News & Events
News & Events
In the first of many cases in the pipeline to reach trial, James Counsell QC has obtained judgment against Blackpool FC for its liability for sexual abuse offences by scout Frank Roper in the 1980s. The case involved the responsibility of English professional football clubs for sexual abuse committed on young footballers in their charge. James Counsell QC has obtained the first judgment of its kind against Blackpool Football Club for damages for its liability for sexual abuse committed by a convicted sex offender, Frank Roper during the time when Roper was working for the club as a scout in the 1980s. The Trial The Court heard that the Claimant, known as DSN at trial, was sexually abused when on…
News 16 Mar, 2020
Alex Line has collaborated with Kingsley Napley on the first in a series of blogs looking into the systems and processes that should sit behind the resolution of student misconduct allegations in Universities. Alex is a leading barrister in education law and regulatory law and was invited to collaborate with Julie Norris, a Partner at Kingsley Napley on the subject of; Getting it right from the start: University policies for dealing with non-academic misconduct complaints. Together they looked at issues including: What happens when a complaint is made to a University about the conduct of a student or a member of academic staff?What should the procedures for the resolution of these complaints look like?How can all parties be reassured that such allegations…
News 12 Mar, 2020
Chambers & Partners have released their Global Guide and we are proud to announce that three of our members appear as global leaders in Dispute Resolution (Commercial Chancery and Commercial). Chambers Global ranks the top lawyers and law firms in over 200 jurisdictions across the world. The rankings are based on the in-depth research by their dedicated and experienced team of researchers. They provide reliable recommendations, which ensures that clients are able to make an informed decision when instructing barristers and other legal professionals. Dispute Resolution: Commercial Chancery – UK Nicolas Stallworthy QC Nicolas Stallworthy QC has yet again been recognised by Chambers & Partners. This year Nicholas has been ranked in Band 4 and is described as a well-liked…
News 6 Mar, 2020
Jeremy Scott-Joynt has secured the release of more than half a million pounds in a client’s UK bank account frozen by HM Revenue and Customs (“HMRC”). In late 2019, HMRC had successfully applied (without notice, as is usual) to a magistrate’s court for an Account Freezing Order (“AFO”) over the account, which contained some £550,000. Once the client had been notified that the AFO was in place, his solicitors contacted Jeremy for help. Full details of the AFO regime can be found in this article by Outer Temple’s Oliver Powell and others. In short, AFOs are a relatively new weapon in law enforcement’s AML armoury, having been added to the Proceeds of Crime Act 2002 (Part 5, Chapter 3B, sections…
News 6 Mar, 2020
Oliver Powell, instructed by Roy Tozer and Hannah Frost of Shoosmiths represented a company who were sub-contracted to design and construct a timber frame structure for a commercial building project. The organisation was charged with contravening section 3 of the Health and Safety at Work etc. Act 1974 (‘HSWA 1974’) in relation to the design and construction of new timber framed building immediately adjacent to an occupied residential building. It was alleged that the organisation had failed to: ensure that the appropriate category of timber frame was used; and carry out an adequate assessment of the off-site fire risks. For the purposes of the sentencing exercise, the Health and Safety Executive (‘HSE’) initially sought starting points of not less than £250,000, on…
News 2 Mar, 2020
On 20 February 2020, the European Bank for Reconstruction and Development Administrative Tribunal (EBRDAT or Tribunal) delivered four judgments (Cases No. 2019/AT/02+03+04+05 ) in cases involving the right of contractors (as opposed to traditional employed international civil servants) to access the EBRD’s internal justice system. Alex Haines, having been instructed in 2019 and assisted by Chloë Bell in the litigation, appeared on 14 January 2020 on behalf of four contractors before the full Tribunal in London, the first time in its history that all five judges heard an oral hearing together. He argued that all four contractors had been de facto members of EBRD staff, that the EBRD had failed to accord them several of the rights and benefits available to…
News 2 Mar, 2020
