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Andrew Spink QC and Saul Margo: “most important” settlement reached by TPR

Andrew Spink QC and Saul Margo represented the Trustees of the Coats Pension Plan in regulatory proceedings brought by the Pensions Regulator against the Coats Group. The case raised novel issues concerning the interpretation of the legislation concerning Financial Support Directions and, in particular, the Regulator’s jurisdiction to conduct its own calculations in order to determine whether a scheme is insufficiently resourced. Following the exchange of Representations, the Regulator and the Trustees have achieved a settlement with the Coats Group that will protect the pensions of 24,000 scheme members in a deal described by John Ralfe (an independent pensions consultant) as “the most important” one that the Regulator has reached. This is the first settlement of such an action achieved…

News 20 Dec, 2016

The legal remedies for victims of child abuse in English football

This piece was written for and first published by LawInSport. A copy of the original is available to view here. Watching the distress of footballer 43 year-old Andy Woodward disclosing his experience of being sexually abused as a boy from the age of 11 until 15 by Barry Bennell, his football coach, is a stark reminder if one were needed of the far-reaching emotional damage that abuse brings in its wake. There are no reported cases of claims within professional football brought by former players against their coaches for sexual abuse when playing in youth teams, football academies or as apprentice players. Claims against youth club leaders, sports coaches in schools and local clubs are not unusual and have been…

News 20 Dec, 2016

Ben Bradley secures neglect conclusion at inquest

Ben Bradley, instructed by Angela Kirtley, Partner at Irwin Mitchell LLP in Newcastle, recently represented the family in an inquest touching the Death of LC. LC had been a voluntary inpatient at West Park Hospital, receiving treatment for an underlying depressive illness. Despite express instructions to the contrary from the lead consultant, LC was permitted to go on leave without such leave being risk assessed to confirm (amongst other things) who he was going on leave with, and where he was going. Sadly, LC was thus permitted to leave the hospital, committing suicide shortly thereafter. Having heard competing legal submissions from the interested parties, the Senior Coroner for County Durham recorded a conclusion of ‘suicide, contributed to by neglect’. Local press interest in…

News 19 Dec, 2016

The Lawyer Monthly’s Health and Safety Barrister 2016

Tim Green awarded “The Lawyer Monthly’s Health and Safety Barrister 2016” The 2016 Lawyer Monthly Legal Awards recognises firms, individual lawyers, solicitors and barristers that have dedicated their resources to innovation, built on their depth of expertise, and performed outstandingly over the year. Over several months, the Lawyer Monthly research team collected and collated nominations through their online voting system. Each nomination was then compared against a strict set of measurable criteria, which was combined with additional industry research to help produce a definitive list of winners. The Lawyer Monthly Legal Awards 2016 winners stood out from their peers by demonstrating professional achievement and excellence in their jurisdiction and sector of practice. Tim Green has been consistently recommended by the…

News 19 Dec, 2016

Michael Bowes QC at the world’s largest anti-corruption conference, Panama

Panama Papers and Investigative Journalism at the heart of the agenda The 17th International Anti-Corruption Conference will take place from 1st – 4th December in Panama City. Leading experts from a wide variety of disciplines will discuss how to best take the fight against corruption forward under the theme Time for Justice: Equity, Security, Trust. The four-day event will be opened by the President of the Republic of Panama, Juan Carlos Varela Rodríguez. With more than 1,500 participants from all over the world, this edition of the conference will have a particular focus on the enablers of corruption and investigative journalism with in-depth discussions of the Panama Papers. Michael Bowes’ panel session is entitled “Integrity Pioneers and Community Solutions to…

News 28 Nov, 2016

Tim Green speaks at HSLA conference

On Friday 25th November, Tim Green presented a seminar to 150 delegates at the Health & Safety Lawyers Annual Conference. In his talk Tim analysed important new case law governing the application of the Sentencing Guidelines to health and safety investigations. The conference was a great success. Tim has been consistently recommended by the legal directories for his work in health and safety and environmental law. Please click here for Tim’s slides.

