News & Events
News & Events
In a judgment handed down today, the Court of Appeal has held the Trustees of the Barry Congregation of Jehovah’s Witnesses liable for an act of rape committed by one of its elders, against an adult member of its congregation. James Counsell QC and Ben Bradley appeared on behalf of the successful Respondent to the appeal. The Court heard that the claimant, known as BXB, 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…
News 15 Mar, 2021
James Counsell QC and Joshua Cainer have been published in the latest issue of the Journal of Personal Injury Law. James and Joshua consider the ever moving sphere of vicarious liability and the impact of the recent Supreme Court decision on historical sexual abuse cases. This article discusses the latest Supreme Court decisions on vicarious liability, Barclays Bank Plc v Various Claimants and WM Morrisons Supermarkets Plc v Various Claimants, and their likely effect on the substantive outcomes in personal injury claims arising out of historical and more recent sexual abuse. It considers this by reference to some recent High Court cases on historical sexual abuse which pre-date the Supreme Court’s decisions, as well as one High Court case which…
External Publications 4 Mar, 2021
In this second blog on the particular challenges posed by limitation periods in historical sexual abuse claims, James Counsell QC and Joshua Cainer focus on the second key live issue under section 33(3)(b), namely the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the parties is or is likely to be less cogent than if the action had been brought in time. The first blog can be found here. In the first of two recent blogs on the particular challenges posed by limitation periods in historical sexual abuse claims, James Counsell QC and Joshua Cainer considered how historical sexual abuse claims are often brought long after primary limitation has expired, in which…
Insights 20 Jan, 2021
In the first of two blogs, James Counsell QC and Joshua Cainer discuss the particular challenges posed by limitation periods in historical sexual abuse claims, and seek to identify, by reference to four very recent historical sexual abuse High Court judgments, the key considerations which courts take into account when determining whether such claims are barred by reason of expired limitation. The second blog can be found here. Key elements to success in historical sexual abuse claims Sexual abuse claims often rely on vicarious liability as a cause of action. Whilst all claims relying upon vicarious liability have their difficulties, claimants in historical sexual abuse claims have unique challenges to overcome. To succeed, a claimant usually must overcome three hurdles:…
Insights 12 Jan, 2021
Outer Temple Chambers was delighted to join the LawInSport Annual Conference in November 2020, where James Counsell QC, Sarah Crowther QC and Louis Weston spoke at this leading sports event. The 6th Annual LawInSport Conference, ‘Understand The Rules of The Game 2020’, included over 50 speakers from more than ten countries, discussing and debating 18 topics, over two weeks. This “must attend” sports law conference was one not to be missed. As leading experts in their field, James Counsell QC, Sarah Crowther QC and Louis Weston were invited to join the list of speakers and panelists. The Talks Sarah Crowther QC was a panelist on the in-house counsel forum for work developments and effective practices; ‘What legal and governance lessons have…
News 30 Nov, 2020
Outer Temple Chambers is delighted to announce that James Counsell QC is our new Head of Governance and a Head of Chambers. James Counsell QC was elected as a Head of Chambers, responsible for governance, by his colleagues in October following the retirement from post by Michael Bowes QC. He joins fellow new Head of Chambers, Sarah Crowther QC, who was elected as Head of the Health Department only last month, Andrew Spink QC, Head of the Business Department, and Andrew Short QC, Deputy Head of the Business Department. James said of his new role, “It is a huge honour to be chosen to become one of our Heads of Chambers and Head of Governance and I really look forward…
News 29 Oct, 2020
Outer Temple is proud to sponsor the Action against Medical Accidents Medico-Legal Issues in Surgery Conference, where James Counsell QC will be chairing and Jonathan Hand QC & Katarina Sydow will present. The event has been designed for solicitors and barristers to illustrate the key medico-legal issues in surgery, and is an excellent opportunity to learn from leading surgeons and develop your understanding to assist you in cases. An event not to be missed and essential for your clinical negligence caseload. James Counsell QC will be chairing the conference on both days and Jonathan Hand QC and Katarina Sydow will be presenting a lecture on Informed Consent and Causation. Registration You can view the programme and register for the conference here.…
News 15 Sep, 2020
In a judgment handed down by Warby J on 22 July, James Counsell QC was successful in an appeal and in a judicial review against the GMC in disciplinary proceedings brought against a cosmetic surgeon, Dr Ashish Dutta, arising out of allegations which went back to 2009. The judgment in R (on the application of Dr Ashish Dutta) v the General Medical Council [2020] EWHC 1974 (Admin) can be found here. In the Judicial Review claim, the Judge held that the GMC Registrar had acted unlawfully in failing to apply the five-year rule which prevents proceedings being brought if more than five years have elapsed between the “most recent events giving rise to the allegation” and the date when they…
News 24 Jul, 2020
Outer Temple’s recent lunch-time briefing update on abuse claims is now available online, presented by James Counsell QC, Patrick Sadd and Paul Livingston. James Counsell QC, Patrick Sadd and Paul Livingston recently hosted a lunch-time briefing update and practice points review on the subject of abuse claims. Topics included: Reviewing two High Court decisions: DSN v Blackpool Football Club and BXB v Watchtower Costs: the impact of the Defendants’ approach before and during trial Limitation climate: is it possible to forecast? Consequence for vicarious liability following Supreme Court decisions in Barclays and Morrisons Watch the full webinar here: The Speakers James specialises in acting for claimants in historical and more recent sex abuse claims against religious organisations, schools, the scouts…
Webinars 4 Jun, 2020
Outer Temple Chambers would like to invite you to a lunch-time briefing update on Abuse Claims on Wednesday 27th May 2020. James Counsell QC, Patrick Sadd and Paul Livingston will be conducting a lunch-time briefing update and practice points review on the subject of abuse claims. Topics will include: Reviewing two High Court decisions: DSN v Blackpool Football Club and BXB v Watchtower Costs: the impact of the Defendants’ approach before and during trial Limitation climate: is it possible to forecast? Consequence for vicarious liability following Supreme Court decisions in Barclays and Morrisons The Speakers James specialises in acting for claimants in historical and more recent sex abuse claims against religious organisations, schools, the scouts and against football clubs and…
Events 20 May, 2020
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
“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
