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James Counsell KC

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The Supreme Court on vicarious liability – where next for sexual abuse claims?

In April, the Supreme Court handed down two important judgments concerning vicarious liability against Barclays Bank and WM Morrison Supermarkets. Joshua Cainer looks at the impact on sexual abuse claims. On 1 April 2020 the Supreme Court handed down two important judgments concerning vicarious liability: Barclays Bank plc v Various Claimants [2020] UKSC 13 and WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. Whilst the impact of these cases will be felt across all claims relying upon vicarious liability, this article considers the potential effects on the particular area of sexual abuse claims. It has been well-established since Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (at para [21]) that vicarious liability requires satisfaction of a…

News 17 Apr, 2020

James Counsell QC writes PI case analysis for LexisNexis PSL

“Football club vicariously liable for historical sex abuse but a girls’ boarding school is not.” LexisNexis PSL invited James Counsell QC to analyse his recent high profile sexual abuse cases. Following on from the judgment in BXB v Watch Tower (handed down on 30 January) come two more historical abuse judgments in claims brought against institutions—one against Blackpool Football Club and the other against a girls’ boarding school. Both claims raised very similar issues and were tried by the same Judge (Griffiths J) but they ended with diametrically opposite results. James Counsell QC acted for the claimants in all three cases and examined their implications for other cases in the pipeline, for Lexis Nexis PSL. Excerpt from article DSN v…

External Publications 30 Mar, 2020

James Counsell QC in second indemnity costs order after another historical abuse finding

Hard on the heels of the indemnity costs order made against Blackpool FC, comes a second judgment against Jehovah’s Witnesses relating to sexual abuse offences. James Counsell QC has secured yet another judgment on Monday 23 March (BXB v Watch Tower and Bible Tract Society of Pennsylvania and Another [2020] EWHC 656, LTL 24/3/2020 : [2020] 3 WLUK 321) just three days after he obtained judgment against Blackpool FC where the Defendant, this time the Jehovah’s Witnesses, refused to negotiate in the face of repeated efforts by the Claimant’s solicitors to engage them in settlement negotiations. Jehovah’s Witnesses Liable for Rape Chamberlain J had previously given judgment against the organisation on 30 January 2020 after he had found the organisation…

News 24 Mar, 2020

James Counsell QC secures costs against Blackpool FC in sexual abuse claim

In a judgment handed down on 20 March 2020, James Counsell QC obtained an indemnity costs order against Blackpool Football Club after the Judge, Griffiths J ,was critical of the Club for the way it refused even to enter into settlement discussions for its liability for sexual abuse offences by Frank Roper. The Court had earlier given judgment on liability and quantum on 13 March 2020 (read the earlier judgment here) in favour of the Claimant, known as DSN, in a claim for damages arising out of sexual abuse which he had suffered at the hands of Frank Roper, who worked for the club in the 1980s as a scout.  In that earlier judgment, Griffiths J had criticised the club for…

News 23 Mar, 2020

James Counsell QC successful in historical sex abuse claim against Blackpool FC

In the first of many cases in the pipeline to reach trial, James Counsell QC has obtained judgment against Blackpool FC for its liability for sexual abuse offences by scout Frank Roper in the 1980s. The case involved the responsibility of English professional football clubs for sexual abuse committed on young footballers in their charge.  James Counsell QC has obtained the first judgment of its kind against Blackpool Football Club for damages for its liability for sexual abuse committed by a convicted sex offender, Frank Roper during the time when Roper was working for the club as a scout in the 1980s. The Trial The Court heard that the Claimant, known as DSN at trial, was sexually abused when on…

News 16 Mar, 2020

James Counsell QC in second successful claim against Jehovah’s Witnesses for historical sexual abuse

In a judgment handed down on the 20th January by Chamberlain J, a claim for damages against Watch Tower, the Jehovah’s Witnesses organisation, was upheld with an award of £62,000 made for the psychiatric injuries suffered by the claimant, with damages for some other losses still to be assessed. The Court heard that the claimant, known as BXB in this case, had been a member of the Barry congregation of Jehovah’s Witnesses and had been instructed by an elder of that congregation to provide support and a “shoulder to cry on” for the elder’s son, Mark Sewell, also an elder of the congregation, whom was suffering from depression.  Mark Sewell abused his position as an elder first by attempting to…

News 30 Jan, 2020

Advocacy training at the DIFC Academy of Law, with members of Outer Temple Chambers

