News & Events
News & Events
In this case note, Sarah Crowther QC, Dan Clarke and Joshua Cainer consider the recent appeal in Covea Insurance Plc v Greenaway and Rocks [2021] 3 WLUK 379. This was an appeal from a case management decision in which a motor insurer sought permission to obtain factual expert evidence as to the meaning of the word ‘stolen’ in other language versions of the Sixth Motor Insurance Directive (Directive 2009/103/EC). They consider that the Court was wrong, as a matter of legal principle, to entertain the introduction to the proceedings of factual evidence as to the interpretation of EU law in other Member States (four experts on each side). Such an approach was not justified under EU law interpretative principles even…
Legal Blogs 26 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
Joshua Cainer looks in detail at the recent developments in English courts on the applicable law to awards of interest in cross-border tort cases. In Troke v Amgen Seguros Generales Compania de Seguros Y Reaseguros SAU, the claimants suffered personal injury from a road traffic accident in Spain, for which the defendant insurers admitted both liability and quantum. In this article, Joshua Cainer explores the legal point in dispute, which concerned what law governed the award of interest in relation to the tort: the lex causae (the law of the jurisdiction in which the cause of action arose), which in this case was Spanish law; or the lex fori (the law of the forum in which the claim was being…
Legal Blogs 17 Feb, 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…
Legal Blogs 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:…
Legal Blogs 12 Jan, 2021
The Supreme Court, next week, will hear the appeal in FS Cairo (Nile Plaza) LLC v Brownlie which you can watch live here. The appeal has been expedited from the Court of Appeal’s judgment in July 2020 and raises important issues of private international law in cross-border tort claims. When a claimant wishes to have a claim heard in the courts of England and Wales against a defendant who is located in a foreign country, they must apply to the courts for permission to serve their claim form out of the jurisdiction. Sarah Crowther QC, Daniel Clarke and Joshua Cainer of Outer Temple Chambers are instructed by Kingsley Napley LLP on behalf of Lady Brownlie in the appeal. The Supreme…
News 8 Jan, 2021
Chloë Bell and Joshua Cainer consider cryptoasset litigation and the challenges that litigation with a foreign element present in their latest article entitled “Decrypting the Situs – Conflicts of Laws Challenges in Cryptoasset Litigation”. Litigation involving cryptoassets will frequently have a foreign element to it. Conflicts of laws rules will therefore be highly relevant to resolving such disputes. The article below focuses on, first, outlining what features of cryptoassets and distributed ledger technology (‘DLT’), the technology on which cryptoassets depend for their existence, give rise to difficulties in private international law. Secondly, it gives an overview of the key methodological questions which need to be resolved at the outset of an analysis of private international law issues. The third and…
Legal Blogs 25 Oct, 2020
We are delighted to offer tenancy to our outstanding pupils, Courtney Step-Marsden and Joshua Cainer, from 1st September. After twelve months of hard work and excellent feedback at Outer Temple Chambers, we are delighted to announce that Courtney Step-Marsden and Joshua Cainer will join Chambers on 1st September, following pupillage. Chief Executive Rebecca Priestley said “Many congratulations and a warm welcome to Courtney and Joshua, who join Outer Temple after demonstrating exceptional standards of excellence during their pupillages. They have faced the unprecedented challenge of a global pandemic shutting down the courts and turning the working world upside down with calm equanimity and resilience. I am sure they will meet all the challenges thrown at them during their no doubt glittering careers…
News 20 Aug, 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
