News & Events
News & Events
Elaine Palser, instructed by Harold Benjamin, acted for the successful claimants in Connoisseur Developments Ltd and others v Koumis [2023] EWHC 855 (Ch). The claim was for breach of a joint venture agreement. Facts The claimants (a property development company and its directors) brought a claim against the executor of the estate of one of their fellow joint venturers for breach of a joint venture agreement to build flats. The executor counterclaimed for the return of the freehold property upon which the flats had been built. The dispute dated back many years and was complicated by the death of two of the joint venturers. A professional administrator had to be appointed to complete the joint venture pending resolution of various…
Commercial, News 4 May, 2023
Legal 500 have announced their EMEA results and we are proud to announce that Outer Temple Chambers, and our barristers, have yet again been ranked for our commercial expertise at the English Bar in the Middle East. These rankings reflect competency in providing expert advisory and advocacy services and facilities for contract and commercial, financial, regulatory, taxation and trusts, employment and arbitration work in the UAE and across the Middle East. Outer Temple Chambers has a well-established presence in the Middle East, with a registered office and members on the ground. Legal 500 noted our particular expertise in commercial litigation and arbitration, company and employment law, shipping, and regulatory issues. Tier 2 Set Outer Temple Chambers has been ranked as a…
Commercial, News, International 13 Apr, 2023
Barristers from Outer Temple will join the line up of speakers at the Commercial Bar Association Inaugural Gulf Meeting in Dubai on Thursday 23rd February. The Gulf Committee is pleased to announce that the COMBAR Gulf Meeting will take place in Dubai, on Thursday 23 February 2023. The meeting will involve an afternoon of seminars, with an emphasis on collegiate discussion between professionals across a number of jurisdictions, followed by a drinks reception in the evening. This event will consist of two panel discussions. Andrew Spink KC will act as Chair the first panel discussion on the topic of Digital Assets. Justina Stewart will then join the second panel to discuss Jurisdiction. David Russell KC, Philip Punwar, Sean Yates and Stephen Doherty…
Events, Commercial 21 Feb, 2023
![Case Analysis PJSC National Bank Trust & anor v Mints & ors [2023]](https://www.outertemple.com/wp-content/uploads/2023/02/Case-Analysis-PJSC-National-Bank-Trust-anor-v-Mints-ors-2023-550x370.png)
Joshua Hitchens, along with Annabel Thomas, Gavin Costelloe and Bethany Histed (of Greenberg Traurig LLP) consider one of the first major judgments on the effects of the Russian sanctions regime on commercial litigation involving parties subject to asset freezes following Russia’s invasion of Ukraine. On 27 January 2023, Mrs Justice Cockerill handed down judgment in PJSC National Bank Trust & anor v Mints & ors [2023] EWHC 118 (Comm) in which she considered the effect of the Russian sanctions regime on commercial litigation involving parties who are designated persons. Under the Russia (Sanctions) (EU Exit) Regulations 2019 (the “Regulations”), all assets of a designated person are frozen, meaning no person may deal in them, and no person may make available any…
Commercial, News, International 9 Feb, 2023
Outer Temple Chambers is delighted to welcome the arrival of Lucian ILIE, a former senior associate at Reed Smith LLP, London. Lucian is a specialist in international law and international arbitration, with particular expertise in investor-State and commercial arbitration disputes. Lucian ILIE combines his experience of both civil law culture with common law know-how within International Arbitration, International Organisations, Private and Public International Law and International Commercial Litigation. Before moving to the English Bar, during almost 10 years, Lucian has advised and represented parties throughout Europe, the Middle East and the CIS countries in arbitration matters in various industry sectors including construction, telecoms and energy and under many arbitration rules such as ICSID, UNCITRAL, PCA, SCC, ICC, LCIA and SCAI,…
Commercial, News, International 1 Jul, 2022
The Court of Appeal has just handed down judgment in Dwyer (UK Franchising) Ltd v Fredbar Ltd & Bartlett [2022] EWCA Civ 889 in which David E. Grant QC and Anson Cheung appeared for the successful respondents. This is the most detailed consideration yet by the courts of the enforceability of post-termination restrictions in franchise agreements. Background to the Appeal The First Respondent, Fredbar Ltd, was a franchisee of the “Drain Doctor” brand licensed by the Appellant, Dwyer, 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. Fredbar and the Second Respondent, Mr Bartlett (the sole director and employee of Fredbar and guarantor under the franchise agreement)…
