News & Events
News & Events
Outer Temple Chambers is delighted to welcome Practice Director Sam Carter to our business team. Sam Carter joins the practice management team today, with responsibility for our commercial and international teams. With a wealth of experience in international ADR, he will be taking a particular interest in driving forward our thriving international arbitration team. Sam has been clerking for over 15 years, and previously worked with the business team at Outer Temple so already knows the team well. He has spent the last few years in senior clerking roles and was most recently Managing Director of an international arbitration set, focusing on alternative dispute resolution on a global scale. He has worked with clients throughout London and Europe, US and…
News 4 May, 2021
In the first of this mini-series of ‘Outer Temple Talks; Brexit’ vlogs, Helen Pugh and Dan Clarke discuss the impact of Brexit on jurisdiction in contract claims. Brexit impacts many aspects of the legal system. Members of Outer Temple Chambers have produced a series of short vlogs discussing some of the key issues, from commercial considerations to changes in travel and international injury law. In this episode, Helen and Dan look at the impact of Brexit from a commercial point of view. As far as civil and commercial jurisdiction is concerned, there was a ‘hard’ Brexit with the UK falling out of Brussels 1A regime. Helen and Dan look at the implications for claims in contract. A discussion about jurisdiction This vlog covers: Provisions of Brussels…
Webinars & Recordings 30 Apr, 2021
Following the release of The Legal 500 EMEA 2021 results, Outer Temple is proud to announce that several of our members have been ranked in the Middle East Guide for commercial law. Outer Temple has also been recognised as a Recommended Set of Chambers for commercial law. These rankings reflect our competency in providing expert advisory and advocacy services and facilities for our contract and commercial, financial, regulatory, taxation and trusts, employment and arbitration work in the UAE and across the Middle East. As the first and only set of barristers’ chambers to registered office within the Dubai International Financial Centre (Part 1), members have had a busy year working with DIFCA and the Dubai Financial Services Authority. The Legal…
News 16 Apr, 2021
Andrew Spink QC of Outer Temple Chambers and Hin Liu of Oxford University were recently invited to join the Tech Dispute Network’s “Need to Know Basis” podcast for an episode on the topical question of the legal basis on which cryptoassets are held on behalf of investors by intermediaries, such as exchanges. It seems like everyone is a cryptoasset investor these days. The surging value of Bitcoin, increased legitimacy leant to the sector by the recommendations from established institutions, and the long hours the world has spent in front of its laptop without alternative distraction has created a booming market for digital assets, which has expanded beyond cryptocurrencies such as Bitcoin and led to mainstream adoption of formally niche products like…
News 1 Apr, 2021
Jennifer Seaman has prepared a case note on the recent Court of Appeal case of PricewaterhouseCoopers LLP v BTI LLC 2014, covering abuse of process in professional negligence proceedings. On 11 January 2021, the Court of Appeal handed down its judgment in PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9. One of the issues the Court of Appeal was asked to consider was whether there was an abuse of process by BTI in bringing professional negligence proceedings against PwC, by way of collateral attack on an earlier decision of Mrs Justice Rose. Jennifer Seaman explores the Court of Appeal’s judgment on abuse of process and highlights some practical points to be taken from the case. Jennifer’s article can be read…
Legal Blogs 11 Mar, 2021
Clare Baker summarises the judgment from the Supreme Court in FCA v Arch Insurance (UK) Ltd and others [2021] UKSC 1 and explores the next steps for policyholders. In the last edition of this newsletter, Clare Baker discussed the High Court’s judgment in the business interruption insurance test case brought by the FCA on behalf of policyholders affected by the COVID-19 outbreak which can be read here. The judgment was broadly favourable to the FCA (and therefore policyholders) although it did not find that the defendant insurers were liable across all of the sample policy wording. Both sides appealed parts of the judgment using the “leapfrog” procedure and the Supreme Court heard the appeals from 16-19 November 2020 by video…
Legal Blogs 11 Mar, 2021
Anson Cheung provides a brief guide to the way that trial witness statements will be prepared as a result of the new Practice Direction 57AC. The new Practice Direction 57AC comes into force on 6 April 2021. It concerns witness statements for use at trials in the Business and Property Courts signed on or after 6 April 2021. This will involve a fundamental re-think to how such witness statements are produced. The Purpose of Practice Direction 57AC The judges of the Commercial Court felt that witness statements had become “ineffective” in achieving best evidence at proportionate cost in Commercial Court trials. In other words, witness statements were too long, sometimes strayed into submissions and were rarely in the witnesses’ own…
Legal Blogs 11 Mar, 2021
In this vlog, Stephen Butler and Teresa Rosen Peacocke discuss the implications of a recent Court of Appeal judgment covering the jurisdiction of the English Courts to make orders in support of foreign arbitration proceedings. Teresa Rosen Peacocke successfully represented the appellant. Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk or senior barrister and a junior in chambers about a recent case, piece of legislation or other topical areas of commercial law. Teresa Rosen Peacocke is an eminent barrister with 40 years experience and successfully represented the appellant in the case of A and B v C, D and E. A and B v C, D…
Webinars & Recordings 11 Mar, 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
In this article, Peter Linstead considers the use of applications for orders permitting a search of a defendant’s computers and electronic devices, including why they are useful and also their limitations. Applications for orders permitting a search of a defendant’s computers and electronic devices are routinely sought in cases involving employee competition and claims based on the misappropriation of IP. This is commonly at the outset of proceedings, in tandem with an interim injunction application. The High Court has been receptive to these applications in the last few years, to varying degrees. This article considers the reasons for, and the limits of, these applications, including a recent pronouncement on the relevant principles by the Court of Appeal. Peter’s article can…
Legal Blogs 11 Mar, 2021
Andrew Spink QC and Helen Pugh signpost the potential impacts of the Pensions Scheme Act 2021 on restructurings. The Pension Schemes Act 2021 (‘the Act’) addresses a number of critical areas concerning pensions, and importantly brings about a number of significant changes. The focus of this briefing note is upon 4 key areas relevant to restructurings: The creation of two new criminal offences with penalties of up to 7 years’ imprisonment and an unlimited fine; Mirror civil liability with penalties of up to £1m; The expansion of the existing contribution notice/ moral hazard powers of the Pensions Regulator (‘TPR’); The expansion of notification requirements for certain corporate activity. Whilst the Act received Royal Assent on 11 February 2021, it is…
Legal Blogs 10 Mar, 2021
We are delighted to announce that Anthony Lo Surdo SC has been appointed by the Attorney-General of New South Wales as a part-time Senior Member of the New South Wales Civil and Administrative Tribunal. Anthony was appointed to this position in December 2020 and is assigned to the Commercial and Consumer Division of the Civil and Administrative Tribunal. WHen required, he will also sit on the Appeal Panel. It is a statutory appointment under the Civil and Administrative Tribunal Act, 2013 (NSW) and is effective from 1 February 2021. New South Wales Civil and Administrative Tribunal’s Consumer and Commercial Division resolves a wide range of disputes including tenancy disputes, home building claims, consumer claims, motor vehicles and retail leases. Internationally,…
News 19 Jan, 2021
