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3PB commercial, chancery and property barrister Alexander Whatley considers the impact of the decision in Barton v Morris. His article entitled 'The sound of silence in contractual interpretation' can be read here. Alexander has been recommended in Legal 500 (2023) as a ‘Tier 1 Leading Individual’ in Commercial Litigation. To instruct Alexander, please contact his clerk, David Fielder, 020 7583 8055, [email protected]
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3PB Barristers’ (3 Paper Buildings) specialist commercial and chancery barrister Aaron Mayers (pictured here) discusses a recent dispute that was heard in the Court of Appeal regarding whether Bitcoin network developers have a fiduciary duty towards Bitcoin owners. The case in question involves Tulip Trading Limited, which lost $4bn in Bitcoin when the private keys to its wallet disappeared in a hacking incident in 2021. Tulip brought claims against a number of Bitcoin network developers...
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3PB Barristers’ (3 Paper Buildings) specialist commercial law barrister Makhsudul Islam (pictured here) explores the case of BTI 2014 LLC v Sequana SA & Others, a recent dispute involving the defining of directors’ duties towards creditors and stakeholders in the event of likely insolvency. The case in question relates to the point at which the “success duty” becomes the duty of company directors to give preference to creditors upon likely insolvency, in relation to a £119m...
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3PB Barristers’ (3 Paper Buildings) Victoria Hamblen discusses the case of Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWCA Civ 1699. This recent case relates to Consulting Concepts International Inc bringing court proceedings against Consumer Protection Association (Saudi Arabia) for unpaid invoices amounting to more than 15 million USD. However due to the vague nature of the terms of agreement, the claim was issued outside of the six-year limitation period, as...
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3PB commercial barrister Mariya Peykova reviews the recent case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555 in relation to arbitration agreements, and the limited scope of the separability principle. The case considered whether a proposed charterparty which was expressly stated to be ‘subject shipper/receivers approval’ contained a binding arbitration agreement conferring jurisdiction on an arbitrator to determine whether the charterparty contract had been concluded. Click here to...
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Max Schofield (pictured here) was representing Amanda Frolich (trading as Amanda’s Action Club) in her appeal in the First Tier Tribunal (Tax) on a pro bono basis. The case concerned the “private tuition exemption” in Item 2 of Group 6 in Schedule 9 of the VAT Act 1994. Amanda’s Action Club runs lessons for young children and children with SEND in accordance with the Early Years Foundation Stage (EYFS) introduced under the Childcare Act 2006,...
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Aaron Mayers discusses the case of Gorbachev v Guriev [2022] EWCA Civ 1270 and investigates how the case sets a precedence for the meaning of extra-territoriality. The case in question involves the obtaining of financial documents from two Cypriot trusts which were funding the Defendant, a business based in Russia. Aaron examines the significance of the Commercial Court and the Court of Appeal concluding that serving a non-party disclosure application to the Cyprus-based Trustees was...
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Rob Dawson, specialist construction and commercial barrister at 3PB Barristers (3 Paper Buildings) analyses the case of MUR Shipping BV v RTI Ltd. In the case, which was recently heard by the Court of Appeal, MUR Shipping invoked a force majeure clause against RTI Ltd for failing to comply with the contractual requirement to pay for freight in US Dollars, instead offering payment in Euros. In his analysis, Rob examines the effect that MUR v...
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3PB (3 Paper Buildings) are delighted to announce that intellectual property and commercial litigation barrister Nicole Bollard (pictured here) has been appointed by the Lord Chief Justice as a part-time Deputy District Judge (DDJ) on the Western Circuit to preside on civil cases. Nicole is a specialist intellectual property (IP) expert who is regularly instructed in cases in the High Court, IPEC and the UKIPO. Nicole’s practice covers all areas of IP and she has...
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3PB intellectual property barrister Mark Wilden analyses Genius Sports Technologies Ltd v Soft Construct (Malta) Ltd [2022] EWHC 2637 (Ch). In the case, which took place earlier this month, the judge – Mr Justice Marcus Smith – departed from the Business & Property Courts disclosure regime, instead ordering the adoption of “massive overdisclosure”. Mark examines the judgment and how rather than burdening litigants and causing “eyeball review”, technology means that “this judgment gives something of...
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Aaron Mayers (pictured here), specialist commercial and chancery barrister at 3PB Barristers (3 Paper Buildings), has written for Practical Law’s Dispute Resolution Blog about the impact on litigation of the sanctions placed by the UK and EU involving Russian Designated Persons – those companies and oligarchs restricted from trading goods or services or benefiting from such trade. In his piece, published here, Aaron looks at the recent case of Maroil Trading Inc and others v...
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3PB Barristers (3 Paper Buildings) has been awarded a record number of rankings in the latest edition of Chambers and Partners with a total of 73 accolades for its barristers. The national heavyweight chambers achieves its rankings in London, South Eastern, Western and the Midlands - in 18 categories of law. Earlier this year, 3PB also celebrated its first ranking in Chambers and Partners High Net Worth guide. Click here to view the full results...
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