We are pleased to announce that in collaboration with the DIFC Academy, members of Outer Temple Chambers will provide training on Common Law Advanced Advocacy Skills. The DIFC Academy of Law have launched this course for Emirati Advocates and other civil law trained lawyers, in-house counsel, and legal professionals seeking to diversify their skills and enhance their professional development. From February to April 2020, James Counsell QC and Sarah Crowther QC will be teaching Trial advocacy and witness handling and examination. John McKendrick QC and Ben Bradley will be teaching Oral Submissions and Appeal Advocacy. Keith Bryant QC and Jonathan Hand QC will be teaching Appeal Advocacy. James Counsell QC commented: “The team from Outer Temple Chambers is delighted once again to…

News 6 Jan, 2020

James Counsell QC successfully defends NHS Foundation Trust in high value spinal injury case

James Counsell QC has successfully defended Yeovil District Hospital NHS Foundation Trust in a complex spinal injury case, involving a young woman who suffered a serious spinal injury in a road traffic accident in October 2011, after which she was taken to the Trust’s hospital. She subsequently brought successful proceedings against the negligent driver of the car which collided with the car in which she was a back seat passenger, wearing a lap seat belt, and claimed damages for her injuries which included paraplegia. That claim was settled by the motorist’s insurers in March 2015 for a lump sum payment of £3 million, together with a very substantial periodical payment, making a total claim, capitalised at current rates, given her…

News 10 Jul, 2019

Outer Temple offers tenancy to three pupils

We are delighted to announce that tenancies have been awarded to current pupils Carin Hunt, Jeremy Scott-Joynt and Patrick Tomison. All three have a further two months of pupillage to complete, and will start the next stages of their careers as full tenants of Outer Temple in September 2019. We’d like to extend a very warm welcome to Carin, Jeremy and Patrick, and wish them every success moving forwards with us! James Counsell QC, Head of Pupillage said: “Carin, Jeremy and Patrick have now been with us for nearly a year and have impressed all with whom they have worked, both within chambers and in their own advocacy work.  We are certain that they will have hugely successful careers at…

News 5 Jul, 2019

Advocacy training at the DIFC Academy of Law, with Keith Bryant QC and Jonathan Hand QC

As part of the newly-created Certificate in Common Law and DIFC Courts Practice, Keith Bryant QC and Jonathan Hand QC have successfully delivered training on Appeal Advocacy and judged the final Advocacy Assessment Exercises for students at the DIFC Academy of Law in Dubai. The group was made up of some twenty aspiring trial lawyers, all of whom have benefitted from three sessions of advocacy training run by Outer Temple barristers John McKendrick QC, James Counsell QC, Fiona Horlick QC and Benjimin Burgher, since the beginning of 2019. Jonathan Hand QC commented: “This was a very rewarding opportunity to teach advocacy in a different environment, to a diverse group of students, many of whom didn’t come from a common law background,…

News 3 May, 2019

Certificate in Common Law and DIFC Courts Practice

We are pleased to announce that a team of six members of Outer Temple Chambers will provide advocacy training within the Certificate in Common Law and DIFC Courts Practice programme in Dubai. The DIFC Academy of Law have launched this course for Emirati Advocates and other civil law trained lawyers, in-house counsel, and legal professionals seeking to diversify their skills and enhance their professional development. In early March and April 2019, James Counsell QC, Benjimin Burgher, John McKendrick QC, Fiona Horlick, Keith Bryant QC and Jonathan Hand will be delivering specialised training on trial advocacy and witness handling, oral submissions and appeal advocacy, and written advocacy. Other trainers include expert legal faculty members from the Middlesex University, Dubai-College of Law, and…

News 25 Feb, 2019

Liability for abuse by others – James Counsell QC

James Counsell QC gave his important headline address at Child Abuse Conference ‘Working Together to Tackle Child Abuse’ on Thursday 15th November. At the invitation of leading Yorkshire law firm, Ramsdens Solicitors, James spoke on the issue of liability (vicarious and non-delegable duty) and key developments in English case law over the past 15 years. The conference, held in Leeds, was developed by experts to meet the needs of practitioners working with people affected by child abuse. With segments prepared by James Counsell QC of Outer Temple Chambers, London, Richard Copnall, Parklane Plowden, Leeds, Dr Sam Warner, clinical psychologist and Charlotte Foxton, neuro-physiotherapist, the clear message to legal professionals was that in every care case, lawyers need to be aware…

News 19 Nov, 2018

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