News & Events

News

Court of Appeal rejects bid to exclude more public sector workers from collective redundancy consultation protection

United States of America v Nolan [2014] EWCA Civ 71 (04 February 2014) www.bailii.org/ew/cases/EWCA/Civ/2014/71.html On the 4th February 2013 the Court of Appeal handed down its latest judgement in the long running collective redundancy consultation case of USA v Nolan, in which Mark Mullins of Outer Temple Chambers, instructed by Thompsons Law on behalf of the GMB, continues to represent Mrs Christine Nolan. The decision confirms that public sector workers in the UK have statutory redundancy protection (with those in “crown employment” excluded and covered by voluntary arrangements). The USA has sought permission to appeal the decision to the Supreme Court. The important question of when the obligation to consult over collective redundancy arises (‘the Fujitsu issue’) is to be…

News 5 Feb, 2014

The Jackson Reforms: Costs Budgets and Strike Outs

Tom Gibson recently wrote an article – ‘A Costs Budgeting Horror Story’ – about a (true) story of a costs budget being struck out for a technical error in an early post-Jackson personal injury case. The article was published in PI Brief Update and is available at http://www.pibriefupdate.com/content/law-journal-summaries/news-category-2-53514/2250-a-costs-budgeting-horror-story-tom-gibson-outer-temple-chambers Since the article was published, several other stories of costs budgets being struck out – or not struck out – for exactly the same technical error (with a budget’s statement of truth wording) have emerged from county courts around the country. With several appeals currently in progress, 2014 looks set to be a busy year for early post-Jackson case law.

News 22 Jan, 2014

John McKendrick in Latin America and the Caribbean

Between 13 and 15 January, John was working in El Salvador as a guest of the British Embassy. He made a number of presentations on the rule of law, anti corruption measures, the UK Bribery Act 2010 and the EU Central America Association Agreement. He met with the Minister of Public Works, the Presidential Sub-Secretary responsible for transparency and many other state and civil society representatives. John also gave a presentation to the British School in San Salvador. John’s visit attracted significant press attention, on television, radio, the newspapers and on twitter. http://www.laprensagrafica.com/2014/01/15/reino-unido-dio-ponencia-sobre-ley-antisobornos http://elmundo.com.sv/britanicos-instan-a-pais-a-crear-ley-antisoborno https://www.facebook.com/media/set/?set=a.587970051280269.1073741864.228023930608218&type=1 Tweets by UKinElSalvador http://www.laprensagrafica.com/2014/01/20/reino-unido-sugiere-a-el-salvador-ley-antisobornos http://www.elsalvador.com/mwedh/nota/nota_expansion.asp?idCat=75293&idArt=8479877 John continues his time working in the Caribbean, travelling to Port of Spain as a guest of the British High…

News 21 Jan, 2014

Patrick Sadd is set to speak at the Cambridge Annual Medico-Legal Conference 2014

Patrick will be discussing ‘A case study in abuse, looking at the critical role of the expert witness’.

News 21 Jan, 2014

Andrew Spink QC and Richard Hitchcock’s case featured in The Lawyer’s Top 20 cases of 2014

The two Outer Temple Barristers are instructed by CMS Cameron McKenna partner Neil Smith in Merchant Navy Ratings Pension Fund Trustee Ltd v (1) Stena Line Ltd (2) P&O Ferries Ltd (3) Sealion Shipping Ltd (4) International Marine Transportation Ltd (5) Terence Brown. This mammoth case concerns the £272m pension deficit liabilities belonging to the Merchant Navy Ratings Pension Fund (MNRPF). At the heart of the dispute is how that liability should be apportioned between the participating employers of seamen employed in the British Merchant Navy. Around 240 employers have joined the MNRPF since its inception in 1978, including oil majors and the main players in the shipping industry, such as Stena and P&O. The proceedings concern the introduction of…

News 6 Jan, 2014

Landmark “right-to-die” appeal before the Supreme Court

Ben Bradley, Charles Foster, and Katarina Sydow were instructed by Barlow Robbins to intervene on behalf of Care Not Killing in the conjoined appeals of R (Nicklinson & Lamb) v Ministry of Justice and R (AM) v Director of Public Prosecutions.

News 30 Dec, 2013

Tracey McDermott FCA Director of Enforcement speaks at FSLA reception hosted by Outer Temple Chambers

Outer Temple Chambers was pleased to host once again the Financial Services Lawyers Association Christmas drinks reception on 10th December 2013. Keynote speaker Tracey McDermott, FCA Director of Enforcement, provided a review of FCA achievements of the past year and a detailed analysis of the challenges and priorities for 2014 and beyond. Introduced by Richard Hitchcock FSLA Secretary, the speech generated lively conversation amongst a guest list of the leading industry lawyers.

News 11 Dec, 2013

David Grant speaks at ICC Conference

On 9th December 2013 David Grant spoke at the Annual Winter Trade Finance Conference hosted by the International Chamber of Commerce. David was speaking on recent cases on trade finance including Bulgrains & Co Ltd v Shinhan Bank in which he appeared.

News 10 Dec, 2013

John McKendrick succeeds in commercial regulatory strike out

John successfully acted for EDI Plc resisting an appeal against a decision to strike out and grant summary judgment against a counterclaim for damages in the case of DCAS Business School v EDI Plc [2013] EWHC 3378 (QB). At the relevant time EDI Plc was a private company that acted under a statutory scheme as quasi regulator of providers of national vocational qualifications. DCAS Business school, which purported to offer such qualifications, counterclaimed against EDI in breach of contract and in negligence for the manner in which EDI regulated DCAS’s business. DCAS claimed it had suffered significant financial loss. EDI applied to strike out the counter claim and sought summary judgment. This was granted. DCAS appealed to the High Court.…

News 11 Nov, 2013

Court of Appeal dismisses Barclays’ LIBOR appeal

The Court of Appeal (Longmore LJ, Underhill LJ and Sir Bernard Rix) today handed down its much anticipated judgment in Barclays Bank plc v Graiseley Properties Limited & Ors [neutral citation], which has been referred to as the Libor ‘test case’. The Court of Appeal dismissed Barclays’ appeal from the decision of Flaux J [2012] EWHC 3093 (Comm) by which the claimants, Graiseley (members of the Guardian Care Homes group), were granted permission to amend their claim to plead fraudulent LIBOR misrepresentation and LIBOR implied terms. Barclays argued that the LIBOR claims amounted to an “obligation to disclose one’s own dishonesty” which was a cause of action unknown to English law. Longmore LJ stated that this was “not wholly free…

News 8 Nov, 2013

Richard Hitchcock and Farhaz Khan win major appeal in the Desmonds Pension Scheme litigation

The Court of Appeal of Northern Ireland has today handed down its decision in the Desmonds Pension Scheme case.

News 8 Nov, 2013

Art exhibition raised £9,500 for Headway East London

Congratulations to Headway East London who raised £9,500 through sales of amazing artwork by its members. Outer Temple is delighted to have co-sponsored the evening with Irwin Mitchel.

News 31 Oct, 2013

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