News & Events
News & Events
Outer Temple Chambers is delighted to welcome Practice Manager Ben Fitzgerald to our health team. We are delighted to welcome Ben Fitzgerald to the Practice Management Team at Outer Temple Chambers. Ben has taken up the position of Practice Manager and will be supporting the Health Department, which includes Clinical Negligence, Personal Injury and Travel, Sports and Public Law practices. Ben will work alongside Mark Gardner and Chris Rowe to ensure the efficient day to day running of the team and support Paul Barton, the Health Team Practice Director. Ben has been clerking since 2008, with experience in multiple practice areas, most recently focusing on personal injury, clinical negligence and international practices. He has also managed employment and professional discipline…
News 18 May, 2021
Tim Nesbitt QC and Alex Cisneros were successful this month in a Court of Appeal case, in which the Court of Appeal gives authoritative guidance on the approach required of Court of Protection under Article 6 of ECHR when considering excluding a party from proceedings. The case was an appeal against orders made by Mr Justice Hayden, the Vice-President of the Court of Protection, to exclude the mother of a highly vulnerable 19-year-old woman (“P”) from proceedings relating to the best interests of P. Allegations of sexual abuse by her partner against P had been made and were being investigated by the police. Tim Nesbitt QC and Alex Cisneros represented the mother, who had been excluded without being given an…
News, Public Law 20 Apr, 2021
Joshua Hitchens, led by Anand Beharrylal QC, represented the successful appellant in this appeal against the Attorney General of Trinidad and Tobago for wrongful arrest and false imprisonment of a soldier of the Trinidad and Tobago Defence Force. The soldier of the Trinidad and Tobago Defence Force (‘TTDF’) had been arrested and detained for kidnapping on Christmas Eve before being released without charge late on Boxing Day. The appellant was on duty in TTDF uniform and driving a TTDF vehicle in the company of another soldier when the vehicle was stopped. The appellant was then arrested essentially because he had in his possession $7000 in an envelope and due to a police intelligence report that TTDF soldiers were involved in…
News, Public Law 8 Apr, 2021
In this case note, Sarah Crowther QC, Dan Clarke and Joshua Cainer consider the recent appeal in Covea Insurance Plc v Greenaway and Rocks [2021] 3 WLUK 379. This was an appeal from a case management decision in which a motor insurer sought permission to obtain factual expert evidence as to the meaning of the word ‘stolen’ in other language versions of the Sixth Motor Insurance Directive (Directive 2009/103/EC). They consider that the Court was wrong, as a matter of legal principle, to entertain the introduction to the proceedings of factual evidence as to the interpretation of EU law in other Member States (four experts on each side). Such an approach was not justified under EU law interpretative principles even…
Legal Blog & Publications, News, Public, Travel 26 Mar, 2021
Outer Temple Chambers is delighted to welcome Joshua Hitchens to our public law team. Joshua qualified in 2018 and practises in all of Chambers’ specialisms. He is a member of the Equality and Human Rights Commission Panel of Counsel and has acted in a number of high-profile public law matters. Most recently, he acted for the Claimant in the landmark case of R(Ncube) v Brighton and Hove City Council, Shelter Intervening [2021] EWHC 578 (Admin) in which it was established that Covid-19 is an emergency for the purposes of the Local Government Act 1972 and that local authorities have statutory powers to accommodate those with no recourse to public funds during the pandemic. He is also currently instructed in a…
News, Public Law 15 Mar, 2021
John McKendrick QC, Justina Stewart and Chloë Bell write in the latest edition of the Journal of International Banking & Financial Law on potential public law implications of the UK Government’s plans for synthetic LIBOR to address tough legacy contracts. Plans announced in June 2020 to give the FCA enhanced powers to tackle “tough legacy” LIBOR contracts using “synthetic LIBOR” are intended to apply to a “narrow pool” of contracts. It is still unclear how such contracts will be defined, whether the pool will in fact be narrow and how precisely the legislation and enhanced FCA powers will operate in relation to such contracts. The reality, however, appears to be the imposition of synthetic LIBOR on parties to “tough legacy”…
News 1 Sep, 2020
