Commercial News

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...

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.