• Philip Bambagiotti

    Philip Bambagiotti appointed by NSW Government to review defective building laws and the current means of customer redress

    3PB’s international construction and arbitration barrister, Philip Bambagiotti, has been appointed by the NSW Government to undertake legal analysis critiquing the statute laws governing the construction of residential developments.  He will then deliver an independent report including recommendations to address shortcomings in the current legislative scheme. Philip will be critiquing the way that the legislation affects the duties and liabilities of all the key players: developers, builders, subcontractors, suppliers, as well as building sector consultants...

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  • Recent Developments in Commercial Landlord and Tenant Law Website

    Recent developments in Commercial Landlord & Tenant Law

    3PB's specialist property law barristers Gavin Hamilton and Robert Weatherley bring you a recording of their webinar on recent developments in Commercial Landlord & Tenant Law. The webinar took place on 20th May 2021 and was chaired by specialist property and commercial law barrister Matthew Cannings. [Matthew Cannings is] "A strong trial advocate with a concise and approachable style". Legal 500 2021/Leading Junior Gavin Hamilton reviews reported cases over the last year and focuses on...

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    Lydia Pemberton discusses contentious probate disputes for Women in Wills

    3PB’s specialist contentious probate barrister, Lydia Pemberton (TEP) (pictured here) spoke at the fourth Women in Wills event of 2021 by Practical Vision alongside Tara McIness, a partner in the contentious probate team at Burnside Partnership. Lydia spoke about the recent contentious dispute case Re R (Deceased) (2021) EWHC 936 (Ch), the judgment in which had been handed down on 16th April. The case was in relation to the provision for minor children from their...

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  • ENE image

    Wills and Estates: Early Neutral Evaluation service from 3PB Barristers

    Judges are increasingly asking parties to use Alternative Dispute Resolution to resolve disputes. Whilst mediation has been the traditional route taken to achieve this; we are seeing a significant rise in the use of Early Neutral Evaluation (ENE) in contested probate cases. Use of ENE can often help client to settle early, efficiently and cost effectively How it works Once the parties agree on ENE as the preferred route, they appoint one of our specialist...

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  • Robin Howard acts as counsel for three brothers in high profile contested will dispute over £ 850,000 family house

    3PB’s experienced barrister Robin Howard (pictured here) acted as counsel for three brothers who have lost an appeal for an inheritance claim for £ 850,000 after the initial trial was made unfair because of the attitude of the original trial judge. The case came to court in 2019 and the judge ruled that all £ 850,000 of value from the family house be awarded to their sister, after a will made in 1986 was replaced by...

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  • Thomas Talbot Ponsonby 3 ConvertImage e1633949205263

    Settlement negotiations and tactics for property litigators

    On 17th March 2020, 3PB’s specialist property law barrister Thomas Talbot-Ponsonby delivered a webinar on settlement negotiations for 180 members of the Property Litigation Association. Thomas Talbot-Ponsonby was called to the Bar in 2011 and practises in a wide variety of property, commercial and chancery matters, including neighbour and boundary disputes, landlord and tenant, and probate matters, as well as other commercial disputes and insolvency. View Thomas Talbot-Ponsonby’s profile. Please find a copy of Thomas...

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  • Joseph Giret 560x670 1 e1617027419610

    3PB examines truth in business and property cases and enhanced measures for the taking and making of witness statements

    3PB commercial and property Silk Joseph Giret QC (pictured here) and 3PB pupil barrister Amanda Fernandez examine the impact of Practice Direction 57AC on Witness Evidence at Trial (“PD57AC”). This will apply to witness statements for use at trials in the Business and Property Courts, specifically to claims issued next week - after 6 April 2021 - or to existing proceedings where the witness statements for trial are signed on or after 6 April 2021....

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    Neil Fawcett gives legal opinion that estate agents could be 'negligent' for not disclosing air pollution levels

    3PB’s commercial barrister Neil Fawcett has co-produced,  with Jessica Simor QC from Matrix Chambers,  a 20-page legal opinion for the Central Office of Public Interest which says there is a "strong legal argument" that estate agents not disclosing air pollution levels would be considered negligent. This follows the news about a new pollution rating tool for every postcode in the UK, addresspollution.org - using 1.5 billion data points generated by air pollution experts at Imperial...

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  • Flats

    Rogue landlords: Do multiple offences mean multiple rent repayment orders?

    As more tenants become aware of the provisions made in the Housing and Planning Act 2016 (“HPA2016”) to sanction the behaviour of rogue landlords, 3PB property litigation barrister Antonietta Grasso considers the recent case of Ficcara & Others v James [2021] UKUT 0038 (LC), [2021] All ER (D) 30 (Mar), in which the tenants raised the issue of the interpretation of sections 40, 43 and 44 HPA2016 and whether the multiplicity of offences by a...

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  • Joshua Dubin 13 6 19

    Joshua Dubin comments about cowboy builders and victims’ rights for MailonLine

    The website MailonLine carried a detailed feature yesterday about homeowners who were left thousands of pounds out of pocket at the hands of their 'cowboy' builders. Their accounts come amid growing calls for the Government to introduce a statutory licensing scheme which regulates builders and protects customers seeking redress for poor workmanship. 3PB property barrister Joshua Dubin (pictured here) said in the article that “one of the important pitfalls for the building industry was the...

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  • COP prop

    Watch now: webinar on court of protection - property and affairs

    3PB's Emma Waldron and Matthew Wyard hosted a webinar on ''Court of Protection: Property & Affairs'' on Wednesday 9 December 2020 focusing on the issues of Deputies and their cost recoverability. In this recording Emma and Matthew discuss the decision of the Court of Protection in ACC & Ors and its impact on the ability of property and affairs deputies to recover their costs of legal proceedings from the protected party’s assets. They also consider...

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  • Max Schofield advises on “new negligence outbreak” over stamp duty land tax

    Property conveyancing solicitors and tax practitioners involved with stamp duty land tax need to be wary after a rise in claims against them for professional negligence for failing to advise on, or failure to submit a return for, Multiple Dwelling Relief (MDR). 3PB’s commercial and tax specialist barrister Max Schofield, who has described the present spike in claims as  a “new negligence outbreak”, explains the importance of multiple dwellings relief when considering stamp duty land...

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