 2022

James Counsell QC APIL Conference article

James Counsell QC to speak at APIL Abuse Conference 2022

James Counsell QC will be speaking at the APIL Abuse Conference 2022, which is being held in association with ACAL. The event will take place on 23th June 2022. Outer Temple’s James Counsell QC, is due to be speaking at this year’s 14th annual APIL Abuse Conference 2022, held in association with ACAL. The conference will be held at the Marriot Marble Arch Hotel in London on the 23rd of June. This will be a hybrid event; delegates and attendees will choose whether they would like to attend in person or virtually. Topics for this event include: Survivors of sexual abuse and the criminal justice systemClient welfare and the role of the ISVAVicarious liabilityThe latest on failure to remove claimsClaims…

Events, Personal Injury 31 May, 2022

Nathan Tavares QC speaks at APIL Advanced Brain and Spinal Cord Injury Conference 2022

Nathan Tavares QC was invited to speak at the APIL Advanced Brain and Spinal Cord Injury Conference in Wales in May on two recent notable cases with JPIL colleagues. Nathan Tavares QC, a member of the JPIL Editorial Board as well as a barrister at Outer Temple Chambers, was invited to join his JPIL colleagues on stage at the APIL Advanced Brain and Spinal Cord Injury Conference 2022 for the ‘JPIL Case and Comment’ segment on the final day of the conference. The conference was held at the Celtic Manor Resort in Newport, South Wales on 18th – 20th May and was also available to attend remotely. This annual event updated attendees on the most recent and advanced developments in…

Events, News, Personal Injury, Personal Injury 20 May, 2022

Chelsea FC settles racism claims

Success for James Counsell QC and Ben Bradley as Chelsea FC settle four claims for racist abuse

Four Claimants, all represented by James Counsell QC and Benjamin Bradley, have settled their claims for damages against Chelsea Football Club for undisclosed six figure sums in abuse proceedings. The Claimants settled their claims for damages against Chelsea Football Club for undisclosed six figure sums on 7th February at a pre-trial review hearing.  The claims, which were listed for a six week trial, involving 62 witnesses, in four weeks’ time alleged that two former employees, Graham Rix, the former England international footballer, and Gwyn Williams, whilst working for the club’s youth training programme in the 1990s, racially abused these four young black footballers when they were aged between 14 and 18. At a court hearing in May 2021, the High…

News, Personal Injury 8 Feb, 2022

Rix v Paramount Shopfitting Ltd

Rix v Paramount Shopfitting Co Ltd and the effect on dependency claims

Will Young looks at quantification of dependency claims under the Fatal Accidents Act after a mesothelioma case, Rix v Paramount Shopfitting Co Ltd, is heard in the Court of Appeal. The Deceased in this case, Mr Rix, was exposed to asbestos by the Defendant in the 1970s. He developed mesothelioma and died in 2016 aged 60. His widow brought a claim against the Defendant under the FAA for damages including a claim for loss of financial dependency. The background In the High Court, the Defendant had argued that there was no loss of dependency as the Claimant had inherited the business, which remained profitable after Mr Rix’s death (indeed it had become more so). Hence it was said that there…

Personal Injury, Personal Injury 13 Dec, 2021

Carin Hunt discusses the registration of cyclists with Lexis PSL

In a recent Lexis PSL News Analysis article, Carin Hunt considers how cycling and e-scooters may be regulated in the future and the potential impact for practitioners on personal injury law. Sabina Habib of Lexis Nexis interviewed Carin Hunt for a Personal Injury Analysis piece, published in July 2021. We summarise the their conversation below. Registration of cyclists The first idea considered by Carin in this interview was originally floated by motoring lawyer Nick Freeman. Freeman proposed the creation of a licensing system for cyclists and e-scooter riders. The suggestion is for cyclists to be compulsory registered, to wear numbered tabards, and be eligible for penalty points should they break the rules of the road. Carin cites expense, practical complexity, and the potential hidden…

Legal Blog & Publications, News, Personal Injury 30 Jul, 2021

James Counsell QC and Ben Bradley compel Chelsea FC to clarify its Defence in Racial Abuse Proceedings

