News & Events
News & Events
Chloë Bell and Saaman Pourghadiri discuss the ‘Good Faith Problem’ in our latest commercial webinar. Chloë and Saaman examine case law surrounding the issue of good faith in commercial contracts. Chloë and Saaman discuss: Construction and Implication of Terms Good faith in Relational Contracts Negotiations in Good Faith Discretions What they are Identifying contractual discretions Intensity of court review Watch the webinar here: About the presenters Chloë Bell is regularly instructed in commercial and chancery matters. She has provided advice in a number of cases on the interpretation of contracts and has experience appearing led and as sole counsel in court on commercial matters, including acting on behalf of FXCM in the case of Shurbanova v FXCM [2017] EWHC 2133 which…
Webinars & Recordings 10 Nov, 2020
Clare Baker explores what the business interruption insurance test case, FCA v Arch, means for insurers and policyholders. On 15 September 2020, the High Court (Lord Justice Flaux and Mr Justice Butcher) handed down its judgment in the business interruption insurance test case brought by the FCA on behalf of policyholders affected by the COVID-19 outbreak. As part of the case, the Court was asked to determine the correct construction of certain business interruption policy terms by reference to a set of agreed facts. The Court had 21 lead policies to consider from eight insurers (Arch, Argenta, Ecclesiastical, Hiscox, MS Amlin, QBE, Royal & Sun Alliance and Zurich). The FCA estimated that in addition to the particular policies chosen for…
News 26 Oct, 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
Saaman Pourghadiri and Patrick Tomison consider termination clauses and good faith in their article entitled “When is the exercise of a termination clause restricted by an implied duty of good faith?” In this note, Saaman Pourghadiri and Patrick Tomison consider when the exercise of a termination clause could be restricted by an implied duty of good faith. The note considers the authorities which appear to suggest that termination clauses are special and ought to be unfettered. Saaman and Patrick then outline how such authorities might be overcome and the basis for doing so. Saaman and Patrick analyse the two principal obstacles to subjecting express termination clauses to an implied term. The full article can be read here. About the Authors…
Legal Blogs 25 Oct, 2020
Chloë Bell and Joshua Cainer consider cryptoasset litigation and the challenges that litigation with a foreign element present in their latest article entitled “Decrypting the Situs – Conflicts of Laws Challenges in Cryptoasset Litigation”. Litigation involving cryptoassets will frequently have a foreign element to it. Conflicts of laws rules will therefore be highly relevant to resolving such disputes. The article below focuses on, first, outlining what features of cryptoassets and distributed ledger technology (‘DLT’), the technology on which cryptoassets depend for their existence, give rise to difficulties in private international law. Secondly, it gives an overview of the key methodological questions which need to be resolved at the outset of an analysis of private international law issues. The third and…
Legal Blogs 25 Oct, 2020
Michael Uberoi explores where we are with contractual rectification in light of FHSC Group Holdings Limited v GLAS Trust Corporation Limited [2019] EWCA Civ 1361. It has now been a little over a year since Leggatt LJ (as he then was) gave the Court of Appeal’s judgment in FHSC Group Holdings Limited v GLAS Trust Corporation Limited [2019] EWCA Civ 1361, which altered the test for common intention when one party seeks to rectify a contract as a result of what it alleges was a mistake which was common to both parties. The (high level) test for rectification means any party must demonstrate (i) that the parties had a common intention, which (ii) by mistake was not recorded in the…
Legal Blogs 23 Oct, 2020
Tune in to LBC Radio at 9pm on Saturday evenings to hear Outer Temple’s Daniel Barnett present his brand new show, ‘The Legal Hour with Daniel Barnett’. Daniel has been known for the last 10 years as LBC’s legal expert, appearing regularly on ‘The Legal Hour with Clive Bull’ to discuss consumer rights, debt problems, employment law and neighbour disputes amongst other issues. Following the success of his appearances, Daniel has now been given his own Saturday evening show. During the show, Daniel will continue to provide general legal advice and thoughts to callers in order to help them navigate their way through legal issues that we may all face in day-to-day life. The Legal Hour with Daniel Barnett Good…
News 11 Sep, 2020
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
Outer Temple Chambers is delighted to announce that Anthony Lo Surdo SC has joined chambers as a Professional Associate, based in Sydney, Australia. Anthony joins our global team of legal experts and will enhance our existing presence in the Southern Hemisphere with his experience and impressive existing practice. He is qualified to practice across all states and territories of Australia as well as internationally. Anthony is a Senior Counsel practising primarily from 12 Wentworth Selborne Chambers in Sydney, Australia. He also practises from Lonsdale Chambers in Melbourne. He qualified as a barrister in 1996, following 9 years’ practice as a solicitor in leading Australian law firms and was appointed an SC, equivalent to QC, in 2011. He was also Head…
News 14 Aug, 2020
Elaine Palser has received a Lawyer Monthly Women in Law Award 2020 in recognition of her outstanding legal expertise and contribution in Commercial and Chancery Law. The Women in Law Awards celebrate and highlight the achievements of inspirational women in the legal profession around the world. Commenting on the Award, Elaine said: “I am delighted to have received an award which recognises the achievements of women in the legal profession. I am also fortunate to be a member of a chambers which is strongly committed to supporting women throughout their careers.” The 2020 Lawyer Monthly Women in Law Awards Winners Edition is available to read here. Find out more Elaine Palser has an extensive chancery and commercial practice with an…
News 4 Aug, 2020
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
Are cryptoassets ‘property’, how should the courts decide and why does it matter? OTC’s commercial team provide a commentary on David Ian Ruscoe and Malcolm Russell Moore v Cryptopia Limited. The judgment of the High Court of New Zealand in David Ian Ruscoe and Malcolm Russell Moore v Cryptopia Limited (in liquidation) [2020] NZHC 728 is the first fully reasoned judgment in the common law world on how cryptoassets should be characterised. That in itself is significant. However, the court’s judgment is also significant for its discussion and recognition of the profound policy and social implications of cryptoassets and their legal characterisation. A commentary on the case In this article Richard Hitchcock QC, Stephen Butler and Chloë Bell consider the importance of…
Legal Blogs 12 Jun, 2020
