News & Events
News & Events
David Russell QC has been recently published in the Qatar Business Law Review. In his article, David provides a holistic overview of the nature, functionality, and practical administration of trusts in Qatar and highlights analogues that may be found with the Common Law of trusts and principles in England and Wales. David begins the article by noting that the law of trusts is codified in the Qatar Financial Centre (QFC) Trust Regulation No. 12/2007. These QFC foundations David notes have a comparable outcome in private international law terms, and unlike in neighbouring Abu Dhabi, should be regarded as providing general application. As a starting point, Article 78 of the amended regulations defines a trust as “a right, enforceable solely in equity, to the beneficial…
News 7 Jul, 2021
We are pleased to announce that Anthony Lo Surdo SC has been named in Doyles Guide to the Legal Profession as a leading mediator in NSW, 2021. Anthony has been recognised for his expertise using online peer-review based surveys as well as extensive telephone and face to face interviews with clients, peers and relevant industry bodies. This category was introduced in 2017 and Anthony has been ranked every year since. Doyles Guide Doyles Guide is an awards recognition program for law firms and lawyers across Australia. Awards are attributed as “Australia wide” or for specific states and are also awarded relative to practice area or speciality. Doyles Guide rank their leading mediators across a range of mediation disciplines including general commercial…
News 7 Jul, 2021
Helen Pugh and Justina Stewart were pleased to speak to a range of solicitors, insolvency practitioners and accountants about shareholders’ and directors’ liability in relation to unlawful distributions during an MBL Learn Live webinar recently. MBL Learn Live offer live broadcast sessions in the same way as face to face seminars with the ability to engage with the speaker and other delegates through interactive features including polls, chat-box and breakout exercises. Sessions are also recorded for delegates to revisit. Distributions & Dividends Given the widely reported misuse of Covid loan schemes and the economic climate, investigation of and proceedings relating to the distribution of company assets is likely to increase. Therefore, the talk was particularly timely. Helen and Justina provided a toolkit for…
News 6 Jul, 2021
You are invited to join Outer Temple Chambers to discuss a business crime lawyer’s perspective on the Pension Schemes Act 2021. Outer Temple Chambers is delighted to host a talk focusing on criminal proceedings arising out of the Pension Schemes Act 2021. Our specialist pensions barristers will join our renowned business crime barristers to examine how and when a regulatory matter may become a criminal matter and, if it looks like it might do so, how to respond, prepare and advise your clients. After short presentations by our panel, there will be the opportunity to ask questions. Agenda Andrew Spink QC: Welcome and introductionDavid E Grant: Civil versions of criminal offences; the interaction between the target and the regulatorMichael Bowes…
Events 6 Jul, 2021
Ian Denham looks back on the High Court decision of Griffiths v TUI UK Limited and considers the impact it has had on cross-border personal injury claims. Since the judgment in August 2020, defendants have sought to find new ways to challenge expert evidence. This has included seeking permission for their own expert evidence or calling the claimant’s expert to be cross-examined at trial. The results of these applications have varied from court to court. Ian looks at the recent judgment of HHJ Freedman, sitting at the County Court in Newcastle, where he heard an appeal in the matter of Taylor v TUI arising from a Deputy District Judge’s decision to order that an expert in a holiday illness case should attend trial to be…
Legal Blogs 5 Jul, 2021
Outer Temple is pleased to announce that James Counsell QC will be speaking at the APIL Abuse Conference 2021 on 15th July. James will be speaking on the topic ‘Consent – the legal perspective’. The conference will take place on Thursday, 15th July. For the second year running, it will take place entirely virtually with delegates able to view the sessions, via Zoom, on APIL’s dedicated conference app. Recordings of the sessions will also be available to view, on-demand, for six months after the live event. James Counsell’s talk The conference will consider broadly a panoply of topics related to abuse. James‘ segment will be at 10.15am on the topic of ‘Consent – the legal perspective’. This will be one of eight talks, with the…
