News & Events
News & Events
Oliver Powell instructed by Pinsent Masons, appeared for Golden Touza Ltd (‘the Operator’) and Paul Rogers instructed by Berbés Abogados, appeared for Alberto Vazquez Seijo (‘the Master’). Following a catch verification in Stanley in May 2017, it became apparent that the Master of the FV Hermanos Touza had furnished a return, namely a FISHEND report, that was inaccurate. It was alleged that the Master was reckless as to whether the return contained a statement that was false or misleading in a material respect, namely by stating in the return that the vessel held 82,198 kilograms of Loligo squid, when in fact the vessel held 147,108 kilograms of Loligo squid, a variance of 79%. The case involved a number of points…
News 19 Feb, 2018
Ben Compton QC has secured the acquittal of Formula One Management Ltd (FOML), who were being prosecuted by the HSE on a charge under section 3 of the Health and Safety at Work Act 1974. The case involved contractors who FOML had hired for roof work at one of their sites in Surrey. During the resultant work, an untrained roofer fell through a roof light and was severely injured. The case against FOML was predicated on the basis that they had not adhered to their own management systems in selecting this particular contractor and further that they permitted work to continue even after the accident. As part of their case, the HSE relied on a former employee, as one of…
News 16 Feb, 2018
Last Monday, Al Jazeera interviewed Robert Rhodes QC about the Serious Fraud Office’s charging of Barclays Bank Ltd for unlawful financial assistance relating to transactions with Qatar in October 2008. The holding company, Barclays Bank plc, was also charged last summer, along with four former senior executives (Robert had an article published about that in Times). The charge relates to Barclays’ October 2008 loan of £2.3bn to Qatar Holdings, its payment to Qatar Holdings of £323m for advisory services, and the purchase by Qatar Holdings of c. £12bn Barclays shares. Robert pointed out that, during the banking crisis a decade ago, the British government had to invest over £1tn into UK banks. He said that Barclays managed to avoid going…
News 16 Feb, 2018
Andrew Short QC and Naomi Ling successful in judges’ pensions case appeal, resisting appeal against ET decision that they were discriminated against on grounds of age. Andrew Short QC and Naomi Ling successfully resisted an appeal by the Ministry of Justice to the EAT from a finding that judges had been discriminated against on grounds of age. The claimants are more than 200 judges who were moved to a less generous pension scheme in 2015. The Employment Tribunal found that the aim of protecting those closest to retirement was not legitimate and, in any event, the judges were so badly affected by the change that it was not proportionate. The EAT found that the judge had made some errors in…
News 7 Feb, 2018
Andrew Short QC and Lydia Seymour successful in the EAT in firefighters’ pension case appeal, overturning ET decision to dismiss the firefighters’ claims. Andrew Short QC and Lydia Seymour act for more than 6,000 firefighters in this group claim for age discrimination, equal pay, sex and race discrimination following the introduction of a less generous pension scheme for younger firefighters in 2015. All claims were originally dismissed by the Employment Tribunal, but the rejection of the age and race discrimination claims has now been overturned. The EAT found that the Employment Tribunal had applied the wrong test on the question of justification and an inadequate level of scrutiny on the issue of proportionality. All parties were given permission to appeal…
News 7 Feb, 2018
Tim Green was instructed by the HSE in the appeal against sentence brought by John Henry and Sons Limited. The appellant sought to challenge both the sentence and costs ordered by the Recorder of Lincoln following a 3 weeks trial in May 2016. The judgment of Lord Justice Treacy in this case is important reading for all health and safety practitioners and can be found here. In particular, the Court of Appeal gave guidance on the following: The very limited circumstances in which it will interfere with findings of fact made by a trial Judge which then forms the basis of sentence [para 25]. The importance of the appellant placing the most recent accounting information available before the sentencing court…
News 6 Feb, 2018
Andrew Spink QC, joint Head of Outer Temple Chambers, London, has been appointed to a prestigious judicial position at the new commercial court in Kazakhstan. Andrew is one of a selected number of highly respected UK judges and senior lawyers chosen to help spearhead a modernisation programme in Kazakhstan involving the Astana International Financial Centre (AIFC), with a view to making it the leading financial centre in Central Asia. A new AIFC Court and International Arbitration Centre will resolve commercial disputes arising in this fast-developing and commercially very active part of the world, applying AIFC Law, which is essentially English common law. Lord Woolf, formerly Lord Chief Justice of England and Wales, has been appointed Chief Justice of the new…
News 2 Feb, 2018
For 35 years, Stephen Simmons had been looking for ways to clear his name after being wrongly sentenced to prison as a criminal. Four years ago, he approached the Criminal Cases Review Commission after ringing Daniel Barnett on LBC radio’s legal advice programme. Daniel Barnett suggested Simmons Google the name of the British Transport Police officer who arrested him for mailbag theft in 1976. What Simmons discovered by following Daniel Barnett’s advice helped him clear his name after decades of being haunted by the conviction. That officer had been convicted years later of mailbag theft and “had fitted him up for the offence”, LBC reports. Simmons’ case has been referred to the court of appeal, where he has had his conviction quashed. According…
News 1 Feb, 2018
Claire van Overdijk represents the Public Guardian in Court of Protection proceedings setting down new guidance on the appointment of trust corporations as property and affairs deputies. The Court of Protection has handed down an important judgment in the matter of: Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies [2018] EWCOP 3. This sets down guidance for trust corporations that apply to the Court for appointment as deputy for incapacitated persons. As identified in the judgment, there is presently no system in place as between the Court, the Office of the Public Guardian (PG) and the Ministry of Justice’s approved bond supplier on which the Court can rely as to the suitability of a trust corporation for…
News 30 Jan, 2018
Tim Nesbitt successful in important appeal before the Information Rights Tribunal on environmental information relating to badger cull. The Information Rights Tribunal has just released a decision following a three day hearing in December in which the UK Government was seeking to resist the release of information about environmental impact assessments into the national badger cull. Tim was acting for a biologist and conservationist with an interest in European and UK protected wildlife species who wanted access to the environmental impact assessments to consider their adequacy, especially in relation to protected species. The case turned on the application of the Environmental Information Regulations, the Aarhus Convention and EC Directive on Environmental Information. The Government contended that they should be able…
News 26 Jan, 2018
We are very pleased to announce that the International Council of Arbitration for Sport (ICAS) has appointed Robert Rhodes QC as mediator of the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. Robert has been selected as one of 60 mediators who may be called upon to act as mediator in a mediation procedure. The full list of CAS members can be found here. Robert sits on a number of panels of arbitrators / mediators globally, has rights of audience in the Dubai International Financial Centre, and is a member of the Dubai International Arbitration Centre. He is a Fellow of the Chartered Institute of Arbitrators, a member of the London Court of International Arbitration and of the International Chamber of…
News 8 Jan, 2018
James Arnold represented the claimant in a successful transgender claim against Primark. The case involved claims of trans-gender bullying and a failure to investigate that bullying, allowing the claimant to resign and claim constructive dismissal. The claimant was awarded around £47,000 including £20,000 for injury to feelings for trans-gender harassment and discrimination and a 25% uplift for failing investigate her grievance. James was instructed by Leigh Day, for the claimant. The full decision may be found here.
News 22 Dec, 2017
