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Brexit – What Next? Will Young presents at the Cross Border Law Conference

At the time of writing (December 2020), we remain in the transition period, where we will remain until 31st December 2020. Generally things have remained the same, in terms of the applicability of pre-Brexit rules, and will continue to do so until the end of the transition period. The question, though, is what will happen after? The easy part is applicable law: because Rome I and II do not depend on reciprocity (and can have effect to apply the law of a non-signatory state), the UK courts can continue to apply the rules contained in Rome I and II despite the UK’s departure from the EU, and that is what they will do – see The Law Applicable to Contractual…

Brexit, News, Webinars & Vlogs, Travel Vlogs, Travel 17 Dec, 2020

The Good Faith Problem

Chloë Bell and Saaman Pourghadiri discuss the ‘Good Faith Problem’ in our latest commercial webinar. Chloë and Saaman examine case law surrounding the issue of good faith in commercial contracts. Chloë and Saaman discuss: Construction and Implication of Terms Good faith in Relational Contracts Negotiations in Good Faith Discretions What they are Identifying contractual discretions Intensity of court review Watch the webinar here: About the presenters Chloë Bell is regularly instructed in commercial and chancery matters. She has provided advice in a number of cases on the interpretation of contracts and has experience appearing led and as sole counsel in court on commercial matters, including acting on behalf of FXCM in the case of Shurbanova v FXCM [2017] EWHC 2133 which…

Covid-19, Commercial Vlogs, Commercial during Covid-19, News, Webinars & Vlogs 10 Nov, 2020

Ask a Silk: A short Q&A on London Capital & Finance

In this latest ‘Ask a Silk’ vlog, Victoria Brown asks John McKendrick QC about a recent judicial review following the London Capital & Finance ‘scandal’. 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 in chambers about a recent case, piece of legislation or other topical areas of commercial law. London Capital & Finance This vlog features one of our eminent silks, John McKendrick QC, and junior, Victoria Brown. From sunny Greece, John answers Victoria’s questions about the judicial review of the Financial Services Compensation Scheme’s (“FSCS”) decision that a significant chunk of LCF’s activities were not regulated, because their mini-bond products were not…

Commercial Vlogs, Commercial, News, Webinars & Vlogs 26 Oct, 2020

OTC Travel Talks: Motor Liability Claims in France, Spain & the Netherlands Part 2

Watch Ian Denham, Ana Romero Porro, Thomas Ricard and Gerben Janson in the second part of their discussion on motor liability claims in France, Spain & the Netherlands in ‘OTC Travel Talks’. Outer Temple’s Ian Denham continues his discussion with Ana Romero Porro of Cremades & Calvo Sotelo (Spain), Thomas Ricard of JP Karsenty & Associés (France) and Gerben Janson of Leidse Letselschade Advocaten (the Netherlands) to discuss limitation rules in their respective jurisdictions on the subject of road traffic accident (RTA) claims. This episode focuses on accidents involving cyclists and uninsured drivers. In their earlier discussion the four personal injury specialists discussed the specific liability regimes that apply in each jurisdiction, including the burden of proof in motor liability claims and specific…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 13 Oct, 2020

OTC Travel Talks: Motor Liability Claims in France, Spain & the Netherlands Part 1

Watch Ian Denham, Ana Romero Porro, Thomas Ricard and Gerben Janson in the next episode of ‘OTC Travel Talks’, focusing on motor liability claims in France, Spain & the Netherlands. Outer Temple’s Ian Denham was joined by three European foreign personal injury specialists to discuss limitation rules in their respective jurisdictions on the subject of road traffic accident (RTA) claims. Ana Romero Porro of Cremades & Calvo Sotelo (Spain),  Thomas Ricard of JP Karsenty & Associés (France) and Gerben Janson of Leidse Letselschade Advocaten (the Netherlands) give their advice in this short vlog. Ian and his guests discuss extension of limitation periods and consider: The specific liability regimes that apply in each jurisdiction, including: The burden of proof in motor liability claims. Specific regimes…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 28 Sep, 2020

An interview with New Head of Chambers, Sarah Crowther QC

Outer Temple Chambers is delighted to announce that Sarah Crowther QC is our new Head of the Health Department and a Head of Chambers. CEO, Rebecca Priestley, asks her a few questions about her new role. Sarah Crowther QC has been elected as Head of the Health Department and a Head of Chambers by her colleagues following the retirement of Christopher Gibson in September 2020. The result of this member vote marks the first female to hold a Head of Chambers position at Outer Temple Chambers. Sarah was called to the Bar in 1999 and took Silk in 2018. Her promotion to Head of Chambers follows a difficult 6 months for everybody juggling work pressures and home demands during lockdown…

