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News

Court of Appeal hands down important guidance on anonymity in variation of trust applications

The Court of Appeal has recently handed down important guidance on anonymity in applications under the Variation of Trusts Act 1958 in the case of MN v OP & Ors [2019] EWCA Civ 679, in which Claire van Overdijk was appointed by the Attorney General as advocate to the court. The Court held that the default position is that set out in V v T [2014] EWHC 3432 (Ch) and there should not be a departure from the court’s general approach to the issue of anonymity for applications under the 1958 Act. While the court’s jurisdiction, under the 1958 Act, like that in approval hearings, was a protective and enabling jurisdiction, that position should not be overstated as the instant…

News 3 May, 2019

Gerard McDermott QC speaks on Litigation Funding at ABA Conference in New York

Gerard McDermott QC flies to New York this week to moderate a seminar on ‘A Global View of Litigation Funding’, as part of the ABA Litigation Section Annual Meeting. Also taking part will be Alan Guy, Managing Director of Vannin Capital in New York, Hon Shira Scheindlin, a retired Federal Judge, Noiana Marigo from Freshfields, Bruckhaus Deringer in New York and Ben Quarmby, from Boutique Litigation Firm Molo Lamken. The panel will explore the increasing use and availability of litigation funding worldwide in dispute resolution of all kinds – with views from the bench, bar, and litigation finance community on the economic, legal and ethical issues raised by third-party funding, in both domestic and international disputes. Gerard has been involved with…

News 29 Apr, 2019

Louis Weston successful in RFU Disciplinary Panel suspension case

Louis Weston has acted for the Rugby Football Union (RFU) in resisting an appeal by the player Bryce Heem. Louis, who recently joined Outer Temple, acted for the RFU in successfully resisting Bryce Heem’s appeal against a four-week suspension, imposed by an RFU Disciplinary Panel following his citing for a tip a tackle. Read more about the interim decision here with further press coverage available here. To instruct Louis or find out more about his practice, please contact Graham Woods, Business Development Manager.

News 25 Apr, 2019

Everybody, freeze!

Oliver Powell and Alexandra Sidossis have joined with Neill Blundell and Max Hobbs of Macfarlanes to examine how the use of Account Freezing Orders (AFOs) is developing and, in particular, to examine how the first few applications for AFOs have been received by the English courts. Click here to read the latest article ‘Everybody, freeze! Account freezing orders under the Proceeds of Crime Act’. Background Oliver Powell, together with Michael Bowes QC, was consulted on the Criminal Finances Bill, by Transparency International during the Bill’s passage through the two Houses. Their analysis and commentary on the Bill was used by MPs in preparing for debates in the House of Commons. Oliver’s experience in this area means that he can speak…

News 25 Apr, 2019

Ben Bradley speaks at the PEOPIL Young Lawyers Group Conference

Ben Bradley spoke at the recent Pan European Organisation of Personal Injury Lawyers (PEOPIL) Young Lawyers Conference in Manchester, on 29 March 2019. Ben contributed to a lively panel discussion with young lawyers from across Europe, focusing on the interrelationship between criminal proceedings and personal injury law. Outer Temple has close ties with Clifford Law Offices of Chicago, Illinois, with members of Chambers joined at the Conference by US attorney, Jack J. Casciato. Jack presented on aviation claims brought under the Montreal Convention. The Conference, held at the Manchester offices of Irwin Mitchell, was also attended by Outer Temple International Illness and Travel law team members Ian Denham, Dan Clarke, Tom Gibson and Olinga Tahzib together with Business Development Director, Paul…

News 15 Apr, 2019

Alex Haines instructed in case before United Nations Appeals Tribunal

Alex Haines, assisted by Stephen Butler, has recently been instructed in an appeal before the United Nations Appeals Tribunal (UNAT). The UNAT is the second and final instance of appeal within the UN internal system of justice.  The UNAT was established by the General Assembly in 2009 as part of the new UN internal justice system (replacing the old United Nations Administrative Tribunal). As the second level appellate review tribunal within the UN’s justice system, the UNAT reviews (1) appeals against judgments rendered by the UN Dispute Tribunal (UNDT), (2) appeals against judgments rendered by the Dispute Tribunal of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWADT), as well as (3) appeals of decisions…

