News & Events
News & Events
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…
Events 6 Jul, 2021
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.…
Covid-19 23 Jun, 2021
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…
News 18 May, 2021
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…
Webinars & Recordings 28 Jul, 2020
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…
News 13 Jul, 2020
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
David Grant presents an Employment Law Webinar on Proceedings in Different Fora. As part of the 28 barristers – 14 day Employment Law Series, David Grant presents a Q&A Webinar on Proceedings in Different Fora. David recently presented this webinar in a series of employment law seminars put together by Outer Temple’s Daniel Barnett. This webinar covers claims for work related psychiatric injury in the High Court and County Court. David looks at the concept of concurrent litigation — different proceedings in different places — when it might occur, how it might be managed and best controlled and what principles arise from the different circumstances in which concurrent litigation can arise. Free Representation Unit The webinars raised £15000, which was…
Webinars & Recordings 1 Jun, 2020
David E Grant and Gabor Bognar consider the challenges of making a formally valid will in difficult circumstances, such as those which may arise from the current coronavirus (COVID-19) pandemic. When one perceives a greater-than-usual risk of their near-term demise, the mind turns more readily to will-making. So it appears in the present pandemic, during which UK will-writers have reportedly experienced a substantial increase in client enquiries. David E Grant and Gabor Bognar have written an article considering the challenges of making a formally valid will in difficult circumstances, such as those which may arise from the current coronavirus (COVID-19) pandemic. Legislative requirements and the burden of proof Their article explains the rigorous formality requirements of English law for the…
Covid-19 16 Apr, 2020
Chambers & Partners have released their Global Guide and we are proud to announce that three of our members appear as global leaders in Dispute Resolution (Commercial Chancery and Commercial). Chambers Global ranks the top lawyers and law firms in over 200 jurisdictions across the world. The rankings are based on the in-depth research by their dedicated and experienced team of researchers. They provide reliable recommendations, which ensures that clients are able to make an informed decision when instructing barristers and other legal professionals. Dispute Resolution: Commercial Chancery – UK Nicolas Stallworthy QC Nicolas Stallworthy QC has yet again been recognised by Chambers & Partners. This year Nicholas has been ranked in Band 4 and is described as a well-liked…
News 6 Mar, 2020
Today, Advocate General Tanchev handed down his Opinion at the Court of Justice of the European Union, Luxembourg, in Case C-171/18 Safeway Ltd v (1) Andrew Richard Newton and (2) Safeway Pension Trustees Ltd (a preliminary reference from the Court of Appeal). The case concerns the methods by which men and women’s pension ages can be equalised under a pension scheme. The scheme contained a power of amendment that permitted retrospective adverse amendments to rights. The material events occurred prior to the coming into force of section 67 of the Pensions Act 1995. The reference asks whether EU law permits equalisation to be achieved during the Barber window by retrospectively reducing the rights of the advantaged class where those rights were…
News 27 Mar, 2019
Outer Temple Chambers has won the Chambers of the Year category at the STEP Private Client Awards, which took place last night in London. Held by STEP, the worldwide professional association for those advising families across generations, the Awards are highly regarded as a celebration of excellence across the private client world. All entries go through a rigorous, practitioner-led judging process to select the best in the industry. The Chambers of the Year category had a strong set of finalists, with Outer Temple Chambers beating New Square Chambers, Old Square Tax Chambers, St John’s Chambers, and Wilberforce Chambers to the prize. The Judges said: ‘This modern, progressive chambers delivers a fresh and innovative approach to staff and clients. In particular…
News 8 Nov, 2018
The Court of Appeal has handed down judgment in Jones & Anor v Roundlistic Ltd [2018] EWCA CIV 2284, an appeal from the Upper Tribunal (Land Chamber) which has ramifications for lessees and consumers generally, and the Air B’n’B industry in particular. David E. Grant and Elizabeth Grace represented the appellant lessees of a lower maisonette who contended that a term in a lease which prevented sub-letting to anyone not in the lessee’s family was unfair under the 1999 Regulations. The Upper Tribunal concluded that the clause was not unfair for three reasons despite creating a significant imbalance between the freeholder and leaseholder. The Court of Appeal, by a majority, upheld the appellants’ argument that the term in question was…
News 29 Oct, 2018
