News & Events
News & Events
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 14 Nov, 2022
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 25 Nov, 2021
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 4 Nov, 2021
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,…
News 27 Oct, 2021
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
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
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…
News 17 Aug, 2021
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 Blogs 11 Mar, 2021
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…
News 18 Dec, 2020
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…
External Publications 2 Dec, 2020
In this latest ‘Ask a Silk’ vlog, Victoria Brown asks John McKendrick QC about a recent judicial review following the London Capital & Finance ‘scandal’. Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk and junior in chambers about a recent case, piece of legislation or other topical areas of commercial law. London Capital & Finance This vlog features one of our eminent silks, John McKendrick QC, and junior, Victoria Brown. From sunny Greece, John answers Victoria’s questions about the judicial review of the Financial Services Compensation Scheme’s (“FSCS”) decision that a significant chunk of LCF’s activities were not regulated, because their mini-bond products were not…
Webinars & Recordings 26 Oct, 2020
John McKendrick QC appears in the case of Re AB, to determine whether or not to accede to a mother’s application for the English courts to recognise a foreign protective measure in respect of her incapacitated daughter. In Re AB [2020] EWCOP 47 the Senior Judge of the Court of Protection, HHJ Hilder was required to apply Schedule 3 of the Mental Capacity Act 2005 (“MCA”) to determine whether or not to accede to a mother’s application for the English courts to recognise a foreign protective measure (a guardianship order made by the New York courts) in respect of her incapacitated daughter. The judge surveyed the case law and statutory provisions and concluded that recognition of the guardianship order would…
News 20 Oct, 2020
