News

Paul Newman, construction barrister and RIBA and TecBar accredited adjudicator,  participated in a CIOB / Chartered Institute of Arbitrators ‘mock adjudication’ at The University of South Wales, Cardiff on 28 April. Paul played the central role of the adjudicator at the event, attracting delegates  from the construction industry and related professions. Paul advises across a broad range of construction disputes, appearing in Court and arbitration hearings and also representing clients in adjudication (including enforcement proceedings)...

Oliver Isaacs, employment law barrister at 3PB represented Carly McWilliams in the high profile McWilliams v Citibank NA case. Judgment was recently announced with a remedy hearing listed for later in the year. Carly McWilliams is the latest of a number of forex traders dismissed in the wake of investigatory probes by the US Department of Justice and the Financial Conduct Authority.  Miss McWilliams was dismissed for breaching client confidentiality.   She alleged she was unfairly...

Professional Discipline barrister Jane Rowley successfully defended a Registrant before the Fitness to Practice Committee of the General Pharmaceutical Council, instructed by Stephensons Solicitors. Jane invoked a ground breaking procedure before the Council who accepted undertakings from the Registrant, thereby permitting him to continue to practice without the making of an order.  

This case presents an interesting review by Leggatt J of the applicability of automatic enrolment provisions of the Pensions Act 2008 and the role of the Pensions Regulator in enforcing them against peripatetic employees, most notably seafarers living in the UK but working on vessels that spend little time in UK territorial waters. It has relevance to employment law but also regulatory and criminal practice.  

If a contract for work and materials is performed badly, can there be a total failure of consideration? By what ‘performance’ is that question to be addressed? And can there also be a claim for damages? Christopher Edwards (Call 2008) analyses the most recent contribution of the Court of Appeal to the question of total failure of consideration and damages, in Gartell & Son (a firm) v. Yeovil Town Football & Athletic Club Limited [2016]...

The matter was sifted to a 3(10) preliminary hearing before the President of the EAT, due to the apparent weakness of the case. Persuading Langstaff P that there was some merit to it, the matter proceeded for a full hearing in front of Slade J. Essentially, the Respondent had dismissed the Claimant because of aggression he said was due to an epileptic fit and provided some medical evidence in support. The Respondent did not believe him. The...

The matter concerned a finding that the Claimant could not claim loss of earnings for periods in which she did not put herself forward for work (on a zero hours contract). It was sifted to a 3(10) preliminary hearing before the President of the EAT, Langstaff P, due to the apparent weakness of the case. It then went forward to a full hearing in front of the Senior President of Tribunals, Sir Ernest Ryder LJ. He agreed with the argument that the...

On 22nd May, Michelle Marnham will be walking 50 kilometres in aid of Demelza Hospice Care for Children. The walk will be from Sittingborne to Eltham and will take the best part of 11 hours.  If you wish to sponsor Michelle, please click here. More information on her chosen charity can be found here.

Frank Feehan QC advised the Respondent (ZN – father) in the matter of N (Children) [2016] UKSC 15. The issue in the case was whether the future of two young girls should be decided by the UK courts or by the authorities in Hungary, both children being nationals of Hungary. The Supreme Court decided that jurisdiction lies with the courts of the member state where the child is habitually resident, in this case England To...

The seminar will address (1) The approach of OHIM and/or the UK courts to genuine use, acquired distinctiveness, infringement and injunctive relief, and (2) The impact of the changes introduced by Regulation (EU) 2015/2424 (amending Council Regulation (EC) No 207/2009 on the Community Trade Mark) on current procedure and approach. Victoria will provide an analysis of relevant case law on the afore-mentioned subjects and will also provide an insight into the practice and procedure in...

Michael Parroy QC, led James Byrne of 9 Gough Square and Sheena Cassidy of 3PB in the confiscation proceedings against Tom Hayes, the first individual to be convicted after trial for the manipulation of LIBOR. Hayes was ordered to pay £878,806, relating to bonuses, pay increases and other incentives he received in part due to his manipulation of LIBOR. Michael Parroy QC successfully argued that Hayes' illegal actions had led to his having enhanced status...

On 14th April Alex Line and Charlotte Hadfield of the 3PB's education law team provided training to Somerset County Council on school admissions law. The talk included a consideration of fairness and natural justice in admissions appeal hearings; the impact of legislation such as the Equality Act 2010 to school admissions; and a focus on Infant Class Size appeals in particular relating to children with parents in the armed forces.