News & Events
News & Events
The Pension Schemes Act 2021 came into force on 11 February 2021 and is set to make fundamental changes to the UK pensions landscape. Andrew Spink QC and Oliver Powell signpost the key changes that have been introduced by the Act, focusing on the new powers that will be available to The Pensions Regulator and the three new criminal offences created by the Act. The Pension Schemes Act 2021 addresses a number of critical areas concerning pensions, and importantly brings about a number of significant changes. Broadly distilled, the Act: establishes a new framework for the formation and administration of collective money purchase pension schemes; creates three new criminal offences; introduces a new power to impose civil penalties of up to £1m; expands…
Insights 3 Mar, 2021
Following on from their previous article considering the scope of the moratorium from a lender’s perspective, Andrew Spink QC, Justina Stewart and Saaman Pourghadiri consider the thorny question of whether all defined benefit pension scheme contributions are exempt from the payment holiday under the moratorium. In this note Andrew Spink QC, Justina Stewart and Saaman Pourghadiri consider one important issue for insolvency and pensions practitioners which arises from the Moratorium in Part A1 of the Insolvency Act 1986 (“IA 86”) introduced by the Corporate Insolvency and Governance Act 2020 (“CIGA 2020”). The note sets out various arguments going to the vexed issue of which forms of employer contribution to an occupational pension scheme fall within the payment holiday under the…
Insights 15 Oct, 2020
With suspension of insolvency enforcement due to end shortly, lenders face the prospect of borrowers entering the new, free-standing moratorium. Andrew Spink QC, Justina Stewart and Saaman Pourghadiri consider the impact of the new moratorium from a lender’s perspective. How vulnerable are lenders upon entry into the moratorium? Which categories of charge holders are more vulnerable? How might lenders protect their positions, and what opportunities might a moratorium present to lenders? In this in-depth article, Andrew, Justina and Saaman consider: Protections for lenders arising from: the requirement of companies to meet lenders’ capital and interest payments during the moratorium; the disapplication of “ipso facto” provisions to most financial services contracts; and the ability of lenders, in practice, to stymy the…
Insights 9 Sep, 2020
Watch Saaman Pourghadiri question Andrew Spink QC on the topic of enforcing foreign judgments and the case of GFH Capital Ltd v Haigh. Welcome to the first in the series of of ‘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. Enforcement of Foreign Judgments This vlog features one of our finest silks, Andrew Spink QC, and junior, Saaman Pourghadiri. They discuss the first judgment of an English court enforcing a judgment of the Dubai International Financial Centre: GFH Capital Ltd v Haigh [2020] EWHC 1269 (Comm). Watch the vlog here …
Webinars 12 Jun, 2020
Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact is enormous but the pandemic will also have profound short and long-term economic effects. Andrew and Saaman of summarise how contractual obligations may be affected by the pandemic and the measures taken to quell it. This note will look at some key elements in construing Force Majeure (“FM”) clauses, Article 82 of the DIFC Contract Law 2004 (“Article 82”), and common law frustration before considering MAC clauses Read the full guidance…
News 1 Apr, 2020
Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact of Covid-19 is enormous but the pandemic will also have profound short and long-term economic effects. In response to various enquiries over the last few days, Andrew and Saaman have constructed a guidance note looking at some key elements in construing Force Majeure (FM) clauses and the common law doctrine of frustration before considering Material Adverse Change (MAC) clauses. Whether Covid-19 and the global response to it fall within FM or MAC…
News 30 Mar, 2020
On 18 November 2019 the Chancellor of the High Court, Sir Geoffrey Vos, launched the UK Jurisdiction Taskforce’s Legal Statement on Cryptoassets and Smart Contracts which he described as a ‘watershed for English law’. Outer Temple Chambers’ Andrew Spink QC, Stephen Butler and Chloë Bell comment on the statement and offer some preliminary thoughts on its impact and scope, which can be read here.
News 25 Nov, 2019
The DIFC has issued its proposals for replacing the existing end of service gratuity regime with a mandatory workplace savings schemes into which employers must (and employees may) contribute. Following the announcement by the DIFC Authority to introduce the DIFC Employee Workplace Savings Scheme (DEWS) on Wednesday 1 January 2020, Jersey Finance in association with the Outer Temple Chambers and Stephenson Harwood will hold a two-hour seminar during which the new proposed structure, the DEWS draft legislation, employers’ options in terms of providers, and some practical recommendations for DIFC businesses will be discussed. On Monday 18th November, members of Outer Temple Chambers (drafters of the legislation) alongside a panel of experts from the DIFC Authority and Stephenson Harwood law will…
News 14 Nov, 2019
On Wednesday 16 January 2019, members of Outer Temple Chambers (Outer Temple) were invited to speak at a round table event hosted by Patterson Belknap Webb & Tyler LLP in New York. The event was opened by Judge Michael Garcia, Associate Judge of the New York Court of Appeals, and jointly chaired by Andrew Spink QC, Chair of the Commercial Bar Association and joint Head of Outer Temple, London, UK, and Stephen Younger, Past President of the New York State Bar Association and Partner at Patterson Belknap Webb & Tyler LLP. Andrew Spink QC and Oliver Powell spoke on freezing injunctions and comparative issues in disclosure of evidence, such e-disclosure. Sarah Crowther QC discussed legal fees, cost awards and litigation funding, as well as…
News 21 Jan, 2019
Andrew Spink QC, joint Head of Outer Temple Chambers, London, has been appointed to a prestigious judicial position at the new commercial court in Kazakhstan. Andrew is one of a selected number of highly respected UK judges and senior lawyers chosen to help spearhead a modernisation programme in Kazakhstan involving the Astana International Financial Centre (AIFC), with a view to making it the leading financial centre in Central Asia. A new AIFC Court and International Arbitration Centre will resolve commercial disputes arising in this fast-developing and commercially very active part of the world, applying AIFC Law, which is essentially English common law. Lord Woolf, formerly Lord Chief Justice of England and Wales, has been appointed Chief Justice of the new…
News 2 Feb, 2018
Landmark judgment handed down in IBM v Dalgeish – Court of Appeal allows IBM’s appeal against breach of duty of good faith ruling. Andrew Spink QC and Nicolas Stallworthy QC both act for respondents in the Court of Appeal. The litigation involved two occupational pension schemes established in the UK for IBM’s employees. The Court of Appeal has now allowed IBM’s appeal against Warren J’s “breach judgment” dated 4 April 2014, and dismissed the Representative Beneficiaries cross-appeal against one aspect of that judgment in which Warren J had found in favour of IBM. The judgment is available to read here.
News 4 Aug, 2017
Andrew takes over the role from Laurie Rabinowitz QC and will serve for two years, having previously served as COMBAR’s Vice Chair as well as Chair of its International Committee, which is responsible for coordinating the Association’s activities in all non-UK jurisdictions. Before that, Andrew was Chair of COMBAR’s North American Committee and organised the annual North American Meetings for 2012 and 2013. Ranked by Chambers UK as a Leading Silk (Pensions) and by The Legal 500 as a Leading Individual, Andrew Spink QC is a highly respected advocate with 31 years’ experience at the Bar, of which 14 years have been as a successful QC. A registered advocate at the Dubai International Financial Centre, Andrew is also called to…
News 4 Jul, 2017
