Commercial News

3PB Commercial Barrister Marc Brittain and Pupil Barrister Mariya Peykova consider the conditions under which employers in the construction industry should have to pay a levy for the purpose of meeting the expenses of an industrial training board. Click here to read Marc Brittain and Mariya Peykova's analysis. Marc Brittain marc.brittain@3pb.co.uk and Mariya Peykova mariya.peykova@3pb.co.uk can be contacted by emailing them or their clerk David Fielder on david.fielder@3pb.co.uk or by calling him on 0330 332...

3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...

In this article written for the British Tax Review, Max Schofield reviews News Corp UK & Ireland Ltd v HMRC and whether digital versions of newspapers should attract VAT, while printed versions do not. Click here to read Max Schofield's analysis. Max Schofield is a commercial chancery barrister with an interest in VAT liability and rates as well as contractual disputes and commercial injunctions. Max has been instructed to advise and appear in his own right...

Max Schofield analyses Landlinx Estates Ltd v HMRC, in which an option agreement over land was broken when the seller backed out and paid the would-be buyer £1.4m. HMRC wanted a slice of the action as VAT on the deal. Click here to read the full analysis, published in Accounting Web. Max Schofield is a commercial chancery barrister with an interest in VAT liability and rates as well as contractual disputes and commercial injunctions. Max has...

3PB Commercial Barrister Marc Brittain and Pupil Barrister 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. Click...

3PB specialist intellectual property (IP) barrister Victoria Jones has successfully represented British Gymnastics in its action against UK Gymnastics. Following a 2 day hearing in March, on Friday 26 June 2020, HHJ Melissa Clarke sitting as an Enterprise Judge in the IPEC, handed down a 66 page judgment finding in British Gymnastics’ favour on every count of registered trade mark infringement and passing off. A copy of the judgment can be found here. Specialist IP barrister...

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. The judgment provides a helpful discussion of the case law concerning the principles of contractual interpretation and implied terms. It also serves as a reminder to practitioners that evidence of statements made in...

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. In this article, they outline the key practical considerations for solicitors dealing with corporate insolvency during this time and how those considerations might impact the winding up of companies. Within the article some comment is made of the new Moratorium process and...

3PB’s specialist commercial law barristers David Parratt QC and Rebecca Farrell review the cost consequences of a clients unreasonable refusal to engage in ADR. The article includes a recent case law review which demonstrates a particular trend whereby Courts will examine closely the actions of the parties in relation to offers of ADR as to whether they are ‘reasonable’ or not. Even the failure to respond to a Part 36 Offer alongside an offer to...

Joseph Giret QC, the highly respected commercial and chancery litigation expert and biker barrister, has just been awarded a Queen’s Award for services to the Voluntary Sector, which he and fellow volunteer blood delivery bikers  at the charity Blood Bikes SERV OBN have received. This service by emergency bike rider volunteers is part of a nationwide service - provided by unpaid volunteers to help out the NHS with active members like Joseph Giret QC  –...

Lydia Pemberton, deputy head of 3PB’s Property and Estates team, and Charles Irvine, a member of 3PB’s Property and Estates team and Commercial team, have reviewed the new changes to the execution of documents brought about shortly before and since the COVID-19 pandemic and lockdown. New ways of working have meant a rise in technology and electronic communications which brings new formalities when it comes to dealing with the execution of legal documents. In this...

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. To read the full article please click here. Seb is a Commercial and Construction Law barrister. Click here to view his profile.