Commercial News

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. 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...

When one party pulls out of commercial negotiations before a contract is signed, how does the Court determine if a contract has been formed? Seb Oram analyses the Commercial Court’s recent decision in Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH [2018] EWHC 2765 (Comm). Click here to read Seb's analysis. Seb is a Commercial Law barrister specialising in professional negligence and the construction sector.

When will a solicitor need to give a warning to his client about obvious risks that come to his attention when performing his retainer, but which he has not been formally retained to advise on? Richard Whitehouse  analyses the Court of Appeals recent decision in Lyons v. Fox Williams LLP [2018] EWCA Civ 2347. Click here to read Richard's analysis. Richard is a Commercial Law barrister specialising in professional negligence and business disputes. View Richard's profile here.

3PB’s Alexander Whatley has successfully defended against a claim for an agency fee which turned on the interpretation of an ‘Introduction’. This is a widely contested issue in both the estate agency and recruitment agency sectors in the UK. The claim was defeated half-way through the trial by way of a successful submission, by 3PB commercial barrister Alexander Whatley, of no case to answer relying on Foxtons Ltd v Pelkey Bicknell [2008] EWCA Civ 419....

3PB silk David Berkley QC appeared on Sky News this week commenting on the £210,000 in damages awarded to Cliff Richard in a High Court privacy case against the BBC. Mr Berkley said that the rights to privacy of the individual and the freedom of speech afforded to the press needed to be balanced.

3PB’s Commercial and Property barrister Rebecca Farrell, instructed by Ian Baker of London solicitors PGB Gitlin Baker, acted for the Petitioning Creditor Darius Khakshouri in successfully obtaining the bankruptcy of former property tycoon Kevin Cash who owed the businessman in excess of £3 million. The bankruptcy was obtained at Oxford County Court last week. The bankruptcy of Kevin Cash has attracted widespread publicity – alongside the planned sale of his £28m Oxfordshire home. Coverage includes...

Victoria Jones successfully represents UK law firm Loch Associates Group in successfully defending oppositions to its nine trade mark applications incorporating the word ‘Loch’ brought by Cloch Solicitors Limited based upon its earlier ‘Cloch’ marks and in successfully opposing Cloch Solicitor’s attempt to register the mark ‘Loch’. The Registrar found that (i) ‘Loch’ was conceptually dissimilar to ‘Cloch’ with the former having an obvious meaning and the latter being meaningless such that despite identical services, the average consumer would not be confused between...

John Jessup considers the recent Court of Appeal decision of Marex Financial Limited [2018] EWCA Civ 1468 which answers the question of whether the rule against reflective loss (which prevents a shareholder bringing an action for loss of value of their shares) applies to unsecured creditors. Click here to read John's analysis. Read John's profile here.

Christopher Edwards considers the case of First Tower Trustees Ltd and Intertrustees Limited v CDS (Superstores International) Limited [2018] EWCA Civ 1396 and the role of basis clauses in avoiding liability in contracts. Click here to read his analysis. Click here to view Christopher's profile.