News & Events
News & Events
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, Public Law 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, Public Law 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…
Legal Blog & Publications, International, Public 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, Public Law 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, News, Inquests & Inquiries during Covid-19, Public Law 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, News, Inquests & Inquiries during Covid-19, Public Law 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, Inquests & Inquiries 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…
Commercial, News, Employment 27 Apr, 2022
Alex Cisneros appeared in a recent reported case before the Court of Protection, in which the Court investigated an unusual situation involving restrictions imposed on a young man at serious risk of offending. The case involved a young man with a history of offending and variable compliance with authorities. There was a risk, given his offending history and drug and alcohol reliance that the court would be forced to place him in a highly restrictive environment. Ultimately, the local authority adopted a multi-disciplinary approach and a solution was found. Alex Cisneros represented the local authority, who the court thanked for its “hard work” to find a safe placement for the protected party that would not be unnecessary restrictive. The case…
News, Public Law 9 Dec, 2021
Paul Livingston is Junior Counsel to the Brook House public inquiry, set up to investigate mistreatment of individuals detained at Brook House IRC in 2017, as shown on BBC Panorama’s “Under-Cover: Britain’s Immigration Secrets”. Hearings began earlier today with an opening statement from Brian Altman QC, Leading Counsel to the Inquiry.. Chaired by Kate Eves, The Brook House Inquiry is a public inquiry set up to investigate the decisions, actions and circumstances surrounding the mistreatment of individuals who were detained at Brook House Immigration Removal Centre (IRC) shown in the BBC Panorama programme “Under-Cover: Britain’s Immigration Secrets”, aired on 4 September 2017. The Inquiry will consider allegations of mistreatment at Brook House relating to the period from April 2017 to…
News, Public Law 23 Nov, 2021
John successfully appeared for the respondent before the High Court in AB v XS [2021] EWCOP 57, before Mrs Justice Lieven. The proceedings, in late October, concerned the welfare of an elderly lady, a British and Lebanese citizen, resident in Beirut, Lebanon. The application sought an order for the return of the lady from Beirut to England and Wales. Lieven J agreed with John’s submissions that she was habitually resident in Lebanon and therefore by application of section 63 of the Mental Capacity Act 2005, orders could not be made under the 2005 Act and that the exercise of the Inherent Jurisdiction on the basis of her British citizenship was inappropriate. She also accepted it was in her best interests to…
News, Public Law 4 Nov, 2021
John McKendrick QC (instructed by John Holmes at Hempsons) acted for the First and Second Interveners in Bell v Tavistock And Portman NHS Foundation Trust [2021] EWCA Civ 1363. On 17 September, the Court of Appeal held that doctors can decide whether children under 16 can give informed consent to puberty blocker use. This judgment reverses the High Court ruling that individuals under 16 normally lacked the capacity to give informed consent to the treatment of puberty blockers, which delays the onset of puberty.The appeal was brought by the Tavistock Trust (supported by John’s clients), which has operated a Gender Identity Development Service for patients up to the age of 18 suffering from gender dysphoria since 1989. The Court of…
News 30 Sep, 2021