News & Events

Clinical Negligence

Two awards for Outer Temple at Chambers UK bar awards 2013

We are delighted to announce that last night (3 Oct 2013) at the Chambers & Partners UK Bar Awards, Outer Temple was declared ‘Personal Injury / Clinical Negligence Chambers of the Year’ and that David Morris was awarded ‘Professional Discipline Junior of the Year’. The Personal Injury and Clinical Negligence teams earlier this month won the inaugural Legal 500 UK Award 2013 confirming Outer Temple’s dominance in this area of law. Outer Temple was also a finalist in the category Professional Discipline Set of the Year, a category won in 2012.

News 3 Oct, 2013

Gerard McDermott QC and Harry Trusted acted in the case of a brain damaged boy who received £5 million payout from the NHS

Helen and Paul Rea from Ipswich have today received court approval for a financial settlement which will ensure that their son Joseph, who has cerebral palsy, can be given the appropriate care and support that he will need for the rest of his life.

News 3 Oct, 2013

Personal Injury & Clinical Negligence: Chambers of the Year 2013

We are delighted to announce that Outer Temple was declared Chambers of the Year in the category of personal injury and clinical negligence in the inaugural Legal 500 UK Awards 2013. The teams are also short listed in the same category by Chambers & Partners in the UK Bar Awards.

News 2 Oct, 2013

Three UK Bar Awards nominations for Outer Temple Chambers

Outer Temple is delighted to announce that it has received three nominations in the 2013 UK Bar Awards. Our Personal Injury and Clinical Negligence teams are jointly shortlisted  for Set of the Year. Along with our Professional Discipline team who are shortlisted for Set of the Year. David Morris is nominated in the Professional Discipline Junior of the Year category. The nominations confirm Outer Temple’s continued authority in these two practice areas. In 2012 Gerard McDermott QC won Personal Injury/Clinical Negligence Silk of the Year, the title held the previous year by David Westcott QC. Our Professional Discipline team receives its second consecutive nomination for Set of the Year, having won the award in 2012. Charles Foster was the Professional Discipline Junior…

News 1 Sep, 2013

Recent case law highlights the subjective nature of what constitutes breach of contract

Recent case law has confirmed the level of difficulty encountered when attempting to persuade the courts to intervene at an early stage in trust disciplinary proceedings. That the courts may intervene where it is deemed appropriate was clearly stated in Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58, in which Lord Dyson said that where an employer starts a disciplinary process in breach of an express term of the employment contract ‘it is open to the employee to seek an injunction to stop the process and/or to seek an appropriate declaration’. Read the full article, by Michael Uberoi and James Leonard, in The Lawyer Magazine.

News 26 Jun, 2013

Christopher Kemp successfully represented Cardiff & Vale University NHS Trust in a 5 day hearing

The claim arose out of allegedly negligent vascular surgery in 2008 which the Claimant contended had resulted in the above knee amputation of the 64 year old Claimant’s right leg. Specifically the Claimant criticised the surgeon’s use of a Dacron graft (as opposed to a vein graft) to bypass the diseased common femoral artery. After hearing extensive evidence from expert vascular surgeons (Professor Peter Bell for the Claimant and Mr Jonothan Earnshaw for the Trust) the trial Judge (Treverton-Jones QC) dismissed the claim.

News 6 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

Alan Jenkins in final Gosport War Memorial Hospital inquest

The final inquest into the death of a patient at the Gosport War Memorial Hospital has just concluded. Alan Jenkins was first instructed in 2001, on behalf of Dr Jane Barton, a GP and clinical assistant at the Gosport War Memorial Hospital, when a police investigation had commenced into the circumstances in which patients had died at the hospital during the 1990’s. The investigation, which lasted 5 years, went on to consider the deaths of 92 patients, and specifically with regard to Dr Barton’s role in prescribing opiate drugs, but no criminal charges were brought. Alan Jenkins appeared for Dr Barton in a lengthy inquest in 2009 into the deaths of 10 of those patients, and he subsequently acted in…

News 23 Apr, 2013

Charles Foster is speaking at Medical Inquest Conference regarding sudden cardiac death in Oxford 10th January 2103

Charles Foster, specialist medical lawyer, speaking at University of Oxford Medical Inquest Conference regarding sudden cardiac death in Oxford 10th January 2103. For more details visit: http://www.csls.ox.ac.uk/SADS.php.

News 10 Jan, 2013

Charles Foster interviewed on BBC’s The Big Questions on ethics of creating children

Charles Foster, specialist medical lawyer, was interviewed on The Big Questions on 6 Jan 2013. He discussed the ethics of creating children using artificial sperm. To watch the episode please visit: http://bbc.in/WoURwz.

News 10 Jan, 2013

Ben Bradley acts in Swine Flu inquest

Niyousha Haki, 28, from Birmingham died from pneumonia after contract Swine Flu during the pandemic in the Winter of 2010. She was seen by ambulance staff on 3 separate occasions prior to her death, but was not taken to hospital.

News 5 Dec, 2012

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