News & Events
News & Events
Sarah Crowther appeared as junior counsel for the respondent victim of a road traffic accident in Greece in 2011. Tiffany Moreno, a young mother was pushing a buggy along the side of a road in Greece, when she was struck by an uninsured vehicle which failed to negotiate the bend. She suffered devastating injuries to her legs, resulting in a below knee amputation of one leg. Tiffany is a Welsh resident and brought her claim against MIB under regulations passed by the UK in 2003 in order to comply with the 4th Motor Insurance Directive in respect of victims of uninsured vehicles in Europe. MIB argued that its responsibility was limited to acting as if it were the guarantee fund…
News 4 Aug, 2016
In a hearing this week before the SDT Marcus Nickson, a prominent clinical negligence practitioner in the north west, was charged with allegations that included the dishonest misappropriation of substantial sums in respect of costs from damages awards for clients. The principal issues before the Tribunal were the level of involvement of Mr Nickson in costs issues in the firm of KJ Commons and co, and whether he had been dishonest. Whilst widespread other serious breaches were admitted, Mr Nickson was acquitted of all dishonesty allegations, which were the principal contested issues. Mr Nickson had been in partnership with Kevin Commons, the solicitor who was murdered in the notorious mass killings by Derrick Bird in Cumbria in June 2010, and…
News 15 Jul, 2016
The MoJ sought to overturn the decision of the ET that part-time judges in the Residential Property Tribunal Service (now part of the First-tier Tribunal) were treated less favourably than a full-time comparator in respect of payment for judgment writing. In order to remedy the less favourable treatment the ET awarded an additional fee of two-thirds of the daily sitting fee for each day of sitting, and refused to reconsider its judgment. Before the Court of Appeal the MoJ argued that the decision of the ET (upheld by the EAT) was perverse and/or should have been reconsidered because it overcompensated part-time judges for multi-day cases. The Court of Appeal held that there was nothing wrong with the way the ET…
News 15 Jul, 2016
Oliver Powell, instructed by Pinsent Masons, appeared for Sulivan Shipping Services Ltd (‘the Charterer’) in one of the largest fisheries investigations ever undertaken in the Falkland Islands. Oliver was retained throughout the investigation and the court proceedings, attending a number of hearings before the Court in the Falklands Island in December 2015 and by video link in 2016. Background: following a catch verification in Stanley in June 2015, it was discovered that Mr Baston (‘the Master’) of the FV Figaro had failed to declare 118,562.35kg of hake and had over declared 133,012.50kg of rock cod. The Master, Freiremar S.A. (‘the Owners’) and the Charterer were sentenced with fishing without a licence contrary to s.167 of the Fisheries (Conservation and Management)…
News 13 Jul, 2016
The Upper Tribunal (Judge Herrington) has handed down judgment in Julien Grout v FCA. The Tribunal (by way of preliminary issue) determined that Mr Grout was identified as one of the ‘traders on the SCP’ criticised in the Final Notice issued to his former employer JP Morgan, in connection with what has been referred to as the ‘Whale Trade’ matter. The Tribunal rejected the Authority’s argument that the requirement that there be a key or pointer to an individual was not satisifed because the term ‘traders on the SCP’ was a collective reference. Farhaz Khan acts for Mr Grout instructed by Graham Huntley and Rory Spillman of Signature Litigation. He was led by Richard Lissack QC. The Judgment can be…
News 8 Jul, 2016
Tim Green was recently instructed by the HSE in a precedent setting use of the Control of Major Hazard Regulations (“COMAH”) arising out of the inadvertent ignition of the rocket motor charge by Roxel Motor Limited. The defendant company admitted breaching s2 and 3 HSWA1974 when a technician examining a rocket charge with very hot borescope accidentally ignited the charge in the presence of 2 other technicians. The fire lasted around 10 seconds and burned at temperatures around 450 degrees. Other rocket charges were in the same room and an open rocket propellant store left open an adjacent room. Roxel’s emergency response to this major accident was inadequate leading to the first ever prosecution under Regulation 12 of COMAH for…
News 8 Jul, 2016
