News & Events
News & Events
Oliver Powell was invited by SanctionsAlert.com to speak on UK sanctions post Brexit. The webinar, entitled EU and UK Sanctions Update – Compliance Implications for Corporations in Europe and Beyond, was attended by corporates undertaking international business and law firms with an international footprint. Other speakers at the webinar included: Nadiya Nychay, Partner at Dentons, and Jan J.H. Verlopp, Trade Control Officer at Shell International (retired). Amongst other things, the webinar dealt with: restrictions on doing business in Iran and Russia: EU perspective; impact of Brexit on the future application of UK sanctions; and a view on sanctions from the coal face. Oliver Powell is ranked in Chambers & Partners (UK) and The Legal 500. He is a contributor to Millington…
News 18 Apr, 2018
In a recent Health & Safety case heard by the Court of Appeal, Criminal Division, the Court accepted submissions that the Judge had wrongly characterised the culpability of ATE Truck & Trailer Sales Ltd as ‘high’, and reduced it to ‘low’. The Court of Appeal also reduced a finding of High Likelihood of harm to Medium leading to a reduction in fine from £475,000 to £200,000. Some useful and informative remarks were presented on the approach to be taken when the Prosecution and Defence reach agreement about issues relevant to a sentencing Guideline. James Leonard represented ATE Truck and Trailer Sales Ltd and was instructed by Sean Elson and Louise Mansfield of Pinsent Masons, Birmingham. am. The full judgment can…
News 13 Apr, 2018
Legal 500 published its rankings for the United Arab Emirates on 11 April 2018. For the first time, the publication included a ranking of English sets and barristers in the region. The rankings noted that ‘Outer Temple Chambers has offices in both Dubai and Abu Dhabi. Farhaz Khan represented a company director in Afkar Capital v Fikry, a corporate governance dispute and the first case heard by the Abu Dhabi Global Market court.’ Farhaz Khan is ranked (tier 1) as a leading junior for commercial work, noting that ‘He handles pioneering Abu Dhabi Global Markets matters’. Outer Temple barristers regularly appear in the DIFC Courts. Farhaz recently acted for Standard Chartered Bank in a contractual dispute in which the defendant bank…
News 13 Apr, 2018
David Russell QC was one of a select number of speakers invited to speak recently at the Forum of International Awqaf Practices, to an audience of businessmen and businesswomen in Saudi Arabia. David’s update on ‘Trust and Foundations: Their use and family governance consequences’ highlighted the importance of setting up trusts to ensure effective estate planning while protecting the interests of the beneficiaries from a governance perspective. Held under the patronage of HRH Prince Saud bin Nayef bin Abdul Aziz, Prince of the Eastern Province, and organised by the Awqaf Committee at Asharqia Chamber of Commerce, the forum was created to: raise awareness of the positive impact of Awqaf on various social fields; foster and help businessmen and women and…
News 12 Apr, 2018
On 28 March 2018, the Court of Appeal handed down its judgment in Viavi v Shannan & Others, Re: the Wandel & Goltermann Retirement Benefits Scheme (“the Scheme”) [2018] EWCA Civ 681. The case concerned the validity of the substitution of a new principal employer for the Scheme in 1999/2000 and consequent questions as to whether subsequent deeds were validly executed by the correct employer company. The Court of Appeal dismissed the appeal from the order of Mr Timothy Fancourt QC (as he then was) in [2016] EWHC 1530 (Ch); [2016] Pens. L.R. 193, finding in favour of Mr Froude, the representative beneficiary. Nicolas Stallworthy QC & Simon Oakes of Outer Temple Chambers acted for Mr Froude, successfully defending the…
News 9 Apr, 2018
Outer Temple Chambers is pleased to announce that, as of today, Tim Nesbitt QC and Andrew Allen are appointed as Recorders. Tim Nesbitt QC has over 20 years’ experience acting as an advocate and adviser in a number of areas of commercial, regulatory and public law. Tim is now a Criminal Recorder for the Western Circuit. Andrew Allen appears in employment, discrimination and other civil matters in the ET, EAT, County Court, High Court and Court of Appeal as well as in internal and professional disciplinary and regulatory disputes. Andrew has been appointed a Recorder for the North Eastern Circuit.
