News & Events
News & Events
John McKendrick QC has been successful in defending a costs order appeal by the son of his client’s late husband after the judge departed from the general rule of awarding successful parties their costs in Algeilani v El Samawi [2021] EWCA Civ 997. Alex Cisneros provides a helpful case summary . The deceased’s son had succeeded in his claim exclusively by the introduction of a new argument. This new point was only raised following circulation of a draft judgment giving judgment against him. The judge reconsidered his judgment in light of this new point but, in the subsequent costs order, the judge decided to award costs only from the date he introduced the new argument. The judge also required the…
News 17 Aug, 2021
David Russell QC was recently a guest in a webinar hosted by Trowers & Hamlins. The webinar focused on the new Federal Trust Law and the recent interpretative judgement of the DIFC Court of Appeal on various aspects of the DIFC Trust and Foundation laws. The rollout of trusts and foundations in the GCC continues, with the most recent addition being the enactment of a Trust Law at national level in the UAE. Being a civil law jurisdiction in which Shari’a concepts play a major role, the UAE’s incorporation of trusts into its national legal system raises fascinating issues. This webinar, organised by STEP Arabia, provided an opportunity for a focussed consideration of these issues and is likely to be…
Webinars & Recordings 13 Aug, 2021
Chambers is pleased to announce that the Attorney General has appointed Saul Margo to the London A Panel and Chloë Bell to the London C Panel of Junior Counsel to the Crown. The Panel of Junior Counsel to the Crown consists of junior counsel who undertake civil work for all government departments. Members of the A panel deal with the most complex government cases in all courts and tribunals, including the Supreme Court. They will often appear against Queen’s Counsel. Saul and Chloë’s appointment commences on 1 September 2021 for a period of five years and they will be joining Outer Temple’s growing list of panel members: Naomi LingClaire van OverdijkRobert DickasonEmily Gordon WalkerJennifer SeamanAlex HainesNicholas HillAlexander LineTom GibsonJustina StewartSophie…
News 12 Aug, 2021
Louis Weston, who heads up the Sports Group at Outer Temple, acted for the British Horseracing Association in resisting the appeal by the connections of Dragon Symbol against that horse being demoted to second place and Campanelle being declared the winner in the Commonwealth Cup Group 1 race at Ascot on 18 June 2021. Royal Ascot stewards decided to award the Commonwealth Cup to Campanelle after Dragon Symbol passed the post a head in front of Campanelle but hung right in the final furlong and a half, bumping Campanelle. This interference caused Dragon Symbol’s jockey, Oisin Murphy, to earn a careless-riding ban. In determining the question of the effect of the interference on Campanelle, the disciplinary panel considered that the…
News 11 Aug, 2021
In the second episode of the Outer Temple Spinal Injuries Series, Nathan Tavares QC and Daniel Clarke consider personal injuries claims involving individuals with incomplete spinal cord injuries. Welcome to Outer Temple’s Spinal Injuries Series – a collection of short recorded discussions and presentations on various topics of interest related to spinal injury claims. Nathan and Daniel explore the particular challenges faced when making a claim for an incomplete spinal cord injury and the risk of underestimating long-term disability and under valuing the claim. Daniel explains the difference between a complete and incomplete spinal cord injury, as well as the different classifications for spinal cord injuries. Nathan explores the different challenges face in incomplete spinal cord injury claims, the first…
Webinars & Recordings 10 Aug, 2021
Outer Temple Chambers congratulates Anthony Lo Surdo SC on being accredited as a mediator by the Mediator Accrediting Council of Papua New Guinea. Anthony’s appointment runs for two years from the 1 July 2021. In recognition of his experience and depth of knowledge of mediation, Anthony Lo Surdo SC has also been accredited as a coach and instructor for the advanced mediation skills training of fully accredited mediators in Papua New Guinea. This follows his appointment last year as an International and Domestic Arbitrator and inclusion in the National Court of PNG List of Approved Arbitrators. Find out more Anthony Lo Surdo SC is a Professional Associate at Outer Temple Chambers based in Sydney, Australia. He is qualified to practise…
