The Legal Cheek View
Civil and commercial set Outer Temple takes on work across a wide variety of practice areas, and whether it’s personal injury or pensions, commercial litigation or clinical negligence, there will be a tenant with the right expertise. Made up of over 90 barristers, including 26 KCs, the set is a big name domestically and also has a strong international reputation, while its premises in Dubai and London mean tenants often take on work with an international element. Any aspiring barrister who wishes to practise at a multidisciplinary civil common-law chambers should keep on reading.
While chambers has a wide range of expertise, the two areas in which it is most renowned are the medical and business fields. As one junior puts it, they receive “top class work”. The set is highly experienced in clinical negligence and catastrophic personal injury cases, and takes on complex medical issues such as spinal and brain injuries. One tenant tells us they deal with “high value, serious and emotive personal injury work” that involves “a great mix of law, interesting expert witnesses, and real human client contact”. Outer Temple members also frequently appear before the Court of Protection, especially in relation to health and welfare matters.
On the business side, chambers has developed a strong reputation for pensions work, the biggest area of expertise within its business practice, and is also known for its work in financial services and banking. Its employment barristers tend to do very well too; the set’s employment guru Daniel Barnett even has his own legal LBC radio show. Tenants have expertise in disciplinary and regulatory hearings as well as corporate manslaughter and health and safety work. “Every week I am in court or tribunal, dealing with serious allegations of discrimination against employers or cases which involve serious injury or even death,” one junior explains. “The stakes could not be higher for our clients and the work is never dull.”
In addition to the above areas of practice, Outer takes on plenty of work with an international element. One tenant reveals they have “an international practice with trials in international tribunals in Washington DC, New York, Jeddah (Saudi Arabia), Geneva and Vienna. And that’s just in the last few years.” Whether it’s a case about a personal injury that happens abroad or an arbitration concerning international corporations, Outer members will likely have worked on something similar before. All in all, there is certainly plenty on offer for any budding civil or commercial barrister.
“The calibre of the work at Outer Temple Chambers is very high. Members are routinely instructed in high-profile and high-value work,” one insider tells us, while another explains: “I do a great mix of High Court judicial review work, employment tribunal work involving complex claims and lengthy hearings, and interesting commercial litigation. I am only three years’ call and my practice compares very favourably to those of a similar call at comparable sets.”
Outer Temple’s caseload shows just how broad life at this set can be. On the medical and personal injury side, Nathan Tavares KC secured a £4.5 million settlement for a junior NHS doctor who was left paralysed with spinal cord injuries after his bicycle catastrophically failed, while Gerard McDermott KC and Ian Denham achieved a record-breaking result in Guernsey, securing the highest-ever personal injury damages awarded on the island. Meanwhile, in the employment world, Keith Bryant KC and Stephen Butler have been involved in the long-running Tesco equal pay litigation, with the Court of Appeal recently dismissing Tesco’s challenge in a case brought by thousands of predominantly female shop-floor workers seeking parity with distribution-centre colleagues.
In another major development, James Leonard KC was instructed in 62 inquests linked to Ian Paterson, the disgraced former breast surgeon who was jailed for 20 years after being convicted of 20 counts of wounding with intent. Leonard KC also appeared in the high-profile RNLI inquest following the tragic drowning of a 12-year-old and a 17-year-old in a rip current at Bournemouth Beach. Further afield, much further, Josh Hitchens appeared before the Supreme Court of St Helena (yes, where Napoleon was exiled) in a constitutional case involving the right to life of a remand prisoner held in HMP Jamestown. The prison, remarkably, was opened in 1827 and deemed unsuitable as early as the 1850s, yet it still hasn’t been closed.
Showcasing the breadth of work taken on by Outer Temple barristers is no challenge, as its recent instructions speak for themselves. Fiona Horlick KC and Charlotte Elves have been acting in the mammoth Mariana Dam litigation, arising out of the collapse of the Fundão Dam in Brazil, successfully resisting an attempt to strike out a contempt application in the £36 billion claim. Regulatory work has also been a strong theme, with James Counsell KC acting for the Solicitors Regulation Authority in proceedings against US law firm Simpson Thacher & Bartlett over anti-money laundering failings in its London office, resulting in a £300,000 fine. The set has also been keeping close tabs on the UK’s sanctions regime, with James Smith analysing the landmark Supreme Court decision in Shvidler, concerning sanctions imposed following Russia’s invasion of Ukraine.
And then there is sport, where Outer Temple’s work strays into the murky world of betting, bribery and match-fixing. Louis Weston, head of the set’s sports law team, has acted for bodies including the World Professional Billiards and Snooker Association, Table Tennis England and the Darts Regulation Authority in cases involving match-fixing and betting offences. He has also worked with international organisations including the UNODC and the IOC on guidance for prosecuting competition manipulation in sport, a reminder that at Outer, “sports law” can mean rather more than arguing about touchline bans and transfer fees.
The commercial side is no less varied. In the Court of Appeal, Helen Pugh successfully represented an appellant in a contempt of court case that explored whether cryptocurrencies can constitute property held on trust. Meanwhile, Henry Reid appeared in the High Court in a jurisdiction challenge involving Russian oligarch Mikhail Fridman. From paralysed doctors and disgraced surgeons to Brazilian dam collapses, BigLaw AML failings, sanctioned oligarchs, crypto trusts and match-fixing, Outer Temple’s workload is nothing if not eclectic.
