News & Events
News & Events
Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact is enormous but the pandemic will also have profound short and long-term economic effects. Andrew and Saaman of summarise how contractual obligations may be affected by the pandemic and the measures taken to quell it. This note will look at some key elements in construing Force Majeure (“FM”) clauses, Article 82 of the DIFC Contract Law 2004 (“Article 82”), and common law frustration before considering MAC clauses Read the full guidance…
News 1 Apr, 2020
Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it. Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact of Covid-19 is enormous but the pandemic will also have profound short and long-term economic effects. In response to various enquiries over the last few days, Andrew and Saaman have constructed a guidance note looking at some key elements in construing Force Majeure (FM) clauses and the common law doctrine of frustration before considering Material Adverse Change (MAC) clauses. Whether Covid-19 and the global response to it fall within FM or MAC…
News 30 Mar, 2020
In response to the continued public concern over CoVid-19, Daniel Barnett, a leading employment barrister at Outer Temple Chambers co-presented a Q&A on the implications of coronavirus on employment law on LBC Radio. The Virus Coronavirus has put Italy in lockdown and dominated the UK Government agenda in recent days. Those infected may only display flu like symptoms. However, it is potentially lethal for those with weaker immune systems and is highly contagious. The ease at which it is spreading across the world has caused panic and many businesses have been severely affected by the number of people being advised to self isolate. Employment Law Q&A Daniel is a leading authority on employment law and was invited to answer a number…
News 10 Mar, 2020
Chambers & Partners have released their Global Guide and we are proud to announce that three of our members appear as global leaders in Dispute Resolution (Commercial Chancery and Commercial). Chambers Global ranks the top lawyers and law firms in over 200 jurisdictions across the world. The rankings are based on the in-depth research by their dedicated and experienced team of researchers. They provide reliable recommendations, which ensures that clients are able to make an informed decision when instructing barristers and other legal professionals. Dispute Resolution: Commercial Chancery – UK Nicolas Stallworthy QC Nicolas Stallworthy QC has yet again been recognised by Chambers & Partners. This year Nicholas has been ranked in Band 4 and is described as a well-liked…
News 6 Mar, 2020
Tim Aron recently represented Bitfinex in AA v Persons Unknown [2019] in a landmark Bitcoin judgment which recognised Bitcoin as property under English law. In proceedings following hacking and encryption, the court permitted a claimant insurer to be anonymised, granted their application for a private hearing and granted a proprietary injunction against all four defendants. The Commercial Court has allowed a private hearing of an insurer’s application for injunctive relief in proceedings following system hacking and payment of a ransom in Bitcoin. Bryan J was satisfied that CPR 39.2(3)(a), (c), (e) and (g) applied. Publicity would defeat the object of the application as it may alert those in possession of the bitcoin and enable them to dissipate the property. There…
News 27 Jan, 2020
We are delighted to announce that Justina Stewart, Nick Johnson QC and Sophie O’Sullivan have joined Outer Temple Chambers, providing strong additions to our Commercial and Business Crime teams. Justina Stewart is a commercial and chancery barrister, with a particular focus on banking, financial services, regulatory, company, insolvency, civil fraud and business crime, and related professional negligence. Justina works in the UK and internationally. Ranked as a Leading Junior in Banking and Finance and Insolvency, Justina has been described in the directories as “a force to be reckoned with” who is “far more financially literate than most barristers”. Before coming to the Bar, Justina was an international investment banker, working with top-ranked corporate finance teams on complex transactions, predominantly in…
News 29 Nov, 2019
