News & Events
News & Events
Chaitanya Kediyal successfully acted for the Second and Third Respondents in the case of Rainer Hughes v Liverpool Victoria Insurance Co Ltd [2024] EWHC 585 (KB). This case covers wasted costs applications against legal representatives, and the perils of failing to translate witness statements and pleadings in civil litigation. The High Court had the opportunity to provide guidance on the procedure to deal with, and the substance of, wasted costs applications made at the end of a substantive hearing. This was in the context of proceedings struck out due to a failure to translate witness statements and pleadings. This judgment will be of significance to all practitioners dealing with clients who are not sufficiently fluent in English, as well as…
News 27 Mar, 2024
Jeremy Scott-Joynt analyses the powers of CPR 71 proceedings and its importance in his recent Court of Appeal case, Westrop v Harrath. Civil courts can do lots of things. They decide whether a deal is really a deal. They tell people which parent they get to live with. They decide if someone’s been discriminated against, or wrongly kicked out of their job. Or if a public body has done its job right. Mostly, though, they decide who owes whom – and how much. And when a court has decided someone owes you, you’re going to want them to pay up. No surprise, then, that a sizeable chunk of the Civil Procedure Rules deals with how – if you’re a judgment…
News 3 Jan, 2024
David E. Grant KC and Justina Stewart will be speaking at the TL4 Corporate Disputes 2023: Providing Essential Updates on Key Trends and Lessons Learned from Recent and Ongoing Corporate Cases on 22nd and 23rd November 2023. David E. Grant KC and Justina Stewart of Outer Temple Chambers will be speaking at the two day TL4 Corporate Disputes 2023 on Wednesday 22nd and Thursday 23rd November at the Dilly, London. Talk One: ‘The Role of Derivative Claims in Assessing Director Liability’. David E. Grant KC will be part of a panel on 22nd November with Shonna Coffer of Mishcon De Reya, and Matthew Wescott of JMW Solicitors at The Dilly, London on the topic of ‘The Role of Derivative Claims…
News 16 Nov, 2023
Outer Temple Chambers is delighted to welcome Joshua Ray, a US/UK qualified barrister, to its International Team. Joshua Ray joined Outer Temple in September as a Professional Associate, splitting his time between London and New York. He is a member of the UK Bar, New York State Bar and Washington State Bar, and specialises in Business Crime, Sanctions, International Arbitration and Commercial Litigation. He started his legal career at Weil Gotshal & Manges LLP in New York, moving to Kobre & Kim LLP in New York before moving to their London office and then joining specialist disputes firm CANDEY, where he remains a Partner. Josh is the founder and co-chair of the London Sanctions Advisors Association, an independent group pf…
News 4 Sep, 2023
Robert Rhodes KC will present a training session to leading Chinese lawyers on a six-day intensive course in Jesus College, Cambridge University. Robert Rhodes KC will be part of a team of lecturers in a six-day legal training programme for Chinese Lawyers from Duan & Duan Law Firm between 27th August and 1st September 2023. The training programme will highlight ‘Practical Issues for Trans-National Commercial Legal Practitioners’. Robert will be presenting an after-dinner address following the 8th session reflecting ‘Practical Aspects of Litigation in the UK’ on 29th August. He will also lead the morning session on 30th September in which he will cover ‘The Advantages of Mediation in Disputes Arising from International Commercial Contracts, and the Singapore Convention’ followed…
Events 21 Aug, 2023
Anyone involved in dealing with cyber incidents knows there are two types of organisations. Those that have been hit… and those that will. With this truth in mind, RWK Goodman has published a report detailing how organisations can prepare themselves: both in reducing the risk, and mitigating the impact. The report includes contributions from six experts in preparing for and dealing with cyber and data protection incidents. One of these is Outer Temple’s Jeremy Scott-Joynt, providing the investigative and litigation perspective. The report highlights how cyber security is not just an IT issue, but a business-critical one. It’s true that senior managers are now more alive to the challenges and risks of breaches, perhaps thanks to the significant media attention…
External Publications 11 Jul, 2023
