News & Events
News & Events
Lydia Seymour recently acted for the successful Respondent in CRAFT v Pope & Others [2022] EWCA Civ 22, which considered the extent to which a company could subsequently challenge the decisions of sole Directors and Members to award themselves company property. CRAFT brought claims for breach of directors’ duties and breach of fiduciary duty against its former directors/members who had awarded themselves company property in circumstances in which the company’s constitution prevented distribution of its assets. The Defendants had asserted that they could not be in breach of any duty to the company because the interests of the company should be equated to the interests of the sole members/directors, and further that the company could not bring any claim in…
News 9 Feb, 2022
Outer Temple Chambers is delighted to welcome Henry Reid to our commercial law team. Henry Reid’s practice covers a wide array of commercial, chancery and financial services matters with an emphasis on commercial litigation, contentious and non-contentious financial services, regulatory investigations and banking law. A former pupil of Outer Temple, Henry returns to us after building a career in both legal services and financial services. He recently spent five years at Signature Litigation LLP, a specialist law firm handling major and complex litigation, arbitration and regulatory investigations. During his time there, Henry worked on a number of significant matters, most notably on disputes in the Commercial Court concerning civil fraud, banking and finance and professional negligence as well as advising…
News 11 Jan, 2022
Andrew Spink QC will join a panel discussion on recent developments and future trends in the regulation of cryptoassets. The webinar will be held on Thursday 7th October from 5.45pm to 7pm and is open to all FSLA members.The panel event will chaired by Charlotte Hill, head of Taylor Wessing’s UK Financial Services Regulatory group and will feature the following speakers: Andrew Spink QC, Outer Temple ChambersKatie Fry-Paul, Associate at Taylor Wessing LLPRichard Fox, Head of Markets Policy at the Financial Conduct AuthorityJannah Patchay, Director and Founder of Markets Evolution. The 1 hour webinar will focus on the latest developments, future trends and areas of concern in the fast evolving and increasingly important field of crypto-regulation. The webinar will be of interest…
Events 7 Oct, 2021
Judgment was handed down last week in the case of Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett [2021] EWHC 1218 (Ch). David E. Grant acted for the Defendants in this expedited trial on liability and injunctive relief between a franchisor and ex-franchisee. Judgment was handed down in this franchise dispute on 11 May 2021. The First Defendant was a franchisee of the “Drain Doctor” brand licensed by the Claimant, Dwyer (UK Franchising) Ltd, 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. The case raised issues of misrepresentation, undue influence, repudiatory breach, affirmation and the reasonableness of the post-termination restrictive covenants. The Defendants…
News 18 May, 2021
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 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…
Insights 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…
Insights 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…
Insights 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 11 Mar, 2021