News & Events

Disciplinary & Regulatory

Patrick Sadd and Tim Nesbitt in High Court case on scope of EU commercial transport regulatory system

The High Court has just delivered judgment in DVSA v Rowe, an appeal launched by the relevant executive arm of the Department of Transport in relation to an issue about the range of commercial vehicle operators who were the subject of the regulatory system for commercial transport prescribed by EU law. Patrick Sadd and Tim Nesbitt who are both recognised leaders in the field of commercial transport regulation, appeared respectively for the Department of Transport and the Respondent.

News 4 Apr, 2017

James Counsell QC successfully prosecutes dishonest broker in Lloyd’s Disciplinary Tribunal

Mr Charles O’Sullivan, formerly a member of an LLP, member of Lloyd’s and a managing director of the special risks division of Besso Limited, was found guilty of charges of discreditable conduct. A disciplinary tribunal was told by James Counsell QC representing the Council of Lloyd’s, how Mr O’Sullivan, whilst acting as a placing broker in a series of insurance transactions between 2009 and 2012, deliberately misled other parties as to how much and what type of remuneration was being or had been earned by his company for financial gain. In all, he earned for those companies sums in excess of US$1.7m as a result of his deception. The Tribunal banned him from Lloyd’s, declared him unfit to be a member…

News 2 Mar, 2017

Fiona Horlick successfully defends doctor charged with sexual assault

Fiona Horlick, instructed by Eastwoods Solicitors, successfully defended a doctor charged with criminal offences of sexual assault. Fiona represented him at the trial at Wood Green Crown Court trial where he was acquitted of all charges under the Sexual Offences Act 2003 by the jury. The doctor, a general practitioner of long standing, was accused of sexually assaulting an elderly patient during a home visit and sexually assaulting a nurse when he was on duty at a hospital. Fiona has a particular expertise in defending professionals charged with criminal offences across a range of criminal offences including fraud, violence and sexual offences.

News 16 Nov, 2016

Outer Temple Chambers nominated for two Chambers UK Bar Awards 2016

Outer Temple Chambers is pleased to have been nominated in two categories for the Chambers UK Bar Awards 2016. Within Personal Injury/Clinical Negligence, Cara Guthrie has received nominations for Junior of the Year and Fiona Horlick is nominated for Junior of the Year within Professional Discipline. The Awards ceremony will take place on 27th October. To instruct either Cara or Fiona please contact Paul Barton, Business Development Director, Health team.

News 20 Sep, 2016

Tim Nesbitt successfully defends solicitor dishonesty charges

In a hearing this week before the SDT Marcus Nickson, a prominent clinical negligence practitioner in the north west, was charged with allegations that included the dishonest misappropriation of substantial sums in respect of costs from damages awards for clients. The principal issues before the Tribunal were the level of involvement of Mr Nickson in costs issues in the firm of KJ Commons and co, and whether he had been dishonest. Whilst widespread other serious breaches were admitted, Mr Nickson was acquitted of all dishonesty allegations, which were the principal contested issues. Mr Nickson had been in partnership with Kevin Commons, the solicitor who was murdered in the notorious mass killings by Derrick Bird in Cumbria in June 2010, and…

News 15 Jul, 2016

Gabor Bognar successful in GDC misconduct hearing

The client (“Mr S”), a dental technician, faced charges including dishonesty in fitness to practise proceedings before the Professional Conduct Committee (“the Committee”) of the General Dental Council (“the GDC”). He was alleged to have acted beyond the permitted scope of practice by having undertaken various tasks in making “copy dentures” for a patient, without a prescription or other appropriate input from a dentist and/or a clinical dental technician. Gabor Bognar, instructed by the Bar Pro Bono Unit, represented Mr S at the misconduct hearing which took place between 31st May and 3rd June 2016. The GDC pursued the proceedings against Mr S notwithstanding that the patient who had triggered the investigation withdrew his complaint. Consequently, the prosecution’s evidence was…

