News & Events
News & Events
Barristers from Outer Temple will join the line up of speakers at the Commercial Bar Association Inaugural Gulf Meeting in Dubai on Thursday 23rd February. The Gulf Committee is pleased to announce that the COMBAR Gulf Meeting will take place in Dubai, on Thursday 23 February 2023. The meeting will involve an afternoon of seminars, with an emphasis on collegiate discussion between professionals across a number of jurisdictions, followed by a drinks reception in the evening. This event will consist of two panel discussions. Andrew Spink KC will act as Chair the first panel discussion on the topic of Digital Assets. Justina Stewart will then join the second panel to discuss Jurisdiction. David Russell KC, Philip Punwar, Sean Yates and Stephen Doherty…
News 21 Feb, 2023
Earlier this week, James Counsell KC and Ben Bradley appeared on behalf of BXB in the Supreme Court in Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB. Having previously won at trial, and subsequently in the Court of Appeal, James and Ben represented BXB at the Supreme Court in her claim that the Trustees of the Barry Congregation of Jehovah’s Witnesses are vicariously liable for a rape committed on her by Mark Sewell, one of the Elders of the Congregation. This case represents the return of vicarious liability to the Supreme Court for the first time since the seminal cases of Barclays Bank and Morrisons. Over the course of the two-day hearing, James made submissions to the Court…
News 17 Feb, 2023
The Lawyer has revealed its ‘Top 10 Appeals of 2023’ and we are delighted that four Outer Temple members have been included for their involvement in McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. There are plenty of lawsuits heading to the Court of Appeal and Supreme Court this year and The Lawyer has picked its Top 10 to watch. Barclays Bank, Central Bank of Venezuela, Deliveroo, Arron Banks and United Utilities Water are just some notable examples, alongside the long running and hard fought battle between McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. This rematch between two university academics and the directors of the UK’s largest private pension scheme heads to the Court of…
News 16 Feb, 2023
Dubai based barrister and member of Outer Temple Chambers, Philip Punwar, has been invited to join the panel of judges at the Middle East Legal Awards 2023, to be held on the 18th May at Le Méridien, Dubai. The Middle East Legal Awards (MELA), now in their 11th year, are the region’s premier legal awards. The Awards are open to all law firms and in-house legal departments with a presence in the region to celebrate outstanding achievement within the profession. By recognising exceptional achievement and best practice they underline the crucial role lawyers are playing in promoting the rule of law. The Awards are sponsored by ACC (Association of Corporate Counsel) and include In House and Private Practice categories such as…
News 15 Feb, 2023
Read Helen Pugh’s latest article in Butterworths Journal of International Banking and Financial Law on Crypto fraud and the bona fide purchaser for value defence. Helen Pugh was recently published in the January 2023 edition of JBIFL where she considered the fundamental issue of the application of the bona fide purchaser for value defences to crypto transactions tainted by fraud. The key issue for 2023/24 The courts of England and Wales have repeatedly recognised that at least some digital assets can be a type of property for the purposes of granting a claimant proprietary and freezing injunctions and for the purpose of the jurisdictional gateways. As these early claims proceed through the courts, the focus needs to turn to a defendant’s…
External Publications 13 Feb, 2023
The inquest into the tragic death of Archie Battersbee started on Tuesday 7th February 2023, with Carin Hunt representing Barts Health NHS Trust and Mid & South Essex NHS Trust; the Trusts that operate the hospitals where Archie was treated. Archie Battersbee was found unconscious at home on 7 April 2022 by his mother. Following treatment at the scene by paramedics he was conveyed to hospital. Sadly, Archie’s doctors suspected brain stem death and applied to court for a declaration that it would be lawful for them to undertake brain stem testing, as Archie’s parents did not want the testing to take place. A lengthy legal dispute in respect of Archie’s treatment ensued. Pursuant to an order of the court,…
News 9 Feb, 2023
