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Professional Negligence

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

A patient’s decision to refuse dialysis against opposing Hospital

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

SSWP failed to carry out lawful assessments

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 in High Court challenge on behalf of learning disabled residents

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

Care home fined company £100,000 for death of resident from burns

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

IBM found to be in breach of duty to UK pension scheme members in “Project Waltz” proceedings

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

£500,000 payout over ambulance delay

Judgment was handed down by The Honourable Mr Justice Globe in the case of Ceri Leigh v The London Ambulance Service in which Christopher Gibson QC was representing the Claimant.

News 25 Feb, 2014

Christopher Kemp successfully represented Cardiff & Vale University NHS Trust in a 5 day hearing

The claim arose out of allegedly negligent vascular surgery in 2008 which the Claimant contended had resulted in the above knee amputation of the 64 year old Claimant’s right leg. Specifically the Claimant criticised the surgeon’s use of a Dacron graft (as opposed to a vein graft) to bypass the diseased common femoral artery. After hearing extensive evidence from expert vascular surgeons (Professor Peter Bell for the Claimant and Mr Jonothan Earnshaw for the Trust) the trial Judge (Treverton-Jones QC) dismissed the claim.

News 6 May, 2013

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