News & Events

Court of Appeal

Follow

Outer Temple's Employment Law team representing both parties in Court of Appeal - Abel Estate Agent Ltd & others v Elizabeth Reynolds

Outer Temple’s Employment Law team in Court of Appeal – Abel Estate Agent Ltd & Ors v Elizabeth Reynolds

Gus Baker and Jessica Franklin will today contend with their chambers colleagues Will Young and Chevan Ilangaratne, as members of Outer Temple Chambers’ Employment Law team represent both parties in the Court of Appeal in the EAT case of Abel Estate Agent Ltd & Ors v Elizabeth Reynolds: [2025] EAT 6. This appeal brings into the spotlight a number of questions which, among other things, relate to the correct statutory interpretation of s.18A Employment Tribunals Act 1996. This provision requires, save for limited exceptions, a Claimant to engage in ACAS Early Conciliation before lodging a claim in the Employment Tribunal. The appeal covers an important procedural point given the EAT judgment introduced a significant amount of uncertainty about the effect…

News 12 Jun, 2025

Darby v Wang: Cryptocurrencies and Contempt in the Court of Appeal

Darby v Wang: Cryptocurrencies and Contempt in the Court of Appeal

The Court of Appeal has handed down judgment in Darby v Wang in which Helen Pugh acted for the successful appellant. The Court of Appeal once again emphasised the need to adhere to the procedural and other safeguards enjoyed by defendants in civil claims facing contempt of court proceedings. The Background The case of Wang v Darby [2021] EWHC 3054 made waves from the outset when it was taken as authority for the proposition that cryptocurrencies could constitute property subject to a trust. In this latest set of proceedings, cryptocurrencies were again the focus; this time in relation to a defendant’s duty to provide disclosure of assets ancillary to a worldwide freezing order. The claimant issued contempt proceedings on the…

News 4 Feb, 2025

Event: Huobi v Tabarak and what is meant by the DIFC being a ‘common law jurisdiction’?

Event: Huobi v Tabarak and what is meant by the DIFC being a ‘common law jurisdiction’?

Event Date: 9 Jul, 2024

Join key members of the Huobi case for an insightful discussion on the key takeaway points from this landmark judgment on Tuesday, 9th July 2024 at The Ritz-Carlton, Dubai. We are delighted to invite you to join key team members on the Huobi case, Andrew Spink KC and Justina Stewart of Outer Temple Chambers, and Peter Smith of Charles Russell Speechlys LLP. Chaitanya Kediyal of Outer Temple Chambers supported the team in this case and will join the panel with his observations. The event will be chaired by David Russell KC of Outer Temple Chambers. In the much anticipated judgment, GATE MENA DMCC & HUOBI MENA FZC V TABARAK INVESTMENT CAPITAL LTD & ANR, the DIFC Court of Appeal (Justice…

Events, News

Ian Denham successfully challenges cap on a personal injury damages claim in Court of Appeal

Ian Denham successfully challenges cap on a personal injury damages claim in Court of Appeal

Ian Denham successfully acted for the Appellant in this Court of Appeal case that brings clarity to the requirement to apply to increase the statement of value. This was the Appellant’s second appeal against an order that denied him permission to increase the value of his claim for damages for personal injury.  The judgment also provides clarity as to the scope of CPR rule 16.3(7). Ian acted for Mr Fleming, who had previously been acting in person, on a pro bono basis through Advocate. Advocate is the Bar’s national pro bono charity that provides free legal help for those who are unable to obtain legal aid and cannot afford to pay. The Appeal The issue at the heart of this case…

News 9 Jan, 2024

The Court of Appeal hands down judgment in appeal of urgent injunction application in which Anson Cheung appeared

The Court of Appeal hands down judgment in appeal of urgent injunction application in which Anson Cheung appeared

The Court of Appeal has handed down judgment in MIMO Connect Limited v (1) Mathew Robert Buley, (2) Grace Avalon Fever, (3) M/Y Connect Maritime Limited, (4) Karl James Mardell (CA-2023-001179), in which Anson Cheung, led by Mohinderpal Sethi KC, acted for the successful Claimant/Applicant. Background to the appeal The Claimant was a company which provided internet connectivity to the maritime industry, particularly superyachts and other like-vessels. The First to Second Defendants were minority shareholders in the Claimant, and established the Third Company as a competing company. The Fourth Defendant was a former employee of the Claimant, who moved over to the Third Company. The hearing before the Court of Appeal arose out of an urgent interim injunction application against…

News 2 Aug, 2023

Court of Appeal hands down judgment in controversial Denton appeal in which James Counsell KC and Olinga Tahzib appeared

Court of Appeal hands down judgment in controversial Denton appeal in which James Counsell KC and Olinga Tahzib appeared