Of course, it’s not always high-profile cases. During the second six and as a baby junior, it is very common to earn your stripes working on cases such as road traffic accidents or low value contractual disputes, not always the most exciting work. The fact that the second six of pupillage is practising does, however, put you at an advantage over those who don’t get on their feet until they are into tenancy. There are often opportunities to be led on bigger cases too, meaning you can learn from senior juniors and KCs even beyond pupillage.
Being at a set with so much high-quality work means that barristers sometimes find it tricky to turn work down. As one junior confides: “given the level that Outer Temple operates at, and the client base it keeps, it is never going to be possible to achieve the perfect work/life balance, but the clerks certainly try and respect holidays etc.”
The clerks are praised by many of the insiders we spoke to. “They understand that we are real people with real lives,” one insider tells us. “The clerks are highly respectful and you can work as much or as little as you want. They are proactive if the diary looks to be filling up,” said another. In fact, we’re told that work-life balance is “probably the best thing about chambers, as the constitution specifies that members can basically choose how much work they want to do”. This has meant one barrister was able to take three days off to go sailing one week and to finish early every Tuesday to play rugby. Of course, it will never be perfect as a barrister, as this tenant explains: “the problem with the bar is you can have more balance but you inevitably earn less”. Ultimately, where you strike that balance seems to be a personal choice at Outer Temple.
The supportive culture at the set extends beyond the clerks. There is an “open door policy” and “real collegiate feel,” one junior tells us. “We are lucky to have such helpful, supportive colleagues, who are happy to chat through questions, big and small.” Silks are said to “quickly pick up the phone” and the various WhatsApp groups provide “rapid feedback to queries”. A lateral recruit from another chambers says they chose Outer “precisely because of its more supportive ethos”, and another newbie to the set spoke similarly regarding their colleagues. “[They’re] amazing; my old chambers were just awful in comparison,” they told us. Another insider, who recently had a personal bereavement, confided that their colleagues supported them through the difficult time and continue to do so. Even with remote and hybrid working, colleagues make an effort to keep in touch and continue to provide a supportive network.
Of course, it’s not all work. There is also a decent social side at chambers, with people always “keen for a chat or keen for drinks after work”. One tenant explains that “afternoon tea every Wednesday is a real highlight of the week. It is also commonplace for members to have lunch together in Hall and to descend on Daly’s [a nearby wine bar] on a Friday for a beer or two”. We are also told that there are regular marketing events for clients, which are great for networking. “More importantly, we also have many less formal occasions for us to let our hair down,” one junior tells us.
In terms of premises, Outer is the only chambers that overlooks the Royal Courts of Justice, bridging the Strand and Temple. We’re told the Mission Impossible movies and the Mary Poppins remake had scenes filmed right next to Outer Temple’s building, a good claim to fame. The building is described as “beautiful”, with client areas, including nine conference rooms, that are “very smart” and “client friendly”. One junior tells us that there is a huge model of a giraffe in the entrance area which they personally find “a bit weird”, though we think it sounds pretty fun. Tenant rooms are said to vary, “but all are of at least a good standard in terms of space and facilities”, and there are some ongoing refurbishments to the areas that need a “wash and brush-up”.
We are told that Outer has just moved to a new IT provider, which has meant that the provision has “really stepped up its game” and is “hugely better than before”. There’s “in person assistance available most days, with remote assistance available quickly” for those days spent home-working.
Those interested in applying for pupillage at Outer should make their application through the Pupillage Gateway. Applications will be assessed against the following criteria: intellectual ability, potential as an advocate, motivation/drive/commitment, and professional compatibility with Outer Temple. The approximately 35 to 45 highest-scoring candidates will be invited to a first-round interview, which takes place in front of a panel of three barristers. The interview consists of an exercise as well as some legal questions. Around eight candidates will then be invited to a more extensive final round interview, before which they complete a written exercise. The final round interview takes place in front of a panel of five barristers and discusses the exercise as well as general competency-based questions. Pupillages offered come with a generous award of £80,000.
Outer encourages applications from women, members of ethnic minority groups, and those with disabilities. The set is involved with several diversity and inclusion initiatives including Bridging the Bar, Inner Temple’s Pegasus Access and Support Scheme, and the Bar Council’s Race Working Group.
Those who are successful in their quest for pupillage at Outer can expect to receive four different pupil supervisors over the course of the year, each specialising in one of the four core areas of practice: clinical negligence, personal injury, employment, and then either commercial, public, or crime/regulatory work. During the first six, pupils complete legal research for their supervisors and other members, attend conferences and court, and assist supervisors in preparing their cases. Moving into the second six, pupils can accept instructions and will appear in their own cases. Throughout the pupillage, regular feedback is provided, and progress is discussed with the head of pupillage. The set says it tries to send pupils to marshal former members, and junior tenants have also been known to go out on secondment with solicitors, to the FCA, or with Supreme Court judges. Outer also offers third six places, for which candidates can apply directly.
Training at Outer Temple comes highly rated by current and past pupils. One tells us: “throughout pupillage I was supported to achieve my full potential as an advocate. Since then, chambers has continued to arrange training for all members of chambers in different practice areas to give us the opportunity to branch out.” Others comment that there are some great supervisors within chambers (Elliot Woolf KC is described as “a living legend”) and the mentorship programme for junior tenants is also commended. There are some areas where pupils feel a little “thrown in the deep end”, particularly with pensions, but overall the training is said to set pupils up perfectly for tenancy.