Floyd LJ has refused the Jehovah’s Witness church permission to appeal against the judgment of Globe J, in which James Counsell and Ben Bradley successfully appeared for the Claimant (see judgment here). In his initial ruling Mr Justice Globe imposed vicarious liability upon the Jehovah’s Witnesses (“JWs”) organisation both for: the acts of sexual abuse committed by one of its ministerial servants, Peter Stewart (“PS”), upon the Claimant (“the abuse claim”); and; the failures, on the part of its Elders, to safeguard the Claimant from acts of further sexual abuse, in circumstances where they knew PS was a paedophile, but viewed him as being repentant for his sins, thereby permitting him to remain in the congregation (“the safeguarding claim”). In…
News 7 Jul, 2016
The client (“Mr S”), a dental technician, faced charges including dishonesty in fitness to practise proceedings before the Professional Conduct Committee (“the Committee”) of the General Dental Council (“the GDC”). He was alleged to have acted beyond the permitted scope of practice by having undertaken various tasks in making “copy dentures” for a patient, without a prescription or other appropriate input from a dentist and/or a clinical dental technician. Gabor Bognar, instructed by the Bar Pro Bono Unit, represented Mr S at the misconduct hearing which took place between 31st May and 3rd June 2016. The GDC pursued the proceedings against Mr S notwithstanding that the patient who had triggered the investigation withdrew his complaint. Consequently, the prosecution’s evidence was…
News 7 Jul, 2016
Paul Rogers and Katarina Sydow were instructed to represent the Director of Public Prosecutions (“DPP”) to resist a claim for judicial review at a hearing on 28 and 29 June 2016 before Lord Justice Lloyd Jones and Mr Justice Jay. The claim was brought by the Freedom and Justice Party and members of the deposed former government of Egypt, among others, against the Foreign and Commonwealth Office (“FCO”) and the DPP, with Amnesty International and Redress intervening and the Metropolitan Police joined as an Interested Party. The Claimants sought the arrest in the UK of the current Egyptian Chief of Staff, Lt-General Hegazy, for alleged offences of torture committed in Egypt, pursuant to the universal jurisdiction provided by section 134 of…
News 7 Jul, 2016
David Russell QC has recently co-written an article for Trusts & Trustees on the topic of the Panama Papers in which he analyses some of the implications that this data leak has for the role of confidentiality in today’s world. The article draws attention on the fact that ‘(c)orruption is a crime of the powerful’ and, consequently, it has to be treated as such. David suggests therefore, that ‘courts and legislators should be astute to ensure the availability of appropriate remedies’. When speaking about the regulatory remedies against corruption, David shows that it is not obvious what are their effects on corruption, apart from the one ‘on the availability of banking services through the so-called de-risking process’. In these circumstances,…
News 6 Jul, 2016
On 27 June 2016, the High Court handed down an interesting (albeit unsurprising) decision on the substitution of principal employers and the validity of pension scheme deeds in Shannan & Ors v Viavi Solutions UK Limited & Ors, Re: the Wandel & Goltermann Retirement Benefits Scheme [2016] EWHC 1530 (Ch). The judgment is available to read here. Of central importance was the identity of the Scheme’s principal employer at various points in the Scheme’s history, all the way back to 1994. The wide-ranging judgment of Timothy Fancourt QC, sitting as a Deputy Judge of the High Court, examines issues including: the formalities required for the exercise of powers in particular a power to substitute the principal employer: Betafence Ltd v…
News 4 Jul, 2016
Outer Temple Chambers and Shepherd and Wedderburn will be jointly leading an Investigations Master Class training programme – a series of ‘learning by performing’ seminars. By taking part in this programme, people will have the opportunity to learn “how to properly scope and plan an investigation, how to question witnesses and review evidence, and how to report on the findings of the investigations” Judy Krieg, Shepherd and Wedderburn partner, advises. The seminars will start this Autumn on a first-come, first served complimentary basis. A preview night and demonstration of the programme will be delivered by a panel of experts on Tuesday 5 July 2016, starting at 5.30 pm. Chief compliance officers, General Counsel and other business leaders with responsibility for internal…
News 1 Jul, 2016