In a recent High Court application before Stacey J, James Counsell QC (leading Ben Bradley) obtained a Court Order compelling Chelsea FC to clarify its Defence in abuse proceedings. Four Claimants aver that they were subjected to abhorrent racial abuse by two Chelsea FC team coaches, whilst playing for the club’s youth teams, and that such abuse is actionable as a matter of law. In the proceedings initially, Chelsea FC simply put the Claimants to proof that the abuse took place. They subsequently served evidence from the 2 football coaches involved, which (1) denied that much of the abuse took place; but (2) where abuse did take place, they averred that it was acceptable by the standards of the day. Neither of these…

News, Personal Injury 14 Jul, 2021

James Counsell QC and Ben Bradley secure first victory in Manchester City FC Child Abuse Litigation

James Counsell QC and Ben Bradley have successfully appeared on behalf of the Claimants in the high profile case of TVZ and Ors v Manchester City FC, which was widely reported, particularly on the back sports pages of the national press. James and Ben currently represent eight Claimants, all of whom were abused by Barry Bennell. It is alleged that Bennell ran a number of youth ‘feeder teams’, which were connected to Manchester City FC and set up to feed young players into its schoolboy teams, once they reached the age of 14. The Defendant instructed solicitors and Leading Counsel to conduct an Inquiry into Bennell’s connections with the club (“the Inquiry”) and had set up a compensation scheme (known…

News, Personal Injury 8 Jul, 2021

James Counsell QC to speak at APIL’s 2021 Abuse Conference

Outer Temple is pleased to announce that James Counsell QC will be speaking at the APIL Abuse Conference 2021 on 15th July. James will be speaking on the topic ‘Consent – the legal perspective’. The conference will take place on Thursday, 15th July. For the second year running, it will take place entirely virtually with delegates able to view the sessions, via Zoom, on APIL’s dedicated conference app. Recordings of the sessions will also be available to view, on-demand, for six months after the live event. James Counsell’s talk The conference will consider broadly a panoply of topics related to abuse. James‘ segment will be at 10.15am on the topic of ‘Consent – the legal perspective’. This will be one of eight talks, with the…

Events, News, Personal Injury 2 Jul, 2021

Lipton v BA City Flyer Ltd: “extraordinary circumstances” and a guide to applying retained EU law

Imogen Egan looks back at the recent Court of Appeal decision in Lipton & Anor v BA City Flyer Ltd, considering the interrelation of “extraordinary circumstances” and Regulation (EC) 261/2004. She also considers the approach to be adopted following Brexit. In this case, the Claimants were booked on a flight, operated by the Defendant airline, due to depart Milan to London City Airport at 17:05 (local time). However, the captain reported feeling unwell at 16:05 (local time), when he was off duty and not at his place of work. He was determined unfit to fly. Under Regulation (EC) 261/2004 (“the Regulation”), the Claimants sought compensation for a flight which was cancelled because the captain became ill, whilst off duty. The Defendants…

Legal Blog & Publications, News, Personal Injury, Travel 2 Jul, 2021

Historical Sexual Abuse Claims: Is Vicarious Liability “On The Move” Again?

James Counsell QC and Joshua Cainer have been published in the latest issue of the Journal of Personal Injury Law. James and Joshua consider the ever moving sphere of vicarious liability and the impact of the recent Supreme Court decision on historical sexual abuse cases. This article discusses the latest Supreme Court decisions on vicarious liability, Barclays Bank Plc v Various Claimants and WM Morrisons Supermarkets Plc v Various Claimants, and their likely effect on the substantive outcomes in personal injury claims arising out of historical and more recent sexual abuse. It considers this by reference to some recent High Court cases on historical sexual abuse which pre-date the Supreme Court’s decisions, as well as one High Court case which…

Legal Blog & Publications, News, Personal Injury 4 Mar, 2021

Historical sexual abuse claims – limitation risks in out of time claims (Part Two)

In this second blog on the particular challenges posed by limitation periods in historical sexual abuse claims, James Counsell QC and Joshua Cainer focus on the second key live issue under section 33(3)(b), namely the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the parties is or is likely to be less cogent than if the action had been brought in time. The first blog can be found here.  In the first of two recent blogs on the particular challenges posed by limitation periods in historical sexual abuse claims, James Counsell QC and Joshua Cainer considered how historical sexual abuse claims are often brought long after primary limitation has expired, in which…

Legal Blog & Publications, Personal Injury 20 Jan, 2021

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