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James Counsell KC

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CA judgment handed down in complex Contempt of Court case, İşbilen v Turk

CA judgment handed down in complex Contempt of Court case, İşbilen v Turk

On 22 May 2024, the Court of Appeal handed down its judgment in İşbilen v Turk [2024] EWCA Civ 568 in which James Counsell KC and Helen Pugh were instructed. James Counsell KC and Helen Pugh acted successfully for their client, Selman Turk in his appeal against the immediate custodial sentence for Contempt of Court imposed by the High Court. In this long-running, complex civil fraud case, the defendant was found in contempt of court for breaching disclosure obligations ancillary to a proprietary injunction aimed at recovering funds allegedly misappropriated from the claimant. In a judgment dated 6 March 2024, the defendant was sentenced to 12 months’ immediate imprisonment. Following a successful application for bail made, unusually, to the Court of…

News 24 May, 2024

Outer Temple Chambers shortlisted at The Legal 500 MENA Awards 2024

Outer Temple Chambers shortlisted at The Legal 500 MENA Awards 2024

Outer Temple Chambers is delighted to announce that we have been shortlisted for Commercial Set of the Year and Commercial Junior of the Year at the Legal 500 Middle East and North Africa Awards 2024. Outer Temple Chambers and Dr Ali Almihdar have been recognised in the Commercial category under the English Bar in the Middle East. The awards will be taking place on Thursday, 8 February 2024 at Mandarin Oriental Jumeirah, Dubai, UAE. These awards reflect the competency in providing expert advisory and advocacy services and facilities under Commercial Litigation in the Middle East. Outer Temple Chambers has been in the Middle East for close to a decade and our members close to 20 years. Members have been involved in some…

News 28 Nov, 2023

Outer Temple barristers to give advocacy training at the DIFC Academy of Law

Outer Temple barristers to give advocacy training at the DIFC Academy of Law

Outer Temple barristers James Counsell KC and Oliver Powell will be providing advanced advocacy skills training as part of the DIFC Laws Certificate programme. This training will take place on 4th to 5th September 2023. The DIFC Academy are hosting a course named ‘Advanced Advocacy Skills‘ which is part of the DIFC Laws Certificate programme. This comprehensive training explores the application of traditional advocacy skills to activities routinely performed by lawyers. There will be series of both unassessed and assessed advocacy exercises. These exercises take the form of mock hearings covering submissions (written and oral), witness handling and general advocacy tips. They serve as useful refreshers for courtroom skills. There will be three parts to the course, all being given by barristers…

Events 1 Sep, 2023

Court of Appeal hands down judgment in controversial Denton appeal in which James Counsell KC and Olinga Tahzib appeared

Court of Appeal hands down judgment in controversial Denton appeal in which James Counsell KC and Olinga Tahzib appeared

The Court of Appeal has handed down judgment in an important appeal in the case of FXF v (1) English Karate Federation Ltd, (2) David Jonathan Donovan, in which James Counsell KC and Olinga Tahzib act for the Claimant James and Olinga act for a Claimant (referred to as ‘FXF’ to protect her anonymity) – a highly successful karate athlete – who brings a claim for personal injury arising out of sexual abuse by her karate coach between 2008 and 2014. The Claimant claims that the two Defendants are vicariously liable for the abuse she suffered and directly liable for failing to discharge their own duty of care towards her. On 13 July 2023, James and Olinga appeared for the…

News 26 Jul, 2023

James Counsell KC and Olinga Tahzib to appear tomorrow in Court of Appeal in controversial Denton issue

James Counsell KC and Olinga Tahzib will appear in the Court of Appeal tomorrow (13 July 2023) in the case of FXF v (1) English Karate Federation Ltd, (2) David Jonathan Donovan James and Olinga act for the Claimant (referred to as ‘FXF’ to protect her anonymity) – a highly successful karate athlete – who brings a claim for personal injury arising out of sexual abuse by her karate coach between 2008 and 2014. The Claimant claims that the two Defendants are vicarious liable for the abuse she suffered and directly liable for failing to discharge their own duty of care towards her. The hearing before the Court of Appeal has arisen as a result of an important procedural issue:…

News 12 Jul, 2023

James Counsell KC and Ben Bradley appear in Supreme Court in Jehovah’s Witnesses adult sexual abuse case

Earlier this week, James Counsell KC and Ben Bradley appeared on behalf of BXB in the Supreme Court in Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB. Having previously won at trial, and subsequently in the Court of Appeal, James and Ben represented BXB at the Supreme Court in her claim that the Trustees of the Barry Congregation of Jehovah’s Witnesses are vicariously liable for a rape committed on her by Mark Sewell, one of the Elders of the Congregation. This case represents the return of vicarious liability to the Supreme Court for the first time since the seminal cases of Barclays Bank and Morrisons. Over the course of the two-day hearing, James made submissions to the Court…