Outer Temple Chambers is pleased to be part of London International Disputes Week (LIDW23) for a week long event from 15-19 May 2023 which will explore how the disputes community is, and should be, adapting to a changing world. Members of chambers will be presenting at four talks. With its theme: Adapting to a Changing World, LIDW23 will follow up on last year’s theme “Global, Sustainable, Ethical” and will feature a combination of a varied technical programme combined with the usual variety of social and networking events to enable participants to share ideas, to make new contacts and connections and to renew old acquaintances. Outer Temple Chambers’ barristers will collaborate with other experts and speakers for four talks during the event…
Events 11 May, 2023
Elaine Palser, instructed by Harold Benjamin, acted for the successful claimants in Connoisseur Developments Ltd and others v Koumis [2023] EWHC 855 (Ch). The claim was for breach of a joint venture agreement. Facts The claimants (a property development company and its directors) brought a claim against the executor of the estate of one of their fellow joint venturers for breach of a joint venture agreement to build flats. The executor counterclaimed for the return of the freehold property upon which the flats had been built. The dispute dated back many years and was complicated by the death of two of the joint venturers. A professional administrator had to be appointed to complete the joint venture pending resolution of various…
News 4 May, 2023
Barristers from Outer Temple will join the line up of speakers at the Commercial Bar Association Inaugural Gulf Meeting in Dubai on Thursday 23rd February. The Gulf Committee is pleased to announce that the COMBAR Gulf Meeting will take place in Dubai, on Thursday 23 February 2023. The meeting will involve an afternoon of seminars, with an emphasis on collegiate discussion between professionals across a number of jurisdictions, followed by a drinks reception in the evening. This event will consist of two panel discussions. Andrew Spink KC will act as Chair the first panel discussion on the topic of Digital Assets. Justina Stewart will then join the second panel to discuss Jurisdiction. David Russell KC, Philip Punwar, Sean Yates and Stephen Doherty…
News 21 Feb, 2023
Outer Temple’s Lydia Seymour analyses the recent decision in CRAFT v POPE. Directors’ Duties – remedies when property is taken in breach of duty. Lydia Seymour, who was instructed by Hugh James, acted for the successful Claimant in CRAFT (Ceredigion Recycling and Furniture Team), an important Chancery Division decision on remedies in cases involving misappropriation of company assets by Directors. This is a useful decision on how remedies should be determined in a situation in which company directors have wrongfully converted company property to themselves—should the property simply be returned in full, or is it open to the directors to argue that they should have credit for sums that they would have received had they acted in accordance with their duties? In this…
Legal Blogs 26 Sep, 2022
The Court of Appeal has just handed down judgment in Dwyer (UK Franchising) Ltd v Fredbar Ltd & Bartlett [2022] EWCA Civ 889 in which David E. Grant QC and Anson Cheung appeared for the successful respondents. This is the most detailed consideration yet by the courts of the enforceability of post-termination restrictions in franchise agreements. Background to the Appeal The First Respondent, Fredbar Ltd, was a franchisee of the “Drain Doctor” brand licensed by the Appellant, Dwyer, which claimed to be the UK’s largest full-service network of emergency plumbing and drainage operations and part of the world’s largest home service franchise. Fredbar and the Second Respondent, Mr Bartlett (the sole director and employee of Fredbar and guarantor under the franchise agreement)…
News 30 Jun, 2022
Following David E. Grant QC’s previous instruction acting for the defendant in Dwyer (UK Franchising) Limited v Fredbar Limited [2021] EWHC 1218 (Ch), he will be appearing in the Court of Appeal leading Anson Cheung, on Tuesday 24th May. Details of the case The Claimant, Dwyer (UK Franchising) Limited, appeals paragraph 3 of the order of Jones J sitting as a High Court Judge at the Business and Property Courts dated 17 May 2021 by which he declared that the restrictive covenants contained in clauses 18.2.1.1, 18.2.1.2, 19.3.1 and 18.3.2 are unenforceable as between the Claimant and each of the Defendants to whom those sub-clauses apply and the Claimant’s claim for injunctive relief is dismissed. The Claimant is the franchisor…
News 23 May, 2022
