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News

Court of Appeal hands down judgment in controversial Denton appeal in which James Counsell KC and Olinga Tahzib appeared

Court of Appeal hands down judgment in controversial Denton appeal in which James Counsell KC and Olinga Tahzib appeared

The Court of Appeal has handed down judgment in an important appeal in the case of FXF v (1) English Karate Federation Ltd, (2) David Jonathan Donovan, in which James Counsell KC and Olinga Tahzib act for the Claimant James and Olinga act for a Claimant (referred to as ‘FXF’ to protect her anonymity) – a highly successful karate athlete – who brings a claim for personal injury arising out of sexual abuse by her karate coach between 2008 and 2014. The Claimant claims that the two Defendants are vicariously liable for the abuse she suffered and directly liable for failing to discharge their own duty of care towards her. On 13 July 2023, James and Olinga appeared for the…

News 26 Jul, 2023

The Court of Appeal has published its judgment in (1) Lawrence Ewan McGaughey (2) Neil Martin Davies (Claimants/Appellants) -v- Universities Superannuation Scheme Ltd (First Defendant/First Respondent), the landmark company multiple derivative case which raised the question of directors’ duties in relation to divestment in fossil fuels for the first time.

Milestone Court of Appeal judgment published in McGaughey & Davies v USSL

The Court of Appeal has published its judgment in (1) Lawrence Ewan McGaughey (2) Neil Martin Davies (Claimants/Appellants) -v- Universities Superannuation Scheme Ltd (First Defendant/First Respondent), the landmark company multiple derivative case which raised the question of directors’ duties in relation to divestment in fossil fuels for the first time. In a significant judgment (found here) handed down on Friday 21 July 2023 Asplin LJ, with whom the Rt Hon. Sir Julian Flaux, Chancellor of the High Court, and Snowden LJ agreed, dismissed the appeal on all grounds. Two members of a pension scheme had sought permission to bring a claim against the current and former directors of one of the UK’s largest pension schemes by assets in the form…

News 25 Jul, 2023

Fiona Horlick KC appointed to BHA’s independent Judicial Panel

Fiona Horlick KC appointed to BHA’s Judicial Panel

Outer Temple’s Fiona Horlick KC appointed to British HorseRacing Authority’s independent Judicial Panel for the 2023-2026 term. The Judicial Panel is established by the BHA as the pool of individuals from which the Disciplinary Panel, Appeal Board and Licensing Committee are drawn by the Judicial Panel Chair. Fiona Horlick KC was appointed to the Legal Chairs in the Panel amongst other members. She was brought up around horseracing as her grandfather was closely involved in horseracing both in Ireland and the UK as an amateur rider, manager and handicapper. Following a review of the Judicial Panel’s processes, a number of changes to the Panel’s framework and composition were agreed, to ensure it can continue to deliver in the best interests…

News 20 Jul, 2023

High Court approves settlement of £23 million in birth injury claim

High Court approves settlement of £23 million in birth injury claim

Jonathan Hand KC, instructed by Matthew Heap of CL Medilaw, represented the Claimant who suffered severe brain damage at the time of his birth. In this case liability had already been admitted because of failings in the clinical care during his mother’s labour, leaving the amount of compensation to be decided by the Court. The parties agreed a settlement with a capital value of about £23 million which was approved in the High Court on 11 July. The settlement was structured to allow the Claimant to receive periodical payments for care and case management for his lifetime. Payments of £112,500 pa were ordered up to age 19, with the annual amount increasing to £235,000 pa thereafter for the remainder of…

News 18 Jul, 2023

Monique Bouffé’s article ‘Just or Unjust? Late acceptance of an early part 36 Offer’ published in the Partners in Costs Magazine

Outer Temples Monique Bouffé wrote an article on the late acceptance of a Part 36 offer and how this impacted the case of MRA v The Education Fellowship Limited (2022). Monique worked alongside James Counsell KC, also of Outer Temple, on this case for the claimant. The magazine was distributed at the AvMA Annual Clinical Negligence Conference in March 2023, proudly sponsored by Outer Temple Chambers. The event, attended by clinical negligence specialists, provided an update on all the key issues, developments and policies in the clinical negligence and medical law. Monique’s article looks at perhaps the most interesting costs decision of 2022 in the case of MRA v The Education Fellowship Limited (2022), concerning late acceptance of a part…

News 17 Jul, 2023

Henry Reid instructed in Payward Inc & Ors v Maxim Chechetkin [2023] EWHC 1780 (Comm)

Henry Reid instructed in Payward Inc & Ors v Maxim Chechetkin [2023] EWHC 1780 (Comm)

Henry Reid in conjunction with Chloe Bell of 3 Verulam Buildings successfully resists the enforcement of an arbitral award in the English Commercial Court on grounds of public policy Henry Reid of Outer Temple Chambers acted in conjunction with Chloe Bell of 3 Verulam Buildings for Mr Maxim Chechetkin against US and UK entities associated with the prominent cryptocurrency exchange ‘Kraken’. The claim was brought under s.26 FSMA 2000 in respect of the sale of certain products in breach of the general prohibition created under FSMA 2000. Henry, together with Chloe, acted at all stages of the claim successfully opposing the Defendants’ challenge of the High Court’s jurisdiction [2022] EWHC 3057 (Ch) and other injunctive applications. Mr Chechetkin then opposed…

