News & Events
News & Events
In a judgment with important implications for the law of consent in clinical negligence claims (Jones v Royal Devon & Exeter NHS Foundation Trust), on 22 September 2015, Mr Recorder Blunt, QC handed down a judgment in favour of a 74 year old female patient. Mrs Kathleen Jones had been put on the waiting list to have surgery performed at the Royal Devon & Exeter Hospital by a highly respected and well known consultant spinal surgeon of her choice, only to discover, on the morning of the operation, that it had never been intended that he was to perform it. Instead, it was to be carried out by a more junior and much less experienced spinal Fellow at the hospital.…
News 30 Sep, 2015
In a landmark ruling, Mr Justice Globe has today imposed vicarious liability upon the Jehovah’s Witnesses (JWs) organisation both for: the acts of sexual abuse committed by one of its ministerial servants, Peter Stewart (PS), upon the Claimant (“the abuse claim”); and; the failures, on the part of its Elders, to safeguard the Claimant from acts of further sexual abuse, in circumstances where they knew PS was a paedophile, but viewed him as being repentant for his sins, thereby permitting him to remain in the congregation (“the safeguarding claim”). James Counsell and Ben Bradley (instructed by Kathleen Hallisey of AO Advocates) acted for the Claimant, in what is the first case of this nature to be brought against the JWs.…
News 18 Jun, 2015
In proceedings before the Lloyd’s Enforcement Tribunal, Mr Douglas Morgan and Mr John Josiah have each accepted two charges of detrimental conduct. The Lloyd’s Enforcement Tribunal approved terms of settlement agreed between the defendants and the Council of Lloyd’s (acting in its regulatory capacity) on the first day of what was to be a three week hearing. During the period relevant to these proceedings Mr Morgan was the Finance Director of Equity Syndicate Management Limited (“Equity”), a Lloyd’s managing agent. Mr Josiah was the active underwriter of Syndicate 218 which was managed by Equity. Syndicate 218 specialises in the provision of motor insurance. In October 2011 two charges of misconduct were brought against each of Mr Morgan and Mr Josiah.…
News 15 Mar, 2013
Neil Utley, former CEO of Equity Syndicate Management Limited (“Equity”), has settled regulatory charges brought by the Council of Lloyd’s (“the Council”). Mr Utley has accepted two charges of detrimental conduct in proceedings before the Lloyd’s Enforcement Tribunal (“the Tribunal”) and has undertaken not to apply for a role as a director in the Lloyd’s market for two years and has agreed to pay the Council’s costs. Equity is the Managing Agent of Syndicate 218 (“the Syndicate”), a leading underwriting insurance business at Lloyd’s, specialising in the provision of motor insurance. In October 2011, enforcement proceedings were brought by the Council against Mr Utley and Equity in relation to two charges of detrimental conduct. The charges related to Mr Utley’s…
News 26 Feb, 2013
James Counsell reports: On 26 July 2012, the Court of Appeal (Lord Judge LCJ, Lord Neuberger (MR) and Sir Maurice Kay (VP CA Civ)) announced an increase in the level of PI and other general damages by 10% to reflect the recommendations of the Jackson report and to anticipate the entry into force of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Lord Judge, giving the judgment of the court in endorsing a settlement in the PI claim of Simmons v Castle [2012] EWCA Civ 1039, indicated that the increases would apply to all claims for damages for pain, suffering and loss of amenity in personal injury, nuisance, defamation and all other torts which cause suffering, inconvenience or…
News 26 Jul, 2012
