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David E Grant KC

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Employment Webinar: Watch David Grant talk on Proceedings in Different Fora

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 1 Jun, 2020

Will-Making in Difficult Circumstances: How to Comply With Formal Validity Requirements

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…

News 16 Apr, 2020

Chambers Global ranks members as leaders in commercial dispute resolution

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

Safeway Ltd v Newton: Advocate General delivers Opinion in equalisation case

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 wins prestigious STEP Private Client Award

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

Court of Appeal gives guidance on Unfair Terms Consumer Credit Regulations 1999

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

Alistair Rae Burns v FCA: practical implications for advisors

David E Grant, Outer Temple Chambers, comments on practical implications for financial advisors and practitioners in light of Alistair Rae Burns vs FCA. Background Mr Burns, the owner of Rae Burns, a financial adviser company, advised clients on transferring occupational or personal pension benefits into a self-invested pension scheme. The FCA fined and prohibited him from performing senior management functions after failing to comply with its requirements. Mr Burns then referred the FCA’s decision to the Upper Tribunal. The Upper Tribunal dismissed the reference but lowered the financial penalty to almost a quarter its quantum. Mr Burns was found personally liable in that he failed to take reasonable steps to ensure that his business complied with the FCA’s relevant requirements.…

Insights 19 Sep, 2018

Delighted to be finalists for the 2018/19 STEP Private Client Awards

Outer Temple Chambers is proud to have been shortlisted in the category of ‘Chambers of the Year’ at the 2018/19 STEP Private Client Awards. A winner will be nominated for each category and all winners will be announced at the awards ceremony on the 7th November 2018. We congratulate our barristers in the Private Client team for this great achievement and wish them the best of luck.

News 6 Aug, 2018

Outer Temple’s Private Client work steps up

We are delighted to announce that David E Grant has been approved as full member of STEP by their Membership Committee. This further strengthens the Outer Temple Private Client team and our presence within STEP – joining Outer Temple Members David Russell QC – current Deputy Chair of STEP Worldwide, Claire van Overdijk – listed by the 12th STEP Private Client Awards 2017/18 as a Panel Expert, and Jennifer Seaman. STEP is the global professional association for practitioners who specialise in family inheritance and succession planning. The primary purpose of the organisation is to improve public understanding of the issues families face in relation to inheritance and succession planning and promote education and high professional standards among members. David’s appointment…

News 15 May, 2018

High Court upholds appeal from PPF Ombudsman

David E. Grant and Olinga Tahzib appeared for the successful appellant in a High Court appeal from a determination of the Pension Protection Fund Ombudsman. The appeal concerned a narrow but important point of law regarding the construction of Paragraph 26 of Schedule 7 to the Pensions Act 2004 (“PA04”) and, in particular, “attributable to his pensionable service”. The facts The appellant, Mr Anthony Beaton, was an employee of CT Bowring & Co in the early 1970s and became a member of the Bowring Pension Scheme. On leaving his employment in 1994, he stopped accruing benefits under the Scheme and joined Fenchurch Group plc, and began pensionable service in the Fenchurch Group Pension Scheme. Four years later, the assets and…

News 18 Oct, 2017

David Grant speaks at ICC Conference

On 9th December 2013 David Grant spoke at the Annual Winter Trade Finance Conference hosted by the International Chamber of Commerce. David was speaking on recent cases on trade finance including Bulgrains & Co Ltd v Shinhan Bank in which he appeared.

News 10 Dec, 2013

3 members are involved in the first case of its type regarding abuse and the jurisdiction of the Pensions Ombudsman

Pell Frischmann v Others HC12E02792 2013 EWHC 2203 (CH) Most members of occupational pension schemes involved in a pensions dispute prefer to have their dispute determined by the Pensions Ombudsman (“PO”) rather than the Court. The reason for such a choice is a simple one; issuing Court proceedings exposes a member to the risk of having to pay the costs of the trustees and/or employer. Complaining to the PO does not. However, the applicable statutory regime prevents the PO from investigating when Court proceedings have already been commenced. In general terms the reverse is also true i.e. the Court will not entertain proceedings if a dispute has already been referred to the PO. When the member’s preference for the PO is…

News 7 Aug, 2013

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