A view from the Bar

This is the second in a two-part webinar titled ‘NFTs and Intellectual Property Rights; Friend or Foe'.In this PODCAST we will be discussing the intellectual property issues surrounding non-fungible tokens or NFTs - the must have new crypto asset.  And joining Philip INGRAM MBE is  Racheal Muldoon, a Barrister at London based chambers, The 36 Group – where she is a member of the commercial team, 36 Commercial. and Will Charlesworth. Will is the Deputy Head of Commercial Litigation and Dispute Resolution at London law firm, Saunders Law. 

This is the first in a two-part webinar titled ‘NFTs and Intellectual Property Rights; Friend or Foe'.In this PODCAST we will be discussing the intellectual property issues surrounding non-fungible tokens or NFTs - the must have new cryptoasset.  And joining Philip INGRAM MBE is  Racheal Muldoon, a Barrister at London based chambers, The 36 Group – where she is a member of the commercial team, 36 Commercial and Will Charlesworth. Will is the Deputy Head of Commercial Litigation and Dispute Resolution at London law firm, Saunders Law. 

Celso De Azevedo and Paul Schwartfeger both of 36 Commercial, part of the 36 Group chat with your host Philip Ingram MBE about the Supreme Court Ruling on Lloyd v Google LLC and why iPhone users didn't get £750 compensation

In this episode, Philip Ingram MBE chats with one of the Barristers in the Fairhurst v Woodard Ring Doorbell case, Jonathon Rushton​ from 36 Commercial, where the level of surveillance of one neighbour over another was considered excessive by the judge.

36 Commercial webinar on Discrimination law: Forstater, Cancel Culture and Where Employers Go From Here, with: Richard O'DairFergus McCombieSinead KingEveryone has a right to their own beliefs. The problem for employers is how to react when employees broadcast beliefs inside or outside the workplace which are deeply offensive to others and may lead to internal or external complaints. Particular fault lines arise around self-definition of gender, and religious belief and homosexuality, where employees may have equally entrenched and deeply opposed beliefs, and the beliefs may involve the refusal to accept the validity of an important aspect of a person's identity. This seminar will consider the issues raised by the ET case of Forstater v CGB Europe, its subsequent reversal by the EAT and the guidance of the Court of Appeal in Page v NHS Trust Development Authority. The Seminar will focus on setting out the current legal position together with some suggestions about how to manage the difficulties that arise in practice.

36 Commercial - Cyber Law Series - Cryptocurrency and Taxation with Michael Patchett-Joyce FCIArb a Barrister, Arbitrator, Mediator at 36 Commercial and Ben Symons a Barrister at 36 Commercial and author of Bloomsbury Professional Tax Insight - Cryptocurrency and Blockchain.

Todays Webinar recording is hosted by Michael Patchett-Joyce FCIArb and features Lee Schama  and Celso De Azevedo all Barristers from 36 Commercial,  and are looking at the future of Covid-19 business interruption insurance claims in the UK, examining the potential impact of the - not yet agreed - draft Declarations Order of the Supreme Court in the FCA v Arch Insurance & Ors test case.

36 Commercial - Cyber Law Series - Cryptoassets Tracing and Remedies - Practical Considerations with:- Dean Armstrong QC- Celso De Azevedo- Ceri Davis- Marc SamuelsCovering:·     #cybersecurity Security Trends and #Cryptocurrency Exchanges·     #Cryptoassets Tracing and #Investigations·     #Injunctions, Causes of Action, .  #Disclosure and Cross- examination·      Foreign #Tracing and Recovery·     Jurisdictional Considerations

 36 Commercial Cyber Law Series webinar on NFTs, presented by Dean Armstrong QC, Nanne Dekking, Professor Lisa Short and Racheal Muldoon.

Philip Hackett Q.C. and Racheal Muldoon will be discussing all of the issues raised in this case where Chinese citizens' bank accounts were frozen by UK authorities  and look more into interim account freezing orders.

36 Commercial - Cyber Law Series - Cryptocurrency - Regulation, Regulation, Regulation with Dean Armstrong QC, Celso De Azevedo, Ceri Davis and Marc Samuels. Delivering insights to the UK, US, Swiss and Singapore regulatory stances for Crypto.

In this brief summary  entitled ‘Injunctions and Cyber Fraud', Celso De Azevedo, a Barrister with 36 Commercial,  provides an overview of the recent decision of the High Court in the case of Foglia v Family Officer Ltd & Ors [2021]. 