Commercial, News 30 Jun, 2022
Chloë Bell joined a panel of experts at the Crypto in Disputes 2022 conference at the Law Society. This was hosted by ThoughtLeaders4 FIRE. We were delighted to be the Event Partner Sponsor. Crypto in Disputes is a conference hosted by ThoughtLeaders4 FIRE where a range of expert speakers discuss all areas of disputes where Crypto is involved. Some of the topics discussed include: NFC DisputesInvesting in Crypto CompaniesADRInternational RegulationAsset RecoveryTrusts, Divorce & Private Client Chloë Bell joined, Dan Wyatt, Tim Penny QC, Charlotte Bhania and Matthew Bradley QC on the panel at this lunchtime talk. They covered “Settlements, Mediation & Negotiation: Unique Intricacies of Crypto”. Click here to find out more about the event. Find Out More Chloë Bell has…
Events, Commercial 30 Jun, 2022
Andrew Short QC, David E. Grant QC, Helen Pugh and Gus Baker, of Outer Temple’s Pensions and Commercial team, have been instructed in a landmark multiple derivative and ESG case. In this case two members of one of the largest pension schemes in the UK made a novel attempt to obtain the court’s permission to bring a derivative claim against the directors of the corporate trustee of the pension scheme. In a detailed judgment dismissing the application, Mr Justice Leech provides welcome clarification on the test to be applied to multiple derivative actions. Such actions continue to be governed by the Foss v Harbottle common law test in contrast to single derivative actions which are now governed by the Companies Act 2006. Further, in one…
Commercial, News, Pensions 25 May, 2022
Following David E. Grant QC’s previous instruction acting for the defendant in Dwyer (UK Franchising) Limited v Fredbar Limited [2021] EWHC 1218 (Ch), he will be appearing in the Court of Appeal leading Anson Cheung, on Tuesday 24th May. Details of the case The Claimant, Dwyer (UK Franchising) Limited, appeals paragraph 3 of the order of Jones J sitting as a High Court Judge at the Business and Property Courts dated 17 May 2021 by which he declared that the restrictive covenants contained in clauses 18.2.1.1, 18.2.1.2, 19.3.1 and 18.3.2 are unenforceable as between the Claimant and each of the Defendants to whom those sub-clauses apply and the Claimant’s claim for injunctive relief is dismissed. The Claimant is the franchisor…
Legal Blog & Publications, Commercial, News 23 May, 2022
In syndicated lending it is common for lenders to delegate functions to an Agent and equally common for companies within a group to authorise the parent to act on their behalf. That has ramifications for the directors of the delegating companies – and for the directors of the delegate. This article, written by Helen Pugh, considers the issues which may arise. A common feature of syndicated loans is the role of Agent and the delegation bycompanies of functions in connection with the syndicated loans. In most cases, delegation will be a lawful and commercially pragmatic act. But there are pitfalls for the unsuspecting director who remains personally responsible for discharging his director’s duties to the company. Delegation should be thoroughly…
Commercial, News 12 May, 2022
We are delighted to welcome Edward Morgan QC to our business team. Ed joins us with a well-established practice focused on employment law, commercial law, disciplinary and regulatory work. He is also an accredited Mediator and Arbitrator. Ed studied in Northern England (LLB and LLM) and Belgium (JCL, PhD and JCD). He was called to the Bar of England & Wales in 1989 and the Bar of Northern Ireland in 2000. He was appointed silk in 2021. His judicial appointments include fee-paid Employment Judge and Assistant Coroner. Ed’s expertise is widely recognised; he regularly writes case reviews for LexisNexis and professional book reviews for specialist journals, including the Ecclesiastical Law Journal and the Canon Law Society of Great Britain and…
Commercial, News, Employment 27 Apr, 2022
Asset Reality, Grant Thornton UK LLP, Outer Temple Chambers, Rahman Ravelli and Sandton Capital collaborate to help victims of crypto-related fraud overcome access to justice hurdles. While crypto-related fraud reached an all-time high in 2021, with illicit addresses receiving US$14bn over the course of the year*, up 79% on the previous year, matters brought before courts remain comparatively low, in large part due to a lack of funding options for otherwise meritorious lower-value claims. Under the new collaboration, Asset Reality, Grant Thornton UK LLP, Outer Temple Chambers, Rahman Ravelli have established a triage system for the initial assessment of claims, with investigatory and corporate intelligence expertise then deployed to contextualise claims for legal assessment. Meritorious claims will be assessed and…
Commercial, News, Financial Services 27 Apr, 2022
