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Fiona Horlick KC, leading Oliver Powell, appear on behalf of CEO of Care Home Provider

Fiona Horlick KC, leading Oliver Powell, appear on behalf of CEO of Care Home Provider

Fiona Horlick KC and Oliver Powell, instructed by Andrew Oliver of Andrew Jackson LLP, appeared on behalf of a care home provider at Teesside Crown Court. Following applications made by Fiona and Oliver (& other co-defending counsel), the CPS offered no evidence. Background: between 2016 and 2017, 5 service users, who were residents at two care homes owned by the care provider, passed away. The 8 defendants faced an indictment containing 19 counts arising from the circumstances in which the 5 people died. The deceased were all residents in care homes. The matter was listed for a 10-week trial. The case: Broadly distilled, it was the Crown’s case that the care home provider failed to discharge a duty under s.3…

News 26 Jun, 2024

Outer Temple's Health and Safety law specialist, James Leonard KC, represented Melfort Construction Services Ltd in a four-week trial at Lincoln Crown Court following the death of an employee on site.

James Leonard KC represents construction company in Health & Safety case following death of employee on site

Outer Temple’s Health and Safety law specialist, James Leonard KC, represented Melfort Construction Services Ltd in a four-week trial at Lincoln Crown Court following the death of an employee on site. James Leonard KC represented Melfort Construction Services Ltd in a four-week trial at Lincoln Crown Court. The allegation was a failure on the part of Melfort, a specialist groundworks contractor, to ensure the health and safety of an employee who sadly died at a construction site in Lincoln in 2020. The employee was working for Melfort Construction as a dump truck driver and Melfort Construction had been sub-contracted to the Lindum Group to carry out groundwork. The employee was driving his front-loaded dump truck when he opened the barriers…

News 6 Dec, 2023

Olinga Tahzib instructed by the Department of Health and Social Care in COVID-19 Inquiry

Olinga Tahzib instructed by the Department of Health and Social Care in COVID-19 Inquiry

Olinga Tahzib, of Outer Temple Chambers, has recently been instructed to join a team of counsel to represent the interests of the Department of Health and Social Care (DHSC) in the UK COVID-19 Inquiry. The Inquiry has been set up to examine the UK’s response to and the impact of the COVID-19 pandemic, and to learn lessons for the future. The Inquiry’s work is guided by its Terms of Reference. Olinga’s work for the DHSC is focussed on Module 3, which examines the impact of the COVID-19 pandemic on healthcare. It will look into the governmental and societal response to COVID-19 as well as examining the impact that the pandemic had on healthcare systems, patients and healthcare workers. This will…

Covid-19 5 Jun, 2023

Paul Rogers appointed part time First Tier Tribunal Judge

Paul Rogers appointed as part time First Tier Tribunal Judge

We are delighted to announce that Paul Rogers has been appointed as a Fee Paid Judge of the First Tier Tribunal. He will be assigned to the Health, Education and Social Care Chamber. Appointed after a competitive process, he is now authorised to sit in the Special Educational Needs and Disability (SEND) Tribunal. This adds to his recent appointment as an Assistant Coroner. Paul remains in full time practice, and as a specialist in Health & Safety matters both in the Coronial Courts and in Criminal Enforcement action. Paul Rogers’ practice Paul has a proven track record in handling complex investigations, trials and appeals as lead counsel, at both the domestic and international level. He represents company directors and individuals charged…

News 8 Mar, 2023

Andrew Short KC and Helen Pugh published in New Law Journal (LexisNexis)

Outer Temple’s Andrew Short KC and Helen Pugh have been published in the New Law Journal (LexisNexis). Their article is entitled ‘No green light (yet) for climate actions’. Andrew Short KC and Helen Pugh have written an article called ‘No green light (yet) for climate actions’ which has been published in the New Law Journal (Lexis Nexis). Within the article, they discuss the high hurdles still faced by claimants when bringing climate-related derivative actions. Please click here to read the full article. Find out more Andrew Short KC’s practice centres on pensions, employment, and general commercial work. He is able to bring years of experience as a trial lawyer in hostile and contentious claims to bear whenever necessary. He has been recommended for Pensions…

External Publications 5 Oct, 2022

Outer Temple Chambers shortlisted in the Chambers UK Bar Awards 2022

Outer Temple Chambers is delighted to announce that we have been shortlisted as an ‘Outstanding Set’ in Diversity & Inclusion, by the Chambers UK Bar Awards 2022. Congratulations also to James Leonard, Naomi Ling, Matthew McDonagh, and Justina Stewart, who have been shortlisted for individual awards. Chambers & Partners announced the shortlist ahead of the Awards Ceremony on 17th November in London. Naomi Ling, Employment Naomi Ling has been shortlisted as ‘Employment Junior of the Year’ in recognition of her outstanding Employment practice last year. She is a highly sought-after employment barrister with over 20 years of experience in this area. Recent instructions of note include; Abdar v Morrisons, McCloud v Lord Chancellor, Turley v Port of Felixstowe James Leonard, Health…

