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Sarah Crowther successful in French law RTA case

Sarah Crowther has recently successfully acted in a multi-vehicle road accident case in which a man died and another has been injured after an uninsured driver crashed into them in Thais, France. The men were waiting at the side of the road for a wheel on their car to be changed by a local recovery truck driver when the accident took place. The claim has been made by the wife of the man who died in the accident and a judgment was handed down on Friday, 27 November 2015. Dingemans J found that, according to the connecting factors of the accident under article 4(3) of the Rome II Regulation, the correct law for that claim was French law. Applying principles…

News 4 Dec, 2015

Saul Margo succeeds in the ongoing part-time judges litigation

In Ministry of Justice v Burton & Anor, the EAT has upheld the decision of an employment tribunal that two part-time judges of the Residential Property Tribunal had been treated less favourably than their full-time equivalents in the First-tier Tribunal Tax Chamber. The case can be found on Westlaw here.

News 3 Dec, 2015

How do courts determine care claim quantums?

The Court of Appeal has handed down judgment in Reaney v University Hospital of North Staffordshire NHS Trust. The Court allowed the Defendant’s appeal against a finding of Foskett J that the Trust should be liable to pay the Claimant’s full damages because they negligently worsened the Claimant’s pre-existing condition. David Westcott QC was instructed for the successful Defendant for the appeal alongside Charles Feeny, who had represented the Defendant at first instance. Please click here to find out more from a case commentary written by Gus Baker, Outer Temple Chambers pupil.

News 2 Dec, 2015

James Counsell acts in disbarment of dishonest barrister

James Counsell represented the Bar Standards Board (BSB) in disciplinary proceedings brought against a Bahamas based barrister for dishonestly declaring he had a degree from the University of London when he did not. After a two-day hearing on 2 and 3 November 2015, an independent disciplinary tribunal ordered that the barrister, Mr Shavon Bethel, should be disbarred from the Bar of England and Wales. This decision followed the BSB taking enforcement action against Mr Bethel after it had emerged that he had falsely claimed to have been awarded an LLB law degree by the University of London. To back up this claim, Mr Bethel produced fake degree certificates dated March and July 2005. Mr Bethel made the false claim in…

News 27 Nov, 2015

A patient’s decision to refuse dialysis against opposing Hospital

John McKendrick has been instructed in a Court of Protection case where King’s College Hospital NHS Foundation Trust made an application to provide life-saving treatment against a patient’s will. The patient’s daughter, John’s client, argued that her mother was able and entitled to make the decision to refuse the treatment, despite it being a difficult decision. The Hospital Trust attempted to show that the patient lacked capacity to decide on ending her own life. Following a ten hour hearing, the Judge dismissed the Trust’s application, as he was not persuaded by the hospital’s arguments, although he noted that it was right to make the application. Press coverage of the case can be viewed  here. The court’s judgment can be viewed here.

News 20 Nov, 2015

Global Investigations and Judicial Oversight

Outer Temple Chambers and the FSLA hosted a seminar, Global Investigations and Judicial Oversight Seminar, on Tuesday 17 November. Richard Lissack QC chaired a panel of influential legal figures within the financial service sector including: Judge Timothy Herrington, Judge in the Upper Tribunal Mark Steward, FCA, Executive Director of Enforcement and Market Oversight Stephanie Pagni, Global Head of Litigation, Barclays Bank Dorian Drew, Partner, Clifford Chance Richard Hitchcock QC, Barrister, Outer Temple Chambers Before an audience of over 150 specialist lawyers in Inner Temple Hall the panel discussed their experience of major global investigations over the last few years (such as the LIBOR and FOREX investigations). The debate considered how regulators and prosecutors, and firms, might work together more efficiently when faced…

News 19 Nov, 2015

John McKendrick successfully defends the Secretary of State for Justice

John acted for the Secretary of State defending a challenge to the purported failure of the Secretary of State’s officials to provide the claimant with access to rehabilitative resources to permit his release from prison. Mr Justice Kerr dismissed all four grounds of challenge in the claim for judicial review (R ota Tait v SSJD [2015] EWHC 2952 (Admin)), applying the Supreme Court’s decision of R. (on the application of Kaiyam) v Secretary of State for Justice [2014] UKSC 66, [2015] A.C. 1344. The case can be found on Westlaw here (subscribers only).

News 4 Nov, 2015

Ben Compton QC awarded “Health & Safety Silk of the Year“

Ben Compton QC has been awarded the accolade of Health & Safety Silk of the Year 2015 at yesterday’s Chambers & Partners Bar Awards. He was nominated in this category last year so this year’s success is a tribute to his expertise and commitment to the field of Health & Safety.

News 28 Oct, 2015

Lifetime achievement award for Christopher Wilson-Smith QC

Described by some as a “force of nature”, Christopher Wilson-Smith QC yesterday won the Lifetime Achievement Award at the Chambers & Partners 2015 Bar Awards. After 50 years of practice, his dedication, energy and expertise remain undiminished.

News 28 Oct, 2015

Failure to return ashes of babies a breach of Human Rights

Solicitors’ firm, Slater & Gordon, is representing 19 parents caught up in the Emstrey Crematorium scandal in Shrewsbury who are now taking legal action against Shropshire council. Lawyers acting for the bereaved families say the crematorium breached the Human Rights Act by failing to return the ashes of their babies. Between 1996 and 2012 the equipment for cremation used the same setting for adults and children, which made it difficult to recover small amounts of ashes. An inquiry led by Shropshire council earlier this year found more than 50 families had been affected. It also emerged that parents in other parts of the UK had suffered similar experiences. Bereaved families in Shrewsbury founded the ‘Ashes 4 Ashes’ group which visited 10…

News 26 Oct, 2015

Independent Jersey Care Inquiry Phase 2 commences

The second phase of the Independent Jersey Care Inquiry (IJCI) has just got underway. Counsel to the Inquiry, Mr Patrick Sadd, has provided a summary of Phase 1 and the witnesses who have given evidence so far – many raising allegations of abuse suffered in the care of the States. Evidence in Phase 2 will be heard from different groups of witnesses from various authorities: the States of Jersey Police (SOJP), the Honorary Police, politicians, law officers, former law officers and the Bailiff. Mr Sadd also listed some of the events between 1989 and 2010 that formed a backdrop to Phase 2, including convictions of abusers, the dropping of charges against alleged abusers and the establishment and closing down of…

News 20 Oct, 2015

Circuit Judge appointment: His Honour Judge Climie

Outer Temple Chambers is delighted to note the elevation of Stephen Climie to the bench as a circuit judge. He will be deployed to the South Eastern Circuit, based at Guildford Crown Court with effect from 15th October 2015. Our congratulations and best wishes to his Honour Judge Climie. His Honour was called to the Bar in 1982, appointed as an Assistant Recorder in 1998 and as a Recorder in 2000.

News 14 Oct, 2015

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