Articles

Dealing with Competing Jurisdiction Clauses: What is your Centre of Gravity?
Marc Brittain and Mariya Peykova consider complex commercial arrangements and the difficulties they can create for parties where their obligations are set out in a multitude of related contracts of a single contract containing inconsistent dispute resolution clauses. Marc and Mariya explore the most common scenarios in which courts are asked to interpret inconsistent dispute resolution clauses, with particular focus on the ‘centre of gravity’ approach, adopted by courts.

No duty to exercise option reasonably or in good faith in engine maintenance agreement

Rebecca Farrell analyses Cathay Pacific Airways Ltd v Lufthansa Technik AG, in which the High Court found that there was no duty of good faith or duty to act reasonably in respect of an option to withdraw engines from a maintenance agreement.

This article was first published by Lexis®PSL on 21 July 2020.

Enforcing the Novel Food regime - Part 1: Overview and Rationale
In the first of a short series of bite size articles, Jonathan Underhill takes a deeper look into the enforcement of the Novel Food regime and seeks to identify and breakdown the powers made available to those agencies, who are tasked with securing compliance.

Following the introduction of the Corporate Governance and Insolvency Act 2020 (“the CIGA 2020”) and the associated Insolvency Practice Direction, 3PB’s specialist commercial law barristers Charles Irvine and Rebecca Farrell consider winding up petitions in this context.

3PB’s specialist public law barrister Matthew Wyard has reviewed the draft Curriculum and Assessment (Wales) bill. The bill was introduced to the Senedd on 6 July 2020 without prior public consultation.

A recent survey, conducted by 3PB’s Luke Ashby and Albion Chambers Kate Brunner QC for the Western Circuit, showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar. Luke Ashby now offers some practical guidance on:
•what legal professionals can do to ensure remote hearings in the Civil Justice System are both effective and fair; and
•identifying the main barriers to a remote hearing and how to overcome them.

Craig Ludlow reviews the case of Tabidi v BBC [2020] EWCA Civ 733 focusing particularly focusing on the direct discrimination and costs awards issues at the centre of this case.

3PB's employment law barrister Katherine Anderson reviews the case of Fottles v Bourne Leisure.

3PB's employment law barrister Naomi Webber reviews the case of Gould v St Johns Downshire UKEAT/0002/20/BA.

3PB's employment law barrister Grace Nicholls reviews the case of Wilson Barca LLP v Shirin UKEAT/0276/19/BA.

3PB first-six pupil barrister Alex Leonhardt reviews the case Trecarrell House Ltd v Patricia Rouncefield [2020] EWCA Civ 760 in a detailed article.

In this article for the Family Law Journal, Aimee Fox outlines additional needs for children in private law and financial remedy proceedings.