News & Events
News & Events
The High Court has handed down its judgment in British Broadcasting Association v (1) BBC Pension Trust Limited (2) Christina Burns in which Andrew Spink KC and Saul Margo, instructed by Helena Berman at Stephenson Harwood acted on behalf of the successful Representative Beneficiary. This landmark decision is now only the second case (after Lloyds Bank Pension Trust Corporation v Lloyds Bank plc [1996] PLR 263) in which a domestic court has found that a fetter on a pension scheme’s amendment power protects future service benefits. The case was brought because the BBC wished to limit the ongoing costs of funding the BBC Pension Scheme and needed to understand the scope of the fetter on the Scheme’s amendment power. The…
News 28 Jul, 2023
The Court of Appeal has handed down judgment in an important appeal in the case of FXF v (1) English Karate Federation Ltd, (2) David Jonathan Donovan, in which James Counsell KC and Olinga Tahzib act for the Claimant James and Olinga act for a Claimant (referred to as ‘FXF’ to protect her anonymity) – a highly successful karate athlete – who brings a claim for personal injury arising out of sexual abuse by her karate coach between 2008 and 2014. The Claimant claims that the two Defendants are vicariously liable for the abuse she suffered and directly liable for failing to discharge their own duty of care towards her. On 13 July 2023, James and Olinga appeared for the…
News 26 Jul, 2023
Bianca Venkata has written an article titled Bhaur and others v Equity Trustees and others [2023] EWCA Civ 534—when will equity set aside a voluntary disposition for mistake? The article highlights Bhaur and others v Equity Trustees and others [2023] EWCA Civ 534. The Court of Appeal handed down its decision on 18 May 2023. The Court declined to grant equitable relief to set aside the transfer of the Claimants’ family wealth into an employment benefit trust. This was despite the fact that the Claimants had acted on dishonest advice and the catastrophic financial consequences of the transaction. The Court found that as the Claimants were aware of the nature of the tax avoidance scheme, it would not be unconscionable to…
External Publications 21 Jul, 2023
Outer Temple’s Fiona Horlick KC appointed to British HorseRacing Authority’s independent Judicial Panel for the 2023-2026 term. The Judicial Panel is established by the BHA as the pool of individuals from which the Disciplinary Panel, Appeal Board and Licensing Committee are drawn by the Judicial Panel Chair. Fiona Horlick KC was appointed to the Legal Chairs in the Panel amongst other members. She was brought up around horseracing as her grandfather was closely involved in horseracing both in Ireland and the UK as an amateur rider, manager and handicapper. Following a review of the Judicial Panel’s processes, a number of changes to the Panel’s framework and composition were agreed, to ensure it can continue to deliver in the best interests…
News 20 Jul, 2023
Jonathan Hand KC, instructed by Matthew Heap of CL Medilaw, represented the Claimant who suffered severe brain damage at the time of his birth. In this case liability had already been admitted because of failings in the clinical care during his mother’s labour, leaving the amount of compensation to be decided by the Court. The parties agreed a settlement with a capital value of about £23 million which was approved in the High Court on 11 July. The settlement was structured to allow the Claimant to receive periodical payments for care and case management for his lifetime. Payments of £112,500 pa were ordered up to age 19, with the annual amount increasing to £235,000 pa thereafter for the remainder of…
News 18 Jul, 2023
With digital assets and technology constantly evolving, Outer Temple Chambers’ Fintech team take a look at their progress over the last year and the reasons they have been nominated by Legal 500 Bar Awards for best Team, best Silk and best Junior in this area. Worldwide appetite for digital assets and cryptocurrencies has exploded in recent years, with new cryptocurrencies and blockchain-based platforms continuing to develop at lightning speed. However, with new developments come new threats and the law is continuously evolving in response. Outer Temple Chambers has been at the forefront of these legal developments, in both an advisory capacity and in handling precedent setting disputes. The Fintech team takes a look at the past 12 months and the…
Insights 17 Jul, 2023
![Henry Reid instructed in Payward Inc & Ors v Maxim Chechetkin [2023] EWHC 1780 (Comm)](https://www.outertemple.com/wp-content/uploads/2023/07/Henry-Reid-successfully-resists-the-enforcement-of-an-arbitral-award-in-the-English-Commercial-Court-on-grounds-of-public-policy-550x370.jpg)