News 10 Aug, 2021
The recording for our pensions webinar on rectification is now available to watch. Watch Keith Bryant QC and Michael Uberoi consider what evidence needs to be put before the court and how to avoid some of the pitfalls. Keith Bryant QC and Michael Uberoi cover: What evidence needs to be put before the court when the alleged mistake is not referred to in the documents? How does a Claimant go about establishing the necessary mutual intention in such cases? When is a mistake a mistake as to legal effect, and when is it a mistake as to consequences? – how to approach this distinction in pension rectification cases. The use of confidential opinions – how the courts presently view them. How…
Webinars & Recordings 6 Aug, 2021
You are invited to join Outer Temple Chambers and guests for an afternoon of seminars and discussions. This will be a hybrid event, taking place in London and streamed online. The Agenda 1:30pm: Event Chair – Gerard McDermott QC will open and close this event1:45pm: The Great Escape: the scope of Article 4(3) – Ian Denham and Carin Hunt 2:15pm Product Liability and Clinical Negligence claims in France – Daniel Clarke and Solenn Le Tutour (Advocat, France)2:45pm: Recent issues with Rome II – Geert van Calster (Advocat and Academic, Belgium)3: 15pm Panel Discussion – Chaired by Sarah Crowther QC with: Eliot Woolf QC Will Young Louise Howard (Lanyon Bowlder) Jennifer Lund (Irwin Mitchell)4:00pm – Drinks at Middle Temple Bar Gerard McDermott QC, Barrister Gerard McDermott QC is a…
Events 5 Aug, 2021
David Holloway recently represented Fal Oil Company and successfully achieved the enforcement of a judgment for over US$300 million plus significant interest against the Sharjah Electricity and Water Authority (SEWA). The underlying litigation had a complex and long history, involving appeals to the UAE Supreme Court and the intervention of a royal commission. Fal Oil had been unsuccessful in attempts to execute the judgment in Sharjah over a number of years. Enforcement proceedings in the DIFC Courts were contested by SEWA, who opposed the enforceability of the judgment on grounds of State Immunity and Public Policy. The judgment of the DIFC Court in Fal Oil Company v SEWA sheds considerable light on the question of State Immunity as understood in the DIFC and the…
News 4 Aug, 2021
On 11 June 2021, HHJ Jarman QC sitting at the High Court handed down judgment in Hughes v Pritchard[2021] EWHC 1580 (Ch). The Court notably found the testator to lack capacity and his last will to be invalid despite a contemporaneous medical capacity assessment finding the testator to have capacity. Jennifer Seaman and Bianca Venkata provide a brief overview of the case and suggests what lessons can be learned to ensure the validity of wills going forward. The facts Mr Hughes owned considerable farmland in Wales. Mr Hughes had three children: an eldest son Elfed, a second son Gareth and a daughter Carys. Elfed worked long hours on his father’s farm for no remuneration. Mr Hughes promised Elfed, his wife Gwen and their three…
Legal Blogs 3 Aug, 2021
On 30 July 2021, the Supreme Court unanimously allowed X’s appeal in the long-running case of X v Kuoni. This is a key decision in respect of the scope of the liability of package tour operators. Carin Hunt provides a casenote on the judgment. The facts The facts giving rise to this case occurred over a decade ago now, when Mrs X and her husband were on a package holiday in Sri Lanka. Early on the morning of 17 July 2010, a hotel maintenance employee on night duty offered to show Mrs X a shortcut to reception. The employee then took Mrs X to an engineering room where he assaulted and raped her. The issues Having been dismissed both at first instance and by…
Legal Blogs 3 Aug, 2021
In a recent Lexis PSL News Analysis article, Carin Hunt considers how cycling and e-scooters may be regulated in the future and the potential impact for practitioners on personal injury law. Sabina Habib of Lexis Nexis interviewed Carin Hunt for a Personal Injury Analysis piece, published in July 2021. We summarise the their conversation below. Registration of cyclists The first idea considered by Carin in this interview was originally floated by motoring lawyer Nick Freeman. Freeman proposed the creation of a licensing system for cyclists and e-scooter riders. The suggestion is for cyclists to be compulsory registered, to wear numbered tabards, and be eligible for penalty points should they break the rules of the road. Carin cites expense, practical complexity, and the potential hidden…
External Publications 30 Jul, 2021