36 Commercial - Cyber Law Series - Smart contracts: are they as smart as the people who drafted them?In this PODCAST hosted by Sajid Suleman, Joseph Dalby SC, Michael Patchett-Joyce FCIArb, Fergus McCombie and Paul Schwartfeger cover real world application, terms and functionality, performance, breach and enforcement, dispute resolution, force majeure and frustration as well as business interruption in relation to Smart Contracts

Today Philip Ingram MBE is chatting with Philippa Daniels and Rachel Coyle, both barristers with 36 Commercial who specialise in property law.  Grenfell and the new build leasehold scandal have brought property law to the headlines and Philippa and Rachael explain the complexities as to why!

This is a PODCAST from the first 36 Commercial webinar in our 2021 Cyber Law Series.The PODCAST covers #Covid-19 Cyber Security Trends, #Ransomware, Remote Desktop Protocol Attacks and #Phishing, #Cyber Business Interruption losses  #Cyber insurance claims, Recent US #antimoneylaundering and #sanctions regulatory developments, #assetrecovery , Criminal and Civil Liability hosted by Dean Armstrong QC.The next in the 2021 Cyber Law Series will look at: Smart contracts: are they as smart as the people who drafted them?The webinar will be held on the following date and time and the 36 Commercial team invite you to join.Wednesday, 31st March 2021 From 16:00 to 17:00 (GMT) The Webinar will be live from 16:00 (GMT) and the room will be locked for attendees at 16:15 (GMT).  We hope you can make it. Register here

In this episode Ben Symons​, Michael Patchett‑Joyce and Celso De Azevedo, all barristers with 36 Commercial, discuss the Astra-Zeneca v EU vaccine row with Belgian Lawyers Denis Philippe and Matthias Storme.

In this PODCAST Philip Ingram MBE chats with Dean Armstrong QC, Fergus McCombie and Ceri Davis, both Barristers with 36 Commercial, about their new book 'Cyber Litigation: The Legal Principles' published by Bloomsbury Professional. You can buy the book at this link: https://www.bloomsburyprofessional.com/uk/cyber-litigation-the-legal-principles-9781526513601/PART I - INTRODUCTIONChapter 1: What is Cyber Litigation?PART II – CAUSES OF ACTIONChapter 2: Cyber Litigation and the Criminal LawChapter 3: Cyber Litigation in the Civil LawChapter 4: Causes of Action in Data ProtectionPART III – LITIGATION AND EVIDENCEChapter 5: JurisdictionChapter 6: Class ActionsChapter 7: Vicarious LiabilityChapter 8: Evidential ConsiderationsPART IV: REMEDIES AND ALTERNATIVES TO LITIGATIONChapter 9: RemediesChapter 10: Alternatives to Litigation

36 Commercial hosts the the 36 Groups Chief Operating Officer, Rowan Caffull​ and Mary Prior QC, Karen Reid and Marisa Allman who are running the Groups first virtual advocacy competition with a mini Pupillage for the winner.  This fascinating way of introducing potential barristers to the workings of the bar and chambers is well worth a listen. 

With furlough, businesses going under or having to restructure, Employment Law is a hugely relevant and topical subject to chat about on A View From the Bar.  Today Philip Ingram MBE chats with Richard O'Dair​ a Barrister with 36 Commercial and Joanna Alexiou an Associate Solicitor with the Employment Law Team at Mackrell Solicitors.  

In this episode Philip Ingram MBE is talking to  Celso De Azevedo from the 36 Commercial team about cyber security and cyber insurance.Celso has a broad international commercial practice with recognised expertise in reinsurance, cyber insurance, cybersecurity, data breach, cryptocurrency, fraud, asset tracing and business interruption insurance law as well as regulatory investigations, comprising both advisory and contentious work.

In this edition Philip Ingram MBE chats with Fergus McCombie, a barrister with 36 Commercial (Cyber and Employment team), and Ceri Davis, a barrister with 36 Commercial (Cyber and Commercial Crime and Regulation team). about the ICO, the GDPR and the British Airways £20 million Fine For A Customer Data Breach.They are both co-authors, together with Dean Armstrong QC, of the forthcoming legal text 'Cyber Litigation: The Legal Principles'.    

In this FinCEN leak episode Philip Ingram MBE is chatting with Philip Hackett QC who leads the 36 Commercial Crime team with Racheal Muldoon a barrister on the 36 Commercial Crime team and John Binns of BCL Solicitors.BBC Panorama made a sensational programme about the leaks, is there substance to their outrage? Judge for yourselves! 

