News & Events

Commercial Litigation

Peter Linstead joins Outer Temple Chambers

Outer Temple is delighted to welcome Peter Linstead to our employment and commercial teams. Peter has built a strong following and has extensive experience in injunctions, complex employment tribunals and workplace stress personal injury claims. His instructions come from a wide range of solicitors and public bodies including city solicitors’ firms, banks, NHS Trusts and several local authorities. To read more about Peter’s expertise, please see this page.

News 4 May, 2017

Teresa Rosen Peacocke discusses US Specific Jurisdiction over Foreign Parties

Members of Outer Temple Chambers whose practices are closely connected to our New York office, advise solicitors and UK-based clients on their potential exposure to litigation in US courts. They also act for these clients to challenge claims that a US court has jurisdiction over them. In her most recent article, Teresa Rosen Peacocke discusses recent efforts by plaintiffs to expand the definition of specific jurisdiction (requiring a foreign defendant’s US activities to have given rise to the plaintiff’s claim) so that a defendant’s general activities can be linked to a claim on the basis of a ‘sliding scale’. One such case from California will be considered by the US Supreme Court this year. To read the full article, click…

News 21 Mar, 2017

Claire van Overdijk joins Outer Temple Chambers

We are delighted to announce that Claire van Overdijk has joined Chambers. Claire is a public law specialist and private clients (trusts and estates) barrister, with expertise in private international law. She was appointed to the Attorney General’s B Panel on 1 September 2016 following two years on the C Panel. Her extensive experience in mental capacity law and the Court of Protection has allowed her to establish a dual practice with specialisms in the health/welfare and property/financial affairs jurisdictions of the court. Claire is the first and currently the only practitioner at the Bar to date to be recognised as a leader in both areas of the COP’s jurisdiction and is a welcome addition to our Public law and Commercial &…

News 14 Mar, 2017

Oliver Powell instructed in multi-million pound Confiscation Hearing

Oliver Powell, led by Senior Treasury Counsel, was instructed by the Crown Prosecution Service in confiscation proceedings that emanated from convictions in relation to the sale of fake bomb detectors. On 23 April 2013 Mr McCormick was convicted of three counts of fraud contrary to s.7(1) FA 2006 and was sentenced to ten years imprisonment. Owing to the fact that Mr McCormick had benefitted from his criminal conduct the Court directed that there be confiscation proceedings. At the hearing this week, HHJ Hone QC ordered that the benefit of Mr McCormick’s offending amounted to a sum in excess of £21 million and that Mr McCormick had realisable assets totalling nearly £8 million. The realisable assets included a number of properties, motor…

News 17 Jun, 2016

Outer Temple’s business team at St Petersburg Legal Forum

Outer Temple Business Team members Andrew Spink QC, David Russell QC, Michael Bowes QC and Miranda De Savorgnani were joined on a panel at the St Petersburg Legal Forum by India’s Minister for Law and Justice, D. V. Sadananda Gowda. The panel examined the advantages of using specialist barristers in commercial litigation and arbitration and third party funding in such cases. Outer Temple has participated in several satellite legal events hosted by Russia’s RBC network, a large business media group. The events were centred around Case studies and practical aspects of Arbitration and Litigation, and were designed to showcase the ability and expertise of the UK Bar in leading bespoke international legal projects. For more details about the forum’s agenda click here.

News 23 May, 2016

David Pope joins Outer Temple Chambers

We are delighted to announce that David Pope has recently joined Outer Temple Chambers. David specialises in arbitration and commercial litigation, having considerable experience of arbitral proceedings under the ICC and LCIA rules. He is also a qualified mediator and is a welcome addition to our team. David acts among others, for and against banks, in disputes covering many aspects of retail and investment banking and in a large number of claims involving the alleged mis-selling of swaps and other interest-rate hedging products. Internationally, David acts in financial-services and in energy and telecommunications industries cases. He is also a Senior Visiting Fellow at University College London, teaching “Classical rhetoric and modern advocacy”.

