Commercial News

The effects of EU Withdrawal for Commercial Lawyers

The United Kingdom’s withdrawal from the European Union is brought into effect at a domestic level by the European Union (Withdrawal) Act 2018 (“the Act”). As has been extensively reported, the Act and the subordinate legislation that it will give rise to, constitute the single largest legislative reform programme that this country has witnessed. 3PB's […]

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Commercial update - Max Schofield: Claiming VAT input tax on legal services benefitting a taxpayer company and its director

If legal services are provided to a taxpayer company and to its director, can the company reclaim the input tax? Max Schofield analyses the Court of Appeal decision in Praesto Consulting UK Limited v. HMRC [2019] EWCA Civ 353. Max is a Commercial Law barrister whose practice has a particular emphasis on indirect taxation. Read Max Schofield's analysis here. […]

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Commercial update - Rebecca Farrell: Substituted service of bankruptcy petitions

The High Court has ruled that permission to serve a bankruptcy petition by a substituted means cannot be given retrospectively. Rebecca Farrell analyses the decision Ardawa v. Uppal and Jordan [2019] EWHC 456 (Ch) and considers how it changes the law. Click here to read Rebecca's analysis. Rebecca is a Commercial Law barrister with a significant Company Law and Insolvency […]

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Commercial update - John Jessup: The interests of creditors on insolvency at common law. Have the goalposts moved?

The Court of Appeal has handed down its landmark judgment in Sequana, in the Insolvency sphere (BTI 2014 LLC v Sequana S.A. [2019] EWCA Civ 112). How likely does insolvency need to be, before a director must consider the interests of creditors when deciding what is in the company’s best interests? Is a dividend payment […]

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Victoria Jones earns another ranking for her Intellectual Property expertise from the World Trademark Review 2019

Victoria Jones’ expertise has once again been acknowledged in the World Trademark Review: “Victoria Jones is highlighted for her specialisation in trademark, passing off and online enforcement matters and for the commercial and pragmatic way in which she approaches complex cases”. This ranking is further acknowledgement of Victoria’s first class Intellectual Property expertise. Victoria is also […]

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Commercial update - Richard Whitehouse: Scope of duty in professional negligence: the return of “advice” versus “information”

In the first case on scope of duty in professional negligence since BPE Solicitors v. Hughes-Holland, has the Court of Appeal returned to the classic distinction between ‘advice’ and ‘information’ cases? Richard Whitehouse analyses the recent decision in Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40. Click here to read Richard's analysis. Richard is a Commercial […]

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Commercial update - Rebecca Farrell: Termination of memberships, and natural justice

What duties does an organisation owe when considering whether to terminate the membership of one of its members, for a reason not expressly dealt with in its rules of association? Rebecca Farrell analyses the recent decision of Dymoke v. Association for Dance Movement Psychotherapy [2019] EWHC 94 (QB) which considered whether there is an implied […]

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3PB barrister Nicholas Leviseur in corporate governance case law: membership groups, terminating membership and an implied term

Judgment was given last week in Dymoke v Association for Dance Movement Pyschotherapy UK Ltd [2019] EWHC 94 (QB) by Mr Justice Popplewell. The case concerned a company limited by guarantee and, in the context of a decision to terminate a member's membership, an argument based on the existence of an implied term concerning the […]

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Max Schofield represents taxpayer in successful appeal in juice cleanse case

Max Schofield represented The Core (Swindon) in a successful appeal against HMRC regarding the VAT treatment of juice cleanse programmes. The First Tier Tribunal ruled that the juice cleanse programmes, taken in place of meals, were to be classified as food rather than beverages and were, therefore, zero-rated." Read the Judgment here Max Schofield is […]

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Charles Irvine acts in claim against Sirius Marine Services for defective workmanship

Charles Irvine acted for Mr Greatbatch in a High Court (Business and Property)(Queen’s Bench Division)(Admiralty) claim against Sirius Marine Services Ltd for defective workmanship. The case raised issues as to the correct rate for the loss of use of a pleasure vessel.  The Court awarded loss of use at a rate of 8% (rather than […]

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