Commercial News

Max Schofield appears before a Grand Chamber in the Court of Justice of the European Union

3rd May 2022

Max Schofield (pictured here) appeared for the taxpayer, Fenix International Ltd, in a preliminary reference from the First-Tier Tax Tribunal to the Court of Justice of the European Union. The case (C-695/20) was heard before a panel of 15 Judges, including the President and Vice-President of the Court, in Luxembourg on 3 May 2022. The subject of the appeal is the validity of a Council Implementing Regulation which imposes, by way of Article 9a, a...

Victoria Jones successfully defends ‘Funtime Freddy’ and ‘Funtime Foxy’ in the IPEC 

29th April 2022

On Wednesday 27 April 2022, judgment was handed down by Deputy High Court Judge Amanda Michaels, in the case of Luen Fat Metal and Plastic Manufactory Co Ltd v Funko UK, Ltd [2022] EWHC 951 (IPEC), in which the Claimant had brought claims against the Defendant for infringement of its ‘Funtime’ trade mark as a result of the Defendant’s use of the names ‘Funtime Freddy’ and ‘Funtime Foxy’ on its products. After narrowing the specification...

The perishing of post-pandemic protections: insolvency and commercial property update

31st March 2022

3PB specialist Commercial and Property barristers Charles Irvine and Rebecca Farrell (pictured here) reflect on the expiry of remaining temporary measures introduced by the Corporate Insolvency and Governance Act 2020 (“CIGA”), which provided important protection to businesses during the Covid pandemic. Rebecca and Charles also examine the impact for Landlords and Tenants of the Commercial Rent (Coronavirus) Act 2022 (“the Act”) which received Royal Assent on 24 March 2022, including useful guidance that practitioners may...

3PB Commercial appoints Seb Oram and Rebecca Farrell as Heads of group

21st March 2022

We are pleased to announce the selection of Seb Oram and Rebecca Farrell, as group Head and Deputy, respectively, following the end of Marc Brittain's tenure. We wish to thank Marc for his enormous contribution to leading the group over the last 3 years. Seb joined chambers in 2009 and practises in Professional Liability, for which he is recognised in Who’s Who Legal, Chambers UK 2021 and Legal 500 2021. Rebecca became a tenant in...

Jakob Reckhenrich considers the unlikely prospect of paying court judgments by instalments

15th March 2022

3PB’s specialist commercial litigation barrister Jakob Reckhenrich, pictured here, advises clients on the court's approach to requests to pay judgments by instalments. In this newly-penned article, Jakob analyses the relevant provisions of the Civil Procedure Rules (CPR) and the recent case law interpreting those provisions. Jakob advises that judgment debtors are usually required to pay within 14 days and that it is for judgment creditors to decide what means of enforcement to use, including the...

Max Schofield wins on access to Tax Tribunal documents

14th March 2022

3PB’s specialist Indirect Tax barrister Max Schofield, pictured here, represented the UK taxpayer in the First-Tier Tribunal (Tax) and successfully opposed an application by one of the Big Four accountancy firms to access pleadings and documents in the taxpayer’s appeal. In Cider Of Sweden Limited v HMRC v Ernst & Young LLP [2022] UKFTT 76 (TC), the taxpayer and HMRC successfully opposed the application by Ernst & Young LLP which had been made prior to the...

Former music producer, now-barrister Mark Wilden advises on music royalty dispute

14th March 2022

3PB specialist intellectual barrister Mark Wilden, pictured here, has recently critiqued the key new case of Hebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC), which concerns royalties for music streaming and downloads and could have a significant effect on the UK music industry. In the case, recording artist Kieran Hebden (Four Tet) brought a claim against his former record company, Domino, about royalties for streaming and downloads under a 2001 contract. Hebden claimed...

William Hansen authorised to sit as a High Court Judge in the Chancery Division

10th March 2022

3PB congratulates William Hansen, pictured here, on his recent authorisation to sit as a High Court Judge in the Chancery Division. His appointment will be effective from 7th March 2022 for six years. William Hansen specialises in both public and regulatory law, and property and commercial law. He has recently appeared in a series of important cases in the Court of Appeal and Supreme Court and is a member of the Attorney General’s A Panel. ...

Philip Bambagiotti appointed to Shenzhen Court of International Arbitration

3rd March 2022

Distinguished arbitrator and barrister Philip Bambagiotti, pictured here, from 3PB Barristers (3 Paper Buildings) who practises from chambers in London and Sydney, has been appointed as an arbitrator of the Shenzhen Court of International Arbitration (SCIA) and included on their panel of arbitrators for a three-year term until February 2025. Established in 1983 at the start of China’s reform and opening-up, the SCIA (also known as the “South China International Economic and Trade Arbitration Commission”,...

Max Schofield completes Advocates pro-bono 25 for 25 challenge

2nd March 2022

3PB’s specialist commercial barrister Max Schofield, pictured here, has recently completed Advocate's pro-bono "25 for 25" challenge. This prompts barristers to provide 25 hours of pro-bono advice to celebrate the 25th anniversary of the well-known pro bono charity. Advocate said of Max : ‘‘It is truly wonderful to have such dedicated and compassionate barristers as yourself, who continually prioritise access to justice for all, and make time for pro bono on top of their busy...

Mark Wilden successfully represents Devon jeweller in intellectual property dispute

22nd February 2022

3PB specialist intellectual property barrister Mark Wilden (pictured here) represented Devon-based Jo James (trading as Jo James Jewellery) in her successful claim for passing off against competitor Amanda Mitchell (aka Amanda Nimmo), who operates the business “Borabeads”. Mitchell had entered into a consultancy agreement with James in February 2018 and left to set up her own business in September 2018, keeping the same social media accounts but changing their branding to her new “Borabeads” brand. ...

UK High Court can continue to grant EU-wide injunctions in EU trade mark cases pending at the end of the Brexit implementation period

17th January 2022

3PB’s specialist intellectual property Third Six pupil barrister Mark Wilden (pictured here) analyses the decision of the High Court in Easygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch). In this case, the defendant, Beauty Perfectionists contended that their use of the name ‘easyCOSMETICS’ did not infringe Easygroup’s EUTM as the defendant never carried out any business activity in the UK, focusing instead on the German and Austrian markets: the UK Court had no activity to...