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Westrop v Harrath: The rights, and wrongs, of Part 71 contempt

Westrop v Harrath: The rights, and wrongs, of Part 71 contempt

Jeremy Scott-Joynt analyses the powers of CPR 71 proceedings and its importance in his recent Court of Appeal case, Westrop v Harrath. Civil courts can do lots of things. They decide whether a deal is really a deal. They tell people which parent they get to live with. They decide if someone’s been discriminated against, or wrongly kicked out of their job. Or if a public body has done its job right. Mostly, though, they decide who owes whom – and how much. And when a court has decided someone owes you, you’re going to want them to pay up. No surprise, then, that a sizeable chunk of the Civil Procedure Rules deals with how – if you’re a judgment…

News 3 Jan, 2024

The Court of Appeal has provided an authoritative guide to the procedure required to find a debtor in contempt under Part 71 of the Civil Procedure Rules following an appeal concerning contempt of court in which Jeremy Scott-Joynt successfully acted for the appellant.

Court of Appeal gives guidance on CPR Part 71 after successful appeal by Jeremy Scott-Joynt

The Court of Appeal has provided an authoritative guide to the procedure required to find a debtor in contempt under Part 71 of the Civil Procedure Rules following an appeal concerning contempt of court in which Jeremy Scott-Joynt successfully acted for the appellant. In its judgment, handed down on 22 December 2023 under neutral citation [2023] EWCA Civ 1566 following a hearing on 19 December, the Court considered what ought to happen where a judgment debtor did not appear before the Court when ordered to do so under Part 71 – but where personal service had not been undertaken. In doing so, it stressed “the need for full compliance with the different parts of the Part 71 procedure before the making…

News 22 Dec, 2023

Fiona Horlick KC successfully acted for the appellant in his appeal against an order for committal to prison for contempt of court in the Court of Appeal on 12 December 2023. The judgment is now available.

Fiona Horlick KC successful in contempt of court case in the Court of Appeal

Fiona Horlick KC successfully acted for the appellant in his appeal against an order for committal to prison for contempt of court in the Court of Appeal on 12 December 2023. The judgment is now available [2023] EWCA Civ 1504. Fiona had not acted for the appellant at the original hearing but was instructed at short notice for the appeal.  The judgement reiterated the fundamental importance of the correct procedure being followed in contempt proceedings. The appellant had been a designated member of an LLP.  Committal proceedings were brought against the LLP only.  However, the original judge wrongly found that she had could adjudicate on a contempt allegation against the appellant personally. As stated by Warby J “…there were two separate…

News 21 Dec, 2023

Outer Temple's, Helen Pugh, will be speaking at the Female Fraud Forum and Tech Disputes Network event on the topic of "Tech Frauds and the Masterminds behind them – just outliers, or outright liars?". The event is taking place on Thursday 18th January.

Helen Pugh to speak at FFF x TDN event on Tech Frauds and the Masterminds behind them

Outer Temple’s, Helen Pugh, will be speaking at the Female Fraud Forum and Tech Disputes Network event on the topic of ‘Tech Frauds and the Masterminds behind them – just outliers, or outright liars?’. The event is taking place on Thursday 18th January. Helen will join the panel discussion speaking alongside fellow experts; Molly Sandquest (FRP Advisory), Sam Roberts (Cooke Young & Keidan) and Jennifer Schubert (MoloLamken LLP). The event, taking place at the Reform Club will be followed by networking drinks. The full details can be found below. Join the panel speakers for a fast-paced, eclectic discussion of some of the infamous tech-related frauds in history. From Frank Abagnale to Theranos to FTX, they will be exploring the difficult…

News 18 Dec, 2023

Nathan Tavares KC instructed in spinal cord injury compensation claim

Nathan Tavares KC instructed in spinal cord injury compensation claim

Nathan Tavares KC, instructed by Stewarts International Injury team acts for junior NHS doctor in compensation claim. Nathan Tavares KC of Outer Temple Chambers is acting on behalf Dr Daniel Gordon who is seeking compensation of £10 million against Arch and Chubb insurers after his brand-new “gravel” bike (Planet X Tempest SRAM Force) split into two on a grass slope in August 2020, leaving him paralysed from the waist down. The Planet X bike, costing £2300, was described as a “flowingly fast and comfortably confident titanium gravel bike that gives you the freedom to ride wherever you want.” As Planet X became insolvent in 2023, Dr Gordon made his claim against its two insurers, Arch Insurance (UK) Limited and Chubb…

News 15 Dec, 2023

Alex Haines and Henry Reid were instructed by the Applicant in a case that came before the African Union (“AU”) Administrative Tribunal for a final hearing on 16th and 17th November 2023. The AU Administrative Tribunal, an international administrative tribunal – similar in nature to both the World Bank Administrative Tribunal and United Nations Dispute Tribunal – is based in Addis Ababa, Ethiopia. Judgment is expected early next year.

Alex Haines and Henry Reid instructed in African Union Administrative Tribunal final hearing

Alex Haines and Henry Reid were instructed by the Applicant in a case that came before the African Union (“AU”) Administrative Tribunal for a final hearing on 16th and 17th November 2023. The AU Administrative Tribunal, an international administrative tribunal – similar in nature to both the World Bank Administrative Tribunal and United Nations Dispute Tribunal – is based in Addis Ababa, Ethiopia. Judgment is expected early next year. The African Union The AU is a continental union and regional organisation – equivalent to the European Union – consisting of the 55 member states that make up the countries of the African continent. In 2001, the AU was created to replace the Organisation of African Unity (“OAU”) and it was…

News 11 Dec, 2023

Outer Temple's Health and Safety law specialist, James Leonard KC, represented Melfort Construction Services Ltd in a four-week trial at Lincoln Crown Court following the death of an employee on site.

