News & Events

Covid-19

Judgment in franchise dispute; Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett

Judgment was handed down last week in the case of Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett [2021] EWHC 1218 (Ch). David E. Grant acted for the Defendants in this expedited trial on liability and injunctive relief between a franchisor and ex-franchisee. Judgment was handed down in this franchise dispute on 11 May 2021. The First Defendant was a franchisee of the “Drain Doctor” brand licensed by the Claimant, Dwyer (UK Franchising) Ltd, which claimed to be the UK’s largest full-service network of emergency plumbing and drainage operations and part of the world’s largest home service franchise. The case raised issues of misrepresentation, undue influence, repudiatory breach, affirmation and the reasonableness of the post-termination restrictive covenants. The Defendants…

Covid-19, Commercial during Covid-19, Commercial, News 18 May, 2021

What will the public inquiry into the government’s handling of Covid-19 look like?

Following the PM’s announcement on Wednesday, we revisit an article by Harriet Jerram explaining what a public inquiry would look like. This article was written in the height of the pandemic in July 2020. On Wednesday, the Prime Minister told MPs an independent public inquiry into the handling of the pandemic would be held in spring 2022. Harriet Jerram’s article was written during the height of the pandemic and considered what a public inquiry into the Covid 19 response might look like. The content is very much relevant right now and so is worth sharing again. It considers why and when public inquiries are appropriate and the function they serve as well as what issues a Covid 19 inquiry would likely…

Covid-19, Legal Blog & Publications, Inquests & Inquiries during Covid-19, Inquests & Inquiries 14 May, 2021

The Good Faith Problem

Chloë Bell and Saaman Pourghadiri discuss the ‘Good Faith Problem’ in our latest commercial webinar. Chloë and Saaman examine case law surrounding the issue of good faith in commercial contracts. Chloë and Saaman discuss: Construction and Implication of Terms Good faith in Relational Contracts Negotiations in Good Faith Discretions What they are Identifying contractual discretions Intensity of court review Watch the webinar here: About the presenters Chloë Bell is regularly instructed in commercial and chancery matters. She has provided advice in a number of cases on the interpretation of contracts and has experience appearing led and as sole counsel in court on commercial matters, including acting on behalf of FXCM in the case of Shurbanova v FXCM [2017] EWHC 2133 which…

Covid-19, Commercial Vlogs, Commercial during Covid-19, News, Webinars & Vlogs 10 Nov, 2020

Hearings by electronic communication – updated to reflect the changes made on 8 October 2020 to the 2013 ET Rules

What can be achieved via electronic means within the 2013 Employment Tribunal Rules? Andrew Allen QC has updated his earlier article to reflect the changes to the 2013 ET Rules made on 8 October 2020? Hearings by electronic means Following the changes to the 2013 ET Rules made on 8 October 2020, Andrew Allen QC has updated his article analysing the practical issues faced by Employment Judges in considering, within the parameters of the 2013 ET Rules, whether to list hearings that are to be conducted by electronic communication. You can view the article here. Find out more These extraordinary circumstances bring new perspectives on employment law and the existing rules. Please contact Nick Levett on 020 74274905 or Adam Macdonald on 020 7353 6381…

Covid-19, Legal Blog & Publications, Employment during Covid-19, News 9 Oct, 2020

Coronavirus (Covid-19) Update

Remote Working Arrangements Updated 4 November 2020 In line with the recent government update on further lockdown measures, Outer Temple Chambers will operate predominantly on a remote basis. All client meetings are being conducted virtually and our practice management team are able to arrange conferences via video link or audio call, in line with client requirements. A small cohort of staff and members who cannot work from home remain on site at our 222 Strand premises whilst observing strict Covid-19 secure protocols established and overseen by our Property & IT Manager, Rachael Bagnall. Read our full Covid-19 Risk Assessment here. We are using paperless systems where possible to share documentation. We are keeping a close eye on developments and guidance in…

Covid-19 1 Oct, 2020

A deep dive into the moratorium – a lender’s perspective

With suspension of insolvency enforcement due to end shortly, lenders face the prospect of borrowers entering the new, free-standing moratorium. Andrew Spink QC, Justina Stewart and Saaman Pourghadiri consider the impact of the new moratorium from a lender’s perspective. How vulnerable are lenders upon entry into the moratorium? Which categories of charge holders are more vulnerable? How might lenders protect their positions, and what opportunities might a moratorium present to lenders? In this in-depth article, Andrew, Justina and Saaman consider: Protections for lenders arising from: the requirement of companies to meet lenders’ capital and interest payments during the moratorium; the disapplication of “ipso facto” provisions to most financial services contracts; and the ability of lenders, in practice, to stymy the…

Banking during Covid-19, Covid-19, Legal Blog & Publications, Financial Services 9 Sep, 2020

What would a public inquiry into the government’s handling of Covid-19 look like?

