News & Events
News & Events
Barend Delport, a family doc, has been jailed for six years for taking 800 indecent photos of women and girl patients. To read the full BBC News article click here. More on the story: Scottish Daily Express Jailed: Family doctor who deceived female patients into… Mail Online UK Family doctor Barend Delport jailed for 6 years for photographing patients Heart Radio Swanley; GP Jailed Bexhill Today Six years for sex photos doctor London Evening Standard Jailed: family GP who sexually assaulted and took photos of women and girls
News 9 Sep, 2013
Outer Temple is delighted to announce that it has received three nominations in the 2013 UK Bar Awards. Our Personal Injury and Clinical Negligence teams are jointly shortlisted for Set of the Year. Along with our Professional Discipline team who are shortlisted for Set of the Year. David Morris is nominated in the Professional Discipline Junior of the Year category. The nominations confirm Outer Temple’s continued authority in these two practice areas. In 2012 Gerard McDermott QC won Personal Injury/Clinical Negligence Silk of the Year, the title held the previous year by David Westcott QC. Our Professional Discipline team receives its second consecutive nomination for Set of the Year, having won the award in 2012. Charles Foster was the Professional Discipline Junior…
News 1 Sep, 2013
Two members of Chambers (instructed by Rebecca Dixon of Stewarts Law LLP) have recently been involved in assisting an Australian national to obtain a significant award before the First-Tier Tribunal (Criminal Injuries Compensation). The Appellant was injured in an unprovoked attack in London in 2004, which caused the client to suffer a brain injury. The CICA had initially contended that the Appellant was not entitled to any form of award at all by reason of his alleged conduct prior to the incident. Stephen Climie represented the Appellant at the eligibility hearing. Having heard evidence from the original officer in the case, the Tribunal concluded that the Appellant was subjected to an unprovoked attack, and as such was entitled to a…
News 21 Aug, 2013
John McKendrick, instructed by Weightmans solicitors, has appeared for the local authority in a ground breaking case before the Court of Protection. Today, Mrs Justice Eleanor King has made legal history by granting an application for a declaration that it is lawful and in the best interests of an incapacitated adult to undergo a non therapeutic sterilisation. This is believed to be the first time a court in this jurisdiction has approved such a procedure being carried out on a man who is incapable of consenting. John acted for the local authority, who argued the incapacitated man should undergo the sterilisation procedure to provide him with greater independence and to safeguard his relationship with his long term girlfriend. The man…
News 15 Aug, 2013
Robin has a broad financial & regulatory crime practice, with an emphasis on market abuse, insider dealing, serious fraud, corruption and corporate crime. He is currently acting for clients in the two most high profile insider dealing investigations brought by the FCA to date (Operations Tabernula and Saturn), a $1billion SFO-prosecuted real estate fraud, and is Independent Counsel in an international FCA investigation into market abuse. Robin is recommended in the leading legal directories and is widely regarded as one of the truly leading juniors in his fields of expertise. Chambers & Partners 2013 describes him as “an outstanding junior who is always prepared to go the extra mile for solicitor and client”. Read Robin’s article on SAC Capital in…
News 14 Aug, 2013
Pell Frischmann v Others HC12E02792 2013 EWHC 2203 (CH) Most members of occupational pension schemes involved in a pensions dispute prefer to have their dispute determined by the Pensions Ombudsman (“PO”) rather than the Court. The reason for such a choice is a simple one; issuing Court proceedings exposes a member to the risk of having to pay the costs of the trustees and/or employer. Complaining to the PO does not. However, the applicable statutory regime prevents the PO from investigating when Court proceedings have already been commenced. In general terms the reverse is also true i.e. the Court will not entertain proceedings if a dispute has already been referred to the PO. When the member’s preference for the PO is…
News 7 Aug, 2013
This morning the Court of Appeal handed down judgment dismissing the appeal of Paul Lamb and Jane Nicklinson, but upholding the appeal (by a majority) of AM. Charles Foster and Ben Bradley were instructed by Barlow Robbins LLP to intervene in both appeals on behalf of the Care Not Killing Alliance. Paul Lamb sought 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) averred that the current state of law of murder is incompatible with their respective Article 8 European Convention rights. They sought an active change…
News 30 Jul, 2013
Outer Temple welcomes the reforms to the coronial system which take effect from today. There is no dispute that the changes set out in the Coroners and Justice Reform Act 2009 are long overdue. In many ways some will say that they do not go far enough. The original provision for appeals to the Chief Coroner fell by the wayside, and nothing in the Act changes the local resourcing structures which can often be the root cause of inconsistent standards of service. The new provisions do to a considerable extent re-enact the current legislative framework, such that the reforms are not likely to herald a revolution in and of themselves. But the raft of powers given to the Chief Coroner…
News 25 Jul, 2013
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 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
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 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
