News & Events

John McKendrick KC

Publication of the Third edition of Lissack and Horlick on Bribery and Corruption

We are delighted to announce that the Third edition of Lissack and Horlick on Bribery and Corruption has been published by LexisNexis Butterworths. The practitioner’s book was edited by Fiona Horlick QC and Richard Lissack QC, and was contributed to by a number of Outer Temple members. In 2010, the UK’s law on bribery changed from a collection of ancient statutes, distorted in some cases by contradictory authority, to a single statute often regarded as one of the most rigorous, and wide-ranging in application, in the world. Since coming into force in 2011, numerous prosecutions were brought on the basis of the Bribery Act as well as five of the eight deferred prosecution agreements reached in the UK to date. It…

External Publications 30 Sep, 2020

Announcement of plans for synthetic LIBOR: panacea or pandora’s box?

John McKendrick QC, Justina Stewart and Chloë Bell write in the latest edition of the Journal of International Banking & Financial Law on potential public law implications of the UK Government’s plans for synthetic LIBOR to address tough legacy contracts. Plans announced in June 2020 to give the FCA enhanced powers to tackle “tough legacy” LIBOR contracts using “synthetic LIBOR” are intended to apply to a “narrow pool” of contracts.  It is still unclear how such contracts will be defined, whether the pool will in fact be narrow and how precisely the legislation and enhanced FCA powers will operate in relation to such contracts. The reality, however, appears to be the imposition of synthetic LIBOR on parties to “tough legacy”…

News 1 Sep, 2020

Watch the Webinar; Litigation Friends – Where are we now?

Speakers from Outer Temple Chambers were delighted to be joined by The Rt Hon Sir Ernest Ryder and Sarah Castle for a webinar looking at the current and future role of litigation friends. Watch the full webinar here. The role of a litigation friend for those who lack capacity is changing rapidly and at Outer Temple Chambers, members have experience ranging from the parole board to private client cases, far beyond the traditional scope of clinical negligence, personal injury, professional negligence and Court of Protection work. To explain these developments and what it may mean for the future, our panel of experts was led by The Rt Hon. Sir Ernest Ryder who, as Senior President, has made a major contribution…

Webinars & Recordings 3 Aug, 2020

John McKendrick QC and Alex Haines appointed to prestigious multilateral development bank roles 

The Caribbean Development Bank (“CDB”)  has appointed John McKendrick QC to the role of Sanctions Appeals Officer and Alex Haines to the role of Sanctions Officer. The Caribbean Development Bank The CDB is a regional financial institution, established by an Agreement signed on 18th October 1969, in Kingston, Jamaica. The CDB came into existence for the purpose of contributing to the harmonious economic growth and development of member countries in the Caribbean, and promoting economic cooperation and integration among them. It is headquartered in Barbados. It has 19 borrowing members countries and is supported by 9 non-borrowing member countries, including the United Kingdom. The CDB’s Office of Integrity of Integrity, Compliance and Accountability (“ICA”) supports and reinforces institutional integrity within…

News 23 Jul, 2020

Watch the Webinar: Cryptoassets and Smart Contracts, in collaboration with Oxford University Deep Tech Dispute Resolution Lab

Outer Temple Chambers collaborated with the Oxford University Deep Tech Dispute Resolution Lab to present a webinar on Cryptoassets and Smart Contracts on Wednesday 8th July. Speakers Chair: Dr Mimi Zou (Fellow of St Hugh’s College, Oxford University, Oxford Deep Tech Lab) John McKendrick QC (Outer Temple Chambers) Chloë Bell (Outer Temple Chambers) Jeremy Scott-Joynt (Outer Temple Chambers) Hin Liu (Legal Advisor Fusang, DPhil Candidate Oxford University Law Faculty, Oxford Deep Tech Lab) Topics included The fundamental legal foundations for cryptoassets and smart contracts in modern legal systems. What aspects of the technology surrounding cryptoassets, smart contracts and blockchain regulators need to understand in order to regulate these areas effectively. The potential for business crime involving crypto and smart contracts.…

Webinars & Recordings 17 Jul, 2020

Webinar Invite – Litigation Friends: Where are we now?

Outer Temple invites you to a webinar on Litigation Friends, with Gerard McDermott QC, Will Young and Katarina Sydow.  Members of Outer Temple Chambers will provide an update on Litigation Friends on Wednesday 29th July at 12pm. The panel will be chaired by John McKendrick QC. Key Note Speaker: Rt. Hon. Sir Ernest Ryder Guest Speaker: The Official Solicitor, Sarah Castle Webinar Details Date: Wednesday 29th July 2020 Time: 4:30pm via Zoom To book a place at this webinar please register here. Click here to book your place now

Events 7 Jul, 2020

When do Family Courts and the IAC have discretion to risk assess female genital mutilation?