John McKendrick QC has been invited to talk at the The ILS Global Forum on International Law hosted by iLaw2020 on February 28, 2020. John will speaking on a panel for the plenary session titled ‘U.S. Sanctions Policy and OFAC: What Every Lawyer (and Client) Should Know’. The unofficial theme of this year’s conference is International Corruption. The session will explore how U.S. sanctions policy has evolved over the last three decades, the significant role it plays in Latin America, beginning with the Cuba Embargo, Kingpin Act in Venezuela, and – most recently – the sanctions imposed on the Maduro Regime in Venezuela. The plenary will discuss that evolution, with a keynote presentation by Richard Newcomb, who served as the…
News 27 Feb, 2020
James Counsell QC and Oliver Powell recently delivered the Trial Advocacy and Witness Handling & Examination portion for Advanced Advocacy Skills on the Certificate in Common Law and DIFC Courts Practice programme. The DIFC Academy of Law have launched this course for Emirati Advocates and other civil law trained lawyers, in-house counsel, and legal professionals seeking to diversify their skills and enhance their professional development. In addition, John McKendrick QC and Ben Bradley will be teaching Oral Submissions and Appeal Advocacy and Keith Bryant QC and Jonathan Hand QC will be teaching Appeal Advocacy from February to April 2020. James Counsell QC commented: “The team from Outer Temple Chambers is delighted once again to be involved in the opportunity to teach Common Law Advanced Advocacy Skills to…
News 25 Feb, 2020
Teresa Rosen Peacocke and Gabor Bognar successfully appealed the first instance decision in the Court of Appeal, in the case of Gosden v Halliwell Landau (A Firm). As a result, the Claimants/Appellants are now entitled to recover damages for professional negligence against solicitors who acted for the First Appellant’s mother, now deceased, in the creation of an estate-planning scheme which the Defendants promoted as having Inheritance Tax advantages. The scheme included the creation of trusts, into one of which the mother’s home was to be transferred. This was to be achieved by creating an open contract for the sale of the house to the trustees, which should have been, but was not, protected by a restriction entered on the Land…
News 10 Feb, 2020
Andrew Allen successfully resisted an appeal in the Court of Appeal handed down today in a case where a sickness absence dismissal took place before the resolution of a late grievance. Lady Justice Simler’s judgment rejected the argument that a PCP applies to every act of unfair treatment of a particular employee. She held that to test whether the PCP is discriminatory or not it must be capable of being applied to others because the comparison of disadvantage caused by it has to be made by reference to a comparator to whom the alleged PCP would also apply. The full judgement can be read here. Andrew Allen was instructed by Eversheds Sutherland LLP. Andrew’s employment and discrimination practice encompasses TUPE, contractual disputes, discrimination – including within partnerships,…
News 7 Feb, 2020
Sarah Crowther QC, instructed by Irwin Mitchell, recently represented a former English Premier League footballer paralysed in an accident at a Spanish beach club. They have secured a landmark legal ruling, paving the way for him to progress his case to fund the specialist support he requires, through the English Courts. Joey Hutchinson, 37, suffered serious, life-changing spinal injuries while at Ocean Beach Club, now known as O Beach, in Ibiza in June 2016. The defendants (Ice Mountain Ibiza and its insurers MAPFRE) argued that a clause in the insurance contract meant that the case should be heard in the Spanish courts. However, European law states that such cases can be heard in the domestic court of those injured. Last month…
News 4 Feb, 2020
Claire van Overdijk has been appointed as a Presiding Judge for the 2020/21 STEP Private Client Awards. She has joined the panel of 21 judges from around the world who are each recognised as experts and leaders in their own fields and together span the international legal, accountancy, financial advisory and fiduciary sectors. Now in its 15th year, the STEP Private Client Awards are seen as the hallmark of quality within the private client industry. Open globally to both STEP members and non-members, they recognise and celebrate excellence among private client solicitors, lawyers, accountants, barristers, bankers, trust managers and financial advisors. Outer Temple Chambers won “Chambers of the Year” at the 2018/2019 Awards, and Claire van Overdijk was shortlisted as…
News 4 Feb, 2020
