News & Events

John McKendrick KC

James Counsell KC to attend the DIFC Laws Certificate Programme Awarding Ceremony

Head of Chambers, James Counsell KC will be attending (remotely) the DIFC Laws Certificate Programme Awarding Ceremony on behalf of Outer Temple Chambers on Tuesday 13th December 2022. The DIFC Laws Certificate Programme is a course organised by the DIFC Academy. Over the course of a 7-month programme, it aims to provide education and training in common law and DIFC laws and courts procedures to civil law lawyers, DIFC Courts practitioners, Emirati advocates, In-house counsel and other professionals whose work involves exposure to common law systems and jurisdictions. There are three parts to the Advanced Advocacy course given by Outer Temple Chambers barristers, each part over two days. The first part of the course was led by James Counsell KC and Justina Stewart.…

Events 28 Nov, 2022

On 11th November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja. John McKendrick KC acted on behalf of the first and second respondent.

John McKendrick KC appears in the Court of Appeal

On 11th November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja. John McKendrick KC acted on behalf of the first and second respondent. On 11 November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja  [2022] EWCA Civ 1492 and permitted press reporting of proceedings which began in June 2020.  The proceedings relate to the property and welfare of Srichand Hinduja, the eldest of the four Hinduja brothers. Court of Protection In two judgments delivered in August 2022, (Hinduja v Hinduja [2022] EWCOP 36 and Hinduja v Hinduja [2022] EWCOP 37), Mr Justice Hayden lifted nearly all reporting restrictions in the case. His Lordship’s order was appealed to the Court of Appeal by Srichand’s brother Gopichand Hinduja. The Court of Appeal The Court of…

News, Public Law 15 Nov, 2022

Event: Three Faces of Sanctions Litigation – 6th December 2022

Join Outer Temple Chambers and guests on the 6th December 2022 for a Sanctions & Export Controls breakfast seminar hosted at The Reform Club. You are invited to join our Business Crime and Regulatory Team and our esteemed guests for a discussion on navigating sanctions regimes, designations and export controls in civil, administrative and criminal proceedings. The event will be co-chaired by Outer Temple’s John McKendrick KC and Fiona Horlick KC. Speakers include Oliver Powell, Alex Haines, Sophie O’Sullivan, Jeremy Scott-Joynt, Joshua Hitchens, and Henry Reid. Guest speakers include; Tristan Grimmer, Partner at Baker Mckenzie; Elizabeth Robertson, Partner at Skadden; and Tom Cornell, Associate at Debevoise & Plimpton LLP. The conference will take place at The Reform Club in London…

Events, Sanctions 14 Nov, 2022

John McKendrick QC appears in Supreme Court in JB v A Local Authority

John McKendrick QC, leading Ian Brownhill and Helen Laws, and instructed by Karen Jackson at Enable Law, appeared in the landmark decision of JB v A Local Authority [2021] UKSC 52 – the first time the Supreme Court has considered issues of capacity under the Mental Capacity Act 2005.  Acting for JB’s litigation friend, the Official Solicitor, John appealed the decision of the Court of Appeal that JB was required to understand that his potential sexual partners must consent to have sexual relations with him.  The Supreme Court noted the appeal ‘raises issues of profound significance’ but went on to reject the grounds of appeal advanced. It summarised its findings, holding that: ‘The evaluation of JB’s capacity to make a decision…

News, Public Law 25 Nov, 2021

John McKendrick QC appears in latest adult international protection proceedings

John successfully appeared for the respondent before the High Court in AB v XS [2021] EWCOP 57, before Mrs Justice Lieven. The proceedings, in late October, concerned the welfare of an elderly lady, a British and Lebanese citizen, resident in Beirut, Lebanon. The application sought an order for the return of the lady from Beirut to England and Wales. Lieven J agreed with John’s submissions that she was habitually resident in Lebanon and therefore by application of section 63 of the Mental Capacity Act 2005, orders could not be made under the 2005 Act and that the exercise of the Inherent Jurisdiction on the basis of her British citizenship was inappropriate. She also accepted it was in her best interests to…

News, Public Law 4 Nov, 2021

Outer Temple Chambers & RPC launch Unspoken Giants podcast series

Outer Temple Chambers and RPC have launched the Unspoken Giants podcast series which, for the first time ever, brings together senior officials from nine of the largest IFIs together to provide a unique insight into how investigations are conducted and what legal and compliance teams can do to navigate the complex and individualised systems at each institution. The World Bank In this episode, Alex Haines joins Jamieson Smith, Chief Suspension and Debarment Officer at the World Bank and Alice Kemp, barrister at RPC, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to work in every major area of development. The Inter-American Development Bank In this episode, Alex Haines joins Juan Ronderos,…