The Court of Appeal clarifies the relationship between the Family Courts and the Immigration and Asylum Chamber in assessing the risk of female genital mutilation. John McKendrick QC and Claire van Overdijk represented the Secretary of State for the Home Department (SSHD) in the recent case of Re A (A Child) [2020] EWCA Civ 731, which raised an issue of importance concerning the relationship between the jurisdiction of the Family Courts and the First Tier Tribunal of the Immigration and Asylum Chamber (IAC) and the overlap that exists when the risk of FGM is assessed for the purposes of a decision in each of those jurisdictions. The Court of Appeal confirmed that when the Family Court considers an application for…

News 19 Jun, 2020

Webinar: Cryptoassets and Smart Contracts, in collaboration with Oxford Deep Tech Lab

Outer Temple invites you to a lunchtime webinar on Cryptoassets & Smart Contracts, presented by Dr Mimi Zou and Hin Liu of Oxford University Deep Tech Lab and John McKendrick QC, Chloë Bell, Jeremy Scott-Joynt. Members of Outer Temple Chambers will collaborate with the Oxford University Deep Tech Dispute Resolution Lab to present a webinar on Cryptoassets and Smart Contracts on Wednesday 8th July at 12pm. Topics The fundamental legal foundations for cryptoassets and smart contracts in modern legal systems. What aspects of the technology surrounding cryptoassets, smart contracts and blockchain regulators need to understand in order to regulate these areas effectively. The potential for business crime involving crypto and smart contracts. Speakers Chair: Dr Mimi Zou (Fellow of St Hugh’s…

Events 12 Jun, 2020

John McKendrick QC acts for the Official Solicitor in the Administrative Court

John McKendrick QC was instructed to represent the Official Solicitor in her capacity as statutory office holder in the recent case of EG v Parole Board and Others. The Official Solicitor occasionally, but rarely, acts as office holder rather than litigation friend before the courts. Mrs Justice May was required to determine the consequences of the uncertainty of how an incapacitated prisoner could pursue his appeal before the Parole Board without an accredited representative or a litigation friend. The EHRC, Law Society, Lord Chancellor and the Official Solicitor were added to the proceedings. Mrs Justice May interpreted the 2019 Parole Board Rules to permit the appointment of litigation friends and found EG had been the subject of a violation of…

News 10 Jun, 2020

Sanctions Law Latest: Article 5 of Blocking Regulation tested for first time at the ECJ

In March 2020, the European Court of Justice was asked, for the first time, for the proper interpretation of Article 5 of the Blocking Regulation in the case of Bank Melli Iran v Telekom Deutschland GmBH.  John McKendrick QC and Alex Haines examine the Bank Melli case and Blocking Regulation below.   The Background On 28th November 2018, after US secondary sanctions on Iran came back into force earlier that month, the Hamburg District Court granted an interim injunction in Bank Melli Iran v Telekom Deutschland GmBH 319 O 265/18 on the basis of the EU Blocking Regulation (Council Regulation (EC) No 2271/96). The court ordered Deutsche Telekom, the defendant, to reinstate internet and telephone services to the claimant, Bank Melli Iran, after it had stopped services…

Legal Blogs 3 Jun, 2020

Outer Temple Team Act in High Value LCIA Virtual Arbitration

John McKendrick QC, Nicholas Johnson QC and Alex Haines were instructed on behalf of the Respondent in an international commercial dispute worth over £115 million. Between January and April 2020, John McKendrick QC, Nicholas Johnson QC and Alex Haines were instructed on behalf of the Respondent in an international commercial dispute worth over £115 million. The dispute was between two parties in a former Soviet Republic, involving high value commodities. The arbitration took place under LCIA Rules and John and Alex represented the respondent at the hearing, which took place virtually. One witness was cross-examined from his overseas location and the legal representatives and Tribunal all participated remotely. The team successfully reduced the respondent’s liability to less than 50% of what…

News 26 May, 2020

John McKendrick QC represents GP in Skype-only trial

John McKendrick QC is representing a GP in a trial conducted solely over Skype in response to the Covid-19 pandemic. The Law Gazette stated that this is a legal first… Lawyers have stated this could be a model way to ensure court business continues during the Covid-19 pandemic. Mr Justice Mostlyn decided that the hearing should be conducted over Skype to enable it to proceed without risking the health of any of the participants, some of who are in vulnerable groups or live with people who are. John represented the GP of a man in his 70s who suffered a major stroke in 2016 in the Court of Protection case. The trial will decide whether it is in his best…

Covid-19 19 Mar, 2020

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