News & Events

Covid-19

Hearings by electronic communication – updated to reflect the changes made on 8 October 2020 to the 2013 ET Rules

What can be achieved via electronic means within the 2013 Employment Tribunal Rules? Andrew Allen QC has updated his earlier article to reflect the changes to the 2013 ET Rules made on 8 October 2020? Hearings by electronic means Following the changes to the 2013 ET Rules made on 8 October 2020, Andrew Allen QC has updated his article analysing the practical issues faced by Employment Judges in considering, within the parameters of the 2013 ET Rules, whether to list hearings that are to be conducted by electronic communication. You can view the article here. Find out more These extraordinary circumstances bring new perspectives on employment law and the existing rules. Please contact Nick Levett on 020 74274905 or Mark Gardner on +44 (0)20 7427 4909ho will be…

Legal Blogs 9 Oct, 2020

Contract Law and Consideration – Revisiting Foakes v Beer: what role for practical benefit in a world recovering from a pandemic?

Consideration remains at the heart of contract law in England and Wales but the current crisis throws the unsatisfactory state of the law into sharp relief. Nicholas Hill and Patrick Tomison consider the current state of the law and how it might change to reflect the commercial reality of the 21st Century. In 2018 Lord Sumption JSC said that “[m]odern litigation rarely raises truly fundamental issues in the law of contract”. The Common law’s approach to consideration in contract law is one such issue highlighted by the current crisis. A bird in the hand is better than two in the bush In Revisiting Foakes v Beer, Nicholas Hill and Patrick Tomison revisit the Common law’s approach to the principle of consideration enunciated “in…

Legal Blogs 12 Jun, 2020

UK insolvency reforms – a blueprint for reform in offshore jurisdictions?

Tim Prudhoe and Justina Stewart look at the likely implications of the Corporate Insolvency and Governance Bill on several overseas jurisdictions. In the short time since first published (22 May 2020), much electronic ink has been spilt on the most significant reforms introduced by the UK Parliament in a generation to insolvency and restructuring law – the Corporate Insolvency and Governance Bill. Much, though, is still left unsaid as to the likely wider reach outside of the UK of the finished product. The raw material is there for this to have a major impact in several overseas jurisdictions that follow the English common law model (albeit not, directly, its actual statutory regime). In this article, Tim Prudhoe and Justina Stewart highlight the…

Legal Blogs 12 Jun, 2020

Webinar: Watch the full recording of ‘An Update on Abuse Claims’

Outer Temple’s recent lunch-time briefing update on abuse claims is now available online, presented by  James Counsell QC, Patrick Sadd and Paul Livingston. James Counsell QC, Patrick Sadd and Paul Livingston recently hosted a lunch-time briefing update and practice points review on the subject of abuse claims. Topics included: Reviewing two High Court decisions: DSN v Blackpool Football Club and BXB v Watchtower Costs: the impact of the Defendants’ approach before and during trial Limitation climate: is it possible to forecast? Consequence for vicarious liability following Supreme Court decisions in Barclays and Morrisons Watch the full webinar here: The Speakers James specialises in acting for claimants in historical and more recent sex abuse claims against religious organisations, schools, the scouts…

Webinars & Recordings 4 Jun, 2020

Paul Rogers on HSE Guidance, Enforcement and Social Distancing at Work

Paul Rogers considers what the HSE has said about enforcement, and what guidance there is to assist employers to make decisions about protective measures, and raises some questions about the difficulty of proving a material risk of transmission in relation to the so-called ‘two metre rule’. Paul Rogers of our Health & Safety Team has recently had an article published in LexisPSL exploring HSE guidance, enforcement and social distancing at work. The Guidance The Health and Safety Executive (HSE) has said it will look closely at concerns about social distancing and coronavirus (COVID-19) to secure compliance with the law, and has made clear that duty holders have a responsibility to protect workers and others against the risk of coronavirus infection…

External Publications 4 Jun, 2020

Daniel Barnett hosts Q&A with the President of Employment Tribunals

Daniel Barnett recently chaired a Q&A webinar with the recently appointed President of Employment Tribunals, Judge Clarke. Just three weeks into his new role as President of Employment Tribunals in England & Wales, Judge Barry Clarke, explained how tribunals are managing during lockdown and answered a range of questions from lawyers, employers and unions. Questions and topics included: How are tribunals managing? Issue of fees What are employment judges doing with their time when they are not judging cases? Will cases beyond June be delayed? The situation with listings in 2021 – will they be moved to accommodate unheard 2020 cases? The webinar attracted over 1,000 viewers and is now available to watch online. This webinar was in response to,…