News 22 Mar, 2018
Tom Gibson appeared recently in two successful ‘secondary victim’ psychiatric injury claims brought by the bereaved parents of patients who died in hospital. In the first case, a newborn died shortly after birth, following unsuccessful resuscitation attempts in the operating theatre, after the mother’s labour had been managed negligently. The baby’s father brought a secondary victim psychiatric injury claim. He claimed that he had suffered a depressive adjustment disorder as a result of witnessing his baby’s resuscitation attempts and death. The defendant hospital trust denied, in its defence, that the claimant father was entitled to recover damages for psychiatric injury as a ‘secondary victim’. However the claim was settled successfully, in autumn 2017, after case management directions had been set towards…
News 21 Mar, 2018
Cara Guthrie, together with Anneliese Day QC, successfully defended a barrister alleged to have negligently under-settled a personal injury claim in the Court of Appeal. The Court of Appeal declined to interfere with the decision of Elisabeth Laing J. who had exonerated the barrister at first instance. In a judgment which yet again stresses the constraints of the Court of Appeal in proceedings like these, Sir Brian Leveson P. said in relation to the barrister’s assessment of the liability risk: “[56] …In my judgment, to interfere with her conclusion that Mr Crossley was entitled to fear that the case no longer had a 50% prospect of success and could fail in its entirety runs contrary to what is the clear…
News 16 Mar, 2018
Unexplained Wealth Orders (‘UWOs’) and the supporting Interim Freezing Orders (‘IFOs’) are now in force, and enforcement authorities are not wasting any time utilising the latest tool in their investigative armoury. On 28 February 2018, the National Crime Agency (‘NCA’) announced that it had already been granted two UWOs to investigate properties totalling £22 million – believed to be owned by a Politically Exposed Person (‘PEP’). Additionally, IFOs were also granted by the High Court, meaning that the assets cannot be sold, transferred or dissipated while subject to the order. A UWO requires a person who is reasonably suspected of involvement in, or of being connected to a person involved in, serious crime to explain the nature and extent of…
News 7 Mar, 2018
Deputy Chief Justice David Steel handed down the judgment of the DIFC Court in Papadopoulos v Standard Chartered Bank [CFI/004/2017] granting the Defendant Bank’s application for immediate judgment. The Claimant had sued the Bank for breach of a settlement agreement arising out of the compromise of his employment as Regional CEO of the Bank. The Claimant then sought damages for a failure to pay a bonus, it being an express term of the settlement agreement that the Bank would consider making an award. The Bank decided not to award a bonus due to the Claimant’s conduct in the relevant period. The Bank brought an immediate judgment application of the Claim, on the basis that, as a matter of construction of…
News 27 Feb, 2018
Teresa Rosen Peacocke successfully applied to the Queens Bench Division to set aside an Order under the Evidence (Proceedings in Other Jurisdictions) Act 1975. This was made against two UK pharmaceutical companies and their directors for disclosure of documents and submission to a US style deposition in aid of a California action by the pharmaceutical giant Allergan, maker of Botox, against a website known as Amazon Medica. Please read the full judgment here. Teresa practises in London and from Chambers’ New York office as both an English Barrister and a New York attorney. She specialises in chancery, commercial and US / UK cross-border litigation, professional negligence, private international law and international and domestic arbitration and mediation. Should you require further information…
News 21 Feb, 2018
Farhaz Khan has been listed by Chambers Global 2018 as a leading barrister for Dispute Resolution: Commercial Chancery. Chambers Global states that Farhaz is “[a] junior with a growing commercial chancery practice. Sources highlight his technical ability and hard work”, and that he is “[r]eally developing a practice as a technically thorough lawyer. He’s incredibly hard-working, thoughtful and determined to make a success of his career.” Farhaz was first listed by Chambers Global in 2016. He is also highly ranked by Chambers & Partners UK, in five areas: Banking & Finance, Commercial Chancery, Commercial Dispute Resolution, Financial Services, Pensions. Farhaz’s profile can be viewed here.
News 19 Feb, 2018
