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News

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

David Russell QC acts successfully for Godolphin Australia Pty Ltd, owned by HH Ruler of Dubai, in thoroughbred horse breeding dispute

In Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue, David Russell QC acted successfully for the plaintiff, with the Australian court finding that the thoroughbred horse breeding properties were exempt from land tax. Factors included, the uneconomic nature of the racing operations viewed as a stand-alone operation, as important reasoning for finding the dominant use of the land was for the maintenance of animals to sell their bodily produce.  The plaintiff, Godolphin Australia Pty Ltd, is part of the global thoroughbred breeding operation and horseracing team founded by the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum. Represented by David Russell QC, it sought a review under s97(1) of the Taxation Administration Act 1996 (NSW) of an unfavourable…

News 3 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…

News 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…

News 27 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:…

News 13 Apr, 2022

David Holloway is published in ICC Dossiers on multilateral and unilateral sanctions

‘The Case of Multilateral and Unilateral Sanctions.’ David Holloway has co-authored a chapter discussing the interaction between sanctions and international arbitration in the ICC publication ‘Overriding Mandatory Provisions and Arbitrability in International Arbitration’ The sanctions enacted by the European Union (EU), the United States of America (U.S.) and various other States in 2014 against several Russian individuals, as well as the (re-imposed) sanctions regimes put in place against Iran and Iranian nationals have sparked a debate among scholars and practitioners concerning the arbitration of disputes involving parties or transactions targeted by the sanctions. The issues arising from these actions, however, are not completely novel. The impact of sanctions on international arbitration has been studied and discussed for many years, notably…

News 11 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…

News 8 Apr, 2022

Alex Haines and Henry Reid instructed in case before the African Union Administrative Tribunal

Alex Haines and Henry Reid have recently been instructed in a case before the African Union (“AU”) Administrative Tribunal, an international administrative tribunal (similar in nature to both the World Bank Administrative Tribunal and United Nations Dispute Tribunal) which is based in Addis Ababa, Ethiopia. The African Union The AU is a continental union and regional organisation – equivalent to the European Union – consisting of the 55 member states that make up the countries of the African continent. In 2001, the AU was created to replace the Organisation of African Unity (“OAU”) and it was officially launched in 2002. The evolution of this institution was the outcome of a consensus by African leaders that there was a need to refocus…

News 6 Apr, 2022

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