• Aaron Mayers

    Missing the Last Bus: Rethinking Exclusion Clauses

    Aaron Mayers (pictured here), specialist commercial barrister at 3PB Barristers’ (3 Paper Buildings), analyses the case of Last Bus Ltd v Dawsongroup Bus and Coach Ltd [2023] EWCA Civ 1297 and considers the application of UCTA 1977. This case revolves around the enforceability of a standard form exclusion clause in a hire purchase agreement. Specifically, it addresses the approach to assessing the reasonableness of such clauses, and the assessment of the parties’ bargaining power, under...

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    Alexander Whatley "road-tests" the Aston Martin distributor case

    3PB's commercial and property barrister Alexander Whatley has "road-tested" the findings in the recent Aston Martin case concerning breached payment obligations under agency agreements, Aston Martin MENA Ltd v Aston Martin Lagonda Ltd. The article, published behind a paywall for LexisNexis account holders only, analyses the partially-successful claim against Aston Martin Cars, the well-known luxury car manufacturer, by its exclusive distributor in the Middle Eastern, North Africa and Turkish (‘MENA’) region. LexisNexis account holders can...

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    3PB Commercial team recruits Aaron Luxton

    Commercial litigation and insolvency barrister Aaron Luxton joins 3PB (3 Paper Buildings) after moving across from law firm DWF, where he had been a solicitor-advocate and an employed in-house barrister. Aaron has become a tenant of chambers upon the successful conclusion of his third six pupillage, joining the 50-strong commercial litigation team. Working from 3PB's Birmingham office, and practicing nationally, Aaron specialises in commercial, contractual and insolvency disputes. He has a particular interest, and experience,...

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  • Saunak Irani Nayar v2 bw scaled

    3PB Commercial team recruits Saunak Irani-Nayar

    Commercial litigation barrister Saunak Irani-Nayar, who graduated with a BA and MA degree in Economics from the University of Cambridge and has been awarded several scholarships and prizes for his academic results, has become a member of 3PB. He specialises principally in banking, securities and finance litigation, contractual and business-to-business disputes, property  disputes and consumer credit litigation. Ranked 1st in his year on the GDL, Saunak achieved one of the highest sets of marks ever...

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  • Alexander Whatley oct 2020 2 280x335 1

    Incorrect invoices: the consequences of failing to name your price

    3PB Commercial law barrister Alexander Whatley analyses the case of Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 1637 (Comm), a case in which the High Court had to consider if the original, contractual agreement between the two parties or the incorrect invoice issued by the supplier was to take primacy in this commercial dispute. In reaching its decision, the High Court examined the cases of Ruttle Plant Hire Limited v Secretary of State for...

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    David Parratt KC (Scot) and Nick Kaplan successful in preliminary issues trial

    3PB Barristers’ (3 Paper Buildings) specialist commercial and contractual dispute barristers David Parratt KC (Scot) and Nick Kaplan have successfully acted for the Defendants in Microlise Limited v James Kemball Limited & Anor [2023] EWHC 579 (KB), a preliminary issues trial between a transport logistics group of companies and the supplier of transport telemetry devices fitted into the cabs of lorries. The case in questions revolves around the terms under which the Claimant (Microlise Limited)...

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  • Alexander Whatley oct 2020 2 280x335 1

    The sound of silence in contractual interpretation

    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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  • Mariya Peykova

    The correct measure of damages in a claim for breach of warranty and deceit in the context of a share sale

    3PB Commercial Law barrister Mariya Peykova (pictured here) analyses the case of MDW Holdings Limited v James Robert Norvill and Ors [2022] EWCA Civ 883, in which the Court of Appeal brings important clarification of the principles applicable to the assessment of damages for breach of warranty and deceit in the context of a share sale. In particular, the Court considered, when assessing damages for the breach of warranty, whether hindsight should be used to...

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  • Ashley Blood-Halvorsen

    Language trumps purpose in relational contracts (Quantum Advisory Ltd v Quantum Actuarial LLP)

    3PB commercial law barrister Ashley Blood-Halvorsen (pictured here) analyses for Lexis Nexis the case of Quantum Advisory Ltd v Quantum Actuarial LLP [2022] EWHC 1423 (Ch), which reminds us of the importance of clear comprehensive drafting in relational contracts. In this case, the court had to decide if the meaning of ‘Services’ in the contract covered tendering for new and or repeat business. Even though the court took into account the long-term nature of the...

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  • Jakob Reckhenrich 3PB e1643216813862

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

    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...

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  • Jakob Reckhenrich 3PB e1643216813862

    3PB reviews abatement, the Sale of Goods Act 1979 and the Readie Construction case

    3PB’s pupil barrister Jakob Reckhenrich (pictured here) has analysed the case of Readie Construction Limited v Geo Quarries Limited [2021] EWHC 3030 (QB). By way of background, Section 49 of the Sale of Goods Act 1979 prescribes the circumstances in which the seller is entitled to sue for the price. The seller has to demonstrate either that property in the goods has passed (which will be problematic if the contract contains a retention of title clause), or that the...

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  • Mariya Peykova

    The pitfalls of failing to transcribe ‘casual’ commercial agreements

    3PB’s commercial law barrister Mariya Peykova (pictured here), has analysed the case of Zymurgorium Ltd v Hammonds of Knutsford plc for Lexis®PSL. Zymurgorium Ltd v Hammonds of Knutsford plc highlights the sometimes volatile nature of business relationships and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to transcribe their agreement, particularly in the light of the fallible nature of oral evidence. The case relates to a dispute arising...

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