Harriet Jerram considers what a public inquiry into the Covid 19 response might look like and whether it would meet the need for a rapid and focussed response to mitigate any future public health disaster. With the UK still in the grips of the Covid 19 pandemic, calls for a public inquiry into the government’s handling of the response to the crisis have been widespread. On 15 July 2020 the Prime Minister committed to holding an “independent inquiry” but would not be drawn on details as to when and in what form this would take place. Harriet’s article considers what a public inquiry into the Covid 19 response might look like. It considers why and when public inquiries are appropriate…

Covid-19, Legal Blog & Publications, Inquests & Inquiries during Covid-19, Inquests & Inquiries 30 Jul, 2020

Webcast Invitation: Navigating your compliance and investigations framework

Outer Temple and EY invite you to a joint webcast: Practical legal and risk considerations when navigating your compliance and investigations framework. Failure to organise your compliance framework and react to internal issues can be disastrous for organisations, resulting in fines, sanctions and reputational damage. During the heat of the COVID-19 crisis, while most organisations adapted at pace and carried on through the pandemic, aspects of their usual compliance processes did go into a level of hibernation. Now is the time to look back at what happened, put right any ‘wrongs’ and use lessons learnt to strengthen your organisations’ business conduct and ethics framework. Where there may have been ‘wrongs’, the decision of any corporate entity to launch an internal…

Covid-19, Business Crime, Business Crime during Covid-19, Events, News 15 Jul, 2020

Read our CEO’s article in Counsel Magazine on managing Chambers through COVID-19

Counsel Magazine asked Outer Temple’s CEO, Rebecca Priestley, how she has managed to steer Chambers successfully through lockdown. Rebecca shares her six key lessons learnt… “You can’t control extreme events; you can control how you react.”  Rebecca explains how she navigated Outer Temple Chambers through the last few months. In the run-up to full lockdown on 24 March, she had tasked the team with running a full pandemic pilot, shutting down the office and trialling remote working. Key lessons were learnt and a clear business continuity plan formed. Having worked in a bank during the financial crash, Rebecca had some experience of operating during extreme events. Key lessons from Covid-19 for a new way of working Read the full article…

Covid-19, Legal Blog & Publications 22 Jun, 2020

UK insolvency reforms – a blueprint for reform in offshore jurisdictions?

Tim Prudhoe and Justina Stewart look at the likely implications of the Corporate Insolvency and Governance Bill on several overseas jurisdictions. In the short time since first published (22 May 2020), much electronic ink has been spilt on the most significant reforms introduced by the UK Parliament in a generation to insolvency and restructuring law – the Corporate Insolvency and Governance Bill. Much, though, is still left unsaid as to the likely wider reach outside of the UK of the finished product. The raw material is there for this to have a major impact in several overseas jurisdictions that follow the English common law model (albeit not, directly, its actual statutory regime). In this article, Tim Prudhoe and Justina Stewart highlight the…

Covid-19, Commercial during Covid-19, Legal Blog & Publications, Commercial 12 Jun, 2020

Covid-19 adds further pressure to address LIBOR transition litigation risk

Outer Temple Chambers’ Justina Stewart and Signature’s Johnny Shearman’s article on pressure on market participants to address litigation risk bedevilling LIBOR transition has been published in the FT’s Global Risk Regulator. Covid-19 has caused a dramatically increased need for credit, as well as significant uncertainty about the value of a huge range of assets.  LIBOR is the world’s most widely used interest rate benchmark.   Market behaviour, in light of Covid-19, has only served to confirm the lack of LIBOR’s representativeness.  Therefore, the FCA and the Bank of England have not changed their core message ­– firms cannot rely on LIBOR being published after the end of 2021. However, as matters stand, it remains for the market to effect the transition.…

Banking during Covid-19, Banking, Covid-19, Legal Blog & Publications 8 Jun, 2020

Paul Rogers on HSE Guidance, Enforcement and Social Distancing at Work

Paul Rogers considers what the HSE has said about enforcement, and what guidance there is to assist employers to make decisions about protective measures, and raises some questions about the difficulty of proving a material risk of transmission in relation to the so-called ‘two metre rule’. Paul Rogers of our Health & Safety Team has recently had an article published in LexisPSL exploring HSE guidance, enforcement and social distancing at work. The Guidance The Health and Safety Executive (HSE) has said it will look closely at concerns about social distancing and coronavirus (COVID-19) to secure compliance with the law, and has made clear that duty holders have a responsibility to protect workers and others against the risk of coronavirus infection…

Covid-19, Legal Blog & Publications, Health & Safety 4 Jun, 2020

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