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Court of Protection

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The Independent Jersey Care Inquiry publishes its report

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

Michael Bowes QC & Katarina Sydow in the anti-slavery forum

Michael Bowes QC and Katarina Sydow were invited to participate in the Global Sustainability Network Forum at Westminster Abbey on 31st May 2016. Discussion focused on how governments could be encouraged to tackle human trafficking and modern day slavery, including by enacting and applying legislation such as the Modern Slavery Act 2015. Outer Temple’s members are experienced in advising governments, civil society and commercial organisations on the rule of law, with particular expertise in transparency and anti-corruption measures. Click here to read more about the organisation’s work.

News 2 Jun, 2016

LBLA Community Care Conference

Members of Outer Temple Chambers Court of Protection Team delivered a Conference on Community Care for member Councils of the London Borough Legal Alliance. Mark Mullins, Fiona Scolding, Matthew Stockwell, Samantha Presland and Katarina Sydow delivered an informative event which covered a range of topics including an Analysis of the first year of the Community Care Act 2014, Disputes over the Costs of Care and an Update on the position concerning 16-25 year olds. Outer Temple Chambers offers a team of expert barristers to advise on and appear in the fast developing fields of welfare, serious medical treatment and property cases in the Court of Protection and in the High Court Family Division. In addition to its mental capacity expertise…

News 26 May, 2016

John McKendrick acts in landmark Court of Protection case

John McKendrick, instructed by Hannah Taylor of Bevan Brittan, acted for two health authorities and the relevant local authority in complex proceedings, resolved by Mr Justice Cobb by granting the relief sought by the applicants, permitting the sterilisation of a learning disabled woman, referred to as DD. The proceedings began in May 2014 and have involved decisions by Mostyn J, Pauffley J and Cobb J and have been reported at Mental Health Trust & DD [2014] EWCOP 11; [2014] EWCOP 13; and [2014] EWCOP 44. Mr Justice Cobb’s decision in Mental Health Trust v DD & BC [2015] EWCOP 4 is the latest decision in these complex proceedings. He concluded the evidence powerfully demonstrated DD lacked capacity to make decisions…

News 4 Feb, 2015

Court of Appeal rejects bid to exclude more public sector workers from collective redundancy consultation protection

United States of America v Nolan [2014] EWCA Civ 71 (04 February 2014) www.bailii.org/ew/cases/EWCA/Civ/2014/71.html On the 4th February 2013 the Court of Appeal handed down its latest judgement in the long running collective redundancy consultation case of USA v Nolan, in which Mark Mullins of Outer Temple Chambers, instructed by Thompsons Law on behalf of the GMB, continues to represent Mrs Christine Nolan. The decision confirms that public sector workers in the UK have statutory redundancy protection (with those in “crown employment” excluded and covered by voluntary arrangements). The USA has sought permission to appeal the decision to the Supreme Court. The important question of when the obligation to consult over collective redundancy arises (‘the Fujitsu issue’) is to be…

News 5 Feb, 2014

Equal pay claims in the Civil Courts

Andrew Short QC and Naomi Ling have successfully argued before the Supreme Court that employees are entitled to bring claims for equal pay in the civil courts. In Birmingham City Council v Abdulla 174 former Council employees, represented by Leigh Day & Co, issued claims for breach of contract in the High Court. They did so on the basis that the Council had paid them less than predominantly male groups of staff, in breach of the Equal Pay Act 1970. In a judgment handed down on 24th October the Supreme Court ruled that they were entitled to do so. The Council applied to strike out the Claimants’ claims for equal pay on the basis that it was more ‘convenient’ to…

News 23 Oct, 2012

Court of Protection finds woman with anorexia can be fed by force if necessary

Is giving life-sustaining treatment in the best interests of a person lacking capacity but fully aware of her situation? Mark Mullins recently represented the Health Authority in A local authority v E & others, the first case in which the Court of Protection has had to grapple with this question. In previous cases courts have declared lawful the withdrawal of life sustaining treatment from persons in a PVS or minimally conscious and from the very young and very old terminally ill. The position of an adult lacking capacity but able to express her views has never been dealt with before. Giving judgement in the Court of Protection on Friday 15th June 2012, Mr Justice Peter Jackson described the factors for…

News 17 Jun, 2012

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