News & Events
News & Events
John McKendrick QC has been successful in defending a costs order appeal by the son of his client’s late husband after the judge departed from the general rule of awarding successful parties their costs in Algeilani v El Samawi [2021] EWCA Civ 997. Alex Cisneros provides a helpful case summary . The deceased’s son had succeeded in his claim exclusively by the introduction of a new argument. This new point was only raised following circulation of a draft judgment giving judgment against him. The judge reconsidered his judgment in light of this new point but, in the subsequent costs order, the judge decided to award costs only from the date he introduced the new argument. The judge also required the…
News 17 Aug, 2021
Chambers is pleased to announce that the Attorney General has appointed Saul Margo to the London A Panel and Chloë Bell to the London C Panel of Junior Counsel to the Crown. The Panel of Junior Counsel to the Crown consists of junior counsel who undertake civil work for all government departments. Members of the A panel deal with the most complex government cases in all courts and tribunals, including the Supreme Court. They will often appear against Queen’s Counsel. Saul and Chloë’s appointment commences on 1 September 2021 for a period of five years and they will be joining Outer Temple’s growing list of panel members: Naomi LingClaire van OverdijkRobert DickasonEmily Gordon WalkerJennifer SeamanAlex HainesNicholas HillAlexander LineTom GibsonJustina StewartSophie…
News 12 Aug, 2021
Louis Weston, who heads up the Sports Group at Outer Temple, acted for the British Horseracing Association in resisting the appeal by the connections of Dragon Symbol against that horse being demoted to second place and Campanelle being declared the winner in the Commonwealth Cup Group 1 race at Ascot on 18 June 2021. Royal Ascot stewards decided to award the Commonwealth Cup to Campanelle after Dragon Symbol passed the post a head in front of Campanelle but hung right in the final furlong and a half, bumping Campanelle. This interference caused Dragon Symbol’s jockey, Oisin Murphy, to earn a careless-riding ban. In determining the question of the effect of the interference on Campanelle, the disciplinary panel considered that the…
News 11 Aug, 2021
Outer Temple Chambers congratulates Anthony Lo Surdo SC on being accredited as a mediator by the Mediator Accrediting Council of Papua New Guinea. Anthony’s appointment runs for two years from the 1 July 2021. In recognition of his experience and depth of knowledge of mediation, Anthony Lo Surdo SC has also been accredited as a coach and instructor for the advanced mediation skills training of fully accredited mediators in Papua New Guinea. This follows his appointment last year as an International and Domestic Arbitrator and inclusion in the National Court of PNG List of Approved Arbitrators. Find out more Anthony Lo Surdo SC is a Professional Associate at Outer Temple Chambers based in Sydney, Australia. He is qualified to practise…
News 10 Aug, 2021
David Holloway recently represented Fal Oil Company and successfully achieved the enforcement of a judgment for over US$300 million plus significant interest against the Sharjah Electricity and Water Authority (SEWA). The underlying litigation had a complex and long history, involving appeals to the UAE Supreme Court and the intervention of a royal commission. Fal Oil had been unsuccessful in attempts to execute the judgment in Sharjah over a number of years. Enforcement proceedings in the DIFC Courts were contested by SEWA, who opposed the enforceability of the judgment on grounds of State Immunity and Public Policy. The judgment of the DIFC Court in Fal Oil Company v SEWA sheds considerable light on the question of State Immunity as understood in the DIFC and the…
News 4 Aug, 2021
David Holloway recently contributed to the debate on the Hague Choice of Court Convention, hosted by João Ribeiro-Bidaoui, first Secretary of the Hague Conference on Private International Law. The HCCH 2005 Choice of Court Convention (“Convention“), adopted over fifteen years ago, has recently become the subject of damning criticism from Gary Born, Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP. Born suggested that states bound by the Convention should denounce it, and that other states, including those like the United States, China, and Israel whose signature foreshadows ratification, should discontinue their work. João Ribeiro-Bidaoui, first Secretary of the Hague Conference on Private International Law responded, firmly, against the charges laid at the Convention’s feet…
News 28 Jul, 2021
The inquests into the Croydon tram crash have now concluded, in which Oliver Powell appeared on behalf of Bombardier Transportation UK Limited. The inquests into the deaths of seven people killed in the Croydon Tram crash at Sandilands on 9 November 2016 have now concluded. Following a 10 week inquest, the jury returned a unanimous conclusion of accidental death, together with a narrative. Oliver Powell, instructed by Philip Tansley of Shoosmiths LLP, appeared on behalf of Bombardier Transportation UK Limited, the designer and manufacturer of the CR4000 trams. About Oliver Oliver is ranked in Legal 500 UK for Health & Safety (Tier 1). He is frequently instructed in inquests and inquiries, appearing on behalf of companies and company officers. Clients include Beko, Bombardier, Clipper Ventures Plc,…
News 23 Jul, 2021
Joshua Hitchens acted as part of a team who were successful in a constitutional rights appeal for two appellants who wrongly served additional time in prison in Duncan and Jokhan v Attorney General of Trinidad and Tobago. Joshua Hitchens was led by Anand Beharrylal QC in a constitutional rights appeal against the Attorney General of Trinidad and Tobago for two appellants whom, due to an error by the Court of Appeal in criminal proceedings, were required to serve 29 months in prison after their earliest date of release which they ought not have served. The Privy Council allowed the appeal of Duncan and Jokhan (Appellants) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) [2021] UKPC 17 and the matter was remitted to the…
News 21 Jul, 2021
In a casenote for the Journal of Professional Negligence, Joshua Cainer analyses Chell v Tarmac Cement and Lime Ltd (QBD) on the extent of application of the second limb of the two-limb test for vicarious liability in cases of intentional wrongdoing, in the context of a personal injury claim resulting from a co-worker’s practical joke. Vicarious liability requires courts to apply a now well-established two-limb test and consider whether: (1) the relationship between the defendant and the primary wrongdoer was so close that it was capable of giving rise to vicarious liability; and (2) the connection between that relationship and the primary wrongdoing was close enough to impose liability on the defendant. Despite hopes to the contrary, following the Supreme Court’s recent decision in…
News 16 Jul, 2021
James Counsell QC and Stephen Doherty, instructed by Leonora Riesenburg at INTADR, have been successful before the DIFC Court of Appeal in its recent judgment in Lakhan v Lamia [2021] CA 001. The DIFC Court of Appeal has dealt a blow to recalcitrant parties seeking to invoke the jurisdiction of the Joint Judicial Committee (“JJC”) in an attempt to obstruct proceedings before the DIFC Courts. In Lakhan, the Court of Appeal has revised its historical practice of automatically staying proceedings upon petitions being made to the JJC, by confirming that, in order for any stay to take effect, there must first be a positively determined “conflict of jurisdiction”, and the mere existence of two sets of proceedings before the DIFC Courts and the onshore…
News 15 Jul, 2021
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 14 Jul, 2021
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 8 Jul, 2021
