News & Events
News & Events
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
On 9 June 2016, James Counsell represented the Bar Standards Board in disciplinary proceedings brought against employment barrister, Damian McCarthy, for dishonestly forging client care letters when acting for a public access client. The hearing that took place over four days was the second time that a tribunal has disbarred Mr McCarthy for these actions. He was first disbarred in 2011 in earlier proceedings in which James was not involved. That disbarment was overturned by the Court of Appeal in 2015, due to a procedural error made by the BSB during the original disciplinary tribunal. The 2016 independent tribunal found both allegations proved and disbarred Mr McCarthy from practising as a barrister. Click here to read more about the case.
News 24 Jun, 2016
Outer Temple Chambers is pleased to announce that Gordon Bebb QC will give talk at the Clinical Negligence 2016 Conference, an event accredited by APIL and expected to take place on 8th June in London. A selection of topics to be covered relate to psychiatric injuries for secondary victims; hospital deaths; losses measurement; fixed costs in clinical negligence or recent developments in causation. Gordon will open the event by exploring the subject entitled “Psychiatric Injuries for Secondary Victims – Hot Topics and Perennial Problems”. Both Chambers & Partners and Legal 500 identify Gordon as a leading silk in professional disciplinary and regulatory law. With an impressive background, he has become a specialist in the areas of clinical negligence, personal injury…
News 20 Jun, 2016
Oliver Powell, led by Senior Treasury Counsel, was instructed by the Crown Prosecution Service in confiscation proceedings that emanated from convictions in relation to the sale of fake bomb detectors. On 23 April 2013 Mr McCormick was convicted of three counts of fraud contrary to s.7(1) FA 2006 and was sentenced to ten years imprisonment. Owing to the fact that Mr McCormick had benefitted from his criminal conduct the Court directed that there be confiscation proceedings. At the hearing this week, HHJ Hone QC ordered that the benefit of Mr McCormick’s offending amounted to a sum in excess of £21 million and that Mr McCormick had realisable assets totalling nearly £8 million. The realisable assets included a number of properties, motor…
News 17 Jun, 2016
Through his article for this month’s IBA Anti-Corruption newsletter, Michael explores concerns about the DPA procedure and makes a detailed analysis of both the transparency of the DPA investigative process and the potential unfairness in the naming of third parties. As a starting point, Michael and the co-author remind the reader about the first DPA that has been approved by an UK Court, in a case related to the failure of Standard Bank PLC to prevent bribery in Tanzania. This case’s circumstances “give rise to two legitimate general concerns, namely the level of transparency in the investigative process leading to a DPA, and the fairness of naming a person as being guilty of bribery in circumstances where that person has…
News 16 Jun, 2016
Patrick Sadd and Paul Livingston have been instructed as Junior Counsel to the Independent Inquiry into Child Sexual Abuse, chaired by the Hon. Dame Lowell Goddard, DNZM. Patrick Sadd is to be Junior Counsel leading the investigation into Nottinghamshire Councils, assisted by Paul Livingston. Both come from having been Counsel to the Independent Jersey Care Inquiry for the last two years, investigating allegations of child abuse in Jersey’s care system over the past 70 years, the institutional responses and the management of children’s homes over the period. During the investigation, the Inquiry analyses the nature of the abuse that may have taken place under the care of Nottingham City and Nottinghamshire County Councils and consider how these authorities protected children…
News 15 Jun, 2016
Ben Compton QC and Paul Rogers defend South Lakes Safari Zoo Limited and David Gill, its sole director, in the tiger killing case involving a 24 year old zoo handler, Sarah McClay. Both company and director originally faced a 14 count indictment alleging widespread systemic failures in relation to the running of the tiger house. However, following successful negotiations, the prosecution agreed to drop all counts (seven in total) including four s.37 allegations against David Gill and the company pleaded on a prepared and limited basis to a section 2 and 3 offence under the Health and Safety at Work Act 1974. The section 2 offence concerned failings in the zoo’s risk assessment to have a suitable and sufficient maintenance…
News 14 Jun, 2016
The conference, which is to be held on Thursday 9th June 2016, is being organised by the Centre of Construction Law at Kings’s College. It aims to discuss the issues arising in the relationship between constructors and consumers, with a particular emphasis on the latter’s legal rights and protection. The outcome of the event is to define the best practice to use in this area of construction law, to identify directions to follow and to facilitate the interaction between practitioners in the field. Ian Bailey is recognised as one of Australia’s foremost construction practitioners, with a deep industry knowledge gained through his previous career as an architect (ten years on commercial and residential projects in Sydney). Many practitioners as well…
News 7 Jun, 2016
“Corporate Crime analysis: What should potential defendant NHS Trusts take from the ruling in R v Cornish and another? James Leonard of Outer Temple Chambers, who represented Dr Cornish, considers this first prosecution of a health service body following the introduction of the offence under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007).” James’ reputation is for prompt assistance to all professional clients in all disciplines; detailed preparation, calm, reasoned and practical advice for all lay clients as well as robust advocacy, fearless cross examination and sound tactical sense in Court. In medical tribunals, James represents clients up to Consultant level in relation to health and misconduct issues with a particular emphasis on serious clinical incompetence, dishonesty, fraud…
News 6 Jun, 2016
After an open competition, John McKendrick QC will replace Rupert Jones as Attorney General for Anguilla. The effective exercise of John’s mandate will start on 1 September this year and is expected to last for two years. John is a highly experienced litigator and adviser with a diverse practice distinguished by his formidable advocacy, his pragmatic hands-on approach and his ability to build relationships with clients. He was appointed a part time judge at the age of 34 and took silk at 39. Being a versatile advocate with a diverse practice, he works in the UK, across Latin America and in the Caribbean. John has recently visited Anguilla in order to meet his future colleagues and other stakeholders.
News 6 Jun, 2016
Michael Bowes QC and Katarina Sydow were invited to participate in the Global Sustainability Network Forum at Westminster Abbey on 31st May 2016. Discussion focused on how governments could be encouraged to tackle human trafficking and modern day slavery, including by enacting and applying legislation such as the Modern Slavery Act 2015. Outer Temple’s members are experienced in advising governments, civil society and commercial organisations on the rule of law, with particular expertise in transparency and anti-corruption measures. Click here to read more about the organisation’s work.
News 2 Jun, 2016
