News & Events
News & Events
The case was before the Upper Tier Mental Health Tribunal and concerned the discharge of a restricted patient who had been assessed to lack capacity to make decisions about various matters including his residence and compliance with psychotropic medication regime. Outer Temple’s Alex Cisneros appeared as counsel for the Secretary of State for Justice in this case. The Upper Tier (UTT) was considering an appeal relating to a 63 year old man, ML, who was a restricted patient detained under sections 47 and 49 of the Mental Health Act 1983. His tariff (the criminal aspect of his detention) expired 30 years ago. ML was seeking a conditional discharge from detention. The First Tier Tribunal (FTT) had heard evidence that the patient lacked capacity…
News 28 Nov, 2023
Outer Temple’s John McKendrick KC and Josh Hitchens have been instructed in a judicial review of the Lord Chancellor’s refusal to hold a public inquiry into abuse at Medomsley Detention Centre (“MDC”). A new investigation has been launched into the abuse at Medomsley Detention Centre after thousands of inmates have reported being attacked at the County Durham facility between 1961 and 1987. John McKendrick KC and Josh Hitchens, instructed by David Greenwood of Switalskis solicitors, were instructed in a judicial review of the Lord Chancellor’s refusal to hold a public inquiry into abuse at Medomsley Detention Centre (“MDC”). MDC was a detention centre for young offenders operating between the 1960s and 1980s. It is estimated that nearly 2,000 young people…
News 9 Nov, 2023
The final report of the Brook House Inquiry, in which Paul Livingston was Junior Counsel to the Inquiry, was published yesterday, 19th September 2023. The Inquiry, chaired by Kate Eves, was established to investigate the mistreatment of people detained at Brook House Immigration Removal Centre from April to August 2017, following a BBC Panorama investigation which was broadcast in September 2017, showing covert footage recorded over that period. The Inquiry found 19 incidents in which there was credible evidence of acts or omissions that were capable of amounting to mistreatment contrary to Article 3 of the European Convention on Human Rights, including inappropriate use of force, unnecessary infliction of pain, physical violence, threatening and humiliating comments, and inappropriate segregation. Findings…
External Publications 20 Sep, 2023
The inquest into the tragic death of Archie Battersbee started on Tuesday 7th February 2023, with Carin Hunt representing Barts Health NHS Trust and Mid & South Essex NHS Trust; the Trusts that operate the hospitals where Archie was treated. Archie Battersbee was found unconscious at home on 7 April 2022 by his mother. Following treatment at the scene by paramedics he was conveyed to hospital. Sadly, Archie’s doctors suspected brain stem death and applied to court for a declaration that it would be lawful for them to undertake brain stem testing, as Archie’s parents did not want the testing to take place. A lengthy legal dispute in respect of Archie’s treatment ensued. Pursuant to an order of the court,…
News 9 Feb, 2023
The Women and Equalities Select Committee invited Naomi Cunningham to a formal meeting on the Gender Recognition Reform (Scotland) Bill and Equality Act Naomi Cunningham appeared last week before the Women and Equalities Select Committee to discuss the interaction between the Equality Act 2010 and the Gender Recognition Act 2004. She appeared before MPs beside Lord Falconer of Thoroton KC, Robin White (Barrister, Old Square Chambers) and Dr Michael Foran (Senior Fellow and Lecturer in Public Law at Glasgow University) to explore the repercussions of the Scottish Government’s Gender Recognition Reform Bill. Cross-party MPs were told that the SNP’s Gender Recognition Reform (Scotland) Bill (GRR) will change the legal definition of sex for both men and women, to the extent that…
News 9 Feb, 2023
Outer Temple’s Joshua Hitchens’ book, Forced Marriage Law and Practice, has come Runner-Up for New Author’s prize in the Inner Temple Book Prize 2022. Josh Hitchens, jointly with Niamh Daly of 1GC Chambers, recently published Forced Marriage Law and Practice and we would like to congratulate them both for coming Runner-Up in the New Author category of the Inner Temple Book Prize 2022. The Inner Temple Book Prizes are described as “one of the highest honours that legal authorship can aspire to”. The Prizes are intended to recognise and to encourage the writing of books which make an outstanding contribution to the understanding of law as administered in England and Wales. The long term aim of the Prize is to…