The Caribbean Development Bank (“CDB”) has appointed John McKendrick QC to the role of Sanctions Appeals Officer and Alex Haines to the role of Sanctions Officer. The Caribbean Development Bank The CDB is a regional financial institution, established by an Agreement signed on 18th October 1969, in Kingston, Jamaica. The CDB came into existence for the purpose of contributing to the harmonious economic growth and development of member countries in the Caribbean, and promoting economic cooperation and integration among them. It is headquartered in Barbados. It has 19 borrowing members countries and is supported by 9 non-borrowing member countries, including the United Kingdom. The CDB’s Office of Integrity of Integrity, Compliance and Accountability (“ICA”) supports and reinforces institutional integrity within…
News, International 23 Jul, 2020
The Court of Appeal clarifies the relationship between the Family Courts and the Immigration and Asylum Chamber in assessing the risk of female genital mutilation. John McKendrick QC and Claire van Overdijk represented the Secretary of State for the Home Department (SSHD) in the recent case of Re A (A Child) [2020] EWCA Civ 731, which raised an issue of importance concerning the relationship between the jurisdiction of the Family Courts and the First Tier Tribunal of the Immigration and Asylum Chamber (IAC) and the overlap that exists when the risk of FGM is assessed for the purposes of a decision in each of those jurisdictions. The Court of Appeal confirmed that when the Family Court considers an application for…
News, Public Law 19 Jun, 2020
John McKendrick QC was instructed to represent the Official Solicitor in her capacity as statutory office holder in the recent case of EG v Parole Board and Others. The Official Solicitor occasionally, but rarely, acts as office holder rather than litigation friend before the courts. Mrs Justice May was required to determine the consequences of the uncertainty of how an incapacitated prisoner could pursue his appeal before the Parole Board without an accredited representative or a litigation friend. The EHRC, Law Society, Lord Chancellor and the Official Solicitor were added to the proceedings. Mrs Justice May interpreted the 2019 Parole Board Rules to permit the appointment of litigation friends and found EG had been the subject of a violation of…
News, Public Law 10 Jun, 2020
Sanctions: Foreign Policy, Economic Warfare, or Both? By Alex Haines and Oliver Powell The law of sanctions and its cross-jurisdictional nature is complex, not least because its sources are both national and international; the measures it covers are both multilateral and unilateral; and the relevant case law has developed at a different pace and in different directions depending on the legal system at play. If the interaction between the four major actors in sanctions– the United Nations (U.N.), the European Union (E.U.), the United States and the United Kingdom (U.K.) –was not complicated and convoluted enough, three 2018 political developments have made a clear grasp of this area even more difficult, by injecting another level of uncertainty: (i) On 18…
News 11 Sep, 2019
John recently appeared for the appellant in the Court of Appeal challenging a first instance declaration that a termination at 23 weeks was lawful and in an incapacitated woman’s best interests. The appeal was heard urgently the day before the termination was due to take place. The Court of Appeal, McCombe, King and Peter Jackson LJJ granted permission to appeal, allowed the appeal and dismissed the NHS Trust’s application. The Judgment can be found here. The Court emphasised the mandatory section 4 requirements of the Mental Capacity Act 2005, the need to fully consider the wishes and the feelings of an incapacitated person and importantly the views of others, as well as the medical evidence, when it was proposed the…
News 11 Jul, 2019
John McKendrick QC is currently acting in the High Court, London for an NHS trust responsible for the treatment of a 17 year-old Jehovah’s Witness. The boy, who has leukaemia and who lives in the south east of England, has refused potentially life-saving blood product treatment for his condition, because of his religious beliefs. NHS trust doctors are respecting the boy’s views and doctors are not treating him with blood products. Lead barrister for the trust, John McKendrick QC said that the boy had refused to consent to treatment involving “blood products” and that the teenager was “extremely articulate about his Jehovah’s Witness faith”. John regularly appears before the Administrative Court, Court of Protection, Family Division, the Tribunal system and the…
News 7 Jun, 2019
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