News & Events

Commercial

Lucian ILIE joins Outer Temple Chambers

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

David E. Grant QC and Anson Cheung successful in significant franchising case in the Court of Appeal

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 speaks at ThoughtLeaders4 FIRE Crypto in Disputes event

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 Gus Bake

Four specialist barristers in landmark multiple derivative and ESG case

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

Court of Appeal Rolls Building

David E. Grant QC appears in the Court of Appeal re: Dwyer v Fredbar

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

Delegation not abdication: directors’
duties under scrutiny in syndicated loans

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

Ed Morgan QC joins Outer Temple Chambers

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

Breakthrough in access to justice for victims of crypto fraud

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

Chloë Bell to speak at ThoughtLeaders4 Tech on FIRE Event in London

Chloë Bell has been invited to join a panel discussion on the latest trends in cryptocurrency disputes at the Tech on Fire Conference on Thursday 28th April, in partnership with the Tech Disputes Network. Tech Disputes Network and ThoughtLeaders4 are collaborating to bring you an unique event bridging the gap between the Disputes, Technology, Fraud and Asset Recovery communities. This one day event will bring together professionals from the technology and legal industries interested in avoiding, managing and winning tech disputes. Topics over the course of the day will include cyber fraud, limitations of new technologies, data theft, rogue employees, ransomware, reputation management and cryptocurrency disputes. Latest Trends in Cryptocurrency Disputes Chloë Bell will be joining a number of experts at the…

Events, Commercial 21 Apr, 2022

Chartered Institute of Arbitration presents Cryptocurrency Disputes – Litigation v Arbitration

Watch The Debate: Cryptocurrency Disputes – Litigation v Arbitration

Stephen Doherty and Chloë Bell recently joined the Chartered Institute of Arbitrators’ London Branch Committee for an interesting panel discussion on how to resolve cryptocurrency disputes. Watch the full discussion here. This event featured a group of expert panellists who debated the best way to resolve cryptocurrency disputes. Ben Giaretta, Chair of the London branch of the Chartered Institute of Arbitrators hosted the evening, opening and closing the event. Chloë Bell (Outer Temple Chambers) and Charlotte Hill (Penningtons Manches Cooper LLP) discussed the benefits of litigation, whilst Stephen Doherty (Outer Temple Chambers) and Jaak Poldma (White & Case) discussed the benefits of arbitration. The branch was honoured to have Lord Mance, former Deputy President of the Supreme Court of the United…

Events, Commercial 20 Apr, 2022

Members excel in Legal 500 EMEA 2022 Commercial Law rankings

Legal 500 have just announced their EMEA results and we are proud to announce that Outer Temple and a number of our members have been ranked for commercial expertise 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 is the first and only set of barristers’ chambers to have a registered office within the Dubai International Financial Centre (Part 1). Tier 2 Set Outer Temple Chambers has been ranked as Tier 2 set in the Middle East: The English Bar: Commercial guide. Testimonials provided to Legal 500 included:…

Commercial, News, International 13 Apr, 2022

Cryptocurrency

Cryptoasset Update – April 2022

There have been a number of recent cases concerning cryptoassets, many of which will have an impact on the legal landscape going forward. Chloë Bell provides an update on cases and developments. The attached article, Cryptoassets Update, provides an update on cryptoasset cases and industry developments in recent months. It also includes an update on member activity in this specialist area of law. Case Updates In this article, the following cases are summarised: Wang v Darby [2021] EWHC 3054 (Comm) 17 November 2021Sally Jayne Danisz v Persons Unknown and others [2022] EWHC 280 (QB) 5 January 2022Mr Dollar Bill v Maxim Vasilvsky, Huobi and others (unreported) 14 January 2022Tulip Trading Limited v Bitcoin Association for BSV and Others [2022] EWHC…

Legal Blog & Publications, Commercial, Commercial, News 8 Apr, 2022

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