News & Events
News & Events
Outer Temple’s Lucian ILIE has co-authored the ‘Romania‘ chapter in the International Comparative Legal Guide – International Arbitration 2023 with Adrian Lordache from Consortium Legal. Luican Ilie of Outer Temple has co-authored the 20th edition of the ‘Romania‘ Chapter in the International Comparative Legal Guide – International Arbitration 2023 article alongside Adrian Lordache. The article covers common issues in International Commercial Arbitration, divided into 15 different parts: Part One : Arbitration AgreementsPart Two: Governing LegislationPart Three: JurisdictionPart Four: Choice of Law RulesPart Five: Selection of Arbitral TribunalPart Six: Procedural RulesPart Seven: Preliminary ReliefPart Eight: Evidentiary MattersPart Nine: Making an AwardPart Ten: Challenge of an AwardPart Eleven: Enforcement of an AwardPart Twelve: ConfidentialityPart Thirteen: Remedies/Interests/CostsPart Fourteen: Investor-State ArbitrationPart Fifteen: General Read full article Read the Romania chapter…
External Publications 21 Sep, 2023
Sean Yates writes for Lexis Nexis Middle East analysing a case heard by the DIFC Court of First Instance titled ‘The DIFC Courts Apply Riyadh Convention Provisions in a Claim for Recognition of a Foreign Judgment’. On 13 September 2023, in Murex Gulf Properties Company K.S.C.C. v The Investment Dar Company K.S.C.C. (Murex), the DIFC Court of First Instance heard an application from the Claimant to amend its claim form. In this article, Sean Yates expertly dissects the implications and significance of this groundbreaking amendment application. Analysis The analysis was published by Lexis Nexis Middle East on 13th September and can be found here (subscription required). Find out more Based in Dubai, UAE, Sean specialises in international arbitration and civil…
External Publications 20 Sep, 2023
The final report of the Brook House Inquiry, in which Paul Livingston was Junior Counsel to the Inquiry, was published yesterday, 19th September 2023. The Inquiry, chaired by Kate Eves, was established to investigate the mistreatment of people detained at Brook House Immigration Removal Centre from April to August 2017, following a BBC Panorama investigation which was broadcast in September 2017, showing covert footage recorded over that period. The Inquiry found 19 incidents in which there was credible evidence of acts or omissions that were capable of amounting to mistreatment contrary to Article 3 of the European Convention on Human Rights, including inappropriate use of force, unnecessary infliction of pain, physical violence, threatening and humiliating comments, and inappropriate segregation. Findings…
External Publications 20 Sep, 2023
Shabana Saleem has written an article titled ‘Building better foundations: the Dubai International Financial Centre foundation law consultation’. This article focuses on the key tenets of the DIFC consultation paper’s proposed amendments to the Foundation Law. The current proposed amendments to the Dubai International Financial Centre (DIFC) Foundations Law No 3 of 2018 (consolidated version of 2022) (“Foundations Law”) come at an opportune time and are testament to the wider progressive measures taken by the DIFC legislator, and to the growing popularity of foundations. The DIFC consultation paper introduces specific amendments to enhance this legislation. If implemented, the amended law will help meet the needs of the ever-growing private client base that increasingly uses foundations as a preferred structuring and…
External Publications 5 Sep, 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
Discrimination law specialist Naomi Cunningham was invited to write an article for Discrimination Law Association Briefings on the Scottish court ruling on the meaning of ‘sex’. Naomi’s article highlights the issue that, under the Scotland Act 1998 (the Act), any provision of legislation passed by the Scottish Parliament is of no effect in so far as it is ‘outside the legislative competence of the Parliament’; a provision is outside the legislative competence of the Parliament if it relates to reserved matters. Equal opportunities is a ‘reserved matter’ by schedule 5 to the Act, but that reservation is subject to certain exceptions, one of which relates to ‘the inclusion of persons with protected characteristics in non-executive posts on boards of [a…
External Publications 18 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
Outer Temple’s David Russell KC was recently published in a Bloomberg Tax article called ‘Dubai Family Wealth Takes the Stage With New Planning Center’. Dubai is making it easier than ever for large family businesses to sustain themselves over time. Dubai has worked hard to position itself an attractive jurisdiction for businesses, including family businesses. It had no personal or corporate income taxes until recently, when it introduced one of the world’s lowest corporate income tax rates of 9% to comply with the OECD’s Global Tax Deal. David Russell KC was recently published in a Bloomberg Tax article called ‘Dubai Family Wealth Takes the Stage With New Planning Center’ alongside Esquire Group’s Jimmy Sexton. Read the full article Please click here to…
External Publications 14 Jun, 2023
We are delighted to announce that the sixth edition of Millington and Sutherland Williams on The Proceeds Of Crime has been published by Oxford University Press. The editorial team included Oliver Powell, and a contribution from Helen Pugh, both of Outer Temple Chambers. The proceeds of crime field continues to be one of the fastest moving areas of the legal system in England & Wales. Millington and Sutherland Williams on the Proceeds of Crime offers an extensive and authorities examination of asset forfeiture and civil recovery. Chapters new to this edition: Examine the new Anti-Money Laundering Directives that have entered into force in 2020 and provides for certain amendments to the risk-based approach towards money laundering by considering the measures that…
External Publications 8 Jun, 2023
Naomi Cunningham has written an article titled ‘Women’s Sport and the law’ in New Law Journal. In this article, discrimination law specialist, Naomi Cunningham, and Fiona McAnena, director of sport at Fair Play For Women, examine what is fair and what is legal when it comes to trans inclusion in elite women’s sports, weighing up the law and the latest guidance. For as long as there has been organised sport, men and women have competed in separate categories. In March 2023, World Athletics announced that no athlete who had gone through male puberty would be allowed to compete in women’s world ranking competitions. Soon after, UK Athletics followed suit. Naomi and Fiona discuss whether sporting bodies risk legal claims brought…
External Publications 6 Jun, 2023
Bianca Venkata has recently been published in Lexis Nexis® PSL. Her article provides a short overview of the proposed amendments of Department of Health and Social Care (DHSC) to the National Health Service Pension Scheme Regulations 1995 (1995 Regs). On the 5th December 2022, DHSC launched a consultation regarding proposed amendments to the 1995 regulations. The background to the consultation was a desire to make it more attractive for NHS employees to work for longer and thereby reduce NHS waiting times and retain the skills and knowledge of experienced NHS employees. The key reform proposals include allowing pensionable re-employment for retired members of the 1995 Scheme, allowing partial retirement for members who wish to continue working while reducing their hours and drawing…
External Publications 22 May, 2023
Dr Ali Almihdar has co-authored an article for International Construction Law Review on international construction contracts in the Kingdom of Saudia Arabia with Joseph Chedrawe of Covington & Burling. It has been said that the laws applicable to disputes arising in the Kingdom of Saudi Arabia are a black box – complicated, inaccessible, hidden, mysterious. For many years, Saudi Arabia has been home to some of the world’s biggest and most important construction projects. Alongside these projects has come the inevitability of international arbitration over disputes arising from them. While the disputed issues may be generally described as typical in construction law – contractual notice, non-payment, scope variations, limitation of liability, and damages – the applicable law may be counter-intuitive…
External Publications 14 Apr, 2023