News 15 Apr, 2019

International Dispute Resolution Conference 2019

Robert Rhodes QC is due to speak at the International Dispute Resolution Conference 2019 in Hong Kong, on 17th April 2019. The Hon Mrs Carrie Lam, Chief Executive of the Hong Kong Special Administrative Region, will open the event. Robert is the only English silk speaking at the Conference, which is expected to have 850 people attending. His session focuses on Investor Rights under Bilateral Investment Treaties. Jointly organised by the United Nations Commission on International Trade Law, Hong Kong Mediation Centre and the International Dispute Resolution & Risk Management Institute in collaboration with the Department of Justice, the one day Conference aims to encourage discussion on emerging trends in dispute resolution and examine the impact of the “Convention on…

News 10 Apr, 2019

High Court rules on the Personal Liability of a Director and Company Secretary

Andrew Allen recently appeared in the High Court, leading Mark Greaves, on behalf of the First, Second and Third Defendants in Antuzis & Others v DJ Houghton Catching Services Ltd & Others [2019] EWHC 843 (QB), in proceedings concerning an application for summary judgment and trial of a preliminary issue. Judgment for the Claimants was handed down on 8 April 2019, when the Defendants were represented by Carin Hunt of Outer Temple Chambers. Summary Judgment: Breaches of Contract The Claimants were Lithuanian nationals who had been employed by the First Defendant, a registered company, to catch chickens at various farms in order that they could be transported for slaughter. They alleged that they were paid below the minimum wage; that…

News 8 Apr, 2019

John McKendrick QC speaks at Commonwealth Lawyers conference

John McKendrick QC is speaking at one of the largest gatherings of lawyers from the Commonwealth, organised by the Commonwealth Lawyers’ Association. The 21st Commonwealth Law Conference 2019 is taking place for the first time in Livingstone, Zambia during the week of 8 April, with the theme of “The Rule of Law in Retreat? Challenges for the Modern Commonwealth”. John will speak at two sessions: ‘Developments in Appellate Advocacy’ and ‘Regulation of Competition law’. Other speakers at the event include the Lord Chief Justice, the Lord Justice Clerk and the Secretary General of the Commonwealth. The conference will be opened by the President of Zambia on Tuesday 9 April. John is qualified in four Commonwealth jurisdictions and, as a former…

News 8 Apr, 2019

Outer Temple Chambers welcomes four new barristers

We are delighted to announce the successful recruitment of four new barristers to our ranks. As of Monday, 8th April 2019 we extend a warm welcome to: Louis Weston Louis Weston, top-ranked sports law specialist and regulatory law barrister joins us from 3 Paper Buildings as a full Member of Chambers. Louis was the recipient of the 2017 International Advisory Experts Award: Sports Law Lawyer of the Year in England and has a thriving Sports Law practice. He prosecutes before the British Horseracing Authority, the Greyhound Board of Great Britain, the Turf Club, the World Professional Snooker and Billiards Association and before other arbitral bodies. He acts before both courts and regulators in disputes arising from sports contracts and doping…

News 5 Apr, 2019

Bass v Ministry of Defence: Q Fever trial successfully defended

Ben Collins QC and Robert Dickason have successfully defended the Ministry of Defence in the first contested trial in the Q Fever litigation, which was widely reported in January 2019. Private Wayne Bass contracted Q Fever, leading to Q Fever Chronic Fatigue Syndrome, during his deployment to Helmand Province in Afghanistan in 2012. He was medically discharged from the Army and brought a claim for damages against the MOD on the basis that it ought to have provided him with an alternative form of antimalarial which would have protected him against both malaria and Q Fever. He also asserted that the Management of Health and Safety in the Workplace Regulations 1999 applied during his deployment in Afghanistan because decisions relating…

News 27 Mar, 2019

Safeway Ltd v Newton: Advocate General delivers Opinion in equalisation case

Today, Advocate General Tanchev handed down his Opinion at the Court of Justice of the European Union, Luxembourg, in Case C-171/18 Safeway Ltd v (1) Andrew Richard Newton and (2) Safeway Pension Trustees Ltd (a preliminary reference from the Court of Appeal). The case concerns the methods by which men and women’s pension ages can be equalised under a pension scheme. The scheme contained a power of amendment that permitted retrospective adverse amendments to rights. The material events occurred prior to the coming into force of section 67 of the Pensions Act 1995. The reference asks whether EU law permits equalisation to be achieved during the Barber  window by retrospectively reducing the rights of the advantaged class where those rights were…

News 27 Mar, 2019

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