News & Events
News & Events
The Court of Appeal has published its judgment in (1) Lawrence Ewan McGaughey (2) Neil Martin Davies (Claimants/Appellants) -v- Universities Superannuation Scheme Ltd (First Defendant/First Respondent), the landmark company multiple derivative case which raised the question of directors’ duties in relation to divestment in fossil fuels for the first time. In a significant judgment (found here) handed down on Friday 21 July 2023 Asplin LJ, with whom the Rt Hon. Sir Julian Flaux, Chancellor of the High Court, and Snowden LJ agreed, dismissed the appeal on all grounds. Two members of a pension scheme had sought permission to bring a claim against the current and former directors of one of the UK’s largest pension schemes by assets in the form…
News 25 Jul, 2023
With digital assets and technology constantly evolving, Outer Temple Chambers’ Fintech team take a look at their progress over the last year and the reasons they have been nominated by Legal 500 Bar Awards for best Team, best Silk and best Junior in this area. Worldwide appetite for digital assets and cryptocurrencies has exploded in recent years, with new cryptocurrencies and blockchain-based platforms continuing to develop at lightning speed. However, with new developments come new threats and the law is continuously evolving in response. Outer Temple Chambers has been at the forefront of these legal developments, in both an advisory capacity and in handling precedent setting disputes. The Fintech team takes a look at the past 12 months and the…
Legal Blogs 17 Jul, 2023
Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh were in Court of Appeal this week for the long running pensions and company law dispute (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd. David E Grant and Philip Stear acted on behalf of the Appellants, instructed by Leigh Day, in the Court of Appeal in (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd. Andrew Short KC and Helen Pugh acted on behalf of the Respondent, instructed by CMS Cameron McKenna Nabarro Olswang LLP. The claim brought by members of a pension scheme is as a common law derivative action. This ground-breaking case has raised novel issues with…
News 15 Jun, 2023
Join Outer Temple Chambers at the Edwardian Radisson Hotel, Manchester for an afternoon of pensions law talks at the next stop of this conference series around the country. You are invited to join Outer Temple Chambers in Manchester for the next stop of our Pensions Law Conference 2023 series. Topics will include: an actuary’s role in Section 67 certification, age discrimination and the EU Withdrawal Act 2018, the presumption of regularity, and notable non-pensions cases for pensions lawyers. The event will be rounded off with a panel discussion comprised of Outer Temple’s silks. Agenda 1.30pm – Registration (tea and coffee on arrival)2pm – Consultation with the scheme actuary and Section 67 Certification. Where has Mitchells & Butler left Us?2.30pm –…
Events 18 May, 2023
Join Outer Temple Chambers at the Marriott Delta Hotel, Bristol for an afternoon of pensions law talks at the first stop of this conference series around the country. You are invited to join Outer Temple Chambers in Bristol for the first stop of our Pensions Law Conference 2023 series. Topics will include: an actuary’s role in Section 67 certification, age discrimination and the EU Withdrawal Act 2018, the presumption of regularity, and notable non-pensions cases for pensions lawyers. The event will be rounded off with a panel discussion comprised of Outer Temple’s silks. Agenda 1.30pm – Registration (tea and coffee on arrival)2pm – Consultation with the scheme actuary and Section 67 Certification. Wherehas Mitchells & Butler left Us?Lydia Seymour &…
Events 4 Apr, 2023
The Lawyer has revealed its ‘Top 10 Appeals of 2023’ and we are delighted that four Outer Temple members have been included for their involvement in McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. There are plenty of lawsuits heading to the Court of Appeal and Supreme Court this year and The Lawyer has picked its Top 10 to watch. Barclays Bank, Central Bank of Venezuela, Deliveroo, Arron Banks and United Utilities Water are just some notable examples, alongside the long running and hard fought battle between McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. This rematch between two university academics and the directors of the UK’s largest private pension scheme heads to the Court of…
News 16 Feb, 2023
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
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)…
News 30 Jun, 2022
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…
News 23 May, 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
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.…
External Publications 23 Feb, 2022
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…
Webinars & Recordings 28 Jul, 2021