Louise Bennett, a Partner with Howard Kennedy LLP, Ceri Davis, a barrister with 36 Commercial (Commercial Crime & Regulation team) and Racheal Muldoon, a barrister with 36 Commercial (Commercial Crime & Regulation team) chat with Philip Ingram MBE about Fraudulent Property Investment Schemes.Louise is a solicitor with an expertise in company shareholder disputes, corporate and financial litigation, fraudulent misrepresentation, and bribery and corruption. She supports clients caught up in collective investment schemes, Ponzi and advance fee fraud schemes, employee frauds, insolvency litigation, breach of trust, and director's duties. She helps clients manage the significant legal, commercial, and reputational risks associated with commercial fraud.Her contact details are:t: +44 (0)20 3755 5380louise.bennett@howardkennedy.com

In this episode Philip Ingram MBE talks with Head of Chambers with the 36 Group, Dean Armstrong QC and Louise Bennett, a Partner with the leading law firm Howard Kennedy LLP.  Todays topic is Investment Fraud and gives insights to some of the things Louise and Dean are seeing during these difficult times, but also gives some practical advice in how to avoid them. Louise is a solicitor with an expertise in company shareholder disputes, corporate and financial litigation, fraudulent misrepresentation, and bribery and corruption. She supports clients caught up in collective investment schemes, Ponzi and advance fee fraud schemes, employee frauds, insolvency litigation, breach of trust, and director's duties. She helps clients manage the significant legal, commercial, and reputational risks associated with commercial fraud.Her contact details are:t: +44 (0)20 3755 5380louise.bennett@howardkennedy.com

Philip Ingram MBE chats with John Campbell SC, with the 36 Commercial and Rory Lynch from Vardags about privacy using ZXC v Bloomberg as a framework. However, our discussions get on to the Cliff Richard case as well.Rory is a Senior Associate at Vardags. He is a specialist in all areas of media litigation, with a particular emphasis on reputation management and protection, libel and defamation, and privacy.Rory's contact details are below:Tel:  +44 (0)207 404 9390Fax: +44 (0)207 404 8995Web:  vardags.com

Philip Ingram MBE chats with Dean Armstrong QC, Head of Chambers with the 36 Group and Lisa Short about all things data and blockchain. Everything you need to know is in this PODCAST including how China has stolen a march on the West.Lisa  is in the top 100 B2B Thought Leaders in the World to follow in 2020.  Recognised as a visionary and transformational strategist whose 30 plus years of experience, combined with lifelong learning has enabled delivery of quantum leap change in global ageing, Industry 4.0, education, social impact, women's empowerment and business leadership. Her ethos is that “big challenges require big solutions” and don't be afraid of achieving them. She is an Ambassador of Change for Frontier Technology, Education, Business & Social Impact, Women's Leadership.

In this episode Philip Ingram MBE chats withe Lauren Rapeport an associate with Withers LLP (withersworldwide.com) and Ben Symons a Barrister with 36 Commercial (https://36group.co.uk/commercial) and we explore the fascinating world of Cryptocurrency, its legal status and legal tax status and much more.Lauren is an associate in the private client and tax team. She advises on a broad range of trusts, tax, probate and succession planning issues, both domestic and international, for individuals, trustees, family offices and charities. She also advises on tax compliance matters as part of the Tax Investigations group.Ben is an experienced barrister with extensive experience in both commercial and taxation matters and has published a book, Blockchain and Cryptocurrency, Taxation Insight through Bloomsbury Professional.

Philip Ingram MBE chats with Max Hobbs a Solicitor with Macfarlanes LLP and Racheal Muldoon a Barrister with the 36 Commercial Crime team about money laundering regulations using the Commerzbank London fine as a basis.  This is Part 2 and examines what could be done to protect institutions from falling foul of the regulations.36 Commercial Crime is a specialist team within 36 Commercial  focusing in White Collar, Fraud, Investigations, financial Crime and more.  Racheal has a diverse practice encompassing Financial Crime and Regulation, White Collar Crime, Art and Cultural Heritage Law, Civil Forfeiture and Condemnation, Licensing and Regulatory. She defends Fraud and POCA matters and also assists the Serious Fraud Office with ongoing high-profile investigations. Racheal has worked directly with the Financial Conduct Authority where she was an Associate within the Criminal Prosecution Team focussing predominately on investigations. Max is an associate in the corporate crime and investigations team at Macfarlanes, which is where he trained and qualified. His team advises individuals and corporate clients across the full spectrum of white collar crime, and his particular area of expertise and interest is money laundering; as such advising clients on the quirks of the Proceeds of Crime Act or assisting companies with their anti-money laundering arrangements.Macfarlanes is a London-based law firm but the majority of its work has an international dimension. Traditionally known for corporate and private client work, in recent years the firm's litigation team has grown significantly and in late 2018 it established a new corporate crime and investigations team that has been notably active, winning The Legal 500 award for Regulatory Investigations and Corporate Crime – Team of the Year.  

