News & Events

Personal Injury

Vlog: The Spinal Injuries Series – Care Claims in Spinal Injuries

In the first episode of the Outer Temple Spinal Injuries Series, Jonathan Hand QC and Ian Denham provide a short video presentation on care claims in spinal injuries. Welcome to Outer Temple’s Spinal Injuries Series – a collection of short recorded discussions and presentations on various topics of interest related to spinal injury claims. Care is often the largest head of loss and can give rise to a wide range of issues. Jonathan and Ian discuss issues that they encounter frequently in their practice, which can often have a significant impact on the value of the claim. Jonathan considers the principles for the assessment of future care and how the outcome of these issues can often be uncertain. Jonathan considers…

News, Spinal Injuries Series, Webinars & Vlogs 25 May, 2021

Ben Fitzgerald joins Outer Temple Chambers’ Health Team

Outer Temple Chambers is delighted to welcome Practice Manager Ben Fitzgerald to our health team. We are delighted to welcome Ben Fitzgerald to the Practice Management Team at Outer Temple Chambers. Ben has taken up the position of Practice Manager and will be supporting the Health Department, which includes Clinical Negligence, Personal Injury and Travel, Sports and Public Law practices. Ben will work alongside Mark Gardner and Chris Rowe to ensure the efficient day to day running of the team and support Paul Barton, the Health Team Practice Director. Ben has been clerking since 2008, with experience in multiple practice areas, most recently focusing on personal injury, clinical negligence and international practices. He has also managed employment and professional discipline…

News 18 May, 2021

Silk Appointment: Rachel Vickers QC

We are delighted to announce that Rachel Vickers has been elevated to the ranks of silk and, from 15 March 2021, will officially be Rachel Vickers QC. Rachel Vickers has over 20 years experience undertaking personal injury and clinical negligence cases. During this period she has been involved in cases covering nearly all areas of clinical specialism. In recent years she has gained considerable expertise litigating high value birth injury, neurological and spinal injury claims. She is instructed on behalf of Claimants and by the NHS Resolution, MDU and MPS and is totally dedicated to achieving the best result for her clients in a wholly compassionate manner. This year, clients fed back to Legal 500 that Rachel “has the incredible…

News 15 Mar, 2021

Historical Sexual Abuse Claims: Is Vicarious Liability “On The Move” Again?

James Counsell QC and Joshua Cainer have been published in the latest issue of the Journal of Personal Injury Law. James and Joshua consider the ever moving sphere of vicarious liability and the impact of the recent Supreme Court decision on historical sexual abuse cases. This article discusses the latest Supreme Court decisions on vicarious liability, Barclays Bank Plc v Various Claimants and WM Morrisons Supermarkets Plc v Various Claimants, and their likely effect on the substantive outcomes in personal injury claims arising out of historical and more recent sexual abuse. It considers this by reference to some recent High Court cases on historical sexual abuse which pre-date the Supreme Court’s decisions, as well as one High Court case which…

Legal Blog & Publications, News, Personal Injury 4 Mar, 2021

Historical sexual abuse claims – limitation risks in out of time claims (Part Two)

In this second blog on the particular challenges posed by limitation periods in historical sexual abuse claims, James Counsell QC and Joshua Cainer focus on the second key live issue under section 33(3)(b), namely the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the parties is or is likely to be less cogent than if the action had been brought in time. The first blog can be found here.  In the first of two recent blogs on the particular challenges posed by limitation periods in historical sexual abuse claims, James Counsell QC and Joshua Cainer considered how historical sexual abuse claims are often brought long after primary limitation has expired, in which…

Legal Blog & Publications, Personal Injury 20 Jan, 2021

Historical sexual abuse claims – limitation risks in out of time claims (Part One)

In the first of two blogs, James Counsell QC and Joshua Cainer discuss the particular challenges posed by limitation periods in historical sexual abuse claims, and seek to identify, by reference to four very recent historical sexual abuse High Court judgments, the key considerations which courts take into account when determining whether such claims are barred by reason of expired limitation. The second blog can be found here. Key elements to success in historical sexual abuse claims Sexual abuse claims often rely on vicarious liability as a cause of action. Whilst all claims relying upon vicarious liability have their difficulties, claimants in historical sexual abuse claims have unique challenges to overcome. To succeed, a claimant usually must overcome three hurdles:…

