News & Events
News & Events
On Thursday 8 November 2012, Mr Justice Briggs gave judgment in the case of Misys Ltd v Misys Retirement Benefit Trustees Ltd. The Principal Employer applied for rectification of certain provisions relating to the revaluation of pensions in payment that had been erroneously recorded in the Scheme following a merger in 1997. Given the weight of the evidence the Principal Employer applied for summary judgment that was eventually not opposed by the representative beneficiary (although unusually defences were filed). The Court considered the recent cases regarding the law of rectification in IBM Holdings [2012] EWHC 2766 (Ch) and Industrial Acoustics and Crowhurst [2012] EWHC 1614 (Ch) (in the latter of which both David and James appeared). Having considered the evidence…
News 12 Nov, 2012
Patrick Sadd and Cara Guthrie, part of Outer Temple’s Abuse Claims’ team, spoke at BLM’s offices in Southampton on 7 November on Abuse claims: perspectives and limitation: the core battle ground. The talks come at a particularly telling time with the re-opening of the North Wales Children’s home inquiry and the seismic exposure of the Savile abuse allegations. Patrick spoke about the history of abuse claims through the courts, the difficulties faced by abuse claimants, the basis of the legal remedies open to them and the Court’s approach to damages. Cara focused on limitation in abuse claims and the hurdles historical claims have to overcome in trying to persuade a court that a fair trial is still possible so long…
News 7 Nov, 2012
Anthony Haycroft has successfully defended a Glasgow based trainee GP in the Medical Tribunal Practitioners Service in October 2012. The doctor was accused by the General Medical Council of a series of sexual misconduct charges including rape of a girl who is now a doctor.
News 5 Nov, 2012
The jury at Harrow Crown Court returned unanimous “Not Guilty” verdicts on allegations of sexual assaults on female patients, following a trial lasting 9 days. The defendant, a north London GP, had been accused of inappropriately touching 3 female patients over a period of 4 years. He was acquitted of all charges.
News 5 Nov, 2012
Two of the prestigious Chambers UK Bar Awards were awarded to Outer Temple. “Set of the Year” was awarded to the Professional Discipline team. “Silk of the Year” went to Gerard McDermott QC, who was recognised for his work in Personal Injury and Clinical Negligence.
News 25 Oct, 2012
Andrew Short QC and Naomi Ling have successfully argued before the Supreme Court that employees are entitled to bring claims for equal pay in the civil courts. In Birmingham City Council v Abdulla 174 former Council employees, represented by Leigh Day & Co, issued claims for breach of contract in the High Court. They did so on the basis that the Council had paid them less than predominantly male groups of staff, in breach of the Equal Pay Act 1970. In a judgment handed down on 24th October the Supreme Court ruled that they were entitled to do so. The Council applied to strike out the Claimants’ claims for equal pay on the basis that it was more ‘convenient’ to…
News 23 Oct, 2012
Fiona Horlick represented a well known GP who was charged with sexually assaulting a patient over a 15 year period. The patient was in her late 60s by the time of trial and disabled. She gave evidence for 4 days at Cambridge Crown Court earlier this month.
News 14 Oct, 2012
Patrick Sadd, specialist in historical abuse cases, was invited to comment on the Jimmy Savile claims by the BBC.
News 8 Oct, 2012
Ben Compton QC appears at the inquest for the construction company in the latest electric gates fatality. Following a 4 day hearing the jury returned an accidental verdict. Further details can be found on the BBC.
News 4 Oct, 2012
Robert Dickason has successfully argued at the GDC for the revocation of an interim order on the basis of the authority in Calhaem v GMC. Although only at the interim stage, the evidence presented by the GDC could not be said to be a fair reflection of the registrant’s work. It followed that a finding of impairment based on deficient professional performance was unlikely and so the continuation of the interim order was unnecessary.
News 26 Sep, 2012
On 19 September 2012, Michael Patchett-Joyce appeared as co-Counsel before the Court of Justice of the European Union (CJEU) in Luxembourg at the oral hearing in Case C-285/11, BONIK EOOD. Michael acted alongside Bulgarian Counsel, Advocate Ognyan Minchev. As well as being an important case in its own right on the right of deduction of input VAT, the professional cooperation between Michael and Maître Minchev demonstrates Michael’s proven ability to act as a key part of an international legal team. This was Michael’s fourth appearance before the European Court. His appearances have extended beyond VAT cases (Bond House Systems Limited, Halifax plc, BONIK EOOD) to include judicial review of EU legislation (Alliance for Natural Health). Michael and Maître Minchev came…
News 24 Sep, 2012
Gerard McDermott QC gave a presentation at the Pan-European Organisation of Personal Injury Lawyer’s conference which was held in Berlin on Saturday 15th September 2012. Participating in this conference reflects Gerard’s increasing Travel Law practice, particularly in personal injury abroad cases. The topic of Gerard’s presentation was “Medical Experts, their Role, Responsibilities and the Procedure Governing them”. The presentation including discussion of the role of expert witnesses across many jurisdictions was warmly received and provided a comprehensive overview of the laws governing expert witnesses across the world to a multi-national audience.
News 23 Sep, 2012