Philip Ingram chats with Max Hobbs a Solicitor with Macfarlanes LLP and Racheal Muldoon a Barrister with the 36 Commercial Crime team about money laundering regulations using the Commerzbank London fine as a basis.  This Part 1 of a more in depth look at the detail in Part 2.36 Commercial Crime is a specialist team within 36 Commercial  focusing in White Collar, Fraud, Investigations, financial Crime and more.  Racheal has a diverse practice encompassing Financial Crime and Regulation, White Collar Crime, Art and Cultural Heritage Law, Civil Forfeiture and Condemnation, Licensing and Regulatory. She defends Fraud and POCA matters and also assists the Serious Fraud Office with ongoing high-profile investigations. Racheal has worked directly with the Financial Conduct Authority where she was an Associate within the Criminal Prosecution Team focussing predominately on investigations. Max is an associate in the corporate crime and investigations team at Macfarlanes, which is where he trained and qualified. His team advises individuals and corporate clients across the full spectrum of white collar crime, and his particular area of expertise and interest is money laundering; as such advising clients on the quirks of the Proceeds of Crime Act or assisting companies with their anti-money laundering arrangements.Macfarlanes is a London-based law firm but the majority of its work has an international dimension. Traditionally known for corporate and private client work, in recent years the firm's litigation team has grown significantly and in late 2018 it established a new corporate crime and investigations team that has been notably active, winning The Legal 500 award for Regulatory Investigations and Corporate Crime – Team of the Year.  

In this Episode Philip Ingram MBE is chatting with Dean Armstrong QC, Head of Chambers with the 36 Group and Robert Coffey, the Managing Partner with Cooke, Young and Keidan.  We chat about the challenges of running a legal practice through the lockdown, their vision of what the new normal could be and whether Distributed Ledger Technologies including blockchain and elements like cryptocurrencies that us it have a place in that new normal?Cooke, Young & Keidan LLPTel: +44 (0)20 7148 7800www.cyklaw.com    www.cyklaw.tech36 CommercialTel: 020 7421 8030www.36group.co.ukDeans latest publication can be accessed here: http://www.jordanpublishing.co.uk/practice-areas/law-for-business/publications/cyber-law

Philip Ingram MBE talks to Sinead King, a leading employment barrister with 36 Commercial about health and safety at a time of COVID-19 and coming out of lockdown. Advice for employers and employees and things to avoid! As ever we finish on Sinead's latest Netflix recommendation. If you need to contact Sinead for further advice she can be contacted through her clerks at 36 Commercial.Email: clerks@36commercial.co.ukPhone: +44 (0)20 7421 8051Web: https://36group.co.uk/commercial

Philip Ingram MBE chats with Richard O'Dair, Head of 36 Employment (the 36 Group's employment law team). He specialises in employment law and Human Rights, representing both employers and employees.  And today we chat about coming out of furlough.Richard has appeared in a number of important cases including the case of Seldon v CJW in in the Supreme Court [2012] and more recently cases about freedom of religion in the workplace and a case about a whistle-blower in an NHS Trust where the damages claimed were over £1 million.Richard's particular strength is his ability and willingness to immerse himself from an early stage in long drawn out litigation giving important advice on matters of evidence and tactics. He is particularly skilled skill in drafting correspondence and pleadings and in advising on witness statements. He relates well clients (both Respondent and Claimant) and to witnesses from differing backgrounds.Notwithstanding the value he brings outside the Courtroom, Richard remains a skilled Court room lawyer One judge saw the need to direct himself not to accept too easily the arguments of such a persuasive advocate. Mr Justice Langstaff spoke of “advocacy of the highest quality” when Richard appeared in front of him in the EAT in the case of Swansea University v Williams. He has given seminars on advocacy for lawyers in Rwanda and UgandaAs an employment lawyer, Richard has appeared in the Employment Tribunals, the Employment Appeal Tribunal, the High Court, the Court of Appeal and the Supreme Court. He has been involved in making an application to the ECHR. His particular interests are discrimination law, whistleblowing and the influence of human rights on the law of unfair dismissal.Richard can be contacted via:Telephone: 020 7421 8051 (Commercial)Email: clerks@36commercial.co.uk

