News & Events
News & Events
The inquest into the tragic death of Archie Battersbee started on Tuesday 7th February 2023, with Carin Hunt representing Barts Health NHS Trust and Mid & South Essex NHS Trust; the Trusts that operate the hospitals where Archie was treated. Archie Battersbee was found unconscious at home on 7 April 2022 by his mother. Following treatment at the scene by paramedics he was conveyed to hospital. Sadly, Archie’s doctors suspected brain stem death and applied to court for a declaration that it would be lawful for them to undertake brain stem testing, as Archie’s parents did not want the testing to take place. A lengthy legal dispute in respect of Archie’s treatment ensued. Pursuant to an order of the court,…
News, Public Law 9 Feb, 2023
The Women and Equalities Select Committee invited Naomi Cunningham to a formal meeting on the Gender Recognition Reform (Scotland) Bill and Equality Act Naomi Cunningham appeared last week before the Women and Equalities Select Committee to discuss the interaction between the Equality Act 2010 and the Gender Recognition Act 2004. She appeared before MPs beside Lord Falconer of Thoroton KC, Robin White (Barrister, Old Square Chambers) and Dr Michael Foran (Senior Fellow and Lecturer in Public Law at Glasgow University) to explore the repercussions of the Scottish Government’s Gender Recognition Reform Bill. Cross-party MPs were told that the SNP’s Gender Recognition Reform (Scotland) Bill (GRR) will change the legal definition of sex for both men and women, to the extent that…
News, Public Law 9 Feb, 2023
On 11th November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja. John McKendrick KC acted on behalf of the first and second respondent. On 11 November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja [2022] EWCA Civ 1492 and permitted press reporting of proceedings which began in June 2020. The proceedings relate to the property and welfare of Srichand Hinduja, the eldest of the four Hinduja brothers. Court of Protection In two judgments delivered in August 2022, (Hinduja v Hinduja [2022] EWCOP 36 and Hinduja v Hinduja [2022] EWCOP 37), Mr Justice Hayden lifted nearly all reporting restrictions in the case. His Lordship’s order was appealed to the Court of Appeal by Srichand’s brother Gopichand Hinduja. The Court of Appeal The Court of…
News, Public Law 15 Nov, 2022
The OAS Administrative Tribunal has handed down judgment in Griner v Secretary General of the OAS, judgment no. 169. Alex Haines and Victoria Brown appeared for the successful Complainant during a three-day hearing at the OAS’s headquarters in Washington DC in April 2022 before all six judges of the Tribunal sitting en banc for the first time. In its historic decision, the Tribunal changed the applicable standard of proof for cases of serious misconduct. The landmark win entirely vindicates Mr Griner, whom the Tribunal ordered be re-instated with back-pay, or be awarded the maximum available under the Tribunal’s Statute; the latter for only the second time in the Tribunal’s history, and for the first time since the 1980s. The Trump…
News, Public Law 4 Oct, 2022
OTC’s Robert Dickason is instructed for the Department of Levelling Up, Housing and Communities in the UK Covid-19 Inquiry. Following the official launch by Baroness Hallett of the UK Covid-19 Inquiry on 21st July 2022, and the commencement of Module 1 focusing on the UK’s preparedness for a pandemic, the process of evidence gathering is already underway. OTC’s Robert Dickason, one of the Attorney-General’s B Panel counsel, is instructed for the Department of Levelling Up, Housing and Communities (formerly the Ministry of Housing, Communities and Local Government). Robert’s instruction reinforces OTC’s involvement in the Inquiry from its outset. See also our recent announcement of Paul Livingston and Joshua Cainer joining the Inquiry’s legal team here. The next 12 months sees…
Covid-19, News, Inquests & Inquiries during Covid-19, Public Law 1 Aug, 2022
The UK Covid-19 Public Inquiry has now officially opened, headed by Baroness Heather Hallett who has appointed 50 junior Counsel to the legal team including OTC’s Paul Livingston and Joshua Cainer. Baroness Hallett launched the UK Covid-19 Inquiry on 21st July 2022 and opened its first investigation into the preparedness of the UK for a pandemic. Baroness Hallett also set out the timetable for the first 12 months of the Inquiry saying, “It’s time for facts, not opinions – and I will be resolute in my quest for the truth. The Inquiry is already gathering evidence and I will be holding public hearings next year.” The next 12 months sees Module 1 looking into the UK’s preparedness for a pandemic.…
Covid-19, News, Inquests & Inquiries during Covid-19, Public Law 29 Jul, 2022
