News & Events


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

Female ASDA shop workers claiming equal pay

In a case described by the BBC as “Made in Dagenham for the 21st Century”, thousands of female ASDA shop workers are claiming equal pay with the company’s predominantly male warehouse staff, saying their own work is of equal value. Three Outer Temple barristers, Andrew Short QC, Naomi Cunningham and Keira Gore are instructed by Leigh Day for the claimants. All three were previously instructed in mass equal pay litigation against Birmingham City Council. The ASDA case is the first such claim against a private sector employer, but it is unlikely to be the last. You can read more on the BBC.

News 25 Oct, 2014

Top tier Business & Regulatory Crime set 2014

Outer Temple has been recommended as a Top tier set in Business & Regulatory Crime, by the Legal 500.

News 16 Oct, 2014

Outer Temple instructed in massive waste prosecution

Outer Temple Chambers has been instructed by the Environment Agency in an enforcement action taken against 3 companies, their directors and managers. The case is one of the most significant waste prosecutions ever brought. On 3 October 2014 Tim appeared at the PCMH in the case before His Honour Judge Piers-Higgins sitting at Hereford Crown Court. The Judge was told that the regulator alleges the defendants saved at least £2m in landfill charges by depositing over 60,000 tonnes waste unlawfully in a quarry in Shropshire. Two defendants admitted offences contrary to the Environmental Permitting Regulations. Their cases were adjourned for sentence. The case against the 3 corporate defendants and 3 other individuals was adjourned for trial following not guilty pleas.…

News 12 Oct, 2014

Benjimin Burgher addressed the Dubai Employment Lawyers group

Benjimin Burgher addressed the Dubai Employment Lawyers group, at the offices of Hadef & Partners. His presentation was on the current legislative position in DIFC employment law and he illustrated how it applies to specific circumstances.

News 12 Oct, 2014

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