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Andrew Short QC and Peter Linstead win status appeal involving apps for London taxis

Representing the Respondent operators of the Mytaxi app (now called Free Now), Andrew Short QC and Peter Linstead have successfully opposed the Claimant’s appeal to the EAT of a decision that a London Hackney carriage driver using the taxi app was not a ‘worker’ when using the app to source and transport passengers. Introduction In a decision handed down on 18 January 2022 in Christopher Johnson v Transopco UK Ltd [2022] EAT 6, the EAT upheld the decision of the employment tribunal, where Peter Linstead appeared unled for Transopco, that although the driver had an obligation of personal service, the operator was a ‘client or customer’ of the driver’s business for the purposes of s.230(3) of the Employment Rights Act…

News, Employment 24 Jan, 2022

Secondary Victim Claims: Tom Gibson comments on Paul v Wolverhampton

The Court of Appeal has now handed down judgment in Paul v Wolverhampton, Polmear v Cornwall and Purchase v Dr Ahmed – three conjoined appeals on the ‘secondary victim’ criteria for psychiatric injury claims in a clinical negligence setting.  Tom Gibson takes a closer look at the implications. While medical negligence practitioners everywhere may have been hoping for clarity in the law, it looks as though the secondary victim claims saga will continue to run.  Though the Court of Appeal decided the appeals, perhaps reluctantly, in favour of the defendants, the Court also encouraged the claimants to appeal to the Supreme Court. All three cases featured claimants who suffered psychiatric injuries resulting from family members’ tragic, sudden deaths following medical…

Clinical Negligence, News 18 Jan, 2022

Naomi Cunningham - Hot 100

Naomi Cunningham named in The Lawyer’s Hot 100 list

We are delighted to announce that Naomi Cunningham has been named by The Lawyer as a ‘Hot 100 Lawyer’ for 2022. Every year, The Lawyer compiles a list of lawyers that they feel have made an impact on the legal world and have excelled in their field.   Their ‘Hot 100’ rates on excellence and relevance. It covers “an incredibly diverse mix of legal professionals; scrappers from the rough and tumble of criminal law; sophisticated corporate dealmakers; intellectuals and silver-tongued advocates from barristers’ profession; the in-house counsel with the ear of their CEOs; associates rising to greatness; and even the occasional professional with no legal qualifications at all who is nevertheless showing the industry how to better itself. But whatever…

News, Employment 17 Jan, 2022

Invitation to the next DIFC Laws Certificate Open Day on 18th January, with James Counsell QC

We are pleased to invite you to a virtual open day for the 4th edition of the ‘DIFC Laws Certificate’ programme where James Counsell QC will talk about Advocacy Skills. The DIFC Academy of Law offer the Laws Certificate programme which aims to provide education and training in Common Law and DIFC laws and procedures to Emirati advocates, civil law trained lawyers and other professionals whose work involves exposure to common law systems and jurisdictions. This is produced in association with Middlesex University Dubai and Outer Temple Chambers.  DIFC Laws Certificate modules The course consists of several sections that can be taken together as a whole or as individual components: Unit 1- English Common Law by Middlesex University Dubai- Faculty of Law…

News 17 Jan, 2022

Alex Line successful in Upper Tribunal appeal about EHC Plans

Alex Line was recently successful in an important Upper Tribunal appeal, JL (by EA as appointed person) v Somerset County Council. This appeal concerned the duration of an Education Health Care Plan and the reasons for the decision have now been published. The Background In JL (by EA as appointed person) v Somerset County Council [2021] UKUT 324 (AAC), Alex successfully represented the appellant. On 25 August 2021, Upper Tribunal Judge Ward gave a decision allowing the appeal and set aside the decision of the First-tier Tribunal. This case is of importance because it contains consideration of the meaning of the term ‘academic year’ and establishes that, in certain situations, an Education Health Care Plan can extend to the day…

News, Education 13 Jan, 2022

horseracing image

Louis Weston considers the recent high-profile case of Tylicki v Gibbons

Professional horseracing jockey Freddie Tylicki brought a Personal Injury Action for liability only against his fellow jockey, Graham Gibbons after a collision at Kempton in 2016 caused severe and life changing injuries. Louis Weston explains why this case is of interest to the sport. The Background The core issue of the legal dispute concerned the standard of care to be taken by a jockey racing in a competitive environment and, specifically, whether on this occasion the Defendant’s riding fell below that standard of care. The parties agreed that the standard was set in the case of Caldwell v Maguire [2001] EWCA Civ 1054 and that in particular it should be recognised that liability for sporting errors could not be established…

