News & Events

Professional Negligence

Outer Temple to sponsor PNLA online conference and host live closing event

Outer Temple Chambers will be sponsoring the Professional Negligence Lawyers Association (PNLA) online conference as well as hosting their live closing event on 1st November 2022. Barristers, Richard Hitchcock KC, Nicholas Hill, and Helen Pugh will be speaking. Outer Temple will be sponsoring the upcoming PNLA online conference, to be held on 1st November 2022. This will be followed by a closing event that we will be hosting at chambers. The Professional Negligence Lawyers Association (PNLA), are an organisation who specialise in resolving disputes between professionals and their clients. Our barristers, Richard Hitchcock QC, Nicholas Hill, and Helen Pugh will all be speaking at the conference. Richard Hitchcock KC will be speaking on, ‘Some thoughts on Limitation: Knowledge and Concealment’,…

Events 26 Sep, 2022

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…

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

Teresa Rosen Peacocke and Gabor Bognar successful in trust-related professional negligence claim in the Court of Appeal

Teresa Rosen Peacocke and Gabor Bognar successfully appealed the first instance decision in the Court of Appeal, in the case of Gosden v Halliwell Landau (A Firm). As a result, the Claimants/Appellants are now entitled to recover damages for professional negligence against solicitors who acted for the First Appellant’s mother, now deceased, in the creation of an estate-planning scheme which the Defendants promoted as having Inheritance Tax advantages. The scheme included the creation of trusts, into one of which the mother’s home was to be transferred. This was to be achieved by creating an open contract for the sale of the house to the trustees, which should have been, but was not, protected by a restriction entered on the Land…

News 10 Feb, 2020

Oliver Powell acts for senior underwriters in proceedings brought by Council of Lloyd’s

In proceedings brought before the Lloyd’s Enforcement Board, two senior underwriters at a Lloyd’s Managing Agent have each accepted charges of discreditable conduct relating to improper appropriation by them of confidential information of commercial value to their employer. Background Mr Christopher Larkby and Mr David Larkby both worked as senior underwriters in the High Risk team at ERS Syndicate Management Limited (‘ERS’), underwriting on behalf of syndicate 218 until 2017, when they joined another insurance firm (not regulated by Lloyd’s). As persons who worked for a Lloyd’s managing agent, both individuals were and remain within Lloyd’s enforcement jurisdiction in respect of the acts committed during the relevant period. Over a period of a year prior to their respective departures, Messrs…

News 29 Aug, 2018

James Counsell QC successful in Bar Tribunal disciplinary appeal

James Counsell QC successful for BSB, in an appeal against a finding of professional misconduct by Howard Godfrey QC, the Administrative Court (Lady Justice Sharp and Mr justice Spencer) rejected an argument that, in making disparaging remarks about the victim of a sexual assault, whilst acting for the abuser in an appeal against conviction and sentence, Mr Godfrey, a criminal silk for 25 years, was not guilty of professional misconduct. The Administrative Court held that the Disciplinary Tribunal of the Council of the Inns of Court had been correct to find that Mr Godfrey’s description of the victim as being “a girl accustomed to taking alcohol, who previously … had made a rape allegation against two boys that was then…

News 11 Jun, 2018

Tom Gibson appears in successful ‘secondary victim’ psychiatric injury claims

Tom Gibson appeared recently in two successful ‘secondary victim’ psychiatric injury claims brought by the bereaved parents of patients who died in hospital. In the first case, a newborn died shortly after birth, following unsuccessful resuscitation attempts in the operating theatre, after the mother’s labour had been managed negligently. The baby’s father brought a secondary victim psychiatric injury claim. He claimed that he had suffered a depressive adjustment disorder as a result of witnessing his baby’s resuscitation attempts and death. The defendant hospital trust denied, in its defence, that the claimant father was entitled to recover damages for psychiatric injury as a ‘secondary victim’. However the claim was settled successfully, in autumn 2017, after case management directions had been set towards…

News 21 Mar, 2018

Cara Guthrie in Dunhill v W Brook & Co

Cara Guthrie, together with Anneliese Day QC, successfully defended a barrister alleged to have negligently under-settled a personal injury claim in the Court of Appeal. The Court of Appeal declined to interfere with the decision of Elisabeth Laing J. who had exonerated the barrister at first instance. In a judgment which yet again stresses the constraints of the Court of Appeal in proceedings like these, Sir Brian Leveson P. said in relation to the barrister’s assessment of the liability risk: “[56] …In my judgment, to interfere with her conclusion that Mr Crossley was entitled to fear that the case no longer had a 50% prospect of success and could fail in its entirety runs contrary to what is the clear…

News 16 Mar, 2018

James Counsell QC – holistic update on professional negligence

The PNLA (Professional Negligence Lawyers Association) conference welcomes James Counsell QC who will address the scope of duty by professional advisers. The event, to be held on Wednesday 7 February in Bristol, UK, will explore legal developments and general trends and issues, providing an essential update to practitioners in the sector. Discussions will cover, amongst others, ‘Litigation & ADR in Ireland’, ‘The Business and Property Courts’, ‘Wills & Probate’. James is part of a group of experienced practitioners speakers. He acts against a wide variety of professionals, including accountants, solicitors, barristers and surveyors. To reserve a place at the conference, please use this link.

Events 6 Feb, 2018

BSB in sexual assault appeal over offensive remarks

On 12 December 2017, James Counsell QC represented the Bar Standards Board to respond to an appeal brought by Howard Godfrey QC against a decision of the Disciplinary Tribunal of the Council of the Inns of Court. The Tribunal had found that Mr Godfrey was guilty of professional misconduct as a result of comments he had made in the Criminal Court of Appeal about a 16 year-old sexual assault victim which were offensive, unnecessary and implied that she bore responsibility for the assault committed on her by her stepfather. The High Court (Lady Justice Sharp and Mr Justice Spencer) heard that Mr Godfrey, a criminal barrister, called in 1970 and a QC since 1991, had told the Court of Appeal, during…

News 19 Dec, 2017

The British Legal Awards 2017: Finalists

We are delighted to have been shortlisted in Legal Week’s British Legal Awards 2017 – Chambers of the Year category. The British Legal Awards hosted by Legal Week in association with The City of London Law Society, takes place at the end of the LegalWeek Connect, and is due to be attended by 1,000 lawyers. All 29 categories have been carefully chosen to reflect the ever-complex and challenging work of business lawyers at law firms, within legal departments and at the Bar. Key awards this year include The City of London Law Society Lifetime Achievement Award, Chambers of the Year, Law Firm of the Year, General Counsel of the Year, Editor’s Award: Law Firm Leader of the Year and the Legal…

News 20 Oct, 2017

TV quiz barrister fined £2,500 for inadequate advice

James Counsell acted for the Bar Standards Board in disciplinary proceedings brought against Dr Shaun Wallace, a criminal barrister based in London, who also stars in the TV quiz show “The Chase”. At the hearing Dr Wallace admitted four charges relating to the advice and representation he gave to a defendant and which led to the 22-year old defendant pleading guilty to a section 18 wounding with intent charge, when he thought he was pleading guilty to the lesser offence of section 20. James Counsell described how Dr Wallace had conducted pre-trial conferences at the defendant’s bail address in the absence of a solicitor, but took no notes of the advice which he gave. Having told his client that he…

News 1 Nov, 2016

Late switch of surgeon: can this invalidate consent?

James Counsell reports on a successful claim based on lack of consent, in which a patient was told on the day of the operation that her spinal surgery was not to be performed by the expected clinician.

News 5 Jan, 2016

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