News 20 Apr, 2016

Robert Rhodes QC on Bribery & Corruption at COMBAR North American Meeting

Outer Temple Chambers barristers recently participated in the 2016 COMBAR North American Meeting, which was held in Venice, Italy, from Thursday 31 March to Friday 1 April 2016. Robert Rhodes QC was part of the “Bribery & Corruption” panel session attended by the Lord Chief Justice Lord Thomas where Robert spoke about “adequate procedures” under the Bribery Act 2010. He emphasised that the important point of the session was to highlight that the detailed provisions of the UK Bribery Act cover any business that is incorporated in the UK or that carries on business in the UK, even if it is incorporated abroad. Robert also demonstrated that it is absolutely vital that all such businesses have an understanding of their…

News 3 Apr, 2016

John McKendrick QC in Guatemala

At the invitation of the United Nations, John addressed a major event in Guatemala City on 1 April 2016. He spoke alongside the Guatemalan minister for Government, Sr. Francisco Rivas, the British Charge d’Affaires, Mr Andrew Tate and various international experts. The purpose of the seminar was to strengthen Guatemalan efforts against illicit trade and to strengthen law enforcement organisations and the rule of law. John has worked across Latin America for many years and speaks Spanish.

News 2 Apr, 2016

John McKendrick succeeds in commercial regulatory strike out

John successfully acted for EDI Plc resisting an appeal against a decision to strike out and grant summary judgment against a counterclaim for damages in the case of DCAS Business School v EDI Plc [2013] EWHC 3378 (QB). At the relevant time EDI Plc was a private company that acted under a statutory scheme as quasi regulator of providers of national vocational qualifications. DCAS Business school, which purported to offer such qualifications, counterclaimed against EDI in breach of contract and in negligence for the manner in which EDI regulated DCAS’s business. DCAS claimed it had suffered significant financial loss. EDI applied to strike out the counter claim and sought summary judgment. This was granted. DCAS appealed to the High Court.…

News 11 Nov, 2013

Court of Appeal dismisses Barclays’ LIBOR appeal

The Court of Appeal (Longmore LJ, Underhill LJ and Sir Bernard Rix) today handed down its much anticipated judgment in Barclays Bank plc v Graiseley Properties Limited & Ors [neutral citation], which has been referred to as the Libor ‘test case’. The Court of Appeal dismissed Barclays’ appeal from the decision of Flaux J [2012] EWHC 3093 (Comm) by which the claimants, Graiseley (members of the Guardian Care Homes group), were granted permission to amend their claim to plead fraudulent LIBOR misrepresentation and LIBOR implied terms. Barclays argued that the LIBOR claims amounted to an “obligation to disclose one’s own dishonesty” which was a cause of action unknown to English law. Longmore LJ stated that this was “not wholly free…

News 8 Nov, 2013

Libor test case proceeds to the Court of Appeal

Graiseley Properties Limited & Ors (“Guardian Care Homes”) v Barclays Bank Plc [2012] EWHC 3093 (Comm) On 29th October 2012 The Hon Mr Justice Flaux gave the claimants permission to amend their claim to plead fraudulent misrepresentations arising from Barclays admitted involvement in Libor fixing (Tim Lord QC and Farhaz Khan acted for the Claimants). On 2nd April 2013 Barclays sought permission to appeal the Order of Flaux J. Lord Justice More-Bick gave Barclays permission to appeal on 22 April 2013. The matter will be heard by the Court of Appeal with the appeal from the judgment of The Hon Mr justice Cooke in Unitech Holdings Limited v Deutsche Bank. The test case will now be heard by Flaux J…

News 30 Apr, 2013

Commercial Court lists Libor ‘test case’

Graiseley Properties Ltd & Ors v Barclays Bank Plc (2012) On 29 October 2012 Flaux J gave the claimants, part of the Guardian Care Homes Group, permission to amend their claim to plead fraudulent misrepresentation / deceit and (by consent) a breach of Article 101 anti-competition law claim against the defendant, Barclays, arising out of the bank’s involvement in Libor fixing. The adjourned CMC was heard on 13 and 14 November 2012 (partly in camera): http://www.ft.com/cms/s/0/f8cc9992-2e6a-11e2-8f7a-00144feabdc0.html#axzz2CIkq4TNh. Farhaz Khan of Outer Temple Chambers (led by Tim Lord QC of Brick Court Chambers) acted for the claimants, instructed by Philip Young of Cooke, Young & Keidan LLP.

News 15 Nov, 2012

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