News

Neil Fawcett analyses the Commercial Court’s recent decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. The case analyses the interpretation of an implied term of good faith, as well principles of construction in relation to contracts of good faith. Click here to read Neil Fawcett's analysis. This article was first published by Lexis®PSL on 29 October 2019.

3PB’s Birmingham office was delighted to host the recent launch event of the “Aspiring Black Lawyers” network at our landmark Colmore Building offices. The event coincided with the conclusion of Black History Month and was attended by over 80 students, solicitors, barristers, academics and others enthusiastic for improved diversity and inclusion in the law from across the Midlands region and beyond, all keen to see the start of what the network hopes are remarkable and...

Richard Owen-Thomas edits 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Bowen, Katherine Anderson, Grace Nicholls and Naomi Webber. Case summaries cover: Bessong v Pennine Care NHS Foundation Trust UKEAT/0247/18/JOJ - Third party harassment Mustard v Flowers & Ors [2019] EWHC 2623 (QB) - Covert recording in a PI claim: ramifications for Employment Tribunals? Ugradar v Lancashire Care NHS Foundation Trust UKEAT/0301/18 - Contractual redundancy pay and the statutory cap Gray v Mulberry...

In the EAT case of Humankind Charity (formerly Blenheim CDP) v Gittens (judgment not yet available), Mark Green (instructed by Ellis Whittam) successfully represented the Appellant. Ms Gittens was dismissed for misconduct, following an allegation of dishonesty. The Employment Tribunal found that the Respondent had fairly dismissed her but went on to find that she had been wrongfully dismissed, as she had no duty to disclose her own misconduct and therefore had not fundamentally breached...

3PB's criminal law barristers Tim Bradbury and Tom Evans successfully prosecuted jewellery thieves. Earlier this year, in March 2019, an armed raid took place at J Franses Jewellers in Bournemouth and over £600,000 worth of jewellery and watches was stolen. Following a trial at Southampton Crown Court, three defendants have been found guilty for their role in the conspiracy: Jonathan Oriba acted as a getaway driver for the armed robbers; Rowan McLauglin provided a base...

Two of 3PB’s specialist construction barristers have today called for Australia-style legislation for the house and building construction industry after the Grenfell Report. This morning, the Grenfell Tower Inquiry, chaired by Rt Hon Sir Martin Moore-Bick, delivered its Phase 1 Report.  The publicity leading to the report foreshadowed conclusions that will make uncomfortable reading for the fire brigade, although reflecting the heroism and devotion of the fire fighters themselves as well as for some in...

3PB specialist commercial and property barrister Neil Fawcett analyses the decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm) regarding the interpretation of an implied term of good faith in a sponsorship agreement between a football club and a manufacturer of sportswear, as well as summarising the familiar principles of construction in relation to contracts of good faith. The article also deals with the court’s decision on...

3PB’s criminal law barrister Nicholas Cotter, acting for the defence, assisted in reducing the life tariff of a son who sadly murdered his father when under the influence of butane gas. Dominic Hodgson, 37, thought his father had "turned evil" when he inflicted multiple head wounds at their shared home in Sherborne, Dorset, in May. Robert Hodgson, 72, had reluctantly let his son stay with him as he had nowhere to go, Winchester Crown Court...

It is with regret and sadness that we announce the passing of Graham Kean. From the day he qualified as a Solicitor in 1976, Graham appeared in court almost every day. Graham initially worked at solicitors firms, in both Oxford and Bristol, practising in criminal and family cases. It was not long before Graham established his own practice as an independent Solicitor Advocate specialising in Criminal work (both prosecuting and defending) and Children Act Family...

Neil Fawcett (2006 call) has joined 3PB‘s leading Commercial and Property teams. Neil  has a broad commercial and chancery practice and will be based in 3PB’s Birmingham Office in the landmark Colmore Building. In the property arena Neil acts for individuals, private companies and public bodies in relation to commercial property disputes, including multi-day High Court and County Court trials and has experience of trials in the property tribunal. In banking and financial services litigation Neil...

Supreme Court: A Judge, even though not a worker, can rely on whistleblowing protection in a boost for the application of EU rights to domestic law Joseph England of 3PB Barristers analyses the Supreme Court's decision - Read the full article here. Gilham v Ministry of Justice [2019] UKSC 44 The Supreme Court handed down its judgment in Gilham on 16 October 2019. The SC considered whether a Judge could rely on whistleblowing protection, holding...

Fraudulent Personal Injury Claims: Tips for Litigating Fundamental Dishonesty - An update by Ikeni Mbako-Allison. Click here to read Ikeni's analysis.