News & Events
News & Events
David Russell QC and Gabor Bognar have co-authored an article published in Trusts & Trustees, a leading international journal on trust law and practice. The article addresses the way in which English law is applied in the two financial free zones of the United Arab Emirates, the Abu Dhabi Global Market (‘ADGM’) and the Dubai International Financial Centre (‘DIFC’). Each jurisdiction has enacted legislation covering this issue. However, different means of achieving the objective have been chosen. The ADGM has adopted the common law of England on an ambulatory basis, but English statute law only to a limited extent and at a fixed date. In contrast, the DIFC has adopted the law of England as a general backstop. In this…
News 13 Jul, 2017
In this recent article recent article for Trusts & Trustees, Kate takes a look at the court’s role in assisting trustees and Re Beddoe orders (where second proceedings were characterised as charges and expenses, and leave to appeal not required). She begins by explaining Re Beddoe applications in general, outlining key procedural elements and sets out in which types of cases these applications are likely to be successful and then reviews the law relating to Re Beddoe applications and applications for directions in the UK, New Zealand, and Australia – and comments on the role that judges play in assisting trustee decision-making. According to Kate, the Re Beddoe application, which takes its name from the case Re Beddoe, “is a specific type of application…
External Publications 20 Jun, 2017
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
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
Andrew Spink QC and Saul Margo represented the Trustees of the Coats Pension Plan in regulatory proceedings brought by the Pensions Regulator against the Coats Group. The case raised novel issues concerning the interpretation of the legislation concerning Financial Support Directions and, in particular, the Regulator’s jurisdiction to conduct its own calculations in order to determine whether a scheme is insufficiently resourced. Following the exchange of Representations, the Regulator and the Trustees have achieved a settlement with the Coats Group that will protect the pensions of 24,000 scheme members in a deal described by John Ralfe (an independent pensions consultant) as “the most important” one that the Regulator has reached. This is the first settlement of such an action achieved…
News 20 Dec, 2016
David Russell QC co-writes an article for Trusts & Trustees, through which he thoroughly discusses the importance of the Supreme Court’s decision in Patel v Mirza. The co-authors, David Russell QC and Toby Graham, suggest that “apart from the implications of the decision in relation to the law”, its importance is also given by the influence of: the writings of academic commentators; the courts decisions in other common law jurisdictions; the European Community law; and the recommendations and reports of the Law Commission. Click here to read the full article.
News 12 Oct, 2016
’22 QCs on the hot employment law issues for 2016-17′ is a forthcoming equality, diversity and discrimination law conference, presented by an outstanding team of 22 top Queen’s Counsel. The event – described as a “unique one-stop conference for anyone advising on employment or discrimination law” – takes place on 29-30 September 2016 in London, and addresses key discrimination law topics likely to be of concern in 2016. Andrew Short QC is expected to give a talk on “Employment law and occupational pensions”. Andrew’s employment practice covers everything from complex or sensitive dismissal and discrimination cases through TUPE to high value contract, restrictive covenant, fiduciary duty and equal pay claims. He has lectured on pensions, discrimination and employment issues and is on…
News 18 Aug, 2016
On 27 June 2016, the High Court handed down an interesting (albeit unsurprising) decision on the substitution of principal employers and the validity of pension scheme deeds in Shannan & Ors v Viavi Solutions UK Limited & Ors, Re: the Wandel & Goltermann Retirement Benefits Scheme [2016] EWHC 1530 (Ch). The judgment is available to read here. Of central importance was the identity of the Scheme’s principal employer at various points in the Scheme’s history, all the way back to 1994. The wide-ranging judgment of Timothy Fancourt QC, sitting as a Deputy Judge of the High Court, examines issues including: the formalities required for the exercise of powers in particular a power to substitute the principal employer: Betafence Ltd v…
News 4 Jul, 2016
Outer Temple Chambers is pleased to announce that it will play a significant role in the St Petersburg International Legal Forum which is being held between 18 and 21 May 2016 in Russia. The initiative is spearheaded by Alexey Karpenko, an Outer Temple Professional Associate, who is the senior partner at Forward Legal, in Moscow. Joint Heads of Chambers, Michael Bowes QC and Andrew Spink QC, together with David Russell QC, Fiona Scolding and Miranda de Savorgnani will give talks on Trusts, Regulation of Company Groups, International Tax rules, Public Procurement, Banking Regulation and International Arbitration to an audience of Russian government representatives, the judiciary, international organisations, General Counsel of Russian corporations and the international media. The official programme will cover topics as Private…
News 18 May, 2016
Michael Bowes QC, a trustee of Transparency International UK, contributes to a new publication, Anti-Corruption Regulation 2016. His contribution is entitled “Current progress in anti-corruption enforcement”. He analyses global anti-corruption actions and starts with the example of several major corruption cases. One of them is the FIFA case in relation to which Michael shows the way the US approached it, especially through the Foreign Corrupt Practices Act, a law which is being continuously enforced. Michael advises that “Major developments in the FIFA corruption investigation may be expected this year”. In Europe, some positive action has been taken in the UK in relation to the Bribery Act 2010. Transparency International France “has had considerable success in its intervention to recover biens…
News 18 Apr, 2016
The starting point of the authors’ review is Mrs Justice Asplin’s decision in Merchant Navy Ratings Pension Fund Trustees Ltd v Stena Line Ltd [2015] EWHC 448 (Ch), which contains useful guidance on how to approach a trustee’s fiduciary duty to act in the best interests of the beneficiaries. Richard and Jennifer outline that Merchant Navy is a example of how a case arising in a pensions context has consequences for the development and practice of general trust law. Their analysis focusses on what is the ‘best interests’ principle and in what circumstances a court will bless a course of action taken by a trustee. To read the article written by Richard and Jennifer and to find out more about…
News 7 Apr, 2016
We are delighted to announce that Jennifer Seaman has joined Chambers, a specialist pensions and chancery practitioner.
News 8 Jan, 2016
