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Hormone Pregnancy Test group litigation – successful strike-out of claims against pharmaceutical manufacturers and the UK Government

Hormone Pregnancy Test group litigation – successful strike-out of claims against pharmaceutical manufacturers and the UK Government

Robert Dickason of Outer Temple Chambers and Leigh-Ann Mulcahy KC of Fountain Court Chambers acted for the Secretary of State for Health and Social Care in litigation arising from the use of hormonal pregnancy test (HPT) tablets taken to diagnose pregnancy in the 1950s-1970s. In this group litigation, over 200 claims were issued against the pharmaceutical manufacturers of two HPTs (Primodos and Amenorone Forte), as well as against the Government on the basis that it was responsible for safe regulation of HPTs in the 1950s-1970s. The claimants maintained that HPTs taken during pregnancy had caused them to suffer congenital malformations, miscarriage and/or stillbirth. Previous litigation brought in the 1970s-80s had also sought to prove that HPTs caused congenital malformations, but…

News 2 Jun, 2023

Robert Dickason, Masih v The Royal Wolverhampton NHS Trust

Masih v The Royal Wolverhampton NHS Trust – Clinical negligence appeal dismissed on all grounds

Robert Dickason appeared for the defendant trust in Masih v The Royal Wolverhampton NHS Trust [2023] EWHC 1280 (KB) in a clinical negligence High Court appeal which was dismissed on all grounds. Robert appeared for the defendant NHS Trust in this clinical negligence appeal in the High Court arising from the death of a 33 year old man who was being treated for severe acute pancreatitis when, in the course of his hospital admission, he suffered an unexpected and fatal cardiac arrhythmia. Breach of duty was admitted but the claim was successfully defended after an 8-day trial on causation involving expert intensive care and cardiology evidence. The claimants appealed, challenging the trial judge’s application of Bolitho and his assessment of the expert evidence and literature. On 26 May 2023, Mr Justice…

News 31 May, 2023

Alex Line acts in Robert Sharp, R (on the application of) v The Office of the Schools Adjudicator.

Alex Line in the High Court. What is the OSA’s function when determining complaints about school admissions arrangements?

The High Court has recently handed down judgment in an important case relating to school admissions arrangements, and the Office of the School Adjudicator’s (‘OSA’) functions when considering complaints about them.  Alex Line acted for London Borough of Bromley. Alex Line acted for the second Interested Party, London Borough of Bromley, in a judicial review that was brought against the OSA by Mr Sharpe. Another interested party, the Impact Multi Academy Trust (which was the admissions authority in relation to the schools considered in the case) was also involved. The Secretary of State for Education intervened. The decision can be viewed here: Robert Sharp, R (on the application of) v The Office of the Schools Adjudicator. The case, had it…

News 26 May, 2023

Credit Suisse, AT1 bonds and taking the BIT between the teeth

Credit Suisse, AT1 bonds and taking the BIT between the teeth

Justina Stewart, Lucian Ilie and Anson Cheung, with Hanif Virji of Vivadum, consider potential investment treaty claims in an article in May’s edition of Butterworths’ Journal of International Banking & Financial Law. Given the huge losses suffered by Additional Tier 1 bondholders, it is unsurprising that lawyers are exploring various potential avenues for investors to obtain redress. Justina, Lucian and Anson have co-written an article with Hanif Virji from Vivadum, looking at potential investment treaty claims. Key Points On 19 March, the Swiss Financial Market Supervisory Authority (FINMA) announced the approval of the takeover of Credit Suisse (CS) by UBS and the complete write-down of all CS’s Additional Tier 1 bonds (AT1s) in the sum of CHF16bn. The financial markets,…

News 22 May, 2023

Expansion of Outer Temple Chambers’ Middle East Team

Expansion of Outer Temple Chambers’ Middle East Team

Outer Temple Chambers is delighted to announce the expansion of the Middle East team. Three impressive international lawyers join us in Dubai, broadening our client specialist services in commercial law, private wealth and Islamic law. Oliver Agha brings extensive experience in Islamic Law and Walid Chiniara in ultra-high net worth (UNHW) Middle Eastern families governance. Shabana Saleem specialises in private wealth. They will work alongside our existing Dubai based members David Russell KC, Philip Punwar and Sean Yates in the International Team, covering international arbitration and commercial matters. Oliver, Walid and Shabana enhance the strong team of Outer Temple barristers already successfully working in the DIFC and Middle East markets and the wider team of international commercial specialists working from London…

News 16 May, 2023

Robert Rhodes and Anthony Lo Surdo reappointed as a CAS member

We are thrilled to announce that Outer Temple’s Robert Rhodes KC and Anthony Lo Surdo SC FCIArb have been reappointed as mediators of the Court of Arbitration for Sport. Anthony has also been reappointed as a CAS arbitrator. Robert and Anthony have been reappointed by the International Council of Arbitration for Sport (ICAS) to this position in Lausanne, Switzerland for a period of four years and have been chosen for their specialist knowledge of arbitration and sports law. Robert Rhodes KC acts as counsel, arbitrator and mediator, specialising in commercial and civil law. He is a member of many well-known panels in the legal sector including the Chartered Institute of Arbitrators’ Pandemic Business Dispute Resolution Service, as well as its Business Arbitration…