External Publications 5 Jan, 2023
The OAS Administrative Tribunal has handed down judgment in Griner v Secretary General of the OAS, judgment no. 169. Alex Haines and Victoria Brown appeared for the successful Complainant during a three-day hearing at the OAS’s headquarters in Washington DC in April 2022 before all six judges of the Tribunal sitting en banc for the first time. In its historic decision, the Tribunal changed the applicable standard of proof for cases of serious misconduct. The landmark win entirely vindicates Mr Griner, whom the Tribunal ordered be re-instated with back-pay, or be awarded the maximum available under the Tribunal’s Statute; the latter for only the second time in the Tribunal’s history, and for the first time since the 1980s. The Trump…
News 4 Oct, 2022
OTC’s Robert Dickason is instructed for the Department of Levelling Up, Housing and Communities in the UK Covid-19 Inquiry. Following the official launch by Baroness Hallett of the UK Covid-19 Inquiry on 21st July 2022, and the commencement of Module 1 focusing on the UK’s preparedness for a pandemic, the process of evidence gathering is already underway. OTC’s Robert Dickason, one of the Attorney-General’s B Panel counsel, is instructed for the Department of Levelling Up, Housing and Communities (formerly the Ministry of Housing, Communities and Local Government). Robert’s instruction reinforces OTC’s involvement in the Inquiry from its outset. See also our recent announcement of Paul Livingston and Joshua Cainer joining the Inquiry’s legal team here. The next 12 months sees…
Covid-19 1 Aug, 2022
The UK Covid-19 Public Inquiry has now officially opened, headed by Baroness Heather Hallett who has appointed 50 junior Counsel to the legal team including OTC’s Paul Livingston and Joshua Cainer. Baroness Hallett launched the UK Covid-19 Inquiry on 21st July 2022 and opened its first investigation into the preparedness of the UK for a pandemic. Baroness Hallett also set out the timetable for the first 12 months of the Inquiry saying, “It’s time for facts, not opinions – and I will be resolute in my quest for the truth. The Inquiry is already gathering evidence and I will be holding public hearings next year.” The next 12 months sees Module 1 looking into the UK’s preparedness for a pandemic.…
Covid-19 29 Jul, 2022
Outer Temple’s Paul Rogers acted for Sussex police in the Inquest into the death of Ms Blessing Olesegun. This involved the tragic death by drowning of a 21-year-old woman. In September 2021, A 21-year-old woman was found dead on the shore of Bexhill seafront. She was found clothed on the beach and further along the beach her shoes, mobile telephone and some other personal items were found together. It was confirmed by her post-mortem that she had unfortunately drowned. Dr Rycroft, Consultant Pathologist has said that “There is nothing to suggest there was a third-party involvement that caused her to be in the sea”. H.M. Senior Coroner Alan Craze recorded a conclusion of accidental death. Paul Rogers was instructed by…
News 27 May, 2022
We are delighted to welcome Edward Morgan QC to our business team. Ed joins us with a well-established practice focused on employment law, commercial law, disciplinary and regulatory work. He is also an accredited Mediator and Arbitrator. Ed studied in Northern England (LLB and LLM) and Belgium (JCL, PhD and JCD). He was called to the Bar of England & Wales in 1989 and the Bar of Northern Ireland in 2000. He was appointed silk in 2021. His judicial appointments include fee-paid Employment Judge and Assistant Coroner. Ed’s expertise is widely recognised; he regularly writes case reviews for LexisNexis and professional book reviews for specialist journals, including the Ecclesiastical Law Journal and the Canon Law Society of Great Britain and…
News 27 Apr, 2022
We are delighted to announce that Naomi Cunningham has been named by The Lawyer as a ‘Hot 100 Lawyer’ for 2022. Every year, The Lawyer compiles a list of lawyers that they feel have made an impact on the legal world and have excelled in their field. Their ‘Hot 100’ rates on excellence and relevance. It covers “an incredibly diverse mix of legal professionals; scrappers from the rough and tumble of criminal law; sophisticated corporate dealmakers; intellectuals and silver-tongued advocates from barristers’ profession; the in-house counsel with the ear of their CEOs; associates rising to greatness; and even the occasional professional with no legal qualifications at all who is nevertheless showing the industry how to better itself. But whatever…
News 17 Jan, 2022