News, Sports 12 Jan, 2022

Henry Reid

Henry Reid joins Outer Temple’s commercial team

Outer Temple Chambers is delighted to welcome Henry Reid to our commercial law team.  Henry Reid’s practice covers a wide array of commercial, chancery and financial services matters with an emphasis on commercial litigation, contentious and non-contentious financial services, regulatory investigations and banking law. A former pupil of Outer Temple, Henry returns to us after building a career in both legal services and financial services. He recently spent five years at Signature Litigation LLP, a specialist law firm handling major and complex litigation, arbitration and regulatory investigations. During his time there, Henry worked on a number of significant matters, most notably on disputes in the Commercial Court concerning civil fraud, banking and finance and professional negligence as well as advising…

Commercial, News, Financial Services 11 Jan, 2022

Court approves settlement of over £22 million in birth injury claim

Jonathan Hand QC, instructed by CL Medilaw, represented the Claimant who suffered severe brain damage at the time of her birth. In this case, liability had already been settled on the basis that the Claimant would receive 90% of the full value of the claim, leaving the amount of compensation to be decided by the Court. Following further consideration of the claim, the High Court approved a settlement with a capital value of over £22 million (equivalent to over £24.5 million on a full liability basis). The settlement was structured so as to allow the Claimant to receive periodical payments for care and case management for her lifetime. In addition, annual payments of £265,000 were ordered up to age 25,…

News 7 Jan, 2022

Louis Weston successful in BHA disciplinary case against Robbie Dunne. Reasons now published.

Louis Weston acted for the British Horseracing Authority in the disciplinary case against Robbie Dunne which resulted in an 18 month ban for bullying and harassment of Bryony Frost. The full reasons for the decision have now been published alongside a statement from the major stakeholders in the sport. Louis Weston represented the British Horseracing Authority at a disciplinary panel which decided today that jockey Robbie Dunne should receive an 18 month ban for acting in a violent or improper manner towards Britain’s most successful female rider, Bryony Frost, and acting in a way prejudicial to the sport. The disciplinary panel heard from Louis Weston that Robbie threatened to cause fellow rider Bryony serious physical harm and that he used…

News, Sports 6 Jan, 2022

University Hospitals Coventry & Warwickshire NHS Trust

Jonathan Hand QC appears in Miller v University Hospitals Coventry & Warwickshire NHS Trust 

Jonathan Hand QC successfully represented the Claimant in this clinical negligence claim, in which judgment was given on 9 November 2021. The following is a summary of the judge’s decision in the case.  The claim was brought on behalf of Mrs Miller’s estate together with a claim by her husband and her half-brother, as dependents under the Fatal Accidents Act 1976 after Mrs Miller was involved in a serious road traffic accident in 2016. The background In the accident, Mrs Miller suffered multiple orthopaedic injuries, including multiple fractures. Following arrival at the hospital by air ambulance, Mrs Miller underwent surgery for the fractures and was admitted to the ICU. Several weeks later, by which time Mrs Miller’s condition appeared to…

Clinical Negligence, News 22 Dec, 2021

Alex Haines and Victoria Brown successful in two cases at the World Bank Administrative Tribunal

Alex Haines and Victoria Brown successfully represented the applicants in two recent WBAT cases. The World Bank Administrative Tribunal (“WBAT”) delivered last week its 8th November 2021 judgments in Cases Nos. 659 (GH v International Finance Corporation) and 660 (GI v International Finance Corporation).  Alex Haines and Victoria Brown represented two Heads of Funds at the International Finance Corporation (“IFC”), one of the five World Bank Group Agencies together with the International Bank for Reconstruction and Development (“IBRD”), International Development Association (“IDA”), International Centre for Settlement of Investment Disputes (“ICSID”) and Multilateral Investment Guarantee Agency (“MIGA”). The decision The WBAT ordered the IFC to pay compensation to the Applicants in the amount of six months’ salary net of taxes for the…

News, International 16 Dec, 2021

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

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