News & Events

News

John McKendrick acts in landmark Court of Protection case

John McKendrick, instructed by Hannah Taylor of Bevan Brittan, acted for two health authorities and the relevant local authority in complex proceedings, resolved by Mr Justice Cobb by granting the relief sought by the applicants, permitting the sterilisation of a learning disabled woman, referred to as DD. The proceedings began in May 2014 and have involved decisions by Mostyn J, Pauffley J and Cobb J and have been reported at Mental Health Trust & DD [2014] EWCOP 11; [2014] EWCOP 13; and [2014] EWCOP 44. Mr Justice Cobb’s decision in Mental Health Trust v DD & BC [2015] EWCOP 4 is the latest decision in these complex proceedings. He concluded the evidence powerfully demonstrated DD lacked capacity to make decisions…

News 4 Feb, 2015

Military claims do not fall within the auspices of the CPR Fixed Uplift Regime

Solicitors and counsel acting for members of the military know that such claims carry their own distinct risks and thus cannot be viewed as “stereotypical” employers’ liability-type claims. In Broni, Woof and Barbour v Ministry of Defence [2015] EWHC 66 (QB), Supperstone J has confirmed that military claims do not fall within the auspices of the CPR Fixed Uplift regime as defined at Part 45 Section IV (which fixes uplift for employers liability claims at prescribed levels). In holding that members of the military were not engaged in a contract of service, it followed that they did not fall within the definition of an employee as defined by Employers Liability (Compulsory Insurance) Act 1969 (“the 1969 Act”). In these circumstances,…

News 28 Jan, 2015

Outer Temple barristers in The Lawyer’s top 20 cases for 2015

Adams & Ors v Asda Stores Ltd has been selected as one of the top 20 most important cases of 2015 by The Lawyer. Three Outer Temple barristers, Andrew Short QC, Naomi Cunningham and Keira Gore are instructed by Leigh Day for the claimants. This landmark equal pay claim is the first of its kind to be brought against a private sector employer. The full article is available online through via The Lawyer’s website.

News 19 Jan, 2015

Jersey Care Inquiry: Staff shortages brought into question

In his opening address, Counsel to the Inquiry, Patrick Sadd said remaining witnesses who lived at the care home between 1970 and up until its closure in 1986, will tell of sexual abuse from staff, other children, those visiting the home and even in one case a child who was taken from home during the night. The Independent Jersey Care Inquiry is charged with finding out what went wrong in th island’s care system from the end of the Second World War. The panel holds hearings at its Seaton Place HQ. http://www.itv.com/news/channel/update/2015-01-14/staff-shortages-brought-into-question/ http://www.bbc.co.uk/news/world-europe-jersey-30834994

News 16 Jan, 2015

Tim Green in successful prosecution of metal recycling giant following a death at work

On 19 December 2014 at Warwick Crown Court European Metal Recycling Ltd (“the company”) was sentenced to a fine of £150,000 and ordered to pay £88,000 costs following a breach of s3 (2) HSWA at their Kingsbury recycling site in Warwickshire. The company were represented by John Cooper QC and Eversheds solicitors. Tim Green was instructed by the HSE in a long and complex investigation. The prosecution followed the death of a “burner” in October 2012 whilst burning scrap metal barges boats for recycling. Tim showed the court the sub-contractor should not have been approved to work for the company because of obvious weaknesses in its method statement for cutting large size scrap metal. The sentencing Judge agreed the breach…

News 5 Jan, 2015

Local authorities are not liable for acts of abuse by foster carers

In a decision handed down on 2 December 2014, the High Court held that local authorities who place children in foster care are not vicariously liable for acts of physical and sexual abuse committed by foster carers against those children, nor are they legally responsible for those acts under a non-delegable duty of care (NA v Nottinghamshire County Council [2014] EWHC 4005 (QB)). Background NA had “a very unhappy childhood”. In 1985, she and her siblings were taken into the care of Nottinghamshire County Council (“the Local Authority”). Thereafter, NA was accommodated in her mother’s home, in a succession of residential children’s homes, and in a variety of foster placements. NA alleged that she suffered two periods of abuse when…

News 16 Dec, 2014

Harry Trusted and Ben Bradley recover 7-figure award at trial in Chronic Pain case

Harry Trusted and Ben Bradley have obtained an award of c.£1.5m for a former Sergeant Major in the Army Air Corps (net of an agreed liability deduction of 37%; equating to c.£2.4m gross). On 13 November 2006, the Claimant went into the Defendant’s hospital with the intention of ameliorating his loud snoring. The operation made no difference to that condition and later investigations appear to establish that it could not have achieved that purpose in any event. However, the Claimant did go on to suffer a significant reactive arthritis arising out of an alleged post-operative infection. Thereafter, he developed symptoms of chronic pain which left him catastrophically injured. The Defendant challenged expert assertions regarding a pessimistic prognosis, with some of…

News 15 Dec, 2014

Director crosses custody threshold after death on building site

On 2 December at Stafford Crown Court Lee Cottrill, a company director, was sentenced to 3 months imprisonment suspended for 12 months for health and safety offences. Mr Cottrill was for 20 years a company director of Albion and Tower Scaffolding and had admitted that whilst a director of Albion he has consented or connived in the construction of an unsafe system of scaffolding built around a warehouse outside Burton on Trent. Tim Green was instructed by the HSE to prosecute the case. Three other defendants also pleaded guilty. The Judge found that in respect of each defendant their breach of health and safety law was a significant cause of death. The total fines and costs imposed exceeded £150,000.

News 3 Dec, 2014

High Court success for Fiona Horlick

Fiona Horlick successfully represented a doctor who appealed against a GMC MPTS panel’s decision to hear his FTP case in his absence and where he had no legal representation. The issues in the case were very serious, justifying erasure. The High Court ruled that the ‘panel erred in a number of serious ways in their approach to the exercise of their discretion’.

News 2 Dec, 2014

Upper Tribunal publishes decision on disclosure and privilege in pensions reference proceedings

The Upper Tribunal (tax and chancery chamber) has published an important decision on disclosure and privilege in Contribution Notice reference proceedings before the Upper Tribunal. The decision will be of interest to pensions and financial services practitioners. Richard Hitchcock QC, Farhaz Khan and Saaman Pourghadiri act for the trustee. Nicolas Stallworthy QC acts for two of the targets.

News 20 Nov, 2014

David Russell QC joins Outer Temple

We are delighted to announce that David Russell QC, formerly a door tenant, has accepted an offer to become a full Member of Outer Temple Chambers. In the last twelve months, David has been working closely with the business department in Chambers to promote a presence in the Middle East. He has significant experience and contacts in the region and he relocated his principal base to Dubai earlier this year. He is admitted to practise in Australia, England and Wales, the United States, the Courts of the Dubai International Financial Centre, New Zealand and Papua New Guinea.

News 14 Nov, 2014

Sarah Crowther joins Outer Temple

Outer Temple is delighted to welcome Sarah Crowther to our team. Sarah is a specialist in all claims for injury, illness, accident or disease involving an international element. She also has an established employment and public law practice which focuses on discrimination, especially in the supply of goods and services. In the recent Chambers & Partners edition Sarah is noted as “A very tenacious advocate, who is very persuasive and always thoroughly prepared.” “She can be relied upon to provide robust and commercial advice, whilst also showing a caring and compassionate nature when meeting with lay clients.”

News 11 Nov, 2014

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