Seb Oram

Seb Oram

Year of Call: 2007
Email Address: seb.oram@3pb.co.uk
Telephone: 020 7583 8055

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Commercial

Seb Oram's Commercial practice focuses on professional negligence, insolvency and business entities (Company Law, LLPs and joint ventures). A significant proportion of the matters in which he acts raise questions of conflicts between international jurisdictions.

In the field of professional negligence, his experience in the Commercial sphere extends to claims against lawyers, insurance brokers, finance professionals, and company directors. He is frequently instructed in claims arising from the misconduct of litigation and conveyancing transactions. He also prosecutes and defends claims for breach of directors’ duties, including derivative claims under the Companies Act 2006.

In each of his practice areas he represents parties in arbitration, the High Court and the County Court.

Recent cases

  • Claim for contractual commission by the distributor of financial products, against the arranger and promoter of a $50m programme of Senior Loan Notes and mini-bonds (ongoing; Commercial List)
  • Defending an assigned liquidator’s claim against a director, alleging breaches of fiduciary duty arising out of the implementation of a remuneration trust tax scheme (ongoing)
  • Buyer’s claim against manufacturer, for breach of warranties of quality and description of bulk consumer goods sold under a contract for international sale (2019; Commercial Court)
  • Professional negligence claim against conveyancing solicitors, resulting in transfers of defective title (2020; Chancery List)
  • Professional negligence claims against financial (tax) advisors, arising from ‘film scheme’ income tax mitigation advice (2018; Queen’s Bench)

Recent cases (Commercial):

  • Deluxe Property Holdings Ltd v SCL Construction Ltd [2020] EWHC 3354 (TCC)
    Claims for proprietary relief and in unjust enrichment, in respect of mistakenly overpaid VAT
  • Davy v. Pickering [2017] EWCA Civ 30; [2017] 2 BCLC 260, The Times, 2017, 8 March
    The discretion to make directions under s.1032 of the Companies Act 2006, including provision back-dating the deemed date of presentation of a winding up petition.
  • Dawson v. Bell [2016] EWCA Civ 96; [2016] 2 BCLC 59
    Damages for economic duress / tort of intimidation, arising out of the execution of a shareholders’ agreement.
  • Green (as liquidator of Al Fayhaa Mass Media Limited) v. El-Tai [2015] BPIR 24 (Ch)
    Liquidator’s preference claim considering director’s duty of fairness between creditors, in repaying loans.
  • Threlfall v. ECD Insight Ltd [2013] IRLR 185 (QB)
    Breach of solicitation covenant in director’s employment contract, and in a share buy-out agreement.
  • JGD Construction Ltd v. Mills [2013] EWHC 572 (Ch), [2013] BPIR 811
    Appeal considering the extent to which the court has   a discretion to make a final third party debt order, notwithstanding the fact that the judgment debtor has entered formal insolvency proceedings.
  • Stupples v. Stupples & Co (High Wycombe) Ltd [2012] EWHC 1226 (Ch); [2013] 1 BCLC 729
    Defence of claim for agent’s fees, based on agent’s conflict of interest.
  • Asiansky Television Plc & Anor v Khanzada & Ors [2011] EWHC 2831 (QB)
    Professional negligence claim in relation to the conduct of litigation.
  • Imageview Management Ltd v. Jack [2009] EWCA Civ 63; [2009] 2 All ER 666; [2009] 1 Lloyd's Rep 436; [2009] 1 BCLC 724; [2009] Bus LR 1034; The Times, 24 March 2009
    Extent of a fiduciary’s disentitlement to remuneration following breach of duty.
  • Articles
    • Seb Oram on the implications of Supreme Court case Triple Point v PTT [2021] for commercial and construction practitioners

      3PB’s specialist commercial and construction barrister Seb Oram has analysed the Supreme Court case Triple Point Technology Inc v PTT Public Co Ltd [2021] UKSC 29.

      This case is significant for those who draft commercial contracts (particularly construction and technology contracts) in which parties include provisions to quantify damages in advance, or to cap their liabilities. It is also significant for commercial litigators, since it explains when and how such clauses will be enforceable in the event of termination.

      This analysis was first published by LexisPSL® on 22 July 2021.

      View Article
    • Construing the meaning of a judicial order or injunction (SDI Retail Services Ltd v The Rangers Football Club Ltd)

      SDI Retail Services Ltd v The Rangers Football Club Ltd [2021] EWCA Civ 790

      3PB’s specialist commercial and construction barrister Seb Oram (pictured here) has analysed the Court of Appeal case of SDI Retail Services Ltd v The Rangers Football Club Ltd for Lexis Nexis.

      View Article
    • Reasonableness, good faith and ‘the spirit of the agreement’ in commercial contracts

      Westfields Homes Ltd and another v Keay Homes (Windrush) Ltd [2020] EWHC 3368 (Ch)

      Seb Oram has reviewed the case of Westfields Homes Ltd v Keay Homes (Windrush). The case involved a potential breach of commercial, land-development contract and serves as a must-read for all commercial lawyers and litigators alike.

      This article was first published by Lexis®PSL on 22/03/2021

      View Article
    • Do shareholders in a family or quasi-partnership company, owe each other fiduciary duties?