News 11 May, 2023

Andrew Short KC shortlisted for ‘Barrister of the Year’ at The Lawyer Awards 2023

We are delighted to announce that Andrew Short KC has been shortlisted for ‘Barrister of the Year’ at The Lawyer Awards 2023. The Lawyer Awards have been the ultimate stage for legal mastery in the UK, honouring top-notch lawyers and powerhouse firms across diverse areas.​ Andrew Short KC’s practice centres on pensions, employment, and general commercial work. He has acted in many of the leading employment cases relating to discrimination in pay and pensions, including Abdulla v Birmingham City Council, Brierley v Asda, McCloud v Lord Chancellor, and Sargeant v LFEPA. His recent notable pensions cases have included the landmark case of Lloyds Banking Group Pension Trustees Ltd v Lloyds Bank [2030] EWHC 3135 (Ch), Britvic PLC v Britvic Pensions Ltd & Mohun [2021] EWCA Civ 867  and…

News 5 May, 2023

Elaine Palser acts for successful claimants in joint venture dispute

Elaine Palser acts for successful claimants in joint venture dispute

Elaine Palser, instructed by Harold Benjamin, acted for the successful claimants in Connoisseur Developments Ltd and others v Koumis [2023] EWHC 855 (Ch). The claim was for breach of a joint venture agreement. Facts The claimants (a property development company and its directors) brought a claim against the executor of the estate of one of their fellow joint venturers for breach of a joint venture agreement to build flats.  The executor counterclaimed for the return of the freehold property upon which the flats had been built. The dispute dated back many years and was complicated by the death of two of the joint venturers.  A professional administrator had to be appointed to complete the joint venture pending resolution of various…

News 4 May, 2023

Louis Weston acts for Gymnastics Ethics Foundation in prosecution of Russian Rhythmic Head Coach

Louis Weston acts for Gymnastics Ethics Foundation in prosecution of Russian Rhythmic Head Coach

Head Coach of the Russian Rhythmic Team, Irina Viner, faces a lengthy ban after a decision in disciplinary proceedings by Gymnastics Ethics Foundation (GEF). Louis Weston acted on behalf of GEF. The GEF Disciplinary Commission Panel sanctioned the head coach of Russian rhythmic gymnastics, Ms Viner with a two year suspension and issued her Russian Member Federation, Artistic Gymnastics Federation of Russia, with a warning. The case Louis Weston, who heads up the Outer Temple Sports Law team acted for the Gymnastics Ethics Foundation in the prosecution of the Russian Rhythmic Gymnastics Head Coach and Member Federation. The proceedings related to the alleged retaliatory withdrawal of Ms Nataliya Kuzmina’s candidacy for the 2021 elections to the Fédération Internationale de Gymnastique…

News 24 Apr, 2023

Alex Haines and Joshua Hitchens in Jeddah

Alex Haines and Joshua Hitchens instructed in action against the Islamic Corporation for the Insurance of Export Credit in Saudi Arabia

Alex Haines and Joshua Hitchens have been instructed for the Applicant against the Islamic Corporation for the Insurance of Export Credit before the Islamic Development Bank Group Administrative Tribunal. The newly established Islamic Development Bank Group Administrative Tribunal (IsDBGAT or Tribunal) is based in Jeddah, Saudi Arabia, and hears cases brought by international civil servants who work at the Islamic Development Bank Group (IsDBG). The IsDBG is comprised of the Islamic Development Bank (IsDB), Islamic Research & Training Institute (IRTI), Islamic Corporation for Development of the Private Sector (ICD), Islamic Corporation for Insurance of Investment and Export Credit (ICIEC), and International Islamic Trade Finance Corporation (ITFC). The IsDBG is a regional International Financial Institution (IFI) whose mission includes the promotion of social and economic development…

News 18 Apr, 2023

Outer Temple Chambers is ranked as a commercial leader in the Middle East by Legal 500 EMEA

Legal 500 have announced their EMEA results and we are proud to announce that Outer Temple Chambers, and our barristers, have yet again been ranked for our commercial expertise at the English Bar in the Middle East. These rankings reflect competency in providing expert advisory and advocacy services and facilities for contract and commercial, financial, regulatory, taxation and trusts, employment and arbitration work in the UAE and across the Middle East. Outer Temple Chambers has a well-established presence in the Middle East, with a registered office and members on the ground. Legal 500 noted our particular expertise in commercial litigation and arbitration, company and employment law, shipping, and regulatory issues. Tier 2 Set Outer Temple Chambers has been ranked as a…

News 13 Apr, 2023

Andrew Short KC and Saul Margo successful in Sainsbury's Supermarkets Ltd v Clark

Andrew Short KC and Saul Margo successful in Sainsbury’s Supermarkets Ltd v Clark

The Court of Appeal has handed down judgment in Sainsbury’s Supermarkets Ltd v Clark and Others in which the successful claimants were represented by Andrew Short KC and Saul Margo. In this long-running equal pay claim against Sainsbury’s Supermarket, a number of the claimants brought their claims on a claim form that only contained one EC number relating to one of the claimants on the form. The claims were rejected on that basis, but the claimants successfully appealed to the EAT where it was held that it is sufficient if one EC number is given on the claim form for any claimant who brings a claim on the same form. Sainsbury’s appealed against the order of the EAT. Court of Appeal In…

News 6 Apr, 2023

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