News 1 Sep, 2022

James Leonard, leading Oliver Powell, secure halftime acquittals in gross negligence manslaughter case 

James Leonard and Oliver Powell, instructed by Chris Baranowski of DAC Beachcroft, appeared on behalf of Mr Gary Robinson, the former director of Complete Demolition Ltd, at the Central Criminal Crown Court. Mr Robinson was indicted on two counts: (1) gross negligence manslaughter; and (2) section 37 of the Health & Safety at Work etc. Act 1974 (‘HSWA 1974’). Background: On 23 August 2018 Robert Stoian went to work as a labourer for Complete Demolition Ltd (‘the Company’). The Company been contracted to remove the internal fittings on the fifth floor of the Global Switch Building in Docklands, East London. This included; the studded partition walls, the suspended ceiling and raised floor.  Embedded in one of the partition walls was a glazed unit which was 5.1m wide,…

News 9 May, 2022

Oliver Powell successful in Environmental Appeal

Oliver Powell, instructed by Andrew Oliver of Andrew Jackson LLP, appeared at York Crown Court in relation to an environmental appeal which had its genesis in regulatory breaches in the fishing sector. Oliver (who was not instructed at first instance) appeared on behalf of the appellant, John MacAlister (Oban) Ltd (‘the Company’). The case concerned an investigation by the North Eastern Inshore Fisheries and Conservation Authority (‘NEIFCA’) into the activities of one of the Company’s vessels, the Star of Annan. The breaches, which occurred variously on six different occasions, concerned: catching undersize scallops; fishing outside of a permitted area; fishing without a valid permit; fishing with more than 10 scallop dredges; failing to operate AIS; and fishing in a closed…

News 10 Sep, 2021

How will a safe return of spectators to elite sport be managed?

Paul Rogers provides a health & safety perspective on how to manage a safe return of spectators to elite sport in his article for LawInSport. The Department for Culture Media & Sport announced a series of pilots to trial the safe return of spectators to stadiums. The aim of the pilots was to prepare for the full “socially distanced” return of sporting events from 1 October 2020 in England as stated in its guidance “Elite sport – return to competition: safe return of spectators”. Paul’s article considers the : How the safe return of spectators will be managed; What the implications are for sporting venues under Sections 2, 3 and 4 of the Health and Safety at Work Act 1974;…

Legal Blogs 17 Aug, 2020

Paul Rogers on HSE Guidance, Enforcement and Social Distancing at Work

Paul Rogers considers what the HSE has said about enforcement, and what guidance there is to assist employers to make decisions about protective measures, and raises some questions about the difficulty of proving a material risk of transmission in relation to the so-called ‘two metre rule’. Paul Rogers of our Health & Safety Team has recently had an article published in LexisPSL exploring HSE guidance, enforcement and social distancing at work. The Guidance The Health and Safety Executive (HSE) has said it will look closely at concerns about social distancing and coronavirus (COVID-19) to secure compliance with the law, and has made clear that duty holders have a responsibility to protect workers and others against the risk of coronavirus infection…

External Publications 4 Jun, 2020

Paul Rogers on what PPE should be worn when resuscitating a person using CPR

Paul Rogers answers the vexing question of what PPE should be worn when resuscitating a person using CPR during Covid-19, given the conflict between PHE and the UK Resuscitation Council on whether chest compressions are aerosol generating procedures. Paul Rogers of our Health & Safety Team has recently had an article published in LexisPSL exploring what PPE should be worn when resuscitating a person. The Guidance PHE publication ‘COVID-19, infection prevention and control guidance’ explains that the transmission of coronavirus (COVID-19) is thought to occur mainly through respiratory droplets generated by coughing and sneezing and by contact with contaminated surfaces. During AGPs however, it recognises that there is an increased risk or aerosol spread of infectious agents and advises airborne…

Covid-19 11 May, 2020

Oliver Powell represents timber designer and constructor in fire safety case

Oliver Powell, instructed by Roy Tozer and Hannah Frost of Shoosmiths represented a company who were sub-contracted  to design and construct a timber frame structure for a commercial building project. The organisation was charged with contravening section 3 of the Health and Safety at Work etc. Act 1974 (‘HSWA 1974’) in relation to the design and construction of new timber framed building immediately adjacent to an occupied residential building. It was alleged that the organisation had failed to: ensure that the appropriate category of timber frame was used; and carry out an adequate assessment of the off-site fire risks. For the purposes of the sentencing exercise, the Health and Safety Executive (‘HSE’) initially sought starting points of not less than £250,000, on…

News 2 Mar, 2020

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