News & Events

Joshua Cainer

DIFCA announces landmark New Digital Assets Law, New Law of Security and Related Amendments to Select Legislation

DIFCA announces landmark New Digital Assets Law, New Law of Security and Related Amendments to Select Legislation

Outer Temple Chambers’ digital assets, and banking and finance experts advised the DIFCA on innovative new laws on Digital Assets and secured transactions in September 2023, which have now been enacted. The new Digital Assets Law is considered to be ground-breaking as it is the first legislative enactment to comprehensively set out the legal characteristics of digital assets as a matter of property law, to provide for how digital assets may be controlled, transferred and dealt with by interested parties and to introduce an impairment regime that addresses the unique characteristics of digital assets. The new Law of Security is influenced by the UNCITRAL Model of Secured Transactions and significantly enhances DIFC’s securities regime to keep pace with international developments…

News 14 Mar, 2024

We are delighted to announce that our Technology, Data and Crypto team have been awarded Set of the Year at the Legal 500 Bar Awards 2023.

Outer Temple Chambers awarded Technology, Data and Crypto Set of the Year at Legal 500 Awards

We are delighted to announce that our Technology, Data and Crypto team have been awarded Set of the Year at the Legal 500 Bar Awards 2023. The Legal 500 Bar Awards took place on Tuesday 3rd October 2023 at London Hilton, Park Lane. Andrew Spink KC, Justina Stewart and Sam Carter attended the awards evening and proudly accepted the award for Technology, Data and Crypto Set of the Year. The awards are determined on The Legal 500’s market-leading independent research, conducted by over 20 in-house and freelance researchers with in-depth knowledge of their practice areas for the annual directory. Winners are selected by a judging team spearheaded by Bar editor Will Tolcher, deputy Bar editor Charlotte Meredith, and publishing director…

News 4 Oct, 2023

On 27 September, the DIFC published Consultation Papers[1] on a new Digital Assets Law, new Law of Security and proposed amendments to a wide range of DIFC Laws.[2] See the DIFC’s press release here.

OTC team advises DIFCA on innovative new laws on Digital Assets and secured transactions

On 27 September, the DIFC published Consultation Papers[1] on a new Digital Assets Law, new Law of Security and proposed amendments to a wide range of DIFC Laws.[2] See the DIFC’s press release here. The proposed new laws and amendments constitute a first-of-its-kind approach to digital assets and secured transactions. The Consultation Papers and draft laws are the culmination of months of work by the DIFC Authority and a team of OTC’s digital assets and banking and finance experts: Andrew Spink KC, David Russell KC, Nicolas Stallworthy KC, Justina Stewart, Henry Reid, Joshua Cainer, Anson Cheung and Charlotte Elves alongside Hin Liu from Oxford University.  Key points: The work has involved extensive analysis of, not only academic literature and approaches…

News 2 Oct, 2023

The rise of digital assets and the FinTech team keeping it in check

The rise of digital assets and the FinTech team keeping it in check

With digital assets and technology constantly evolving, Outer Temple Chambers’ Fintech team take a look at their progress over the last year and the reasons they have been nominated by Legal 500 Bar Awards for best Team, best Silk and best Junior in this area. Worldwide appetite for digital assets and cryptocurrencies has exploded in recent years, with new cryptocurrencies and blockchain-based platforms continuing to develop at lightning speed. However, with new developments come new threats and the law is continuously evolving in response. Outer Temple Chambers has been at the forefront of these legal developments, in both an advisory capacity and in handling precedent setting disputes. The Fintech team takes a look at the past 12 months and the…

Legal Blogs 17 Jul, 2023

Joshua Cainer part of the UK Covid-19 Inquiry team – Module 1 hearings started this week

Joshua Cainer is instructed as Junior Counsel to the UK Covid-19 Inquiry set up to examine the UK’s response to and impact of the Covid-19 pandemic, and learn lessons for the future. UK Covid-19 Inquiry Chaired by Baroness Hallett, the UK Covid-19 Inquiry is a statutory public inquiry set up under the Inquiries Act 2005 to examine the UK’s response to and impact of the Covid-19 pandemic, and learn lessons for the future, across wide-ranging Terms of Reference. Joshua Cainer is instructed as Junior Counsel to the Inquiry for Module 1 as part of a counsel team led by Hugo Keith KC (Lead Counsel to the Inquiry) and Kate Blackwell KC. Module 1 of the Inquiry Module 1 of the…

Covid-19 15 Jun, 2023

The Law Commission’s ‘Digital Assets: Consultation Paper’ – Key Themes

Justina Stewart and Joshua Cainer identify seven key themes to take away from the Law Commission’s recently published ‘Digital Assets: Consultation Paper’. The Law Commission’s ‘Digital Assets: Consultation Paper’ is a masterful discussion of many key issues relating to digital assets. It comprises over 500 pages of legal analysis along with 47 questions for which the Law Commission has opened a period of consultation ending on 4 November 2022. It is also ideally timed – whilst the Law Commission’s proposals are only provisional (pending consultation), interest in, and disputes concerning, digital assets show no signs of abating. As practitioners continue to see an ever-increasing fallout from the so-called “crypto winter”, alongside gathering momentum on crypto-related fraud, margin call and mis-selling claims, much of…