      Commercial update: fiduciary duties between shareholders of a quasi-partnership company

      Do shareholders in a family or quasi-partnership company, owe each other fiduciary duties?
      Seb Oram analyses the recent decision of the Chancery Division in De Sena v. Notaro [2020] EWHC 1031 (Ch) for LexisPSL’s Case Analysis Expert Panel. This article was first published by Lexis®PSL on 11/05/2020.

      View Article
    • Sale and purchase agreements - entitlement to disclosure of post-completion valuation report (Zedra Trust Company (Jersey) Ltd v The Hut Group Ltd)

      Access to accounting information under Share Purchase Agreements. Seb Oram analyses, for LexisPSL, the recent decision in Zedra Trust Company (Jersey) Ltd v. The Hut Group Ltd [2019] EWHC 2191 (Comm), in which the Commercial Court considered what rights one party to a Share Purchase Agreement has against the other, to access information about the company after completion of the sale. This article was first published by Lexis®PSL on 28 August 2019.

      View Article
    • Commercial negotiations and draft contracts: the formation of a binding contract

      Commercial update: Commercial negotiations and draft contracts – the formation of a binding contract

      When one party pulls out of commercial negotiations before a contract is signed, how does the Court determine if a contract has been formed? Seb Oram analyses the Commercial Court’s recent decision in Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH [2018] EWHC 2765 (Comm).

      Seb is a Commercial Law barrister specialising in professional negligence and the construction sector.

      View Article
    • Unfair terms – a review of recent developments

      Unfair Terms: What has changed recently?
      UCTA 1997: dealing on another’s standard terms
      Changes to unfair terms in consumer contracts

      To read Seb Oram's analysis, please click on the link below.

      View Article
    • After Schrems, how lawful is cloud storage?

      3PB's commercial law barrister Seb Oram authors 'After Schrems, how lawful is cloud storage?'. An analysis of Case C-362/14 Schrems v. Data Protection Commissioner.

      View Article
    • Professional negligence: conveyancers’ scope of duty revisited

      Commercial update: Professional negligence - Seb Oram revisits conveyancers' scope of duty. The Supreme Court has recently heard a challenge to the SAAMCO 'scope of duty' principle, in the context of a professional negligence claim against conveyancers. Seb Oram analyses the recent, landmark decision in BPE Solicitors v. Hughes-Holland [2017] UKSC 21 (SC) that considers how the scope of duty principle applies.

      View Article
  • Recommendations

    Experienced junior focusing on professional negligence claims against construction professionals, among others. He has experience litigating in the Court of Appeal as well as the TCC.
    Strengths: "Considered, robust, articulate, technically sound and has a great ability to absorb complex facts and cut to the heart of the issue."
    Recent work: Acted in a claim against structural engineers for economic losses resulting from negligent advice about the adequacy of foundations for the vertical extension of a commercial building.
    Chambers UK 2021/Professional Negligence: Technology & Construction London Bar – Band 3

    Strengths: "He is good at explaining things in a calm, methodical and well thought out way. He listens to instruction and his overall demeanour is very confident." "Considered, robust, articulate, technically sound, and has a great ability to absorb complex facts and cut to the heart of the issue."
    Recent work: Acted in a claim against structural engineers for economic losses resulting from negligent advice on the adequacy of foundations for the vertical extension of a commercial building.
    Chambers UK 2020/Professional Negligence: Technology & Construction London Bar – Band 3

    "He very quickly inspires confidence in the client and is a measured but very effective negotiator."
    Recent work: Acted before the Court of Appeal in a claim arising out of the design, tendering and supervision of the structural relandscaping of a terraced garden, and considering whether a professional could be held liable for services provided gratuitously.
    Chambers UK 2019/Professional Negligence: Technology & Construction London Bar – Band 3

    Strengths: "You can bombard him with information and he sees straight through everything that needs to be swept aside. He gets to the crux of the issue. He is also a very effective communicator."
    Chambers UK 2018/Professional Negligence: Technology & Construction London Bar – Band 3

    ‘He has a great ability to absorb complex facts and cut to the heart of the issue. He is methodical and, in terms of bang for your buck, you get a much bigger bang with Seb than you would with other barristers of a similar year of call.’
    Legal 500 2021
    /Professional Negligence/Leading Juniors /Tier 5/London

    ‘Excellent on construction-related claims.’

    Legal 500 2020/Professional Negligence/Leading juniors/London

    'Incredibly detailed, solid and hardworking.'

    Legal 500 2018/19/Professional Negligence/Leading juniors/London

  • Expand recommendations
View Full CV
  • The Legal 500 - Leading Individual 2021 Logo
  • Top Ranked Chambers - Leading Set 2020 - UK Bar Logo

Academic qualifications

  • MA (Hons.) Law, Trinity Hall, Cambridge
  • LL.M., University of Bristol

Professional qualifications & appointments

  • Called 2007; Lincoln’s Inn

Professional bodies

  • Associate member of the Association of Business Recovery Professionals (“R3”)
  • Chancery Bar Association
  • Member of the Society of Construction Law
  • Technology & Construction Bar Association (TECBAR)