James Leonard KC represents construction company in Health & Safety case following death of employee on site

Outer Temple’s Health and Safety law specialist, James Leonard KC, represented Melfort Construction Services Ltd in a four-week trial at Lincoln Crown Court following the death of an employee on site. James Leonard KC represented Melfort Construction Services Ltd in a four-week trial at Lincoln Crown Court. The allegation was a failure on the part of Melfort, a specialist groundworks contractor, to ensure the health and safety of an employee who sadly died at a construction site in Lincoln in 2020. The employee was working for Melfort Construction as a dump truck driver and Melfort Construction had been sub-contracted to the Lindum Group to carry out groundwork. The employee was driving his front-loaded dump truck when he opened the barriers…

News 6 Dec, 2023

We are delighted to announce that our Personal Injury team have been awarded Set of the Year at the Chambers UK Bar Awards 2023.

Outer Temple Chambers awarded Personal Injury Set of the Year at Chambers UK Bar Awards

We are delighted to announce that our Personal Injury team have been awarded Set of the Year at the Chambers UK Bar Awards 2023. The Bar Awards took place on Thursday 30th November 2023 at the JW Marriott Grosvenor House, London. The awards recognise a Chambers pre-eminence in the UK. They also reflect achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service. They honour the work of sets and individuals across the country based on the research for the recent edition of Chambers UK Bar. The award is testament to the team’s hard work over the last 12 months. We are delighted to have been recognised for our personal injury expertise. Our…

News 1 Dec, 2023

Matthew Phillips KC and Tom Gibson represent successful claimant in £24m+ birth injury claim

Matthew Phillips KC and Tom Gibson represent successful claimant in £24m+ birth injury claim

Matthew Phillips KC and Tom Gibson represented a successful claimant who received compensation with a capitalised value of over £24million. The claimant suffered from four limb dystonic cerebral palsy as a result of the defendant hospital’s negligence at the time of her birth. The claimant’s family spent almost 9 years pursuing the claim, first establishing a full admission of liability, and then preparing for a quantum trial. The case involved complicated issues surrounding the claimant’s future care and accommodation needs in particular. A settlement, involving a £6,550,000 lump sum plus stepped periodical payments, was agreed after a settlement meeting and less than a month before the quantum trial. While no settlement can change what happened to the claimant, the compensation…

News 29 Nov, 2023

Outer Temple Chambers shortlisted at The Legal 500 MENA Awards 2024

Outer Temple Chambers shortlisted at The Legal 500 MENA Awards 2024

Outer Temple Chambers is delighted to announce that we have been shortlisted for Commercial Set of the Year and Commercial Junior of the Year at the Legal 500 Middle East and North Africa Awards 2024. Outer Temple Chambers and Dr Ali Almihdar have been recognised in the Commercial category under the English Bar in the Middle East. The awards will be taking place on Thursday, 8 February 2024 at Mandarin Oriental Jumeirah, Dubai, UAE. These awards reflect the competency in providing expert advisory and advocacy services and facilities under Commercial Litigation in the Middle East. Outer Temple Chambers has been in the Middle East for close to a decade and our members close to 20 years. Members have been involved in some…

News 28 Nov, 2023

Outer Temple's Alex Cisneros appeared as counsel for the Secretary of State for Justice in this case relating to a 63 year old man, who was a restricted patient detained under sections 47 and 49 of the Mental Health Act 1983. The Upper Tier Mental Health Tribunal has recently handed down a decision.

Alex Cisneros acts in a case exploring the interface between the Mental Health Act 1983 and the Mental Capacity Act 2005

The case was before the Upper Tier Mental Health Tribunal and concerned the discharge of a restricted patient who had been assessed to lack capacity to make decisions about various matters including his residence and compliance with psychotropic medication regime. Outer Temple’s Alex Cisneros appeared as counsel for the Secretary of State for Justice in this case.  The Upper Tier (UTT) was considering an appeal relating to a 63 year old man, ML, who was a restricted patient detained under sections 47 and 49 of the Mental Health Act 1983. His tariff (the criminal aspect of his detention) expired 30 years ago. ML was seeking a conditional discharge from detention. The First Tier Tribunal (FTT) had heard evidence that the patient lacked capacity…

News 28 Nov, 2023

Martina Murphy successful in Cohen v Mahmood MP (EAT)

Martina Murphy successful in Cohen v Mahmood MP (EAT)

The Employment Appeal Tribunal (‘EAT’) has handed down judgment in Ms Elaina Cohen v Mr Khalid Mahmood MP in which the successful claimant was represented by Martina Murphy. The Claimant had been successful before the Employment Tribunal in her claim for unfair dismissal and one complaint of whistleblowing detriment. The claimant had made an error in the citation of the ACAS number on the ET1 and missed the primary time limit. The Tribunal held it was not reasonably practicable for the Claimant to have presented her claim in time. Mr Mahmood MP appealed against the decision extending time. Employment Appeal Tribunal Mr Mahmood MP’s appeal In dismissing Mr Mahmood MP’s appeal, the EAT confirmed that the real issue in such…

News 27 Nov, 2023

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