Contractual disputes
This area includes:
- Business-to-business contracts
- Consumer contracts
- Sale of goods (domestic and international)
- Supply of services
- Bills of sale
- Insurance contracts
- Share and business sale agreements.
Breaches of contract are the nucleus of commercial disputes and a core element of our work. All members of 3PB’s commercial group are specialists in dealing with contractual claims, with specialist knowledge of sector-specific statutory frameworks.
Our team can advise real-time on tactics and procedure before a contract is terminated. We can provide advice and assistance in progressing claims, assessing and presenting claims for damages, and resolving disputes without litigation. We are able to respond quickly to obtain urgent Court relief, where necessary. We can advise you on the suitability of urgent relief, and guide you through the tactics and procedure of obtaining it.
We offer particular expertise in the following sectors:
- Insurance e.g. challenges to insurers’ decisions to avoid policies or decline cover; claims under the Third Parties (Rights against Insurers) Act 2010; and reinsurance.
- Consumer e.g. consumer credit contracts; consumer hire contracts; and consumer supply contracts.
- Sale of Goods and Services e.g. claims under the Sale of Goods Act 1979 and related legislation; international contracts of sale; professional services appointments; and estate agency contracts.
- Construction (in conjunction with the Construction and Engineering Group)
- Sales of Businesses e.g. breaches of share sale warranties; expert determinations.
Our Commercial Barristers...
King's Counsel
Junior Counsel
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Pupils
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Commercial litigation barrister Saunak Irani-Nayar, who graduated with a BA and MA degree in Economics from the University of Cambridge and has been awarded several scholarships and prizes for his academic results, has become a member of 3PB. He specialises principally in banking, securities and finance litigation, contractual and business-to-business disputes, property disputes and consumer credit litigation. Ranked 1st in his year on the GDL, Saunak achieved one of the highest sets of marks ever...
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3PB Commercial law barrister Alexander Whatley analyses the case of Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 1637 (Comm), a case in which the High Court had to consider if the original, contractual agreement between the two parties or the incorrect invoice issued by the supplier was to take primacy in this commercial dispute. In reaching its decision, the High Court examined the cases of Ruttle Plant Hire Limited v Secretary of State for...
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3PB Barristers’ (3 Paper Buildings) specialist commercial and contractual dispute barristers David Parratt KC (Scot) and Nick Kaplan have successfully acted for the Defendants in Microlise Limited v James Kemball Limited & Anor [2023] EWHC 579 (KB), a preliminary issues trial between a transport logistics group of companies and the supplier of transport telemetry devices fitted into the cabs of lorries. The case in questions revolves around the terms under which the Claimant (Microlise Limited)...
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3PB commercial, chancery and property barrister Alexander Whatley considers the impact of the decision in Barton v Morris. His article entitled 'The sound of silence in contractual interpretation' can be read here. Alexander has been recommended in Legal 500 (2023) as a ‘Tier 1 Leading Individual’ in Commercial Litigation. To instruct Alexander, please contact his clerk, David Fielder, 020 7583 8055, [email protected]
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3PB Commercial Law barrister Mariya Peykova (pictured here) analyses the case of MDW Holdings Limited v James Robert Norvill and Ors [2022] EWCA Civ 883, in which the Court of Appeal brings important clarification of the principles applicable to the assessment of damages for breach of warranty and deceit in the context of a share sale. In particular, the Court considered, when assessing damages for the breach of warranty, whether hindsight should be used to...
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3PB commercial law barrister Ashley Blood-Halvorsen (pictured here) analyses for Lexis Nexis the case of Quantum Advisory Ltd v Quantum Actuarial LLP [2022] EWHC 1423 (Ch), which reminds us of the importance of clear comprehensive drafting in relational contracts. In this case, the court had to decide if the meaning of ‘Services’ in the contract covered tendering for new and or repeat business. Even though the court took into account the long-term nature of the...
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3PB’s specialist commercial litigation barrister Jakob Reckhenrich, pictured here, advises clients on the court's approach to requests to pay judgments by instalments. In this newly-penned article, Jakob analyses the relevant provisions of the Civil Procedure Rules (CPR) and the recent case law interpreting those provisions. Jakob advises that judgment debtors are usually required to pay within 14 days and that it is for judgment creditors to decide what means of enforcement to use, including the...
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3PB’s pupil barrister Jakob Reckhenrich (pictured here) has analysed the case of Readie Construction Limited v Geo Quarries Limited [2021] EWHC 3030 (QB). By way of background, Section 49 of the Sale of Goods Act 1979 prescribes the circumstances in which the seller is entitled to sue for the price. The seller has to demonstrate either that property in the goods has passed (which will be problematic if the contract contains a retention of title clause), or that the...
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3PB’s commercial law barrister Mariya Peykova (pictured here), has analysed the case of Zymurgorium Ltd v Hammonds of Knutsford plc for Lexis®PSL. Zymurgorium Ltd v Hammonds of Knutsford plc highlights the sometimes volatile nature of business relationships and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to transcribe their agreement, particularly in the light of the fallible nature of oral evidence. The case relates to a dispute arising...
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3PB’s specialist commercial and construction barrister Seb Oram (pictured here) has analysed the Supreme Court case Triple Point Technology Inc v PTT Public Co Ltd [2021] UKSC 29 for Lexis Nexis. 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...
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3PB’s specialist tax and commercial law barrister Max Schofield (pictured here) has analysed the case of Deluxe Property Holdings Ltd v SCL Construction Ltd for the British Tax Review. This detailed case analysis is a must-read for legal professionals specialising in business law as it addresses the trusts law treatment of overpaid VAT, repaid by HMRC under section 80 and 80A – especially repayments with reimbursement arrangements and Quistclose trusts. Read the full case analysis...
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Barrister Jakob Reckhenrich, a multiple-scholarship award winner and Oxford and Brown Universities alumnus, has joined 3PB to advise on commercial, real estate and property disputes. He joins 3PB, initially as a third six pupil, after completing his pupillage at Monckton Chambers and working as a judicial assistant in the Commercial Court, where he assisted, among others, Mrs Justice Cockerill and Mr Justice Butcher. Jakob Reckhenrich came to the Bar after working as an academic philosopher...
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