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James Counsell QC and Imogen Egan have completed the ’25 for 25: Pro Bono Challenge’

The charity ‘Advocate’ has congratulated James Counsell QC and Imogen Egan for having recently completed their ’25 for 25: Pro Bono Challenge’. In order to complete this challenge, they both had to conduct 25 hours of pro bono work between June 2021 – June 2022, although James Counsell QC completed an impressive 40 hours. Advocate is a charity that connects volunteer barristers with those who require free legal assistance. This ensures that those who cannot afford legal assistance can still receive justice. Advocate recently ran a challenge called the ’25 for 25: Pro Bono Challenge’. This challenge requires barristers to complete a total of 25 hours of pro bono work between June 2021 – June 2022. We are pleased that…

News 25 May, 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…

News 25 May, 2022

Court of Appeal Rolls Building

Will Young and Courtney Step-Marsden instructed in “Whistleblowing” case to appear in the Court of Appeal re: Kong v Gulf International Bank (UK) Ltd

Will Young and Courtney Step-Marsden are instructed (by Didlaw) on behalf of the Appellant (the Claimant) in an appeal concerning automatic unfair dismissal for “whistleblowing”. This will be held on Thursday 26th May in the Court of Appeal. Will Young and Courtney Step-Marsden are instructed on behalf of the Appellant (the Claimant) in an appeal concerning automatic unfair dismissal for “whistleblowing”. More specifically, the case concerns the extent to which an employer can legitimately dismiss a whistleblowing employee for conduct associated with her protected disclosures without it being found that the disclosures are the reason for dismissal. Ms Kong, Head of Financial Audit for the Respondent international bank, made protected disclosures in the course of her employment. She was subsequently…

News 24 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…

News 23 May, 2022

Nathan Tavares QC speaks at APIL Advanced Brain and Spinal Cord Injury Conference 2022

Nathan Tavares QC was invited to speak at the APIL Advanced Brain and Spinal Cord Injury Conference in Wales in May on two recent notable cases with JPIL colleagues. Nathan Tavares QC, a member of the JPIL Editorial Board as well as a barrister at Outer Temple Chambers, was invited to join his JPIL colleagues on stage at the APIL Advanced Brain and Spinal Cord Injury Conference 2022 for the ‘JPIL Case and Comment’ segment on the final day of the conference. The conference was held at the Celtic Manor Resort in Newport, South Wales on 18th – 20th May and was also available to attend remotely. This annual event updated attendees on the most recent and advanced developments in…

News 20 May, 2022

Elizabeth Grace instructed in inquest into the death of a five year old at The Children’s Trust

Elizabeth Grace acted for the foster family in a case involving the death of a 5 year old boy who was tragically killed after being trapped under a cot bumper whilst in the care of The Children’s Trust, a brain injury rehabilitation facility for children. Prior to his death, Connor Wellsted was undergoing a period of rehabilitation at The Children’s Trust. Even though Connor had suffered a cardiac arrest resulting in a brain injury when he was just five weeks old, he was making remarkable progress under the care of his foster parents, who were his permanent carers from the age of just five months. He was at the centre to improve his level of mobility as a result of…

News 17 May, 2022

Alex Line successful in High Court judicial review challenge to school exclusion decision

In A Parent v Governing Body of XYZ School, Alex Line successfully represented the Defendant in a judicial review challenging a school exclusion decision, which has been dismissed by the High Court. The case concerned A Pupil, who had been permanently excluded from a maintained school for sending obscene images of a sexual nature to a younger female pupil from his mobile phone. This was against a background whereby the female pupil had made disclosures alleging serious sexual misconduct towards her by a number of pupils, including A Pupil, which had been referred to the police for investigation. The Head Teacher’s decision to exclude had initially been upheld by the school’s governing body. A Pupil’s parent then exercised her right…

News 16 May, 2022

Robert Rhodes QC to give talk at the 10th International Conference on Maritime Law

Robert Rhodes QC will be speaking at the 10th International Conference on Maritime Law which will take place on the 20th-21st of May. The 10th International Conference on Maritime Law which will take place on the 20th-21st of May 2022, is a conference ran by the China Maritime Law Association. One of Outer Temple Chambers’ highly experienced barristers, Robert Rhodes QC, has been invited to speak at the convention along with several other distinguished speakers. He will be speaking about the Singapore Convention in Mediation. Please see the full programme attached. Find out more Robert Rhodes QC acts as counsel, arbitrator and mediator, specialising in international arbitration, commercial, financial services, regulatory and disciplinary law, civil fraud and business crime (including civil and criminal fraud, asset forfeiture, tax…

News 16 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…

News 12 May, 2022

Fiona Horlick QC secures acquittal in manslaughter case against her anaesthetist client

Fiona Horlick QC represented one of one consultant anaesthetists accused of gross negligence manslaughter following the death of a patient after an operation at Nobles Hospital on the Isle of Man. The case was dismissed. Fiona’s client, Dr Katherine Teare, had responded to an emergency alarm and assisted trying to revive a patient after he suffered a cardiac arrest in theatre. The prosecution case was that another anaesthetist, who had been the anaesthetist for the operation, had tried to wake the patient up after the operation, had removed the endotracheal tube and then had to reinsert it when the patient was struggling to breath and in doing so allegedly wrongly placed it in the oesophagus instead of the trachea depriving the patient…

News 10 May, 2022

James Leonard, leading Oliver Powell, secure halftime acquittals in gross negligence manslaughter case 

James Leonard and Oliver Powell, instructed by Chris Baranowski of DAC Beachcroft, appeared on behalf of Mr Gary Robinson, the former director of Complete Demolition Ltd, at the Central Criminal Crown Court. Mr Robinson was indicted on two counts: (1) gross negligence manslaughter; and (2) section 37 of the Health & Safety at Work etc. Act 1974 (‘HSWA 1974’). Background: On 23 August 2018 Robert Stoian went to work as a labourer for Complete Demolition Ltd (‘the Company’). The Company been contracted to remove the internal fittings on the fifth floor of the Global Switch Building in Docklands, East London. This included; the studded partition walls, the suspended ceiling and raised floor.  Embedded in one of the partition walls was a glazed unit which was 5.1m wide,…

News 9 May, 2022

Alex Haines and Jeremy Scott-Joynt instructed in International Monetary Fund Administrative Tribunal

Alex Haines and Jeremy Scott-Joynt are instructed in a case involving the criteria for reclassification from Economist to Financial Sector Expert for an international civil servant before the International Monetary Fund Administrative Tribunal (IMFAT) in Washington DC. The case deals not only with the personal consequences of the IMF’s decision for the Applicant, but also with the novel issue of whether a regulatory gap – in this case the lack of formal criteria (being in fact unpublished, undisclosed and rarely applied) – is within the IMFAT’s jurisdiction. The International Monetary Fund (IMF), having been conceived in July 1944 at the Bretton Woods Conference in New Hampshire, formally came into existence on 27th December 1945 when its first 29 member countries signed its…

News 6 May, 2022

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