Today, Philip Ingram MBE discusses Furlough Fraud with Frances Murray a solicitor at Rosenblatt, Fergus McCombie and Lee Schama, barristers at 36 Commercial.Frances Murray – Solicitor at Rosenblattfrances.murray@rosenblatt-law.co.ukT: +44 (0)20 7955 0880Frances specialises in  white collar financial and serious crime. She represents individuals, sole traders, limited companies and PLCs from the investigatory stage to proceedings. Over the years this has included , high net worth individuals, chief executive officers of multi million pound, multinational city based companies, professionals in law, medicine, journalism and accountancy. Frances has defended investigations / prosecutions brought by the Serious Fraud Office, Financial Conduct Authority, HM Revenue and Customs, National Crime Agency, Architects Registration Board and the Crown Prosecution Service, as well as those prosecutions brought privately.Fergus McCombie – Barrister at 36 Commercialclerks@36commercial.co.ukT: +44 (0)20 7421 8051Fergus is a specialist Employment Law and Commercial barrister. Fergus advises and represents claimants and respondents at all levels in the whole range of tribunal work, including unfair dismissal, discrimination, equal pay, whistleblowing, TUPE, contractual issues and holidays. As well as firms of solicitors and local authorities, he regularly acts for in-house legal departments of well-known and multinational companies. Recent and ongoing cases include acting for a Premier League football manager in his contractual and unfair dismissal complaint against his former club; for the Easy group of companies defending the dismissal of senior executives; for a claimant in relation to the statutory authorisation regime for glider inspectors.He is frequently instructed in related commercial and civil areas of work such as partnership and director disputes, restrictive covenants and employee competition.Lee Schama – Barrister 36 Commercialclerks@36commercial.co.ukT: +44 (0)20 7421 8051Lee specialises in complex and high value disputes and his practice extends across a broad range of commercial law, both in advice and advocacy. His work is principally focussed on: international and multi-jurisdictional banking disputes, corporate and personal insolvency, money laundering and asset tracing commercial and white collar  and financial crime and disputes involving breach of contract, breach of trust and negligence

Philip Ingram MBE is chatting with Flavia Kenyon a Barrister with 36 Commercial about the Integrity of Content: Fighting Disinformation, Deepfakes, and a Deadly Virus.Flavia was born in Romania, educated at Oxford University and called to the bar in 2005. Flavia specialises in International litigation, Commercial and Insolvency, Commercial Crime, Fraud, Regulatory, Cyber litigation, Cyber Fraud, Espionage, and Human Rights.Flavia is the first British barrister fluent in Romanian. She provides general legal assistance to the Romanian Embassy and has become the 'go-to' lawyer amongst the Romanian diaspora. She is a media commentator on legal issues involving Romanians, and has appeared on national and international media.Read Flania's paper here: https://36group.co.uk/content/files/36-cyber-bites-07-04.pdf

John is chatting with Philip Ingram MBE from Grey Hare Media about Privacy Law and Data.John is a highly regarded silk in South Africa, specialising in large commercial trials, competition proceedings, Judicial Review and actions and injunctions for defamation and privacy.He has extensive experience in these fields and has also written for academic journals – both in South Africa and internationally – in most of them.In the last few years, he has acted for a large European bank in Competition Tribunal proceedings arising from the alleged fixing of currency exchange rates of emerging markets in New York; for an international commodities trading company in lifting a freezing order over a consignment of cobalt from the DRC; for South African Breweries in an arbitration dispute under Uncitral rules arising from a contract for the delivery of its product which necessitated a close knowledge of the logistics business; and in a Judicial Review arising from the award of a tender worth approximately half a billion rands per year.His breadth of experience equips him to act across wide ranging commercial fields from banking and contract law to civil fraud, judicial review and negligence, and in commercial injunctions.John has appeared in courts at all levels both in South Africa and the United Kingdom, including the South African Constitutional Court and the United Kingdom Supreme Court, as well as in arbitrations.To contact John please go via his clarks on:Telephone: 020 7421 8051Email: clerks@36commercial.co.uk

Philip Ingram MBE talks to Sinead King, a leading employment barrister with 36 Commercial. COVID-19 is forcing a lot of businesses to shut down sites and change the way they do business.  There is a lot of confusion about how the furlough scheme intersects with the law governing business reorganisation and redundancy. This is a PODCAST which aims to clear up the confusion.  We talk about Reorganisation, redundancy and the job retention scheme: the business perspective in the current COVID-19 environment.And we end with a NETFLIX recommendation for good violent escapism!If you need to contact Sinead for further advice she can be contacted through her clerks at 36 Commercial.Email: clerks@36commercial.co.ukPhone: +44 (0)20 7421 8051Web: https://36group.co.uk/commercial