Henry Reid in conjunction with Chloe Bell of 3 Verulam Buildings successfully resists the enforcement of an arbitral award in the English Commercial Court on grounds of public policy Henry Reid of Outer Temple Chambers acted in conjunction with Chloe Bell of 3 Verulam Buildings for Mr Maxim Chechetkin against US and UK entities associated with the prominent cryptocurrency exchange ‘Kraken’. The claim was brought under s.26 FSMA 2000 in respect of the sale of certain products in breach of the general prohibition created under FSMA 2000. Henry, together with Chloe, acted at all stages of the claim successfully opposing the Defendants’ challenge of the High Court’s jurisdiction [2022] EWHC 3057 (Ch) and other injunctive applications. Mr Chechetkin then opposed…
News 14 Jul, 2023
Anyone involved in dealing with cyber incidents knows there are two types of organisations. Those that have been hit… and those that will. With this truth in mind, RWK Goodman has published a report detailing how organisations can prepare themselves: both in reducing the risk, and mitigating the impact. The report includes contributions from six experts in preparing for and dealing with cyber and data protection incidents. One of these is Outer Temple’s Jeremy Scott-Joynt, providing the investigative and litigation perspective. The report highlights how cyber security is not just an IT issue, but a business-critical one. It’s true that senior managers are now more alive to the challenges and risks of breaches, perhaps thanks to the significant media attention…
External Publications 11 Jul, 2023
Join the Association of Pension Lawyers at Outer Temple Chambers, with Victoria Brown and Patrick Tomison for a talk on Pensions Ombudsman Update. You are invited to join APL, Victoria Brown and Patrick Tomison of Outer Temple Chambers on Tuesday, 11th July 2023. This talk will reflect a summary of recent decisions of the Pensions Ombudsman and provide analysis which will be of relevance to disputes and non-disputes pensions practitioners. Agenda Venue: Outer Temple Chambers, 222 Strand, London, WC2R 1BADate: Tuesday, 11th July 20235:45pm – Registration6:00pm – Pensions Ombudsman Update7:00pm – Drinks and pizza Book your place This will be a hybrid event. To book your place in-person (£20 registration fee) or to join virtually (free), please email George Bennett on mailto:georgebennett@outertemple.com.…
Events 4 Jul, 2023
Robert Rhodes KC was lead speaker at this virtual event at the Singapore Convention held jointly by the Singapore and London Chapters of the Chartered Institute of Arbitrators. The video is now available. Robert Rhodes KC led the talk at the Singapore Convention on Wednesday, 21 June alongside fellow speakers Michel Kallipetis KC FCIArb, Eunice Chua and moderator, Shobana Iyer. This webinar was organised jointly by the Chartered Institute of Arbitrators’ London and Singapore branches. It engaged distinguished speakers with an overview of the Singapore Convention; what it means for States that have ratified it; and, critically, what the significance is of the UK’s commitment to sign and ratify the Convention. Watch the talk; The UK’s intention to ratify and sign the Singapore Convention on Mediation – an…
Webinars 27 Jun, 2023
Louis Weston, who leads the OTC Sports Law Group, acted for the Irish Horseracing Regulatory Board in opposing the appeal of Ronan McNally against being found in breach and the length of his 12-year suspension, the longest in Irish racing. Louis Weston, who leads the Sports Law Group, acted for the Irish Horseracing Regulatory Board with Caoimhe Daly, BL, in opposing the appeal of Ronan McNally against being found in breach and the length of his 12 year suspension, the longest in Irish racing. The IHRB’s Appeal Body has dismissed the appeal against breach and suspended the last 4 years of the suspension to give Mr McNally ‘opportunity and motivation to mend his ways’, and awarded the IHRB its costs.…
News 23 Jun, 2023
Josh Hitchens has been instructed in a claim by the first ever mono-British citizen to be made subject to an asset freeze under the UK Sanctions regime. The claim brought under s.38 Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”) alleges that the decision to sanction the Claimant, a British video journalist operating from the Donbas region was: (a) Unlawful on the ground of illegality as neither SAMLA nor the Russia (Sanctions) (EU Exit) Regulations 2019 authorise designation in response to lawful political speech by a UK national;(b) That in the alternative, that Regulation 6(3)(a) of the Russia Regulations is Ultra Vires and stands to be quashed; and(c) That the designation decision was a breach of Article 10 and Article 1…
News 21 Jun, 2023
