Commercial News

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 practice. View her profile here.

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 capable of amounting to a transaction defrauding creditors? John Jessup analyses the decision and considers how it changes the law....

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 recognised for IP by Chambers and Partners and Legal 500 Legal Directories. Click here to view her profile. Register to...

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 Law barrister whose practice has a particular emphasis on professional negligence, contract, partnership and director disputes. Click here to view...

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 duty to act fairly. Click here to view Rebecca's profile. Click here to read her analysis. Ms Dymoke was represented at trial by 3PB’s Nicholas Leviseur...

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 manner of the termination. The trial judge held that an implied term existed. 3PB public and regulatory law barrister Nicholas...

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 a Commercial Law barrister with a particular emphasis on Insolvency and Tax. To view his profile click here.

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 the usual 1-2%) given the Defendant’s conduct in its handling of the Claimant’s vessel. Read the judgment here

Join Nicole Bollard of 3PB Barristers in Bristol as she provides an end of year case law update. Nicole will be focusing on important trade mark cases from the past year. You will hear about the details of the case and their impact which will help you in your practice and when advising your clients. Programme 12.30pm - Registration and light refreshments 1pm - Presentation 2pm - Close Register by 9am, Wednesday 5th December 2018.

In a post Brexit world where the UK aspires to frictionless cross-border trade with the EU, the VAT treatment of imports to the UK and of taxpayers’ exports to EU customers can present significant friction. Furthermore, the inherently European tax has evolved with oversight from the Court of Justice of the European Union, something the UK has rejected as a political red line In their provocative and wide-ranging article, authors Jeremy Cape, Partner, Squire Patton...

Seb Oram analyses, for LexisPSL, the practical implications of the Commercial Court’s decision in Rotam Agrochemical Co Ltd v GAT Microencapsulation GmbH [2018] EWHC 2765 (Comm). This case analysis was first published by LexisNexis on 30 October 2018. Click here to view Seb's profile. View his analysis here.

Is common law doctrine of vicarious liability of an employer for its employee’s misuse of private information excluded by the DPA? And secondly, can an employer be vicariously liable for the employee’s acts away from the workplace? Nicole Bollard analyses the Court of Appeals recent decision in W M Morrison Supermarkets plc v Various Claimants [2018] EWCA Civ 2339. Click here to read Nicole's analysis. Nicole is a Commercial Law barrister specialising in business disputes and intellectual property. Click here...