News & Events
News & Events
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, 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
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
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
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
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
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
John McKendrick has been instructed in a Court of Protection case where King’s College Hospital NHS Foundation Trust made an application to provide life-saving treatment against a patient’s will. The patient’s daughter, John’s client, argued that her mother was able and entitled to make the decision to refuse the treatment, despite it being a difficult decision. The Hospital Trust attempted to show that the patient lacked capacity to decide on ending her own life. Following a ten hour hearing, the Judge dismissed the Trust’s application, as he was not persuaded by the hospital’s arguments, although he noted that it was right to make the application. Press coverage of the case can be viewed here. The court’s judgment can be viewed here.
News 20 Nov, 2015
Court finds that the Secretary of State for Work and Pensions failed to carry out lawful assessments when converting individuals to Employment and Support Allowance (ESA), Fiona Scolding acted for the Respondent, Mr Robert Dukes.
News 21 May, 2015
John McKendrick has represented residents of a learning disabled community in North Yorkshire. For more than 60 years, the village of Botton has been home to people with learning disabilities who share accommodation with volunteer “house parents” and their families. The charity which manages the village, Camphill Village Trust, has proposed that “house parents” be treated as employees rather than volunteers, which the residents believe will gravely disrupt their lives. The three residents whom barrister John McKendrick has represented brought a challenge to the proposed plans, as a breach of their human rights. John told the court: “The claimants have enjoyed a private life both by way of developing relationships with others and also by respect for privacy in their…
News 16 Apr, 2015
Tim Green of Outer Temple Chambers was recently instructed by the HSE to prosecute Western Park Leicester Limited for a breach of s3 HSWA arising from the death of an elderly resident. Around 7.30 am on Monday 8 May 2012 Walter Powley fell in his room and was trapped against exposed hot water valves and pipes at 70 degrees Celsius. He sustained burns to his knees and legs which were a significant cause of his death 8 days later. Recorder Evans found the guidance available testifying to the danger posed from hot pipes to frail and elderly people was well known. Despite the company’s early guilty plea, the Judge fined the defendant £100,000 and ordered it to pay £35,000 costs.…
News 6 Feb, 2015
A landmark judgment has been handed down in the IBM Project Waltz proceedings, in which Outer Temple silks Andrew Spink QC and Nicolas Stallworthy QC appeared for the Trustee of IBM’s two principal UK defined benefit pension schemes and the Representative Beneficiaries respectively. In 2009 IBM announced that, with effect from 2011, the two schemes would close to further benefit accrual, IBM UK’s longstanding early retirement policy would become much more restrictive and salary increases would only be offered in future to members of the schemes if they signed “Non Pensionability Agreements” (under which any such increases would not count as “pensionable salary” so as to feed into the calculation of their past service benefits). This controversial package of proposals,…
News 6 Apr, 2014
