News & Events

News

James Counsell QC and Stephen Doherty successful before DIFC Court of Appeal in Lakhan v Lamia [2021] CA 001

James Counsell QC and Stephen Doherty, instructed by Leonora Riesenburg at INTADR, have been successful before the DIFC Court of Appeal in its recent judgment in Lakhan v Lamia [2021] CA 001.   The DIFC Court of Appeal has dealt a blow to recalcitrant parties seeking to invoke the jurisdiction of the Joint Judicial Committee (“JJC”) in an attempt to obstruct proceedings before the DIFC Courts. In Lakhan, the Court of Appeal has revised its historical practice of automatically staying proceedings upon petitions being made to the JJC, by confirming that, in order for any stay to take effect, there must first be a positively determined “conflict of jurisdiction”, and the mere existence of two sets of proceedings before the DIFC Courts and the onshore…

Commercial, News, International 15 Jul, 2021

James Counsell QC and Ben Bradley compel Chelsea FC to clarify its Defence in Racial Abuse Proceedings

In a recent High Court application before Stacey J, James Counsell QC (leading Ben Bradley) obtained a Court Order compelling Chelsea FC to clarify its Defence in abuse proceedings. Four Claimants aver that they were subjected to abhorrent racial abuse by two Chelsea FC team coaches, whilst playing for the club’s youth teams, and that such abuse is actionable as a matter of law. In the proceedings initially, Chelsea FC simply put the Claimants to proof that the abuse took place. They subsequently served evidence from the 2 football coaches involved, which (1) denied that much of the abuse took place; but (2) where abuse did take place, they averred that it was acceptable by the standards of the day. Neither of these…

News, Personal Injury 14 Jul, 2021

Alex Cisneros presents a MBL seminar about security bonds for Court of Protection deputies

On Friday 16th July, Alex Cisneros will present a seminar about security bonds for Court of Protection deputies during an MBL webinar to an audience of solicitors and other barristers. The webinar will explore the need for, and purpose of, deputyship security bonds, detailing how to amend a security bond once a deputy is already appointed; and the steps necessary to call in a security bond. MBL describes itself as the leading force in learning & development for professional service firms. To find out more about this MBL seminar or to access this session in full, please click here or email MBL Seminars. About the speaker Alex Cisneros is a specialist public law and private client barrister. He has experience handling significant contentious and non-contentious matters…

News, Webinars & Vlogs 13 Jul, 2021

James Counsell QC and Ben Bradley secure first victory in Manchester City FC Child Abuse Litigation

James Counsell QC and Ben Bradley have successfully appeared on behalf of the Claimants in the high profile case of TVZ and Ors v Manchester City FC, which was widely reported, particularly on the back sports pages of the national press. James and Ben currently represent eight Claimants, all of whom were abused by Barry Bennell. It is alleged that Bennell ran a number of youth ‘feeder teams’, which were connected to Manchester City FC and set up to feed young players into its schoolboy teams, once they reached the age of 14. The Defendant instructed solicitors and Leading Counsel to conduct an Inquiry into Bennell’s connections with the club (“the Inquiry”) and had set up a compensation scheme (known…

News, Personal Injury 8 Jul, 2021

A holistic overview of Qatar Financial Centre Trust Law

David Russell QC has been recently published in the Qatar Business Law Review. In his article, David provides a holistic overview of the nature, functionality, and practical administration of trusts in Qatar and highlights analogues that may be found with the Common Law of trusts and principles in England and Wales. David begins the article by noting that the law of trusts is codified in the Qatar Financial Centre (QFC) Trust Regulation No. 12/2007. These QFC foundations David notes have a comparable outcome in private international law terms, and unlike in neighbouring Abu Dhabi, should be regarded as providing general application. As a starting point, Article 78 of the amended regulations defines a trust as “a right, enforceable solely in equity, to the beneficial…

News, International 7 Jul, 2021

Anthony Lo Surdo SC named a leading mediator in NSW by Doyles Guide 2021

We are pleased to announce that Anthony Lo Surdo SC has been named in Doyles Guide to the Legal Profession as a leading mediator in NSW, 2021. Anthony has been recognised for his expertise using online peer-review based surveys as well as extensive telephone and face to face interviews with clients, peers and relevant industry bodies. This category was introduced in 2017 and Anthony has been ranked every year since. Doyles Guide Doyles Guide is an awards recognition program for law firms and lawyers across Australia. Awards are attributed as “Australia wide” or for specific states and are also awarded relative to practice area or speciality. Doyles Guide rank their leading mediators across a range of mediation disciplines including general commercial…