News 2 Jul, 2021
Imogen Egan looks back at the recent Court of Appeal decision in Lipton & Anor v BA City Flyer Ltd, considering the interrelation of “extraordinary circumstances” and Regulation (EC) 261/2004. She also considers the approach to be adopted following Brexit. In this case, the Claimants were booked on a flight, operated by the Defendant airline, due to depart Milan to London City Airport at 17:05 (local time). However, the captain reported feeling unwell at 16:05 (local time), when he was off duty and not at his place of work. He was determined unfit to fly. Under Regulation (EC) 261/2004 (“the Regulation”), the Claimants sought compensation for a flight which was cancelled because the captain became ill, whilst off duty. The Defendants…
Legal Blogs 2 Jul, 2021
In this edition, Paul Barton checks in for a virtual coffee with Matt Gatenby, Senior Partner & Head of Litigation at Travlaw, to find out a bit more about how he got into travel law and why he enjoys it so much. How did you become involved with travel law? Largely by accident! Having completed a Geography degree I initially took a customer services role at what was then Thomas Cook’s burgeoning tour operating business dealing with complaints and claims. One thing lead to another in the sense that I progressed within the business to the point where a spot in their in-house legal team was the next obvious step, and at that point I was part of the travel law business!…
News 2 Jul, 2021
In this latest ‘Ask a Silk’ vlog, Carin Hunt asks Eliot Woolf QC about personal injury and clinical negligence claims in England and Wales where English law applies but the claimant is domiciled abroad. What needs to be considered? Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk and junior member of chambers about a particular area of the silk’s expertise. In this short interview, Carin Hunt talks to Eliot Woolf QC, an well respected silk specialising in personal injury and clinical negligence, including claims with an international element. Carin wanted to discuss international claims with Eliot and in particular, claims where the case is being heard in England and…
Webinars & Recordings 2 Jul, 2021
Alex Haines and Victoria Brown have been instructed in two cases currently going through the internal justice system of the Organization of American States in Washington DC. The First International Conference of American States held in Washington DC between October 1889 and April 1890 approved the establishment of the International Union of American Republics that was subsequently reconstituted as the Organization of American States (OAS) in 1948 when the Charter of the OAS was signed in Bogotá, Colombia. The OAS brings together all 35 member states of the Americas and constitutes the main political, juridical, and social governmental forum in the hemisphere. In addition, it has granted permanent observer status to 69 states, as well as to the EU. As with most international organisations, the…
News 1 Jul, 2021
Joshua Cainer compares Manchester Building Society v Grant Thornton UK LLP and Hughes-Holland v BPE Solicitors and considers the state of the law in this area going forward, as well as the key conceptual and practical differences that are likely to generate debate in future cases. The concept of ‘scope of duty’ in the tort of negligence, especially its application following Lord Hoffmann’s judgment in SAAMCO, has generated both controversy and confusion over recent years. Many had thought that Lord Sumption’s judgment in Hughes-Holland v BPE Solicitors was to be the definitive statement on the topic. However, the starting point in this area now lies in two very recent Supreme Court decisions in two different factual contexts: Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 in the…
Legal Blogs 24 Jun, 2021
Helen Pugh examines the Stanford International Bank Ltd Ponzi scheme as one of the latest examples of multi-jurisdictional fraud and the judgment for the claims brought by the liquidators of the Bank in an attempt to increase recoveries on behalf of the creditors. Massive multi-jurisdictional fraud and the almost inevitable colossal insolvencies which follow have provided fertile ground for testing the scope of banker’s duties and liabilities in recent decades. Robert Allen Stanford’s eye-watering Ponzi scheme has been part of this trend. On 15 April 2009 the Antiguan-incorporated Stanford International Bank Limited (“the Bank”) collapsed into insolvent liquidation bringing to an end one of the largest and most prolonged Ponzi schemes in history. For the depositors who lost their retirement income…
Legal Blogs 24 Jun, 2021