News 7 Jul, 2016

James Counsell successful in disciplinary hearing against barrister

On 9 June 2016, James Counsell represented the Bar Standards Board in disciplinary proceedings brought against employment barrister, Damian McCarthy, for dishonestly forging client care letters when acting for a public access client. The hearing that took place over four days was the second time that a tribunal has disbarred Mr McCarthy for these actions. He was first disbarred in 2011 in earlier proceedings in which James was not involved. That disbarment was overturned by the Court of Appeal in 2015, due to a procedural error made by the BSB during the original disciplinary tribunal. The 2016 independent tribunal found both allegations proved and disbarred Mr McCarthy from practising as a barrister. Click here to read more about the case.

News 24 Jun, 2016

James Counsell acts in disciplinary proceedings against Constance Briscoe

James Counsell acted for the Bar Standards Board in disciplinary proceedings against former Recorder and barrister, Constance Briscoe, arising out of her involvement in the Chris Huhne / Vicky Pryce speedings points investigation, which led to all three being convicted of perverting the course of justice and receiving sentences of imprisonment. A five-person Disciplinary Tribunal of the Council of the Inns of Court, at a hearing on 15 April 2016, heard that Ms Briscoe had made two statements to the police which contained deliberately false information in order to hide the fact that she had been involved in setting up meetings and agreeing a contract between newspapers and her friend Vicky Pryce and to give the impression that she was…

News 25 Apr, 2016

Miranda de Savorgnani is interviewed by LexisPSL

EU law junior Miranda de Savorgnani is interviewed by LexisPSL, on the impact of EU reform negotiations could have on competitiveness and regulation in the UK. Miranda has a strong background in EU law, having been an EU competition law associate at Stibbe law firm in Amsterdam for three years prior to coming to the Bar, where she represented multinationals in EU Commission cartel investigations, merger notifications and litigation before the EU General Court. Since becoming a tenant at OTC, she has worked with Stewarts Law LLP on a competition follow-on damages claim by a consortium of UK retailers against Mastercard and Visa for inflated interchange fees. Miranda is also competition counsel in potential follow on proceedings in relation to…

News 18 Feb, 2016

James Leonard in landmark corporate manslaughter case

James Leonard, led by Ian Stern QC (2 Bedford Row), represented Dr Errol Cornish in a landmark corporate manslaughter case, against an anaesthetist and NHS trust. The trial collapsed in the third week of the hearing at Inner London Crown Court. The Jury were instructed by Mr Justice Coulson, to acquit both defendants on Thursday, having ruled the day before that they had no case to answer. It was the first time a health service body had been prosecuted, following the introduction of the offence. There will be no appeal. James Leonard was instructed by Richard Privett and Sam Flew of Radcliffes Le Brasseur.

News 29 Jan, 2016

James Counsell acts in disbarment of dishonest barrister

James Counsell represented the Bar Standards Board (BSB) in disciplinary proceedings brought against a Bahamas based barrister for dishonestly declaring he had a degree from the University of London when he did not. After a two-day hearing on 2 and 3 November 2015, an independent disciplinary tribunal ordered that the barrister, Mr Shavon Bethel, should be disbarred from the Bar of England and Wales. This decision followed the BSB taking enforcement action against Mr Bethel after it had emerged that he had falsely claimed to have been awarded an LLB law degree by the University of London. To back up this claim, Mr Bethel produced fake degree certificates dated March and July 2005. Mr Bethel made the false claim in…

News 27 Nov, 2015

Fiona Horlick appeared for the Institute and Faculty of Actuaries in a disciplinary case

Fiona Horlick appeared for the Institute and Faculty of Actuaries (IFoA) in a recent disciplinary hearing involving allegations brought by IFoA against two scheme actuaries. The facts involved their misconduct in relation to three pension schemes including breaches of the pensions legislation in relation to scheme actuary work, breaches of the TASs and incompetence in relation to their work. Both were expelled from membership.

News 19 Jul, 2015

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