News & Events

News

Outer Temple welcomes Alex Line

We are pleased to announce that Alex Line has joined Outer Temple Chambers to work across our Employment and Public law Practice Areas. Alex is primarily a civil practitioner whose practice is focused particularly on the areas of education (about which he is passionate), social welfare, court of protection, public law, employment and discrimination. He regularly appears in employment tribunals, county courts and different chambers of the First-Tier Tribunal. Alex has also High Court, Employment Appeal Tribunal and Upper Tribunal experience and will add further strength and depth to the growing team. For more information on Alex’s practice, please click here.

News 17 Mar, 2017

Claire van Overdijk joins Outer Temple Chambers

We are delighted to announce that Claire van Overdijk has joined Chambers. Claire is a public law specialist and private clients (trusts and estates) barrister, with expertise in private international law. She was appointed to the Attorney General’s B Panel on 1 September 2016 following two years on the C Panel. Her extensive experience in mental capacity law and the Court of Protection has allowed her to establish a dual practice with specialisms in the health/welfare and property/financial affairs jurisdictions of the court. Claire is the first and currently the only practitioner at the Bar to date to be recognised as a leader in both areas of the COP’s jurisdiction and is a welcome addition to our Public law and Commercial &…

News 14 Mar, 2017

The first substantive public hearings of IICSA

Paul Livingston has appeared in the first substantive public hearings held by the Independent Inquiry into Child Sexual Abuse, in his role as Junior Counsel to the Inquiry. The hearings, which have commenced over the past two weeks, are part of the Child Migration case study, looking into the institutional responses to the abuse of British children who were migrated to Australia, Canada and Southern Rhodesia (now Zimbabwe) up to the 1970s. This is one of the thirteen investigations currently being undertaken by the Inquiry, which is now chaired by Professor Alexis Jay. Paul is also instructed on the Inquiry’s investigation into children in care in Nottinghamshire, which is being led by Patrick Sadd. Fiona Scolding QC has recently been…

News 10 Mar, 2017

Saaman Pourghadiri successful in Internal Investigation costs assessment claim

Saaman Pourghadiri (instructed by Signature Litigation) acted for ENRC in its application to subject to detailed assessment bills rendered by Dechert LLP whilst assisting ENRC in relation to an internal investigation. As a result of the application succeeding c£16m in fees will be assessed, which according to the Times will be “one of the biggest-ever battles over City corporate legal fees”. ENRC’s application was granted as the Master found there were “special circumstances” justifying such assessment, those circumstances including the peculiar nature of internal investigations conducted during the course of a dialogue with the SFO. The SFO have also brought a claim concerning whether certain documents in the possession and/or control of ENRC were privileged. Saaman again acted as counsel…

News 3 Mar, 2017

James Counsell QC successfully prosecutes dishonest broker in Lloyd’s Disciplinary Tribunal

Mr Charles O’Sullivan, formerly a member of an LLP, member of Lloyd’s and a managing director of the special risks division of Besso Limited, was found guilty of charges of discreditable conduct. A disciplinary tribunal was told by James Counsell QC representing the Council of Lloyd’s, how Mr O’Sullivan, whilst acting as a placing broker in a series of insurance transactions between 2009 and 2012, deliberately misled other parties as to how much and what type of remuneration was being or had been earned by his company for financial gain. In all, he earned for those companies sums in excess of US$1.7m as a result of his deception. The Tribunal banned him from Lloyd’s, declared him unfit to be a member…

News 2 Mar, 2017

“Entrapment has won”

Starting with the case of Sam Allardyce, the former England Manager, Matthew McDonagh writes for LawInSport about how sports stars should respond to media sting operations. This piece was written for and first published by LawInSport. A copy of the original is available to view here. “The former England Manager, Sam Allardyce’s, recent assertion that “entrapment has won” was a response to the continuing investigations of The Daily Telegraph into corruption in football that had led to the termination of his role as the England Football Manager. Allardyce’s role lasted a mere 67 days before he left by mutual consent. He had attended a meeting at the request of his friend, Scott McGarvey, a football agent. McGarvey was meeting a…

