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Paul Rogers represents South Lakes Wild Animal Park in the inquest into the death of Sarah McClay

Outer Temple’s Paul Rogers represents South Lakes Wild Animal Park in the inquest into the death of Sarah McClay, an animal carer who was killed when attacked by a tiger, in the keeper enclosure of the tiger house in May 2013. Paul was instructed by RPC solicitors.

News 16 Sep, 2014

IBM found to be in breach of duty to UK pension scheme members in “Project Waltz” proceedings

A landmark judgment has been handed down in the IBM Project Waltz proceedings, in which Outer Temple silks Andrew Spink QC and Nicolas Stallworthy QC appeared for the Trustee of IBM’s two principal UK defined benefit pension schemes and the Representative Beneficiaries respectively. In 2009 IBM announced that, with effect from 2011, the two schemes would close to further benefit accrual, IBM UK’s longstanding early retirement policy would become much more restrictive and salary increases would only be offered in future to members of the schemes if they signed “Non Pensionability Agreements” (under which any such increases would not count as “pensionable salary” so as to feed into the calculation of their past service benefits). This controversial package of proposals,…

News 6 Apr, 2014

Criminal cartels: can companies be prosecuted?

On 1 April 2014, a new and improved criminal cartel offence will be introduced in the UK by virtue of s47 of the Enterprise and Regulatory Reform Act 2013 (ERRA13). By removing the requirement for an individual to have acted dishonestly in relation to commercial arrangements which involve deliberate price-fixing, market sharing, bid-rigging and limiting output, the new offence should make it easier for the Competition & Markets Authority (CMA) and Serious Fraud Office (SFO) to launch prosecutions of individuals involved in prohibited hardcore cartels. However, by omitting to change the cartel offence so that it embraces corporate criminal liability as well, the question remains: Could the CMA or SFO charge a company with cartel crime? Just as I set…

News 26 Mar, 2014

£500,000 payout over ambulance delay

Judgment was handed down by The Honourable Mr Justice Globe in the case of Ceri Leigh v The London Ambulance Service in which Christopher Gibson QC was representing the Claimant.

News 25 Feb, 2014

Andrew Spink QC and Richard Hitchcock’s case featured in The Lawyer’s Top 20 cases of 2014

The two Outer Temple Barristers are instructed by CMS Cameron McKenna partner Neil Smith in Merchant Navy Ratings Pension Fund Trustee Ltd v (1) Stena Line Ltd (2) P&O Ferries Ltd (3) Sealion Shipping Ltd (4) International Marine Transportation Ltd (5) Terence Brown. This mammoth case concerns the £272m pension deficit liabilities belonging to the Merchant Navy Ratings Pension Fund (MNRPF). At the heart of the dispute is how that liability should be apportioned between the participating employers of seamen employed in the British Merchant Navy. Around 240 employers have joined the MNRPF since its inception in 1978, including oil majors and the main players in the shipping industry, such as Stena and P&O. The proceedings concern the introduction of…

News 6 Jan, 2014

Ben Compton QC has successfully defended a lifeguard involved in a swimming pool tragedy

Kelly Woods, a lifeguard employed by DC Leisure (a swimming pool centre in Wolverhampton) was finally found not guilty on a s.7 HSWA 74 offence at Wolverhampton Crown Court, after a five year battle to clear her name.

News 9 May, 2013

Christopher Kemp acted for a doctor at a ‘fitness to practice’ hearing before MPTS

Christopher Kemp acted for a doctor at a Fitness To Practice hearing before MPTS, which ended after 3 days. Despite the doctor admitting 2 separate “very serious” clinical errors in 2009 and 2010 respectively, the doctor’s fitness to practice was found not to be impaired and no warning was issued.

News 28 Apr, 2013

Anthony Haycroft has successfully defended a locum general practitioner at a ‘fitness to practice’ hearing brought by the General Medical Council

The case was exceptionally heard in London rather than Manchester due to the ill health of the doctor. The doctor faced allegations that he carried out a sexually motivated examination of a patient during a purported stomach examination and then made false entries in her medical records to cover his tracks. The GMC refused to call evidence from a witness who saw and spoke to the patient both before and after the consultation and also spoke to the doctor afterwards. Following a submission by Mr Haycroft that the doctor was not obliged to call such a witness himself but that such a witness could give relevant evidence as regards what was said by both the doctor and the patient and…

News 24 Apr, 2013

James Counsell and Farhaz Khan help to secure Lloyd’s of London regulatory settlement

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

Ben Compton QC and Will Young assist NGOs with Human Rights challenge to intensive farm planning application

Ben Compton QC and Will Young have recently agreed to act pro bono for Friends of the Earth, the Soil Association and Pig Business in opposing a planning application for a US style mega pig farm in South Derbyshire to be built within 150 yards to HM prison Foston Hall, and a residential housing estate in South Derbyshire. The case has attracted considerable media attention due to the size of the farm (some 25,000 pigs) and the serious health concerns raised by those living and working in the nearby community. Further information can be found at: The Guardian (10 Feb) Town kicks up a stink over ‘Titan’ pig farm: The Independent (11 Feb, p.26) Human rights claim against Foston pig farm: MeatInfo.co.uk (13 Feb)

News 14 Feb, 2012

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