Outer Temple welcomes Elaine Palser who joins us as a new member of Chambers this week. Elaine has an extensive commercial and chancery practice, with a strong emphasis on contentious probate, trusts, insolvency, and related professional negligence. Ranked in several independent legal directories, Elaine is described as: “an excellent advocate”, “technically superb”, “very good with clients”, “a team player”, and “a seasoned legal gladiator” (Legal 500). Elaine is recommended as a Leading Junior for Insolvency and Private Client: Trusts and Probate. She has won several awards, including: Contentious Trusts and Probate Lawyer of the Year 2016 and 2017 (Women in Law awards) and Commercial Disputes Barrister of the Year 2015 (the Lawyer Monthly awards). With degrees in both law and…
News 3 Jun, 2019
John McKendrick QC is speaking at one of the largest gatherings of lawyers from the Commonwealth, organised by the Commonwealth Lawyers’ Association. The 21st Commonwealth Law Conference 2019 is taking place for the first time in Livingstone, Zambia during the week of 8 April, with the theme of “The Rule of Law in Retreat? Challenges for the Modern Commonwealth”. John will speak at two sessions: ‘Developments in Appellate Advocacy’ and ‘Regulation of Competition law’. Other speakers at the event include the Lord Chief Justice, the Lord Justice Clerk and the Secretary General of the Commonwealth. The conference will be opened by the President of Zambia on Tuesday 9 April. John is qualified in four Commonwealth jurisdictions and, as a former…
News 8 Apr, 2019
We are delighted to announce the successful recruitment of four new barristers to our ranks. As of Monday, 8th April 2019 we extend a warm welcome to: Louis Weston Louis Weston, top-ranked sports law specialist and regulatory law barrister joins us from 3 Paper Buildings as a full Member of Chambers. Louis was the recipient of the 2017 International Advisory Experts Award: Sports Law Lawyer of the Year in England and has a thriving Sports Law practice. He prosecutes before the British Horseracing Authority, the Greyhound Board of Great Britain, the Turf Club, the World Professional Snooker and Billiards Association and before other arbitral bodies. He acts before both courts and regulators in disputes arising from sports contracts and doping…
News 5 Apr, 2019
Oliver Powell and Saaman Pourghadiri have joined with Andrew Thornton-Dibb of McGuireWoods London LLP to examine how the use of legal professional privilege has developed during 2018 and, in particular, how the law impacts on the practice of conducting international investigations. Click here to read the article. Oliver is ranked in both Chambers and Partners (UK) and The Legal 500. He undertakes instructions that involve the regulation of business activity and commerce. His practice encompasses: asset forfeiture and civil recovery; bribery and corruption; commercial fraud; corporate investigations; financial wrongdoing; and sanctions. He is routinely instructed in matters with an international element, and usually cases involving allegations of dishonesty, sharp practice or breach of trust. He is a Barrister of the…
News 23 Nov, 2018
Farhaz Khan has been listed by Chambers Global 2018 as a leading barrister for Dispute Resolution: Commercial Chancery. Chambers Global states that Farhaz is “[a] junior with a growing commercial chancery practice. Sources highlight his technical ability and hard work”, and that he is “[r]eally developing a practice as a technically thorough lawyer. He’s incredibly hard-working, thoughtful and determined to make a success of his career.” Farhaz was first listed by Chambers Global in 2016. He is also highly ranked by Chambers & Partners UK, in five areas: Banking & Finance, Commercial Chancery, Commercial Dispute Resolution, Financial Services, Pensions. Farhaz’s profile can be viewed here.
News 19 Feb, 2018
The ADGM Court (Judge Sir Andrew Smith) handed down its first judgment in Afkar Capital Limited (C) v Fikry (D). C, an investment firm regulated by the FSRA, applied for an interim declaration that the minutes of a board meeting and resolutions made at the meeting purporting to appoint a new director and CEO were validly made. The ostensible purpose of the interim declaration was to persuade the regulatory authorities to approve the appointments. The application was made in reliance upon the ADGM companies Regulations 2015 (which closely follows the scheme of the 2006 act). D, a director and then CEO of C who had attended the board meeting, challenged the accuracy of the minutes and the validity of the resolutions.…
News 4 Dec, 2017