Legal Blogs 28 Sep, 2022

UK Covid-19 Inquiry launches with OTC members on legal team

The UK Covid-19 Public Inquiry has now officially opened, headed by Baroness Heather Hallett who has appointed 50 junior Counsel to the legal team including OTC’s Paul Livingston and Joshua Cainer. Baroness Hallett launched the UK Covid-19 Inquiry on 21st July 2022 and opened its first investigation into the preparedness of the UK for a pandemic. Baroness Hallett also set out the timetable for the first 12 months of the Inquiry saying, “It’s time for facts, not opinions – and I will be resolute in my quest for the truth. The Inquiry is already gathering evidence and I will be holding public hearings next year.” The next 12 months sees Module 1 looking into the UK’s preparedness for a pandemic.…

Covid-19 29 Jul, 2022

Supreme Court

Brownlie II and pure economic loss – what next for jurisdiction in commercial cases?

The case of Brownlie II highlighted a number of jurisdiction questions. Joshua Cainer acted as a Junior on the case and takes a look at the implications of the decision on commercial law. Joshua Cainer considers some of the outstanding questions about jurisdiction in commercial cases relying on claims in tort following the Supreme Court’s decision in FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45, [2021] 3 WLR 1011 (‘Brownlie II’). Whilst that case concerned a claim for personal injury, it is likely to have effects on cases involving questions of private international law in a far broader range of practice areas, particularly commercial law. This is a case brought by Lady Christine Brownlie, both in her…

Legal Blogs 8 Apr, 2022

Supreme Court

Supreme Court dismiss appeal in FS Cairo (Nile Plaza) LLC v Lady Christine Brownlie

The Supreme Court has this morning dismissed the appeal of the Four Seasons hotel group, meaning that Lady Brownlie’s claims for personal injury and wrongful death arising out of the accident which killed her husband, Sir Ian Brownlie, in Egypt over 10 years ago, can proceed before the courts of England and Wales. The Court held by a majority (Lords Reed, Lloyd-Jones, Briggs and Burrows JJSC), that the jurisdictional gateway in tort claims pursuant to the civil procedure rules applies where a significant part of the damage is or will be sustained in England and Wales, notwithstanding initial or other damage also sustained outside the jurisdiction. It also held unanimously (Lord Leggatt JSC giving the main judgment on this issue)…

News 20 Oct, 2021

Webinar invitation: J2A – Limitation and concealment issues (Lloyds, Axminster and Canada Square)

You are invited to join the juniors at Outer Temple Chambers for the first of a brand new series of events; ‘Juniors to Associates’. The first event on 22nd July will focus on limitation and concealment issues. Outer Temple Chambers is delighted to inform you of a new programme of events specifically tailored to associate level legal practitioners. Juniors to Associates This new programmes, ‘Juniors to Associates’ (J2A), will consist of a range of lunchtime forums for Junior Barristers and Associate Solicitors. Juniors from Outer Temple will discuss topical issues and recent judgments likely to impact future litigation. Guests will then be invited to ask questions and share views and opinions on these topics in an open forum. Each event will be…

Events 19 Jul, 2021

Horseplay, affray and going astray – vicarious liability for intentional wrongdoing in the workplace

In a casenote for the Journal of Professional Negligence, Joshua Cainer analyses Chell v Tarmac Cement and Lime Ltd (QBD) on the extent of application of the second limb of the two-limb test for vicarious liability in cases of intentional wrongdoing, in the context of a personal injury claim resulting from a co-worker’s practical joke. Vicarious liability requires courts to apply a now well-established two-limb test and consider whether: (1) the relationship between the defendant and the primary wrongdoer was so close that it was capable of giving rise to vicarious liability; and (2) the connection between that relationship and the primary wrongdoing was close enough to impose liability on the defendant. Despite hopes to the contrary, following the Supreme Court’s recent decision in…

News 16 Jul, 2021

A Tale of Two Duties – Approaching SAAMCO and the Scope of Duty Principle after Manchester Building Society v Grant Thornton UK LLP and Khan v Meadows

Joshua Cainer compares Manchester Building Society v Grant Thornton UK LLP and Hughes-Holland v BPE Solicitors and considers the state of the law in this area going forward, as well as the key conceptual and practical differences that are likely to generate debate in future cases. The concept of ‘scope of duty’ in the tort of negligence, especially its application following Lord Hoffmann’s judgment in SAAMCO, has generated both controversy and confusion over recent years. Many had thought that Lord Sumption’s judgment in Hughes-Holland v BPE Solicitors was to be the definitive statement on the topic. However, the starting point in this area now lies in two very recent Supreme Court decisions in two different factual contexts: Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 in the…

Legal Blogs 24 Jun, 2021

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