The Court of Appeal has handed down judgment in an important appeal in the case of FXF v (1) English Karate Federation Ltd, (2) David Jonathan Donovan, in which James Counsell KC and Olinga Tahzib act for the Claimant James and Olinga act for a Claimant (referred to as ‘FXF’ to protect her anonymity) – a highly successful karate athlete – who brings a claim for personal injury arising out of sexual abuse by her karate coach between 2008 and 2014. The Claimant claims that the two Defendants are vicariously liable for the abuse she suffered and directly liable for failing to discharge their own duty of care towards her. On 13 July 2023, James and Olinga appeared for the…

News 26 Jul, 2023

Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh in Court of Appeal for (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd

Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh in pensions and company Court of Appeal case; McGaughey & Anor -v- USS Ltd

Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh were in Court of Appeal this week for the long running pensions and company law dispute (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd. David E Grant and Philip Stear acted on behalf of the Appellants, instructed by Leigh Day, in the Court of Appeal in (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd. Andrew Short KC and Helen Pugh acted on behalf of the Respondent, instructed by CMS Cameron McKenna Nabarro Olswang LLP. The claim brought by members of a pension scheme is as a common law derivative action. This ground-breaking case has raised novel issues with…

News 15 Jun, 2023

Do bitcoin developers owe fiduciary duties to the true owners of a defrauded cryptoasset owner?

Outer Temple’s Anson Cheung comments on the case of Tulip Trading which was first heard in the High Court. This case generated much interest in being the first case to argue that bitcoin developers owed fiduciary duties to the true owners of a defrauded cryptoasset owner. That argument was quickly shot down in the High Court for having no prospects of success, but has now been resuscitated by the Court of Appeal. Background Following an alleged hacking and subsequent theft of keys controlling approximately £3b in cryptoassets, Tulip Trading Limited (Tulip) issued proceedings against certain crypto developers who it claimed controlled and ran 4 different bitcoin networks. Tulip claimed that the developers owed it a fiduciary duty and/or tortious duty…

Legal Blogs 23 Apr, 2023

Andrew Short KC and Saul Margo successful in Sainsbury's Supermarkets Ltd v Clark

Andrew Short KC and Saul Margo successful in Sainsbury’s Supermarkets Ltd v Clark

The Court of Appeal has handed down judgment in Sainsbury’s Supermarkets Ltd v Clark and Others in which the successful claimants were represented by Andrew Short KC and Saul Margo. In this long-running equal pay claim against Sainsbury’s Supermarket, a number of the claimants brought their claims on a claim form that only contained one EC number relating to one of the claimants on the form. The claims were rejected on that basis, but the claimants successfully appealed to the EAT where it was held that it is sufficient if one EC number is given on the claim form for any claimant who brings a claim on the same form. Sainsbury’s appealed against the order of the EAT. Court of Appeal In…

News 6 Apr, 2023

The Lawyer Top 10 Appeals

Outer Temple barristers included in The Lawyer’s ‘Top 10 Appeals of 2023’

The Lawyer has revealed its ‘Top 10 Appeals of 2023’ and we are delighted that four Outer Temple members have been included for their involvement in McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. There are plenty of lawsuits heading to the Court of Appeal and Supreme Court this year and The Lawyer has picked its Top 10 to watch. Barclays Bank, Central Bank of Venezuela, Deliveroo, Arron Banks and United Utilities Water are just some notable examples, alongside the long running and hard fought battle between McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. This rematch between two university academics and the directors of the UK’s largest private pension scheme heads to the Court of…

News 16 Feb, 2023

Philip Stear appears live in the Court of Appeal on Thursday 1st December

Philip Stear will be live-streamed on the Court of Appeal YouTube channel on Thursday 1st December when he represents his appellant (defendant) clients in Jennison v Jennison & anr. The appeal relates to an important point in the Conflict of Laws as it relates to the administration of estates, namely whether the executor of a person who died domiciled abroad but owning property in England & Wales can commence proceedings on behalf of the estate before obtaining an English probate (or the resealing of the overseas grant).  By Appellants Notice filed on 25 April 2022, the First and Second Defendants are appealing the three findings at paragraph 65 of the judgment of, and paragraph 1 of the order of HHJ…

News 30 Nov, 2022

John McKendrick KC appears in the Court of Appeal

On 11th November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja. John McKendrick KC acted on behalf of the first and second respondent. On 11 November 2022 the Court of Appeal gave judgment in Hinduja v Hinduja  [2022] EWCA Civ 1492 and permitted press reporting of proceedings which began in June 2020.  The proceedings relate to the property and welfare of Srichand Hinduja, the eldest of the four Hinduja brothers. Court of Protection In two judgments delivered in August 2022, (Hinduja v Hinduja [2022] EWCOP 36 and Hinduja v Hinduja [2022] EWCOP 37), Mr Justice Hayden lifted nearly all reporting restrictions in the case. His Lordship’s order was appealed to the Court of Appeal by Srichand’s brother Gopichand Hinduja. The Court of Appeal The Court of…

News 15 Nov, 2022

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

    Download    Add to portfolio   
    Portfolio
    TitleTypeCVEmail

    Remove All

    Download


    Click here to share this shortlist.
    (It will expire after 30 days.)