Alex Cisneros appeared in a recent reported case before the Court of Protection, in which the Court investigated an unusual situation involving restrictions imposed on a young man at serious risk of offending. The case involved a young man with a history of offending and variable compliance with authorities. There was a risk, given his offending history and drug and alcohol reliance that the court would be forced to place him in a highly restrictive environment. Ultimately, the local authority adopted a multi-disciplinary approach and a solution was found. Alex Cisneros represented the local authority, who the court thanked for its “hard work” to find a safe placement for the protected party that would not be unnecessary restrictive. The case…
News, Public Law 9 Dec, 2021
John McKendrick QC, leading Ian Brownhill and Helen Laws, and instructed by Karen Jackson at Enable Law, appeared in the landmark decision of JB v A Local Authority [2021] UKSC 52 – the first time the Supreme Court has considered issues of capacity under the Mental Capacity Act 2005. Acting for JB’s litigation friend, the Official Solicitor, John appealed the decision of the Court of Appeal that JB was required to understand that his potential sexual partners must consent to have sexual relations with him. The Supreme Court noted the appeal ‘raises issues of profound significance’ but went on to reject the grounds of appeal advanced. It summarised its findings, holding that: ‘The evaluation of JB’s capacity to make a decision…
News, Public Law 25 Nov, 2021
Paul Livingston is Junior Counsel to the Brook House public inquiry, set up to investigate mistreatment of individuals detained at Brook House IRC in 2017, as shown on BBC Panorama’s “Under-Cover: Britain’s Immigration Secrets”. Hearings began earlier today with an opening statement from Brian Altman QC, Leading Counsel to the Inquiry.. Chaired by Kate Eves, The Brook House Inquiry is a public inquiry set up to investigate the decisions, actions and circumstances surrounding the mistreatment of individuals who were detained at Brook House Immigration Removal Centre (IRC) shown in the BBC Panorama programme “Under-Cover: Britain’s Immigration Secrets”, aired on 4 September 2017. The Inquiry will consider allegations of mistreatment at Brook House relating to the period from April 2017 to…
News, Public Law 23 Nov, 2021
The Court of Appeal this week handed down judgment in Association of Chartered Certified Accountants v Awodola. Acting on behalf of the Respondent was Joshua Hitchens. The Background Mr Awodola had sought to appeal a decision striking him off as an accountant. The Association refused his appeal and wrote to him in November 2018 informing of his right to apply for reconsideration of the refusal and for such an application to be considered at an oral hearing. On 01 January 2019, the Association changed its Regulations abolishing the right to an oral reconsideration hearing. On 02 January 2019, Mr Awodola filed his application for an oral hearing supported by written reasons within the 28-day time limit referenced in the November letter.…
News, Public Law 12 Nov, 2021
John successfully appeared for the respondent before the High Court in AB v XS [2021] EWCOP 57, before Mrs Justice Lieven. The proceedings, in late October, concerned the welfare of an elderly lady, a British and Lebanese citizen, resident in Beirut, Lebanon. The application sought an order for the return of the lady from Beirut to England and Wales. Lieven J agreed with John’s submissions that she was habitually resident in Lebanon and therefore by application of section 63 of the Mental Capacity Act 2005, orders could not be made under the 2005 Act and that the exercise of the Inherent Jurisdiction on the basis of her British citizenship was inappropriate. She also accepted it was in her best interests to…
News, Public Law 4 Nov, 2021
Joshua Hitchens acted as part of a team who were successful in a constitutional rights appeal for two appellants who wrongly served additional time in prison in Duncan and Jokhan v Attorney General of Trinidad and Tobago. Joshua Hitchens was led by Anand Beharrylal QC in a constitutional rights appeal against the Attorney General of Trinidad and Tobago for two appellants whom, due to an error by the Court of Appeal in criminal proceedings, were required to serve 29 months in prison after their earliest date of release which they ought not have served. The Privy Council allowed the appeal of Duncan and Jokhan (Appellants) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) [2021] UKPC 17 and the matter was remitted to the…
News, International, Public Law 21 Jul, 2021
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