Business Crime, News 27 Oct, 2021

John McKendrick QC appears in Bell v Tavistock in the Court of Appeal

John McKendrick QC (instructed by John Holmes at Hempsons) acted for the First and Second Interveners in Bell v Tavistock And Portman NHS Foundation Trust [2021] EWCA Civ 1363. On 17 September, the Court of Appeal held that doctors can decide whether children under 16 can give informed consent to puberty blocker use. This judgment reverses the High Court ruling that individuals under 16 normally lacked the capacity to give informed consent to the treatment of puberty blockers, which delays the onset of puberty.The appeal was brought by the Tavistock Trust (supported by John’s clients), which has operated a Gender Identity Development Service for patients up to the age of 18 suffering from gender dysphoria since 1989. The Court of…

News 30 Sep, 2021

OTC Members give advocacy training at the DIFC Academy of Law

Members of Outer Temple will be providing advocacy training at the DIFC Academy for pupils completing the Common Law Advanced Advocacy Skills. The DIFC Academy of Law have launched this course for Emirati Advocates and other civil law trained lawyers, in-house counsel, and legal professionals seeking to diversify their skills and enhance their professional development. This will be the third edition of Advanced Advocacy Skills as part of the Certificate in Common Law, DIFC Laws & Courts Practice programme that Outer Temple has contributed to. From September to November 2021, members will be providing advanced advocacy classes. James Counsell QC and Justina Stewart will be teaching trial advocacy and witness handling and examination. John McKendrick QC and Chloë Bell will be teaching written submissions, oral…

News 17 Sep, 2021

Administrators, burials and costs – John McKendrick QC defends appeal against costs order by the successful party in burial dispute.

John McKendrick QC has been successful in defending a costs order appeal by the son of his client’s late husband after the judge departed from the general rule of awarding successful parties their costs in Algeilani v El Samawi [2021] EWCA Civ 997. Alex Cisneros provides a helpful case summary . The deceased’s son had succeeded in his claim exclusively by the introduction of a new argument. This new point was only raised following circulation of a draft judgment giving judgment against him. The judge reconsidered his judgment in light of this new point but, in the subsequent costs order, the judge decided to award costs only from the date he introduced the new argument. The judge also required the…

Legal Blog & Publications, News 17 Aug, 2021

From Trump to Biden: Whither US Sanctions Policy?

With a new administration, John McKendrick QC and Sophie O’Sullivan consider what effect this key shift in US values will have on its sanctions policy. From his inaugural address in January 2021 calling for “unity not division”, President Biden has already sought to characterise his Administration as one which will embrace multilateralism and global co-operation. Biden’s promise that the USA “will repair our alliances and engage with the world once again” was both a declaration of his own political ideology and a clear rejection of his predecessor’s core mantra and foreign policy (or lack of) model of ‘America First’. What effect will this key shift in US values have on its sanctions policy? In this article, John McKendrick QC and…

Legal Blog & Publications, Commercial, News 11 Mar, 2021

Outer Temple’s growing International Organisations Law Team

Members of the OTC International Organisations Team have been instructed in several high profile cases this year, including Sanctions Law disputes and cases before the World Bank Administrative Tribunal, United Nations Appeals Tribunal, United Nations Dispute Tribunal and European Bank for Reconstruction and Development Administrative Tribunal. But what exactly is International Organisations Law? How many international governmental organisations (“IOs”) exist today? This seemingly straightforward question has kept academics, researches and practitioners busy mostly because nobody knows for certain.  There are, on any view, hundreds of IOs: the Oxford Handbook of IOs puts the figure at more than a thousand while Murdoch University in Australia settles on around 800.  Some commentators are of the view that the figure is closer to…

Legal Blog & Publications, News, International, International 18 Dec, 2020

Lissack and Horlick on Bribery and Corruption: Latin America and the Caribbean

John McKendrick QC authored chapter 24 of Lissack & Horlick on Bribery and Corruption. John’s new chapter focuses on the scale of corruption in Latin America and the Caribbean and the major challenges it presents. As part of a serialisation of chapters that members of Outer Temple contributed to in this latest edition, the authors have been summarising their chapters every week. The scale of corruption, and the major challenge it presents to all aspects of Latin American and Caribbean society, have increasingly moved to a dominant, indeed, overwhelming centre stage in public discourse in recent years. Latin America An incessant number of scandals have emerged. The largest has been the “Car Wash” scandal (“Lava Jato”) which began in Brazil…

Business Crime, Legal Blog & Publications, News 2 Dec, 2020

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