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News

Tom Gibson wins in Court of Appeal pro bono case

Tom Gibson appeared for the successful appellant in the Court of Appeal in Duffy v George [2013] EWCA Civ 908 (http://www.bailii.org/ew/cases/EWCA/Civ/2013/908.html). In allowing the appeal and remitting the case, the Court of Appeal set out useful guidance on how employment tribunals should set fair procedures for accommodating vulnerable witnesses. In particular, the Court of Appeal said that in sexual harassment cases employment tribunals could consider (1) putting questions to a party itself rather than allowing a claimant to be cross-examined by a respondent in person, (2) hearing evidence from each party separately and in the absence of the other party, and (3) allowing witnesses to give evidence from behind screens, as happens in the criminal courts. Tom appeared for the…

News 24 Jul, 2013

Samantha Cooper successfully defends appeal in the EAT

Samantha Cooper recently appeared in a 2 day hearing before the EAT where she succeeded in defending an appeal based upon the “unusually robust” language used by the Tribunal Judge in his Judgment. The appeal considered interesting questions as to the extent to which the use of robust language in a Judgment is indicative of a lack of objectivity by the panel and the scrutiny to which Judgments and the reasoning behind them may be subject at appellate level as a result of the use of such language.

News 16 Jul, 2013

Clare Baker and Farhaz Khan comment in The Lawyer magazine

The doctrine of contractual estoppel looms large in cases where a counterparty to a bank alleges that the bank is liable to make good losses suffered as a result of entering into a financial transaction that has turned out to be unfavourable to the counterparty. A formidable body of banking cases shows that parties to a transaction may agree that a particular state of affairs is to be the basis on which they are contracting, regardless of whether or not that state of affairs is true, and that such an agreement may give rise to a contractual estoppel, precluding the assertion of facts inconsistent with those that have been agreed to form the basis of the contract: see the archaeology…

News 26 Jun, 2013

Recent case law highlights the subjective nature of what constitutes breach of contract

Recent case law has confirmed the level of difficulty encountered when attempting to persuade the courts to intervene at an early stage in trust disciplinary proceedings. That the courts may intervene where it is deemed appropriate was clearly stated in Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58, in which Lord Dyson said that where an employer starts a disciplinary process in breach of an express term of the employment contract ‘it is open to the employee to seek an injunction to stop the process and/or to seek an appropriate declaration’. Read the full article, by Michael Uberoi and James Leonard, in The Lawyer Magazine.

News 26 Jun, 2013

Naomi Ling comments in The Lawyer magazine

Employment litigation has not been immune from the effects of the Jackson reforms nor from those designed to reduce the financial burden on the public purse. The clutch of initiatives coming into force this summer includes measures intended to reduce litigation in the employment tribunals (ETs), such as a compulsory period for conciliation and fees to present a claim and to progress it to hearing. ETs have never previously demanded fees of any kind but from 29 July claimants will be required to pay £160 and £230 for issue and hearing respectively of simpler claims such as deductions from wages. For other claims, such as unfair dismissal and discrimination, the corresponding sums are £250 and £950. Read the full article…

News 25 Jun, 2013

Old Girls Allowed

On Thursday 23 May, Outer Temple Chambers was the venue for a rather unusual gathering, when Old Girls from Knighton House School – a prep school in Dorset – gathered from around the country to spend an evening ‘in conversation with Josceline Dimbleby’. Jossy Gaskell, as she was known when she attended Knighton in the 1950s, recalled memories of her time at the boarding school in Dorset and regaled the guests with stories of dungarees, bonfire night parties and dormitory fun and games. During her time at Knighton Josceline was a member of the choir and was noted for her singing, which is why the evening was made even more special with a performance by the school’s Chapel Choir who…

News 3 Jun, 2013

Richard Hitchcock and Farhaz Khan act in the first Judicial Review of the Pensions Regulator

Richard Hitchcock and Farhaz Khan acted for Garvin Trustees Limited, the Trustee of the Desmond & Sons 1975 Pension and Life Assurance Scheme as a notice party responding to an application for leave to bring a claim for Judicial Review made by the former directors and shareholders of Desmond & Sons Limited, the sponsoring employer of the scheme.

News 23 May, 2013

Thomas Gibson appears in Court of Appeal pro bono employment case

Thomas Gibson appeared recently in the Court of Appeal (Mummery, Patten and Pitchford LJJ) in Duffy v George, on appeal from the Employment Appeal Tribunal. The appeal raised interesting questions on the way employment tribunals should handle potentially vulnerable witnesses in sexual harassment cases, and the extent to which an individual respondent, acting in person, should be allowed to cross-examine them. Judgment was reserved. Tom appeared pro bono for the appellant via the Free Representation Unit (FRU), a charity that provides pro bono legal advice, case preparation and advocacy (see www.thefru.net).

News 19 May, 2013

Charles Foster and Ben Bradley appear in euthanasia appeals

Charles Foster and Ben Bradley, instructed by Barlow Robbins, are currently intervening in the conjoined appeals of AM, Nicklinson and Paul Lamb, on behalf of the Care Not Killing Alliance. The case is being heard before the Lord Chief Justice, the Master of the Rolls and Elias LJ in the Court of Appeal. It has has attracted international media attention. Paul Lamb seeks to expand the doctrine of necessity so as to provide a defence to anyone who, at his request, killed him. Both he, and Jane Nicklinson (bringing an action in her own right, and on behalf of the estate of her late husband) aver that the current state of law of murder is incompatible with their respective Article…

News 14 May, 2013

Robert Rhodes QC appointed as a Fellow of the Chartered Institute of Arbitrators

Robert Rhodes QC, complementing his earlier appointment To the Panel of Advisors of the Financial Arbitration and ADR Center of the Central University of Finance and Economics, Beijing; and To the Panel of Mediators of the China Council for the Promotion of International Trade has been appointed a Fellow of the Chartered Institute of Arbitrators.

News 13 May, 2013

Ben Compton QC has successfully defended a lifeguard involved in a swimming pool tragedy

Kelly Woods, a lifeguard employed by DC Leisure (a swimming pool centre in Wolverhampton) was finally found not guilty on a s.7 HSWA 74 offence at Wolverhampton Crown Court, after a five year battle to clear her name.

News 9 May, 2013

Outer Temple’s employment team are shortlisted in The Lawyer Awards

Outer Temple is delighted to announce that its employment team, along with Leigh Day, are short listed in the category Employment Team of the Year by The Lawyer Awards. Outer Temple is the only chambers to feature in this category. The other nominees are Baker & Mckenzie, Eversheds, Fox Williams, Freshfields Bruckhaus Deringer and Wragge & Co. For more information click here.

News 8 May, 2013

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