The Women and Equalities Select Committee invited Naomi Cunningham to a formal meeting on the Gender Recognition Reform (Scotland) Bill and Equality Act Naomi Cunningham appeared last week before the Women and Equalities Select Committee to discuss the interaction between the Equality Act 2010 and the Gender Recognition Act 2004. She appeared before MPs beside Lord Falconer of Thoroton KC, Robin White (Barrister, Old Square Chambers) and Dr Michael Foran (Senior Fellow and Lecturer in Public Law at Glasgow University) to explore the repercussions of the Scottish Government’s Gender Recognition Reform Bill. Cross-party MPs were told that the SNP’s Gender Recognition Reform (Scotland) Bill (GRR) will change the legal definition of sex for both men and women, to the extent that…
News 9 Feb, 2023
![Case Analysis PJSC National Bank Trust & anor v Mints & ors [2023]](https://www.outertemple.com/wp-content/uploads/2023/02/Case-Analysis-PJSC-National-Bank-Trust-anor-v-Mints-ors-2023-550x370.png)
Joshua Hitchens, along with Annabel Thomas, Gavin Costelloe and Bethany Histed (of Greenberg Traurig LLP) consider one of the first major judgments on the effects of the Russian sanctions regime on commercial litigation involving parties subject to asset freezes following Russia’s invasion of Ukraine. On 27 January 2023, Mrs Justice Cockerill handed down judgment in PJSC National Bank Trust & anor v Mints & ors [2023] EWHC 118 (Comm) in which she considered the effect of the Russian sanctions regime on commercial litigation involving parties who are designated persons. Under the Russia (Sanctions) (EU Exit) Regulations 2019 (the “Regulations”), all assets of a designated person are frozen, meaning no person may deal in them, and no person may make available any…
News 9 Feb, 2023
Elaine Palser has written an article titled Proprietary Estoppel and the Position of the Stranger in Trusts & Trustees Vol. 29, No. 3, 2023, pp. 1–11 (OUP). The article examines the position of a stranger in two principal scenarios, and the implications for strangers of the possible outcomes to these scenarios. First, if A makes a promise to B that C will receive A’s property if B advances monies to A, can the promise be enforced to benefit C who is a stranger to the promise? Secondly, if A makes a promise to B that B will receive A’s 50% share in a property if B advances monies to A, but A then enters into a declaration of trust with…
External Publications 2 Feb, 2023
Philip Punwar has written a chapter on Advocacy in leading publication ‘The MENA Leading Arbitrators’ Guide to International Arbitration’. The MENA Leading Arbitrators’ Guide to International Arbitration aims to provide a unique insight into how leading arbitrators of the Middle East and North Africa approach a number of core procedural and substantive law issues in arbitrations seated in the MENA region. The publication is described as being written by a “Who’s Who” of leading arbitrators in MENA. Philip Punwar was invited to author Chapter 15; Advocacy. About the publication Apart from taking the reader through the main procedural milestones of a MENA-seated arbitration, it also deals with some of the key subjects of arbitration in the region, such as the question of…
External Publications 30 Jan, 2023
Join Outer Temple Chambers and a fantastic line-up of expert guests for The Equine Seminar, on Wednesday 1st March at The Law Society. You are invited to join Outer Temple Chambers’ team of equine injury experts and esteemed guests for our upcoming Equine Seminar on Wednesday 1st March 2023. Topics to be covered include a Legal Update, discussion of the recent judgment in Schoultz v Ball [2022] EWHC 2452 (KB), and a panel discussion on issues in equine sport including the recent Freddy Tylicki case. We are also delighted to welcome guest speakers, and experts in their field, Anne-Marie Taylor, Charlie Lane, Clare Garnett, Richard Brooks and professional jockey, Saffie Osborne. Agenda 1.30 to 2.00 Registration (tea and coffee on…
Events 25 Jan, 2023
Samuel Cuthbert recently acted for Motorsport UK in a multi-day inquest at Norfolk Coroners Court into the death of Angela Lucas. Angela Lucas was fatally injured, and died of severe head injuries during an endurance race at Snetterton Race Circuit. The jury found that the buckle of Mrs Lucas’ harness was not correctly located and if the buckle had been correctly located in line with the FIA regulations, it would not have been possible for the turnbuckle to be activated. The Coroner did not issue a Prevention of Future Deaths report. Motorsport UK said “This tragic accident is a stark reminder of the need to ensure that motorsport regulations are complied with and that safety equipment – in particular harnesses…
News 24 Jan, 2023
