News & Events
News & Events
The Independent Jersey Care Inquiry started on Tuesday (22 July) with opening remarks from Inquiry Chair, Francis Oldham QC, who renewed her appeal for witnesses and said they can give evidence anonymously. She said that although oral evidence will begin on 29 July witnesses can come forward at any time. The panel heard that 192 people have alleged 532 offences between 1947 and 2004. Patrick Sadd and Harriet Jerram, co-counsel to the Inquiry, set out details of Phase 1 of the Inquiry. In his opening comments, Patrick Sadd said it was “too late to right the wrongs of the past” but the issues needed to be brought into the open. He said parts of the inquiry would be “distressing and controversial”. Harriet Jerram said…
News 22 Jul, 2014
John McKendrick, instructed by Hannah Taylor of Bevan Brittan, appeared for the applicant health bodies and local authority in complex proceedings before the Court of Protection to declare a patient lacks capacity to make decisions about the place and mode of delivery of her unborn baby and to declare that it is in her best interests to be the subject of a placental location scan, forced caesarean section and to receive contraception following the birth of her child. Mr Justice Cobb acceded to these declarations and authorised the applicants to use reasonable force and restraint to access the patient’s home. He also declared force could be used, in the exceptional circumstances of these proceedings, to grant the applicants authority to…
News 15 Jul, 2014
Introduction Experts’ literature is an area that is often overlooked in clinical negligence cases – at least until a trial is almost upon the parties. However experts’ literature deserves more attention in the earlier stages of cases because of the devastating effect that it can have at trial, as the recent High Court case of Sardar v NHS Commissioning Board [2014] EWHC 38 (QB) demonstrates. This article reviews the law and procedure on experts’ literature and examines the practical use of experts’ literature at trial in Sardar v NHS Commissioning Board, before drawing conclusions applicable to all clinical negligence practitioners. Experts’ Literature – The Law & Procedure What happens (in theory) In theory, all literature should be served with an…
News 22 Jun, 2014
John McKendrick has been invited by the Inter American Development Bank to speak on the subject of “Effective Oversight of Procurement” at their major regional conference entitled: “Public Procurement: A strategic Government Tool for Efficiency and Prosperity”. John will be speaking with a line up of distinguished speakers to an audience of mostly Caribbean public officials and private sector representatives. The conference takes place in Port of Spain on Monday 23 June 2014. John last visited Trinidad as part of a Caribbean visit for the Foreign and Commonwealth Office when he addressed issues of transparency, corruption and anti-bribery measures in a number of Central American and Caribbean jurisdictions. John is the contributor to the Latin American chapter of the forthcoming…
News 19 Jun, 2014
Outer Temple is delighted to announce that Gerard McDermott QC was presented the award of ‘Excellence in Legal Care’ on the evening of Thursday 6 June 2014 at the SIA’s ‘Rebuilding lives after spinal cord injury’ awards. Gerard was nominated for the award by the SIA. The organisers stated that The Excellence in Legal Care Award will be presented to an individual who has gone above and beyond their job role, to assist an individual as they rebuilt their life after spinal cord injury, or to contribute towards the aims and objectives of SIA.
News 5 Jun, 2014
They were invited to speak to over 150 Health & Safety Lawyers and Professionals on the emerging trends in Corporate Manslaughter prosecutions and sentencing. The lecture focused primarily on the prosecution of the Princess Sporting Club and also considered the recent costs order made against the HSE in the Binnings case. Ben is Head of Outer Temple Chambers Health & Safety Team and is recognised as a leading expert on Corporate Manslaughter prosecutions and investigations. James was retained as Counsel for the Princes Sporting Club. Download the Lecture Pack here.
News 15 May, 2014
Richard Lissack QC and Eleanor Davison are speaking at Herbert Smith Freehills ‘Corporate Crime & Investigations Conference’, 20th May 2014. Richard Lissack QC and Eleanor Davison were invited as key panel speakers at this inaugural lecture. Speakers included Director of Public Prosecutions – Alison Saunders and SFO Director – David Green QC, hosted by Rod Fletcher, HSF provided a number of panellists from their London, New York, Paris and Hong Kong offices. Richard was tasked with providing a defence perspective on international investigations and alternative resolutions to criminal matters with a particular focus on Deferred Prosecution Agreements. Eleanor guided the delegates through the Treasury’s Review of Enforcement procedures for the FCA and PRA Regulatory financial crime priorities, and trends in…
News 9 May, 2014
Fifteen Outer Temple barristers, including six QCs, and three Chambers directors will be in Dubai from 5th – 8th May meeting with, and presenting to, a range of organisations, local law firms and businesses. The visit includes a reception for around 70 guests at the Capital Club Dubai. The visit welcomes David Russell QC who has relocated his principal base to Dubai, marks the permanent presence of OTC in Dubai, and reaffirms the commitment of Outer Temple Chambers to working in the Middle East. Among those visiting Dubai is Ali Almihdar the only English-qualified barrister who is a Saudi lawyer; he is head of Almihdar Law Firm based in Jeddah. Andrew Spink QC, head of the business department at Outer Temple…
News 27 Apr, 2014
Tom Gibson appeared recently for an NHS Trust in a successful Mitchell-type strike out of a clinical negligence claim. The case (HP v Norfolk Community Health and Care NHS Trust) involved an alleged failure to consent the claimant properly for an operation. The defendant Trust had denied liability. Applying the landmark case of Mitchell v News Group Newspapers Ltd, DJ Russell (Norwich County Court) held that the claimant’s claim should be struck out for two failures to comply with court orders: a failure to serve a condition and prognosis report (which had been served 10 days late) and a failure to serve witness evidence (which was 5 days late and counting at the date of the hearing). The claimant’s two…
News 24 Apr, 2014
A landmark judgment has been handed down in the IBM Project Waltz proceedings, in which Outer Temple silks Andrew Spink QC and Nicolas Stallworthy QC appeared for the Trustee of IBM’s two principal UK defined benefit pension schemes and the Representative Beneficiaries respectively. In 2009 IBM announced that, with effect from 2011, the two schemes would close to further benefit accrual, IBM UK’s longstanding early retirement policy would become much more restrictive and salary increases would only be offered in future to members of the schemes if they signed “Non Pensionability Agreements” (under which any such increases would not count as “pensionable salary” so as to feed into the calculation of their past service benefits). This controversial package of proposals,…
News 6 Apr, 2014
“David clearly demonstrated a path of excellence in the taxation arena and is truly deserving of the Chartered Tax Adviser award.”
News 27 Mar, 2014
On 1 April 2014, a new and improved criminal cartel offence will be introduced in the UK by virtue of s47 of the Enterprise and Regulatory Reform Act 2013 (ERRA13). By removing the requirement for an individual to have acted dishonestly in relation to commercial arrangements which involve deliberate price-fixing, market sharing, bid-rigging and limiting output, the new offence should make it easier for the Competition & Markets Authority (CMA) and Serious Fraud Office (SFO) to launch prosecutions of individuals involved in prohibited hardcore cartels. However, by omitting to change the cartel offence so that it embraces corporate criminal liability as well, the question remains: Could the CMA or SFO charge a company with cartel crime? Just as I set…
News 26 Mar, 2014
