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Legal Blog & Publications

Oliver Powell successful in Environmental Appeal

Oliver Powell, instructed by Andrew Oliver of Andrew Jackson LLP, appeared at York Crown Court in relation to an environmental appeal which had its genesis in regulatory breaches in the fishing sector. Oliver (who was not instructed at first instance) appeared on behalf of the appellant, John MacAlister (Oban) Ltd (‘the Company’). The case concerned an investigation by the North Eastern Inshore Fisheries and Conservation Authority (‘NEIFCA’) into the activities of one of the Company’s vessels, the Star of Annan. The breaches, which occurred variously on six different occasions, concerned: catching undersize scallops; fishing outside of a permitted area; fishing without a valid permit; fishing with more than 10 scallop dredges; failing to operate AIS; and fishing in a closed…

News, Health & Safety 10 Sep, 2021

Administrators, burials and costs – John McKendrick QC defends appeal against costs order by the successful party in burial dispute.

John McKendrick QC has been successful in defending a costs order appeal by the son of his client’s late husband after the judge departed from the general rule of awarding successful parties their costs in Algeilani v El Samawi [2021] EWCA Civ 997. Alex Cisneros provides a helpful case summary . The deceased’s son had succeeded in his claim exclusively by the introduction of a new argument. This new point was only raised following circulation of a draft judgment giving judgment against him. The judge reconsidered his judgment in light of this new point but, in the subsequent costs order, the judge decided to award costs only from the date he introduced the new argument. The judge also required the…

Legal Blog & Publications, News 17 Aug, 2021

David Holloway wins landmark DIFC State Immunity Case

David Holloway recently represented Fal Oil Company and successfully achieved the enforcement of a judgment for over US$300 million plus significant interest against the Sharjah Electricity and Water Authority (SEWA). The underlying litigation had a complex and long history, involving appeals to the UAE Supreme Court and the intervention of a royal commission. Fal Oil had been unsuccessful in attempts to execute the judgment in Sharjah over a number of years. Enforcement proceedings in the DIFC Courts were contested by SEWA, who opposed the enforceability of the judgment on grounds of State Immunity and Public Policy. The judgment of the DIFC Court in Fal Oil Company  v SEWA sheds considerable light on the question of State Immunity as understood in the DIFC and the…

Commercial, News, International 4 Aug, 2021

Hughes v Pritchard [2021] EWHC 1580 (Ch): overriding the medical capacity assessment?

On 11 June 2021, HHJ Jarman QC sitting at the High Court handed down judgment in Hughes v Pritchard[2021] EWHC 1580 (Ch).  The Court notably found the testator to lack capacity and his last will to be invalid despite a contemporaneous medical capacity assessment finding the testator to have capacity. Jennifer Seaman and Bianca Venkata provide a brief overview of the case and suggests what lessons can be learned to ensure the validity of wills going forward. The facts Mr Hughes owned considerable farmland in Wales. Mr Hughes had three children: an eldest son Elfed, a second son Gareth and a daughter Carys. Elfed worked long hours on his father’s farm for no remuneration. Mr Hughes promised Elfed, his wife Gwen and their three…

Legal Blog & Publications, News, Private Client 3 Aug, 2021

X v Kuoni: Success for X in the Supreme Court

On 30 July 2021, the Supreme Court unanimously allowed X’s appeal in the long-running case of X v Kuoni. This is a key decision in respect of the scope of the liability of package tour operators. Carin Hunt provides a casenote on the judgment. The facts The facts giving rise to this case occurred over a decade ago now, when Mrs X and her husband were on a package holiday in Sri Lanka. Early on the morning of 17 July 2010, a hotel maintenance employee on night duty offered to show Mrs X a shortcut to reception. The employee then took Mrs X to an engineering room where he assaulted and raped her. The issues Having been dismissed both at first instance and by…

Legal Blog & Publications, News, Travel 3 Aug, 2021

Carin Hunt discusses the registration of cyclists with Lexis PSL

In a recent Lexis PSL News Analysis article, Carin Hunt considers how cycling and e-scooters may be regulated in the future and the potential impact for practitioners on personal injury law. Sabina Habib of Lexis Nexis interviewed Carin Hunt for a Personal Injury Analysis piece, published in July 2021. We summarise the their conversation below. Registration of cyclists The first idea considered by Carin in this interview was originally floated by motoring lawyer Nick Freeman. Freeman proposed the creation of a licensing system for cyclists and e-scooter riders. The suggestion is for cyclists to be compulsory registered, to wear numbered tabards, and be eligible for penalty points should they break the rules of the road. Carin cites expense, practical complexity, and the potential hidden…