News 14 Jul, 2023

Outer Temple Chambers shortlisted across 9 areas at The Legal 500 Bar Awards

We are proud to announce that Outer Temple Chambers has been shortlisted across 9 areas, including ‘set of the year’ for chancery, employment, sport, technology, data & crypto at The Legal 500 Bar Awards. The Bar Awards, presented by The Legal 500, celebrates the finest barristers, chambers, and legal expertise, bringing together some of the brightest minds in the industry. The awards evening will take place on Tuesday 3rd October 2023, at the London Hilton on Park Lane. We are delighted to share that we have been shortlisted for the following Set Awards: Chancery set of the year – Outer Temple Chambers Employment set of the year – Outer Temple Chambers Sports set of the year – Outer Temple Chambers Technology,…

News 13 Jul, 2023

Oliver Powell and Alex Haines instructed in 10-day ICSID investor-state arbitration

Oliver Powell and Alex Haines – instructed by arbitration specialists David Pusztai and Veronika Korom, adjunct professor and professor respectively – appeared in a 10-day International Centre for Settlement of Investment Disputes (ICSID) arbitration for the Shareholder Claimants in PNB Banka and others v. Republic of Latvia (ICSID Case No. ARB/17/47) pursuant to the Bilateral Investment Treaty between Latvia and the UK. The legal team was assisted by Kalman Varga, junior associate. The merits hearing took place between Monday 26 June and 7 July 2023 at the International Dispute Resolution Centre (IDRC) in London. The arbitration involved allegations of corruption at the heart of the Latvian banking system. During the two-week hearing, Oliver and Alex conducted cross-examinations of a number…

News 13 Jul, 2023

James Counsell KC and Olinga Tahzib to appear tomorrow in Court of Appeal in controversial Denton issue

James Counsell KC and Olinga Tahzib will appear in the Court of Appeal tomorrow (13 July 2023) in the case of FXF v (1) English Karate Federation Ltd, (2) David Jonathan Donovan James and Olinga act for the Claimant (referred to as ‘FXF’ to protect her anonymity) – a highly successful karate athlete – who brings a claim for personal injury arising out of sexual abuse by her karate coach between 2008 and 2014. The Claimant claims that the two Defendants are vicarious liable for the abuse she suffered and directly liable for failing to discharge their own duty of care towards her. The hearing before the Court of Appeal has arisen as a result of an important procedural issue:…

News 12 Jul, 2023

Alex Haines and Carin Hunt successful against World Bank Group

Alex Haines and Carin Hunt are to proceed to a substantive hearing of the merits of their client’s indirect sex discrimination claim against her employer, the International Bank for Reconstruction and Development (IBRD) of the World Bank Group.  This will be the first claim of its kind to be heard by the World Bank Administrative Tribunal (“the WBAT”) – an International Administrative Tribunal similar in nature to the United Nations Appeals Tribunal and the International Monetary Fund Administrative Tribunal – which sits in Washington DC. The WBAT has yet to consider whether indirect discrimination is prohibited pursuant to the internal policies of this large international financial institution whose employees must seek recourse within the IBRD’s internal justice system as opposed…

News 11 Jul, 2023

Anthony Lo Surdo SC ranked in Doyles Guide as a Leading Mediator for the sixth consecutive year

Anthony Lo Surdo SC ranked in Doyles Guide as a Leading Mediator for the sixth consecutive year

Outer Temple Chambers congratulates Anthony Lo Surdo SC for being ranked in the Doyles Guide as a Leading Mediator in New South Wales for the sixth consecutive year. Outer Temple Chambers congratulates Anthony Lo Surdo SC for being recognised by clients and peers for his expertise across a range of mediation disciplines including general Commercial Litigation, Insolvency, Employment, Insurance and Estates Litigation in the 2023 Doyles Guide to Leading Mediators in New South Wales. The fact that he has been ranked each year since 2018 is testament to not only his expertise but also the high regard with which he is held in the Dispute Resolution community. Doyles Guide Doyles Guide is an awards recognition program for law firms and lawyers…

News 27 Jun, 2023

Louis Weston acted for the Irish Horseracing Regulatory Board in opposing the appeal of Ronan McNally

Louis Weston acted for the Irish Horseracing Regulatory Board in opposing the appeal of Ronan McNally

Louis Weston, who leads the OTC Sports Law Group, acted for the Irish Horseracing Regulatory Board in opposing the appeal of Ronan McNally against being found in breach and the length of his 12-year suspension, the longest in Irish racing. Louis Weston, who leads the Sports Law Group, acted for the Irish Horseracing Regulatory Board with Caoimhe Daly, BL, in opposing the appeal of Ronan McNally against being found in breach and the length of his 12 year suspension, the longest in Irish racing.  The IHRB’s Appeal Body has dismissed the appeal against breach and suspended the last 4 years of the suspension to give Mr McNally ‘opportunity and motivation to mend his ways’, and awarded the IHRB its costs.…

News 23 Jun, 2023

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