Commercial News

3PB Barristers are delighted to host CITMA's first Midlands lecture of the year at our Birmingham Chambers. Programme Outline Recent trade mark decisions are beginning to impact the future of trade mark applications: 3PB IP Barrister Victoria Jones will share her insights and forecasts, outlining what we can now register as a trade mark, and the specifications applied to marks. Victoria will also review the CJEU reference in Sky v SkyKick, where the telecoms giant claimed...

Max Schofield analyses the recent Court of Appeal decision in National Car Parks Ltd v HMRC [2019] concerning parking ticket overpayments and consideration for VAT purposes. Click here to read Max's analysis. Click here to view his profile.

Commercial barrister Christopher Edwards analyses the Court of Appeal decision in Times Travel (UK) v Pakistan International Airlines Corporation and its impact on the criteria of lawful economic duress and reasonableness in commercial contracts. Click here to read Christopher's analysis. Click here to view his profile.

John Jessup reflects on a recent High Court case in which he appeared and which sheds further light on proprietary estoppel in contracts for the sale of land. Click here to read John's analysis Click here to view John’s profile

Nicole Bollard analyses The Racing Partnership Ltd and others v Done Brothers (Cash Betting) Ltd), a case involving a broad range of claims including conspiracy, copyright, database rights and breach of confidence, which will be of interest beyond those working in the horseracing arena, to those working industries which produce and disseminate data to third parties. Click here to read Nicole's analysis - This article was first published by Lexis®PSL on 14/05/2019 Click here to view Nicole’s...

3PB commercial barrister Max Schofield analyses the implications of the Court of Appeal’s judgment on Praesto Consulting v HMRC, in particular, when a company can reclaim the VAT for legal proceedings against its director. Click here to read Max's article. This article was first published in the Tax Journal.  

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 Head of Chambers David Berkley KC, and Seb Oram explain the effect of the Act, and provide a practical guide to those changes...

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.

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...