News & Events
News & Events
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
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
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
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
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
The Nottinghamshire Investigation opened this week with Patrick Sadd as Lead Counsel to the Investigation. Patrick is the only non-Silk running a strand of the many investigations making up the Inquiry. Patrick Sadd heads up a team of four Outer Temple barristers made up of Paul Livingston, Imogen Egan and Olinga Tahzib at the Independent Inquiry into Child Sexual Abuse (IICSA), led by Professor Alexis Jay. The investigation is focusing on three case studies – the institutional responses to and barriers to disclosure of sexual abuse at Beechwood Community Home, in foster care and between children. The first day of this national inquiry gave the overall background to the inquiry, including some of the concerns about abuse of children which were…
News 2 Oct, 2018
Closing statements were delivered in the Independent Inquiry into Child Sexual Abuse’s case study into the Child Migration Programmes yesterday, in which Paul Livingston is Junior Counsel to the Inquiry. The Child Migration Programmes, which continued until the 1970s, involved children being migrated from care or voluntary institutions in England & Wales, and being placed in institutions abroad, mostly in Australia and Canada. The Case Study was set up to investigate the extent of institutional failings of Government departments, public authorities, and voluntary institutions, relating to the sexual abuse suffered by some child migrants. The case study is part of the Inquiry’s investigation into ‘Children Outside the UK’ and heard from a large number of former child migrants, former Prime Minister…
News 27 Jul, 2017
Today the Independent Jersey Care Inquiry publishes its long-awaited report into child abuse on the island. Outer Temple were instructed as Counsel to this three-year inquiry which has investigated the care of children on the island of Jersey since 1945. Patrick Sadd, Harriet Jerram, Paul Livingston and Stephen Doherty worked alongside a team from Eversheds-Sutherland, instructed as Solicitors to the Inquiry. In 2008, Jersey attracted world-wide press attention following allegations of child sex abuse in Haut de La Garenne, a large children’s home on the island that had closed in the 1980s. There followed an extensive police investigation, ‘Operation Rectangle’. In 2010, the States of Jersey called for a public inquiry into children in care in children’s homes and fostered.…
News 3 Jul, 2017
Floyd LJ has refused the Jehovah’s Witness church permission to appeal against the judgment of Globe J, in which James Counsell and Ben Bradley successfully appeared for the Claimant (see judgment here). In his initial ruling Mr Justice Globe 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”). In…
News 7 Jul, 2016
Patrick Sadd and Paul Livingston have been instructed as Junior Counsel to the Independent Inquiry into Child Sexual Abuse, chaired by the Hon. Dame Lowell Goddard, DNZM. Patrick Sadd is to be Junior Counsel leading the investigation into Nottinghamshire Councils, assisted by Paul Livingston. Both come from having been Counsel to the Independent Jersey Care Inquiry for the last two years, investigating allegations of child abuse in Jersey’s care system over the past 70 years, the institutional responses and the management of children’s homes over the period. During the investigation, the Inquiry analyses the nature of the abuse that may have taken place under the care of Nottingham City and Nottinghamshire County Councils and consider how these authorities protected children…
News 15 Jun, 2016
Politicians and corrupt police officers were accused yesterday of covering-up the systematic child sex abuse by paedophiles on Jersey. Patrick Sadd, Counsel to the Inquiry, questioned Lenny Harper, retired Deputy Chief Officer of States of Jersey Police, who told the official inquiry that yachtsmen were “loaned” vulnerable children to abuse. For more information please click here to read more.
News 13 Jan, 2016
The second phase of the Independent Jersey Care Inquiry (IJCI) has just got underway. Counsel to the Inquiry, Mr Patrick Sadd, has provided a summary of Phase 1 and the witnesses who have given evidence so far – many raising allegations of abuse suffered in the care of the States. Evidence in Phase 2 will be heard from different groups of witnesses from various authorities: the States of Jersey Police (SOJP), the Honorary Police, politicians, law officers, former law officers and the Bailiff. Mr Sadd also listed some of the events between 1989 and 2010 that formed a backdrop to Phase 2, including convictions of abusers, the dropping of charges against alleged abusers and the establishment and closing down of…
News 20 Oct, 2015
