News & Events
News & Events
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…
Covid-19 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…
Covid-19 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
A series of detailed papers explaining the potential effect of Brexit on a number of practice areas relevant to commercial practitioners have been produced by teams of COMBAR members. These have been produced in the following areas: conflicts of laws, banking, financial services, international arbitration and competition law. The documents can be found here. They were also recently submitted to the Ministry of Justice following a meeting with the Lord Chancellor in December, attended by a number of members of the COMBAR Brexit Committee including Andrew Spink QC. Andrew Spink QC, Deborah Sabalot, Oliver Assersohn, Farhaz Khan and Miranda de Savorgnani each contributed to the paper on the impact of Brexit on financial services. Miranda de Savorgnani also contributed to the…
External Publications 31 Jan, 2017
Andrew Spink QC and Saul Margo represented the Trustees of the Coats Pension Plan in regulatory proceedings brought by the Pensions Regulator against the Coats Group. The case raised novel issues concerning the interpretation of the legislation concerning Financial Support Directions and, in particular, the Regulator’s jurisdiction to conduct its own calculations in order to determine whether a scheme is insufficiently resourced. Following the exchange of Representations, the Regulator and the Trustees have achieved a settlement with the Coats Group that will protect the pensions of 24,000 scheme members in a deal described by John Ralfe (an independent pensions consultant) as “the most important” one that the Regulator has reached. This is the first settlement of such an action achieved…
News 20 Dec, 2016
Outer Temple Business Team members Andrew Spink QC, David Russell QC, Michael Bowes QC and Miranda De Savorgnani were joined on a panel at the St Petersburg Legal Forum by India’s Minister for Law and Justice, D. V. Sadananda Gowda. The panel examined the advantages of using specialist barristers in commercial litigation and arbitration and third party funding in such cases. Outer Temple has participated in several satellite legal events hosted by Russia’s RBC network, a large business media group. The events were centred around Case studies and practical aspects of Arbitration and Litigation, and were designed to showcase the ability and expertise of the UK Bar in leading bespoke international legal projects. For more details about the forum’s agenda click here.
News 23 May, 2016
Outer Temple Chambers is pleased to announce that it will play a significant role in the St Petersburg International Legal Forum which is being held between 18 and 21 May 2016 in Russia. The initiative is spearheaded by Alexey Karpenko, an Outer Temple Professional Associate, who is the senior partner at Forward Legal, in Moscow. Joint Heads of Chambers, Michael Bowes QC and Andrew Spink QC, together with David Russell QC, Fiona Scolding and Miranda de Savorgnani will give talks on Trusts, Regulation of Company Groups, International Tax rules, Public Procurement, Banking Regulation and International Arbitration to an audience of Russian government representatives, the judiciary, international organisations, General Counsel of Russian corporations and the international media. The official programme will cover topics as Private…
News 18 May, 2016
