News & Events

David E Grant KC

David E. Grant KC and Anson Cheung are published in the November 2022 ELA Briefing

Outer Temple’s David E. Grant KC and Anson Cheung have been published in the November 2022 ELA Briefing. Their article is entitled ‘Restraint of trade and inequality of bargaining power’. David E. Grant and Anson Cheung have written an article for the November 2022 ELA Briefing. Within the article, they discuss the decision of the Court of Appeal in Dwyer v Fredbar & Anor (in which they appeared for the successful respondents) as well as two other recent cases on restraint of trade and inequality of bargaining power –  Quantum Actuarial LLP v Quantum Advisory and Credico Marketing Ltd v Benjamin Gregory Lambert. Please view the full article here. Find out more David E. Grant KC is a chancery and commercial practitioner with…

News 7 Nov, 2022

David E. Grant QC and Anson Cheung successful in significant franchising case in the Court of Appeal

The Court of Appeal has just handed down judgment in Dwyer (UK Franchising) Ltd v Fredbar Ltd & Bartlett [2022] EWCA Civ 889 in which David E. Grant QC and Anson Cheung appeared for the successful respondents. This is the most detailed consideration yet by the courts of the enforceability of post-termination restrictions in franchise agreements. Background to the Appeal The First Respondent, Fredbar Ltd, was a franchisee of the “Drain Doctor” brand licensed by the Appellant, Dwyer, which claimed to be the UK’s largest full-service network of emergency plumbing and drainage operations and part of the world’s largest home service franchise. Fredbar and the Second Respondent, Mr Bartlett (the sole director and employee of Fredbar and guarantor under the franchise agreement)…

Commercial, News 30 Jun, 2022

Court of Appeal Rolls Building

David E. Grant QC appears in the Court of Appeal re: Dwyer v Fredbar

Following David E. Grant QC’s previous instruction acting for the defendant in Dwyer (UK Franchising) Limited v Fredbar Limited [2021] EWHC 1218 (Ch), he will be appearing in the Court of Appeal leading Anson Cheung, on Tuesday 24th May. Details of the case The Claimant, Dwyer (UK Franchising) Limited, appeals paragraph 3 of the order of Jones J sitting as a High Court Judge at the Business and Property Courts dated 17 May 2021 by which he declared that the restrictive covenants contained in clauses 18.2.1.1, 18.2.1.2, 19.3.1 and 18.3.2 are unenforceable as between the Claimant and each of the Defendants to whom those sub-clauses apply and the Claimant’s claim for injunctive relief is dismissed. The Claimant is the franchisor…

Legal Blog & Publications, Commercial, News 23 May, 2022

QC Appointment: David E. Grant is formally sworn in on Silks Day 2022

We are delighted to announce that David E. Grant has been elevated to the ranks of silk and, from 21st March 2022, will officially be David E. Grant QC. David E Grant has practiced as a barrister for over 20 years, specialising in chancery and commercial law with specialist expertise in pensions, trusts, tax, will and estates, professional negligence, financial services, asset recovery, insolvency and employment. David was called to the Bar in 1999 and is a member of Inner Temple. He has extensive advocacy experience in courts and tribunals up to the European Court of Justice. He has also attended numerous mediations and round table meetings in a wide variety of cases. He has been recommended in Chambers & Partners and the Legal 500 since 2007 and is described…

News 21 Mar, 2022

Protectors' Power of Consent

‘The Protectors’ Power of Consent’ – David E. Grant is published in TL4 Private Client Magazine

David E. Grant has published an article in the latest edition of the ThoughtLeaders4 Private Client magazine looking at the evolving concept of the protectors’ power of consent. Three recent cases in three different jurisdictions have considered a hitherto unexplored question in the law of trusts – what is the scope of a protector’s power of consent? The three cases were PTNZ v AS & Ors [2020] EWHC 3114 (Ch) in the English High Court, In the matter of the X Trusts [2021] SC (Bda) 72 Civ in the Supreme Court of Bermuda, and In the matter of the Piedmont Trust and Riviera Trust, Jasmine Trustees & Anor v M & Ors [2021] JRC24 in the Royal Court of Jersey.…