Webinars & Recordings 3 Jun, 2020

Remote Mediation: The New Normal and the Future

Elaine Palser explores the advantages (which are considerable) and the disadvantages (which are surmountable) of remote mediation and considers what the future holds for settling cases. Remote mediation works Before I took part in my first remote mediation I was sceptical.  I was convinced that it would be inferior to in-person mediation.  To my surprise, it worked extremely well.  In fact, I came away wondering if remote mediation was better than in-person mediation.  Many others have also had remarkably positive experiences of remote mediation. Mediation is a very successful means of settling cases.  According to the CEDR mediation audit 2018, 89% of cases settle through mediation; 74% at the mediation itself and 15% shortly thereafter.  The fact that remote mediation…

Legal Blogs 1 Jun, 2020

Webinar Invitation: An Update on Abuse

Outer Temple Chambers would like to invite you to a lunch-time briefing update on Abuse Claims on Wednesday 27th May 2020. James Counsell QC, Patrick Sadd and Paul Livingston will be conducting a lunch-time briefing update and practice points review on the subject of abuse claims. Topics will include: Reviewing two High Court decisions: DSN v Blackpool Football Club and BXB v Watchtower Costs: the impact of the Defendants’ approach before and during trial Limitation climate: is it possible to forecast? Consequence for vicarious liability following Supreme Court decisions in Barclays and Morrisons The Speakers James specialises in acting for claimants in historical and more recent sex abuse claims against religious organisations, schools, the scouts and against football clubs and…

Events 20 May, 2020

A practical guide to interim relief in the Employment Tribunal

Employment Tribunals may well face an increase in interim relief applications arising from concerns from those returning to work after lockdown. Andrew Allen QC provides a practical guide for both employees and employers. There has been considerable speculation about the potential for applications in the employment tribunal for interim relief to continue the employment contract, being brought by employees who have raised concerns about the safety of returning to their workplace after lockdown and who have been dismissed. Andrew Allen QC provides a practical guide to the situations in which an employee can and cannot make such applications and sets out the legal tests and hurdles to be overcome for those making and defending such applications. Introduction Sections 128 to…

Legal Blogs 18 May, 2020

Gus Baker’s H&S advice noted in House of Commons Briefing Paper

A House of Commons Briefing Paper, “Coronavirus; Returning to Work”, has noted Gus Baker’s recent guidance on Coronavirus and Health & Safety Dismissals as a key reference point. Gus Baker’s guide, published last month, provides a detailed look at when employees will be protected from dismissal and detriment under Section 44 and Section 100 of the Employment Rights Act. His guide notes that: “prior to the coronavirus pandemic, employment disputes in which individuals refused to work because of danger were relatively rarely seen by employment tribunals. …The emergence of Covid 19 is likely to change this. For as long as the virus remains prevalent, and no vaccine has been found, each and every workplace is potentially an environment in which…

External Publications 18 May, 2020

Daniel Barnett discusses CJRS on the Jeremy Vine Show

Daniel Barnett discusses employee and worker rights on the Coronavirus Job Retention Scheme on the Jeremy Vine Show. Daniel Barnett has been providing regular updates to help decipher the Coronavirus Job Retention Scheme since its launch in March. Daniel’s expertise prompted Jeremy Vine to invite Daniel on to his weekday morning show on Wednesday 13 May to discuss the scheme in advance of the Chancellor Rishi Sunak’s update announcement. Daniel discussed employee rights regarding returning to work and answered viewers’ questions on workers rights.   Watch the Jeremy Vine interview Find out more Daniel Barnett is also the resident legal expert on LBC Radio. You can hear him on DAB Radio, FM 97.3 or via the GlobalPlayer App from 9pm…

Webinars & Recordings 14 May, 2020

Ian Denham presents a PEOPIL webinar

Ian Denham speaks in the PEOPIL Travel Law Seminar series. PEOPIL Seminars Ian Denham of Outer Temple Chambers recently spoke about the impact of COVID-19 on the UK’s legal system to members of PEOPIL, the Pan European Organisation of Personal Injury Lawyers. This was the third in a series of webinars hosted by PEOPIL in which lawyers from member countries discuss the effects of COVID-19 in their jurisdiction. Ian explained the UK courts’ approach to case management and remote hearings during COVID-19. He also identified practical problems faced by personal injury lawyers specifically in this context, including the lack of available medical experts and the inability to conduct in-person patient assessments during ‘lockdown’. Finally, he detailed the interplay between COVID-19…

Webinars & Recordings 13 May, 2020

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