Commercial, News, International 7 Jul, 2021

Helen Pugh and Justina Stewart present ‘Distribution & Dividends’ to MBL Seminars

Helen Pugh and Justina Stewart were pleased to speak to a range of solicitors, insolvency practitioners and accountants about shareholders’ and directors’ liability in relation to unlawful distributions during an MBL Learn Live webinar recently. MBL Learn Live offer live broadcast sessions in the same way as face to face seminars with the ability to engage with the speaker and other delegates through interactive features including polls, chat-box and breakout exercises. Sessions are also recorded for delegates to revisit. Distributions & Dividends Given the widely reported misuse of Covid loan schemes and the economic climate, investigation of and proceedings relating to the distribution of company assets is likely to increase. Therefore, the talk was particularly timely. Helen and Justina provided a toolkit for…

Events, News 6 Jul, 2021

James Counsell QC to speak at APIL’s 2021 Abuse Conference

Outer Temple is pleased to announce that James Counsell QC will be speaking at the APIL Abuse Conference 2021 on 15th July. James will be speaking on the topic ‘Consent – the legal perspective’. The conference will take place on Thursday, 15th July. For the second year running, it will take place entirely virtually with delegates able to view the sessions, via Zoom, on APIL’s dedicated conference app. Recordings of the sessions will also be available to view, on-demand, for six months after the live event. James Counsell’s talk The conference will consider broadly a panoply of topics related to abuse. James‘ segment will be at 10.15am on the topic of ‘Consent – the legal perspective’. This will be one of eight talks, with the…

Events, News, Personal Injury 2 Jul, 2021

Lipton v BA City Flyer Ltd: “extraordinary circumstances” and a guide to applying retained EU law

Imogen Egan looks back at the recent Court of Appeal decision in Lipton & Anor v BA City Flyer Ltd, considering the interrelation of “extraordinary circumstances” and Regulation (EC) 261/2004. She also considers the approach to be adopted following Brexit. In this case, the Claimants were booked on a flight, operated by the Defendant airline, due to depart Milan to London City Airport at 17:05 (local time). However, the captain reported feeling unwell at 16:05 (local time), when he was off duty and not at his place of work. He was determined unfit to fly. Under Regulation (EC) 261/2004 (“the Regulation”), the Claimants sought compensation for a flight which was cancelled because the captain became ill, whilst off duty. The Defendants…

Legal Blog & Publications, News, Personal Injury, Travel 2 Jul, 2021

Barton Checks In With… Matt Gatenby

In this edition, Paul Barton checks in for a virtual coffee with Matt Gatenby, Senior Partner & Head of Litigation at Travlaw, to find out a bit more about how he got into travel law and why he enjoys it so much. How did you become involved with travel law? Largely by accident! Having completed a Geography degree I initially took a customer services role at what was then Thomas Cook’s burgeoning tour operating business dealing with complaints and claims. One thing lead to another in the sense that I progressed within the business to the point where a spot in their in-house legal team was the next obvious step, and at that point I was part of the travel law business!…

News, Travel 2 Jul, 2021

Ask a Silk: Claims where English law applies but the claimant is domiciled abroad

In this latest ‘Ask a Silk’ vlog, Carin Hunt asks Eliot Woolf QC about personal injury and clinical negligence claims in England and Wales where English law applies but the claimant is domiciled abroad. What needs to be considered? Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk and junior member of chambers about a particular area of the silk’s expertise. In this short interview, Carin Hunt talks to Eliot Woolf QC, an well respected silk specialising in personal injury and clinical negligence, including claims with an international element. Carin wanted to discuss international claims with Eliot and in particular, claims where the case is being heard in England and…

News, Webinars & Vlogs, Travel Vlogs, Travel 2 Jul, 2021

Outer Temple’s International Law Team Instructed in Cases at the Organization of American States

Alex Haines and Victoria Brown have been instructed in two cases currently going through the internal justice system of the Organization of American States in Washington DC. The First International Conference of American States held in Washington DC between October 1889 and April 1890 approved the establishment of the International Union of American Republics that was subsequently reconstituted as the Organization of American States (OAS) in 1948 when the Charter of the OAS was signed in Bogotá, Colombia. The OAS brings together all 35 member states of the Americas and constitutes the main political, juridical, and social governmental forum in the hemisphere. In addition, it has granted permanent observer status to 69 states, as well as to the EU. As with most international organisations, the…

News, International 1 Jul, 2021

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