Legal Blog & Publications, News, Personal Injury 30 Jul, 2021

Watch the Webinar: The Anatomy of a Criminal Pensions Investigation

Watch a recent webinar by the pensions team and business crime team at Outer Temple Chambers, discussing a business crime lawyer’s perspective on the Pension Schemes Act 2021. Outer Temple Chambers hosted a well received talk on 16th July 2021, focusing on criminal proceedings arising out of the Pension Schemes Act 2021. Two of our finest pensions barristers, Andrew Spink QC and David E. Grant, joined two of our renowned business crime barristers, Michael Bowes QC and Oliver Powell, to examine how and when a regulatory matter may become a criminal matter and, if it looks like it might do so, how to respond, prepare and advise your clients. The Topics Andrew Spink QC: Welcome and introductionDavid E Grant: Civil…

Business Crime Webinars, Business Crime, Pensions Webinars, Webinars & Vlogs, Pensions 28 Jul, 2021

David Holloway contributes to debate on Hague Choice of Court Convention

David Holloway recently contributed to the debate on the Hague Choice of Court Convention, hosted by João Ribeiro-Bidaoui, first Secretary of the Hague Conference on Private International Law. The HCCH 2005 Choice of Court Convention (“Convention“), adopted over fifteen years ago, has recently become the subject of damning criticism from Gary Born, Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP. Born suggested that states bound by the Convention should denounce it, and that other states, including those like the United States, China, and Israel whose signature foreshadows ratification, should discontinue their work. João Ribeiro-Bidaoui, first Secretary of the Hague Conference on Private International Law responded, firmly, against the charges laid at the Convention’s feet…

International 28 Jul, 2021

Webinar invitation: Pensions Rectification – Evidence and Pitfalls

You are invited to join the Outer Temple Chambers’s pensions team for a webinar on rectification, looking at what evidence you need and some of the pitfalls to be avoided. The speakers at this event, Keith Bryant QC and Michael Uberoi, will cover: What evidence needs to be put before the court when the alleged mistake is not referred to in the documents?How does a Claimant go about establishing the necessary mutual intention in such cases?When is a mistake a mistake as to legal effect, and when is it a mistake as to consequences? – how to approach this distinction in pension rectification cases.The use of confidential opinions – how the courts presently view them.How to establish the necessary subjective intention of the…

Events, Pensions 27 Jul, 2021

Oliver Powell appears in the Croydon Tram Inquests

The inquests into the Croydon tram crash have now concluded, in which Oliver Powell appeared on behalf of Bombardier Transportation UK Limited. The inquests into the deaths of seven people killed in the Croydon Tram crash at Sandilands on 9 November 2016 have now concluded. Following a 10 week inquest, the jury returned a unanimous conclusion of accidental death, together with a narrative. Oliver Powell, instructed by Philip Tansley of Shoosmiths LLP, appeared on behalf of Bombardier Transportation UK Limited, the designer and manufacturer of the CR4000 trams. About Oliver Oliver is ranked in Legal 500 UK for Health & Safety (Tier 1). He is frequently instructed in inquests and inquiries, appearing on behalf of companies and company officers. Clients include Beko, Bombardier, Clipper Ventures Plc,…

News, Health & Safety 23 Jul, 2021

Joshua Hitchens successful in constitutional rights appeal against the Attorney General of Trinidad and Tobago

Joshua Hitchens acted as part of a team who were successful in a constitutional rights appeal for two appellants who wrongly served additional time in prison in Duncan and Jokhan v Attorney General of Trinidad and Tobago. Joshua Hitchens was led by Anand Beharrylal QC in a constitutional rights appeal against the Attorney General of Trinidad and Tobago for two appellants whom, due to an error by the Court of Appeal in criminal proceedings, were required to serve 29 months in prison after their earliest date of release which they ought not have served. The Privy Council allowed the appeal of Duncan and Jokhan (Appellants) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago) [2021] UKPC 17 and the matter was remitted to the…

News, International, Public Law 21 Jul, 2021

Webinar invitation: J2A – Limitation and concealment issues (Lloyds, Axminster and Canada Square)

You are invited to join the juniors at Outer Temple Chambers for the first of a brand new series of events; ‘Juniors to Associates’. The first event on 22nd July will focus on limitation and concealment issues. Outer Temple Chambers is delighted to inform you of a new programme of events specifically tailored to associate level legal practitioners. Juniors to Associates This new programmes, ‘Juniors to Associates’ (J2A), will consist of a range of lunchtime forums for Junior Barristers and Associate Solicitors. Juniors from Outer Temple will discuss topical issues and recent judgments likely to impact future litigation. Guests will then be invited to ask questions and share views and opinions on these topics in an open forum. Each event will be…

Events, Pensions 19 Jul, 2021

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