News 28 Nov, 2016

Andrew Allen obtains £40,000 costs award against barrister

Andrew Allen successfully represented the clerks and members of a set of barristers’ chambers against a claim of race discrimination brought by a barrister relating to allocation of work over a three year period and the manner in which the chambers responded to a complaint. All of the claims were rejected in a judgment promulgated in April 2016. At a costs hearing in November 2016, the unsuccessful Claimant was ordered to pay all of the Respondent’s legal costs, capped at £40,000 due to her means – given that she was over £100,000 in debt. The basis for the costs decision was that the Claimant had behaved unreasonably in her conduct of the case which involved “untrue allegations of discriminatory conduct” and…

News 18 Nov, 2016

Fiona Horlick successfully defends doctor charged with sexual assault

Fiona Horlick, instructed by Eastwoods Solicitors, successfully defended a doctor charged with criminal offences of sexual assault. Fiona represented him at the trial at Wood Green Crown Court trial where he was acquitted of all charges under the Sexual Offences Act 2003 by the jury. The doctor, a general practitioner of long standing, was accused of sexually assaulting an elderly patient during a home visit and sexually assaulting a nurse when he was on duty at a hospital. Fiona has a particular expertise in defending professionals charged with criminal offences across a range of criminal offences including fraud, violence and sexual offences.

News 16 Nov, 2016

2nd Annual International Arbitration Summit in Beijing

A number of Arbitration practitioners are invited to present at the 2nd Annual International Arbitration Summit. This has been arranged to take place in Beijing, on Wednesday 16th of November 2016. Robert Rhodes QC will be delivering the keynote speech. Its subject is “The future of online dispute resolution in England and the use of Mediation and Arbitration in Disputes arising from international commercial contracts”. Robert is also moderating a panel discussion during the conference. His professional experience includes his qualities as a Fellow of the Chartered Institute of Arbitrators and a member of the Corporate Panel of the Dispute Board Federation, of the London Court of International Arbitration and of the International Chamber of Commerce. Speakers also include leading arbitration…

News 14 Nov, 2016

Outer Temple Chambers registration with Dubai International Financial Centre

Outer Temple Chambers is proud and delighted to announce that it is the first of its kind barristers’ chambers in the Dubai region. The move solidifies the reputation of DIFC as a specialist hub for international business transactions, dispute resolution and contract enforcement through DIFC Courts. It also demonstrates confidence in the international legal architecture of DIFC. With legal experts who work in the world’s leading courts, including in DIFC Courts, our services will be of benefit to the region – regardless of whether or not businesses are registered in DIFC, as long as they wish to use the DIFC Courts. Our members specialise in commercial litigation and arbitration, company and employment law, multinational and cross-border law, regulatory issues, Islamic Finance and wealth management. Our recent…

News 7 Nov, 2016

David Westcott QC in successful action for Claimant in Harris v Miller

David Westcott QC successfully acted for the Claimant in Harris v Miller [2016] EWHC 2438 (QB). The Claimant was 14 years old when she fell off the Defendant’s horse and sustained paraplegia. An action was originally brought in negligence and under the Animals Act 1971; but since, on the particular facts of the case, the Claimant could not have succeeded in the statutory claim if she failed at common law, only negligence was pursued at trial. The facts were hotly disputed by the parties. It was the Claimant’s case that the horse bucked whilst cantering on flat ground, whereas the Defendant suggested the horse had dipped its head when walking downhill. The behaviour and temperament of the horse were also…

News 4 Nov, 2016

TV quiz barrister fined £2,500 for inadequate advice

James Counsell acted for the Bar Standards Board in disciplinary proceedings brought against Dr Shaun Wallace, a criminal barrister based in London, who also stars in the TV quiz show “The Chase”. At the hearing Dr Wallace admitted four charges relating to the advice and representation he gave to a defendant and which led to the 22-year old defendant pleading guilty to a section 18 wounding with intent charge, when he thought he was pleading guilty to the lesser offence of section 20. James Counsell described how Dr Wallace had conducted pre-trial conferences at the defendant’s bail address in the absence of a solicitor, but took no notes of the advice which he gave. Having told his client that he…

News 1 Nov, 2016

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