News, Webinars & Vlogs 16 Sep, 2020

OTC Travel Talks: Limitation in Czech Republic, Denmark & Poland Part 2

Watch Ian Denham, Klára Dvořáková, Kira Kolby Christensen and Gabriela Lenarczyk in the sixth episode of our travel law discussions; ‘OTC Travel Talks’. This episode focuses on the limitation periods in Czech Republic, Denmark & Poland for personal injury claims. Outer Temple’s Ian Denham was joined by Klára Dvořáková (Partner at Holubová, Prague, Czech Republic), Kira Kolby Christensen (Partner at Elmer Advokater, Copenhagen, Denmark) and Gabriela Lenarczyk (Associate at Budzowska Fiutowski & Partners, Krakow, Poland). Watch OTC Travel Talks Episode 6 In the second part of this discussion Ian and his guests discuss extension of limitation periods and consider: Whether the limitation period be extended by agreement between the parties or by Court order. Whether there is a limit as to how…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 3 Sep, 2020

OTC Travel Talks: Limitation in Czech Republic, Denmark & Poland Part 1

Watch Ian Denham, Klára Dvořáková, Kira Kolby Christensen and Gabriela Lenarczyk in the latest travel law vlog; ‘OTC Travel Talks’. This episode focuses on the limitation periods in Czech Republic, Denmark & Poland for personal injury claims. Outer Temple’s Ian Denham was joined by Klára Dvořáková (Partner at Holubová, Prague, Czech Republic), Kira Kolby Christensen (Partner at Elmer Advokater, Copenhagen, Denmark) and Gabriela Lenarczyk (Associate at Budzowska Fiutowski & Partners, Krakow, Poland) in the first of this two-part discussion on limitations in their respective jurisdictions. In this episode, Ian discusses limitation periods, a key issue for cases which run in England but apply foreign law. Ian and our guests consider: The applicable limitation based on the cause of the injury or the…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 17 Aug, 2020

Watch the Webinar; Litigation Friends – Where are we now?

Speakers from Outer Temple Chambers were delighted to be joined by The Rt Hon Sir Ernest Ryder and Sarah Castle for a webinar looking at the current and future role of litigation friends. Watch the full webinar here. The role of a litigation friend for those who lack capacity is changing rapidly and at Outer Temple Chambers, members have experience ranging from the parole board to private client cases, far beyond the traditional scope of clinical negligence, personal injury, professional negligence and Court of Protection work. To explain these developments and what it may mean for the future, our panel of experts was led by The Rt Hon. Sir Ernest Ryder who, as Senior President, has made a major contribution…

Events, Employment Webinars, Legal Blog & Publications, Webinars & Vlogs 3 Aug, 2020

OTC Travel Talks: Expert Evidence in Cross-Border Claims Part 2

Watch Ian Denham and Cheryl Palmer-Hughes in the fourth episode of a new series of travel law discussions hosted by Outer Temple’s Travel Law team; ‘OTC Travel Talks’.  This episode focuses on the practical aspects of instructing an expert. Outer Temple’s Ian Denham spoke to Cheryl Palmer-Hughes, who is a Partner in Irwin Mitchell’s International Serious Injury department in Manchester and the Chair of the PEOPIL Young Lawyers Group. In this episode, Cheryl and Ian discuss how expert evidence fits into case management and cost budgeting. In Part 1, Cheryl and Ian discussed the factors that you should take in to account when selecting the best expert for your case, including: Part 1 can be watched here. Watch OTC Travel Talks; Expert Evidence…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 3 Aug, 2020

Watch the Webinar: Indexation and the courts’ recent wrestles with RPI

Outer Temple Chambers collaborated with Richard Gibson of Barnett Waddingham LLP to look at the current and future actuarial and legal landscape of inflation. Watch the recorded webinar here. What is the outlook for inflation as a result of the COVID-19 pandemic, lockdown and the various government support schemes for businesses? Will there be renewed pressure on schemes to explore options to switch out of RPI-based escalation? A run of cases in the High Court, Court of Appeal and Supreme Court since 2012 have confirmed that in principle scheme powers may be available to switch from RPI to CPI, following the lead taken by the State schemes (and the statutory minima for revaluation and LPI increases) in 2010. But these…

Pensions Webinars, Legal Blog & Publications, Webinars & Vlogs, Pensions 28 Jul, 2020

Webcast: EY & OTC join forces to discuss compliance and investigations after Covid-19

EY and Outer Temple Chambers have collaborated on a two-part discussion on the practical legal and risk considerations when navigating your compliance and investigations framework. Watch the recordings here. Failure to organise your compliance framework and react to internal issues can be disastrous for organisations, resulting in fines, sanctions and reputational damage. During the heat of the COVID-19 crisis, while most organisations adapted at pace and carried on through the pandemic, aspects of their usual compliance processes did go into a level of hibernation. Now is the time to look back at what happened, put right any ‘wrongs’ and use lessons learnt to strengthen your organisations’ business conduct and ethics framework. Where there may have been ‘wrongs’, the decision of…

Business Crime Webinars, Business Crime, Legal Blog & Publications, Webinars & Vlogs 27 Jul, 2020

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