Legal Blog & Publications, Personal Injury 12 Jan, 2021

David Haines joins Outer Temple Chambers

Outer Temple Chambers is delighted to welcome David Haines to our clinical negligence and personal injury team. David qualified in medicine in 1998 and practised as a junior doctor prior to joining the Bar in 2005. He has since built a broad ranging, complex, clinical and dental negligence and personal injury practice. He also undertakes sports, Court of Protection and inquest work. He has considerable experience in advisory work, settling pleadings including schedules of special damages and counter schedules. David is a particular authority in clinical negligence and is ranked in Chambers and Partners 2021. The legal directory notes that he is “clear, fastidious and bright…excellent with clients and experts alike and has a great understanding of medical issues”. They…

Clinical Negligence, News 18 Nov, 2020

Brownlie v Four Seasons (No. 2): A Binding Decision on the Meaning of the Tort Jurisdiction Gateway, For Now

Carin Hunt’s article titled ‘Brownlie v Four Seasons (No. 2): A Binding Decision on the Meaning of the Tort Jurisdiction Gateway, For Now’ has been published in the New Law Journal. On 29 July 2020 the Court of Appeal handed down judgment in Brownlie (No. 2) [2020] EWCA Civ 995, the most recent instalment of one of the longest-running jurisdiction disputes in English personal injury law.  It upheld the decision of Nicol J and agreed with the majority of the Supreme Court in Brownlie (No. 1), [2017] UKSC 80. Carin’s article considers the facts of the case, the issue on appeal, the Court of Appeal’s decision and a question of evidence and procedure in the pleading of foreign law You…

Legal Blog & Publications, News, Personal Injury, Travel 5 Nov, 2020

Limitation provisions during lockdown for personal injury & clinical negligence matters

Carin Hunt considers limitation issues resulting from the COVID-19 lockdown in her article for Lexis PSL. In the Lexis PSL article, ‘Coronavirus (COVID-19)—limitation provisions during lockdown for PI and clinical negligence matters’, Carin Hunt considers the consequences of Covid-19 for the limitation of personal injury and clinical negligence claims. Carin looks at delays to the conduct of litigation caused by the pandemic, and considers the use of standstill agreements and the operation of section 33 of the Limitation Act 1980 to keep claims in time. Article If you have subscription to Lexis, you may read the article here.  About the Author Carin Hunt joined Chambers in September 2019, following her pupillage and she is developing a busy practice in the…

Clinical Negligence, Legal Blog & Publications, Personal Injury 12 Aug, 2020

Watch the Webinar; Litigation Friends – Where are we now?

Speakers from Outer Temple Chambers were delighted to be joined by The Rt Hon Sir Ernest Ryder and Sarah Castle for a webinar looking at the current and future role of litigation friends. Watch the full webinar here. The role of a litigation friend for those who lack capacity is changing rapidly and at Outer Temple Chambers, members have experience ranging from the parole board to private client cases, far beyond the traditional scope of clinical negligence, personal injury, professional negligence and Court of Protection work. To explain these developments and what it may mean for the future, our panel of experts was led by The Rt Hon. Sir Ernest Ryder who, as Senior President, has made a major contribution…

Employment Webinars, Events, Legal Blog & Publications, Webinars & Vlogs 3 Aug, 2020

Court of Appeal upholds that tragic Egypt holiday RTA case can be brought home

Judgment was today handed down by the Court of Appeal in Brownlie v FS Cairo (Brownlie No 2). After years of legal wrangle, it upheld that the case of this tragic road accident whilst on holiday in Egypt can be heard in the Courts of England and Wales. The Court of Appeal (Underhill V-P, McCombe LJ, Arnold LJ dissenting) has followed the majority decision of the Supreme Court in Brownlie No. 1 and held that the meaning of “damage” in the tort jurisdiction gateway means “any substantial” damage. In so finding, it has concluded that Lady Brownlie can bring her claim for damages sustained in a road accident in Egypt in 2010 before the Courts of England and Wales. The…

News, Personal Injury, Travel 29 Jul, 2020

MOJ Publishes Review of Criminal Injuries Compensation Scheme

Carin Hunt outlines the MOJ’s proposed reforms to the Criminal Injuries Compensation Scheme. The proposals seek to better support victims of violent crime, particularly those who suffer historic or current child abuse. The Criminal Injuries Compensation Scheme (“the Scheme”) is a statutory scheme that compensates victims of violent crime in England, Scotland and Wales. On 16 July 2020, the MOJ published its first review of the Scheme since 2012, setting out a number of proposals for reform (“the Review”). The Scheme The Scheme is a tariff-based system for determining injury awards for victims of violent crime. A violent crime is defined in Annex B to the Scheme as one of the following acts, if done either intentionally or recklessly: (a)…

Legal Blog & Publications, Personal Injury 23 Jul, 2020

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