News 17 Feb, 2023

James Counsell KC to attend the DIFC Laws Certificate Programme Awarding Ceremony

Head of Chambers, James Counsell KC will be attending (remotely) the DIFC Laws Certificate Programme Awarding Ceremony on behalf of Outer Temple Chambers on Tuesday 13th December 2022. The DIFC Laws Certificate Programme is a course organised by the DIFC Academy. Over the course of a 7-month programme, it aims to provide education and training in common law and DIFC laws and courts procedures to civil law lawyers, DIFC Courts practitioners, Emirati advocates, In-house counsel and other professionals whose work involves exposure to common law systems and jurisdictions. There are three parts to the Advanced Advocacy course given by Outer Temple Chambers barristers, each part over two days. The first part of the course was led by James Counsell KC and Justina Stewart.…

News 28 Nov, 2022

James Counsell KC and Alex Haines represented the contemnor in a landmark appeal to the CA

James Counsell KC and Alex Haines, who were instructed by Janes Solicitors, represented the contemnor in a landmark appeal to the CA against the findings of contempt and the sanction imposed. The Court of Appeal gave helpful guidance on when permission to appeal is needed and on the Court’s power retrospectively to dispense with service of the injunction under the new CPR Part 81 regime. In Hussain v Business Mortgage Finance 4 PLC & Ors [2022] EWCA Civ 1264, delivered on 4th October 2022, the Court of Appeal (Arnold, Stuart-Smith and Nugee LJJ) gave judgment upholding the committal order against the Appellant by Mr Justice Miles and the ensuing 24-month sentence of imprisonment, the maximum term.  The Judgment is available…

News 7 Oct, 2022

James Counsell KC and Fiona Horlick KC to speak at ARDL 2nd Annual Conference 2022

James Counsell KC and Fiona Horlick KC are due to be speaking at the ARDL 2nd Annual Conference 2022. This will be taking place on 30th September 2022 at the Museum of London. The Association of Regulatory and Disciplinary Lawyers (ARDL) is a leading membership body for those working in regulatory and disciplinary law. The association holds over a thousand members and they regularly hold seminars in London, Manchester, and Edinburgh. On 30th September they will be holding the ARDL 2nd Annual Conference 2022 at the Museum of London from 8:45am – 6:00pm. Outer Temple’s prestigious barristers James Counsell KC and Fiona Horlick KC will both be speaking at the conference along with Alexandra Felix KC from QEB Hollis Whiteman.…

Events 21 Sep, 2022

James Counsell QC and Justina Stewart to give advocacy training at the DIFC Academy of Law

Outer Temple’s James Counsell QC and Justina Stewart will be providing advocacy training as part of the DIFC Laws Certificate programme. This talk will take place on 25th-26th July 2022. The DIFC Academy are hosting a course named ‘Advanced Advocacy Skills’ which is part of the Certificate in Common Law, DIFC Laws & Courts Practice programme. The course will explore the application of traditional advocacy skills to activities routinely performed by lawyers. There will be three parts to this course, all being given by Outer Temple Chambers Barristers. The first of the three talks will be performed by James Counsell QC and Justina Stewart. They will be focusing on ‘Trial advocacy and witness handling and examination’ and their training will involve:…

Events 20 Jul, 2022

ames Counsell QC and Olinga Tahzib published in APIL

James Counsell QC and Olinga Tahzib published in APIL’s PI Focus

James Counsell QC and Olinga Tahzib have recently contributed to an article, entitled ‘Picking up the Pieces’, in the June edition of APIL’s ‘PI Focus’. The article draws practitioners’ attention to ‘must read’ guidance provided by Johnson J in the case of TVZ and Ors v Manchester City Football Club Ltd [2022] EWHC 7 (QB).  In eight conjoined claims for psychiatric injuries caused by non-recent sexual abuse by Barry Bennell, the Court ruled that the Claimants would have been entitled to separate awards for pain, suffering and loss of amenity and for the abuse itself, had they been successful on liability and two of the Claimants would have been awarded substantial damages for loss of earnings as professional footballers.  Please…

External Publications 16 Jun, 2022

James Counsell QC APIL Conference article

James Counsell QC to speak at APIL Abuse Conference 2022

James Counsell QC will be speaking at the APIL Abuse Conference 2022, which is being held in association with ACAL. The event will take place on 23th June 2022. Outer Temple’s James Counsell QC, is due to be speaking at this year’s 14th annual APIL Abuse Conference 2022, held in association with ACAL. The conference will be held at the Marriot Marble Arch Hotel in London on the 23rd of June. This will be a hybrid event; delegates and attendees will choose whether they would like to attend in person or virtually. Topics for this event include: Survivors of sexual abuse and the criminal justice systemClient welfare and the role of the ISVAVicarious liabilityThe latest on failure to remove claimsClaims…

Events 31 May, 2022

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