News 27 Feb, 2017

Tom Gibson in unusual ‘non-Bolam’ clinical negligence trial

Tom Gibson represented the defendant NHS hospital trust in Muller v King’s College Hospital NHS Foundation Trust, a High Court clinical negligence trial on breach of duty, causation, and quantum. The case involved an allegedly negligent 8-month delay in diagnosing an acral lentiginous melanoma (a very rare type of skin cancer). On breach of duty, Mr Justice Kerr decided that, at law, the Bolam test did not apply to the reporting of a punch biopsy sample by a consultant pathologist. Instead, as a “pure diagnosis” case, the Court of Appeal case of Penney v East Kent Health Authority [2000] PNLR 323 (concerning the inapplicability of the Bolam test to questions of objective fact) should be followed. Applying the law in this…

News 22 Feb, 2017

Tim Aron joins Outer Temple

Tim Aron is a commercial barrister and specialist in financial services law and regulation. Before joining Outer Temple Chambers, Tim was a partner and head of the UK financial services practice at a leading US law firm. His practice at the Bar focuses on advisory and regulatory enforcement work for FCA and PRA regulated firms and individuals. Tim has particular expertise in markets issues including the regulatory aspects of securities and derivatives transactions, market conduct, the scope of regulatory powers and dealing with regulatory challenges and investigations. He has also served as legal adviser in the General Counsel’s Division of the Financial Services Authority between 2004 and 2010. During this time he advised the regulator’s Markets Division, the UK Listing Authority,…

News 22 Feb, 2017

Tim Green for DWF: good news for companies and their officers

In an article written as a guest of solicitors DWF, Tim Green provides a guide to a recent Court of Appeal decision that has important consequences for companies and their officers facing restraint and confiscation in respect of environmental offending. The judgment in R v Powell and Westwood [2016] EWCA Crim 1043 suggests a significant and welcome narrowing of the scope for confiscation in environmental enforcement. Powell and Westwood is thus essential reading for environmental lawyers.  

News 10 Feb, 2017

Tim Green successful in complex HSE case against multiple contractors

On 16 December 2016, HHJ Pini QC sitting at Lincoln Crown Court issued fines and costs in excess of £2.5m. These were in respect of health and safety offences admitted by a the Principal Contractor and two sub-contractors working on deep excavations in Holbeach, Lincolnshire. The case was unusual because of the complex contractual relationship between the defendants and the impact this had on their respective obligations to make the excavations safe. The Principal Contractor (“K Co”) pleaded guilty, as did a small sub-contractor (“L Co.”). The large sub-contractor was convicted after a three week trial. The trial included expert evidence for both sides and detailed submissions on the law relating to the duties lying on specialist sub-contractors, admissibility of…

News 2 Feb, 2017

Trusts & Trustees article on French Constitutional Court decision

Christophe Jolk examines a French Constitutional Court decision for Trusts & Trustees in a public registry – related case. A female American citizen and tax resident of France asked the French State Council to suspend the execution of Decree number 2016-567 of 10 May 2016, relating to the public trust registry. The claimant alleges that Article 1649 AB of the French tax code “disproportionately violated her right to privacy”. The violation happened as a consequence of certain private information in the registry being made public. Publicising the identity of the beneficiaries of the trusts she had set up would have revealed the way of organising the distribution of her assets after her death. The French State Council submitted the priority…

News 2 Feb, 2017

Jonathan Hand successfully defends racehorse trainer

Jonathan Hand recently acted for racehorse trainer Ed Walker Ltd in a claim brought by a rider from his yard who suffered a head injury whilst on the gallops at Newmarket. The rider fell from the horse, a two year old in training at the yard, when it was spooked and whipped round, causing both horse and rider to fall. The claim was brought under s.2(2) of the Animals Act 1971, which imposes strict liability for damage caused by animals of a non-dangerous species where certain conditions are met. Jonathan was instructed by Jo Levy of Knights Solicitors, acting for the defendant trainer’s insurers. The claim was successfully defended at a three day liability trial before HHJ Davies, who found…

News 1 Feb, 2017

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