News & Events
News & Events
Victoria Brown has been published in LawInSport. In the article, titled ‘The importance of giving clear reasons in sports disciplinary decisions: lessons from the Gerwyn Price decision’ Victoria explores sanctions given by the Darts Regulation Authority. The article reflects upon the decision given in Gerwyn Price v The Darts Regulation Authority and why guidelines for sanctions are so important. Victoria considers the consequences of Mr Price’s approach to his appeal and suggests some practical takeaway points. The article can be read online here. Victoria is a civil and commercial practitioner with a particular focus on pensions, employment, commercial and financial services disputes. Should you wish to instruct Victoria or find out more, please contact David Smith (+44 (0)20 7427 4905).
External Publications 12 Nov, 2019
Daniel Barnett has recently recently written and published “Deconstructing TUPE”. The Transfer of Undertakings (Protection of Employment) Regulations 2016 is the legal mechanism which protects employees when the business they work for transfers to a new owner. Its provisions can be complex and intimidating. The HR processes involved in a TUPE transfer can be detailed, time consuming and emotional for everyone involved This book deconstructs the law and explains the relevant principles in simple and practical terms, including: when TUPE applies the automatic transfer principles what transfers, and when does the transfer take place? Information and consultation TUPE and dismissal changing terms & conditions after a TUPE transfer Daniel Barnett is a leading employment and commercial barrister. With 25 years’ experience…
External Publications 11 Nov, 2019
In his latest headnote for Oxford International Organizations (OXIO), Alex Haines examines how the right to due process is incorporated into the Enforcement Policy and Procedures (EPPs) of the European Bank for Reconstruction and Development (EBRD). The EPPs, together with the Agreement Establishing the EBRD and the Enforcement Committee Terms of Reference, constitute the legal framework that governs the administrative process by which the EBRD determines whether or not to sanction firms and individuals alleged to have engaged in Prohibited Practices to ensure that EBRD resources and assets are used only for their intended purposes. The EBRD’s sanctions framework follows a two-tier enforcement process, similar to the World Bank Group. Although there are concerns as to the composition of the…
External Publications 6 Mar, 2019
GIR celebrated the third edition of The Practitioner’s Guide to Global Investigations with a launch party at the British Library on 23 January. The publication has grown immensely since it was first launched in 2016 and currently comprises two volumes, edited by Judith Seddon at Ropes & Gray, Eleanor Davison at Fountain Court Chambers, Luke Tolaini and Christoper Morvillo at Clifford Chance, and Michael Bowes QC at Outer Temple Chambers, as well as by two new editors: Tara McGrath at Clifford Chance and Ama Adams at Ropes & Gray. Volume I of the new edition details every phase of a serious corporate investigation from the UK and US perspectives, while Volume II presents detailed comparable surveys of the relevant law…
External Publications 25 Jan, 2019
A new update to Tolley’s Pensions Law chapter on Dispute Resolution and Pension Scheme Litigation is now available both online, on Lexis Library, and in hard copy. Jennifer Seaman has provided an extensive update to this chapter, covering matters such as the role of the courts in pension scheme litigation, the role of the Pensions Regulator and that of The Pensions Ombudsman. Jennifer is an established junior in the field of Pensions and Trusts and has been involved in a number of important cases in these fields. She is the author of numerous articles on trusts and pension litigation, and is recommended as a Leading Junior in the field of Pensions in Chambers & Partners and in The Legal 500. Tolley’s…
External Publications 31 Jul, 2018
Trusts & Trustees has recently published an article written by Outer Temple’s Jennifer Seaman on Guernsey’s recent controversial decision on the so-called ‘rule in Hastings-Bass’ in M v St Anne’s Trustees Limited. Her article explores the factual background of this case, and makes practical comments on the judgment. To see Jennifer’s arguments and to read the full article, please follow this link. Nicolas Stallworthy QC and Saaman Pourghadiri of Outer Temple Chambers have been advising in relation to the case and the pending appeal.
External Publications 16 Apr, 2018
Oliver Powell and Tim Green have contributed to Millington and Sutherland Williams on The Proceeds of Crime, fifth edition, OUP (2018). Oliver was responsible for chapters on bribery & corruption, investigations and the seizure and recovery of cash. Tim was responsible for chapters on money laundering and disclosure of suspicious transactions. Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. Outer…
External Publications 16 Feb, 2018
Stephen Butler responds to LexisNexis’ interview on Shurbanova v Forex Capital Markets, by exploring the court’s decision. Stephen emphasises that ‘the most helpful element of the judgment is the clarification of the circumstances in which a Braganza Duty will apply’. He suggests to practitioners that they should ‘take note of the court’s willingness to uphold a more stringent express duty to act fairly when exercising a contractual power. Serious consideration should be given to whether to include such an express fetter within the contract, rather than leaving it to the courts to imply a narrower Braganza Duty.’ Click here for the written interview published by LexisNexis.
External Publications 20 Sep, 2017
Alex Line, counsel for the claimant in R (on the application of JF) v London Borough of Merton [2017] EWHC 1519 (Admin), a recent decision of the High Court concerning the Care Act 2014, examines – in an article for Lexis®PSL – the practical implications of the judgment and the way it will influence practitioners when advising clients. In this case, a young adult diagnosed with autistic spectrum disorder claimed that the assessment of his needs, as conducted by the defendant, was unlawful. The assessment report, which also included a proposal to transfer him to an alternative residential care setting, was quashed by the court. The court ordered that a new assessment be undertaken by the local authority, it being…
External Publications 2 Aug, 2017
Robert Rhodes QC, Outer Temple Chambers business crime specialist, questions the SFO’s decision to prosecute both Barclays Bank and various directors. He points out that Barclays did not have to turn to the taxpayer for the support that it received during the financial crisis. He asserts that “the events are too far in the past and the consequences too dire for small shareholders”, doubts whether the individual defendants can receive a fair trial if Barclays pleads guilty, and suggests that prosecuting Barclays directors so long after the event “is inhumane”. Robert emphasises that “(s)erious fraud must be prosecuted and punished if the evidence is available, and it is in the public interest to prosecute”, but queries whether there is any…
External Publications 20 Jul, 2017
In this recent article recent article for Trusts & Trustees, Kate takes a look at the court’s role in assisting trustees and Re Beddoe orders (where second proceedings were characterised as charges and expenses, and leave to appeal not required). She begins by explaining Re Beddoe applications in general, outlining key procedural elements and sets out in which types of cases these applications are likely to be successful and then reviews the law relating to Re Beddoe applications and applications for directions in the UK, New Zealand, and Australia – and comments on the role that judges play in assisting trustee decision-making. According to Kate, the Re Beddoe application, which takes its name from the case Re Beddoe, “is a specific type of application…
External Publications 20 Jun, 2017
In an article published in the latest ELA Briefing, Emily Gordon Walker and Gus Baker of Outer Temple Chambers discuss the impact of the new employment tribunals decisions database and provide advice for litigants about making applications for anonymity and restricted reporting. Emily and Gus discuss employment tribunals’ powers to make orders protecting individuals’ identities from publication. The article discusses the relevant case law in relation to such orders (including BBC v Roden and Fallows v NGN) and emphasises the importance of particularising exactly how an applicant’s Article 8 rights will be infringed if their name is published. Please click on this link to read the full article.
External Publications 4 May, 2017