Private Client & Trusts, Legal Blog & Publications, News 23 Feb, 2022

Watch the Webinar: The Anatomy of a Criminal Pensions Investigation

Watch a recent webinar by the pensions team and business crime team at Outer Temple Chambers, discussing a business crime lawyer’s perspective on the Pension Schemes Act 2021. Outer Temple Chambers hosted a well received talk on 16th July 2021, focusing on criminal proceedings arising out of the Pension Schemes Act 2021. Two of our finest pensions barristers, Andrew Spink QC and David E. Grant, joined two of our renowned business crime barristers, Michael Bowes QC and Oliver Powell, to examine how and when a regulatory matter may become a criminal matter and, if it looks like it might do so, how to respond, prepare and advise your clients. The Topics Andrew Spink QC: Welcome and introductionDavid E Grant: Civil…

Business Crime Webinars, Business Crime, Pensions Webinars, Webinars & Vlogs, Pensions 28 Jul, 2021

Webinar: The Anatomy of a Criminal Pensions Investigation

You are invited to join Outer Temple Chambers to discuss a business crime lawyer’s perspective on the Pension Schemes Act 2021. Outer Temple Chambers is delighted to host a talk focusing on criminal proceedings arising out of the Pension Schemes Act 2021. Our specialist pensions barristers will join our renowned business crime barristers to examine how and when a regulatory matter may become a criminal matter and, if it looks like it might do so, how to respond, prepare and advise your clients. After short presentations by our panel, there will be the opportunity to ask questions. Agenda Andrew Spink QC: Welcome and introductionDavid E Grant: Civil versions of criminal offences; the interaction between the target and the regulatorMichael Bowes…

Business Crime, Events, Pensions 6 Jul, 2021

Dwyer v Fredbar: when to designate Covid-19 as force majeure

Since the Covid-19 pandemic began in early 2020, many companies have been faced with disruption to their everyday commercial activities. As a result, litigation concerning the use of force majeure clauses has been on the rise. David E Grant and Anson Cheung consider force majeure in their article on Dwyer v Fredbar. An example of litigation concerning force majeure is Fibula Air Travel SRL v Just-US Air SRL [2020] EWHC 3048; the charterer contended that a lease for the charter of an aircraft had been terminated by force majeure. Another, more recent, example is Dwyer (UK Franchising) Limited v Fredbar Limited [2021] EWHC 1218 (Ch). The claimant entered into a franchise agreement with the first defendant, Fredbar, as franchisee and the second defendant, Mr.…

Legal Blog & Publications, Commercial 23 Jun, 2021

Judgment in franchise dispute; Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett

Judgment was handed down last week in the case of Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett [2021] EWHC 1218 (Ch). David E. Grant acted for the Defendants in this expedited trial on liability and injunctive relief between a franchisor and ex-franchisee. Judgment was handed down in this franchise dispute on 11 May 2021. The First Defendant was a franchisee of the “Drain Doctor” brand licensed by the Claimant, Dwyer (UK Franchising) Ltd, which claimed to be the UK’s largest full-service network of emergency plumbing and drainage operations and part of the world’s largest home service franchise. The case raised issues of misrepresentation, undue influence, repudiatory breach, affirmation and the reasonableness of the post-termination restrictive covenants. The Defendants…

Covid-19, Commercial during Covid-19, Commercial, News 18 May, 2021

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…

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

Second Court of Appeal Judgment in Safeway’s long running pensions equalisation case

On 13 July 2020 the Court of Appeal handed down its second judgment in Safeway Ltd v Newton (previously [2017] EWCA Civ 1482]) concerning the date on which the Normal Pension Ages applicable under the Safeway Pension Scheme were equalised at 65. Safeway Limited v 1) Andrew Newton 2) SPTL [2020] EWCA Civ 869: equalisation pursuant to section 62 Pensions Act 1995 The Court of Appeal held that section 62 Pensions Act 1995 went further than Article 119 of the Treaty of Rome and was an effective measure to close the Barber window. The Background On 1 December 1991 it was announced to Scheme members that Normal Pension Ages (NPAs) would henceforth be 65 years for men and women. On…

Commercial, News, Pensions 13 Jul, 2020

Webinar Invite: Indexation: The courts’ recent wrestles with RPI

Outer Temple invites you to a multi-disciplinary webinar on the courts’ recent wrestles with RPI, with Lydia Seymour, David Grant, Philip Stear, Nicholas Hill and Richard Gibson. 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 decisions have also suggested…

Events 8 Jul, 2020

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