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Legal Blog & Publications

Robert Rhodes QC on Barclays bankers prosecution for The Brief Premium

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…

Legal Blog & Publications 20 Jul, 2017

Re Beddoe applications for Trusts & Trustees – Kate Davenport QC

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…

Legal Blog & Publications 20 Jun, 2017

Litigants anonymous: the tribunal database and anonymity

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.

Legal Blog & Publications 4 May, 2017

Isle of Wight Council v Platt – a case commentary

On 6th April 2017 the Supreme Court delivered judgement in this widely publicised appeal against the decision of the Divisional Court of the Queen’s Bench Division of 13th May 2016. Lady Hale provided the leading judgement, which was agreed by Lords Neuberger, Mance, Reed and Hughes. The decision is of importance to local authorities, schools and parents across England and Wales because it clarifies the meaning of regular school attendance. Parents may be prosecuted under section 444 of the Education Act 1996 for failing to ensure regular attendance. Prior to this decision uncertainty existed around the correct interpretation of the word “regularly” in this context. As will be seen, the Supreme Court has concluded that the term means in accordance…

Legal Blog & Publications, News 7 Apr, 2017

Listening without prejudice? Procedural adjustments in the Employment Tribunal

James Arnold collaborated with Professor Penny Cooper to write an article for the Employment Lawyer’s Association (ELA) briefing magazine entitled ‘Listening without prejudice? Procedural adjustments in the Employment Tribunal’. The article concerned the duties upon an employment tribunal to make adjustments in its procedures in order to achieve fairness in proceedings. Professor Cooper is a world-leading expert on witness intermediaries and accommodations in court for vulnerable people, including those with autism. James was able to bring his expertise in disability discrimination, and particularly reasonable adjustments, to bear on the article. The article may be found here.

Legal Blog & Publications 14 Feb, 2017

COMBAR publishes BREXIT reports

A series of detailed papers explaining the potential effect of Brexit on a number of practice areas relevant to commercial practitioners have been produced by teams of COMBAR members. These have been produced in the following areas: conflicts of laws, banking, financial services, international arbitration and competition law. The documents can be found here. They were also recently submitted to the Ministry of Justice following a meeting with the Lord Chancellor in December, attended by a number of members of the COMBAR Brexit Committee including Andrew Spink QC. Andrew Spink QC, Deborah Sabalot, Oliver Assersohn, Farhaz Khan and Miranda de Savorgnani each contributed to the paper on the impact of Brexit on financial services. Miranda de Savorgnani also contributed to the…

Legal Blog & Publications 31 Jan, 2017

Costs in Employment Tribunals 2nd edition

Costs in Employment Tribunals 2nd edition, published October 2014. Meets the needs of practitioners, analysing what tribunals are doing and, more importantly, why they are doing so. Uniquely, it draws on decisions in approximately 100 unreported tribunal cases where costs were awarded or refused, offering the reader clarity on how costs decisions are made in these cases. The new edition has been completely revised in light of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. For more information and or to purchase a copy click here.

Legal Blog & Publications 5 Nov, 2014

Alice in Switzerland or the fiduciary as common informer

Trusts & Trustees Journal has published an article by David Russell QC of which the following is the abstract: “Recent developments in the seemingly unending war between revenue authorities unappreciative of the efforts of taxpayers to relieve themselves of tax liabilities and taxpayers convinced that they are better custodians of their profits and gains than the governments who seek to share them as taxes may be testing the boundaries of traditional concepts such as that of sham.”

Legal Blog & Publications 16 Oct, 2014

Experts’ literature – an undervalued resource?

Introduction Experts’ literature is an area that is often overlooked in clinical negligence cases – at least until a trial is almost upon the parties. However experts’ literature deserves more attention in the earlier stages of cases because of the devastating effect that it can have at trial, as the recent High Court case of Sardar v NHS Commissioning Board [2014] EWHC 38 (QB) demonstrates. This article reviews the law and procedure on experts’ literature and examines the practical use of experts’ literature at trial in Sardar v NHS Commissioning Board, before drawing conclusions applicable to all clinical negligence practitioners. Experts’ Literature – The Law & Procedure What happens (in theory) In theory, all literature should be served with an…

Legal Blog & Publications 22 Jun, 2014

Employment Law Handbook, Law Society Publishing

Daniel Barnett and Keira Gore of Outer Temple Chambers, together with Henry Scrope, have updated the popular Employment Law Handbook (Law Society Publishing). The sixth edition, published May 2014, provides a comprehensive overview of the main topics within employment law. This new edition covers a range of new and anticipated developments in employment law, including: Rules of Procedure 2013; tribunal fees regime; protected settlement conversations; ACAS conciliation; employee shareholders; the 2014 amendments to Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); changes to whistleblowing law and unfair dismissal compensation; anticipated changes in maternity, paternity, adoption and parental leave.

Legal Blog & Publications 18 May, 2014

Criminal cartels: can companies be prosecuted?

On 1 April 2014, a new and improved criminal cartel offence will be introduced in the UK by virtue of s47 of the Enterprise and Regulatory Reform Act 2013 (ERRA13). By removing the requirement for an individual to have acted dishonestly in relation to commercial arrangements which involve deliberate price-fixing, market sharing, bid-rigging and limiting output, the new offence should make it easier for the Competition & Markets Authority (CMA) and Serious Fraud Office (SFO) to launch prosecutions of individuals involved in prohibited hardcore cartels. However, by omitting to change the cartel offence so that it embraces corporate criminal liability as well, the question remains: Could the CMA or SFO charge a company with cartel crime? Just as I set…

Legal Blog & Publications 26 Mar, 2014

The extraterritorial reach of criminal and enforcement action in the English courts

Fiona Horlick’s article first appeared in the January 2014 edition of the Butterworths Journal of International Banking & Financial Law.

Legal Blog & Publications 12 Mar, 2014

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