Commercial Publications

Max Schofield analyses Premier Family Martial Arts LLP (“PFMA”) v HMRC in which the First Tier Tribunal was tasked with assessing kickboxing classes and the education exemption for private tuition.

Neil Fawcett analyses the case of Venson Automotive Solutions Ltd v Morrison's Facilities Services Ltd and others [2019] EWHC 3089 (Comm) (9 October 2019), in which the High Court considered the interpretation and purpose of ‘no set-off’ clauses and how they impact on parties’ rights and remedies.

This article was first published by Lexis®PSL on 29/11/2019.

Neil Fawcett analyses the decision in Wilson (as administratrix of the estate of the late John Wilson) and others v Beko plc [2019] EWHC 3362 (QB) which considered whether strict liability claims could be brought under section 41(1) of the Consumer Protection Act 1987 (CPA 1987) in the context of the Directive of the Council of the European Communities, dated 25 July 1985 (No 85/374/EEC), on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products(‘the Products Directive’).

This article was first published by Lexis®PSL on 24/12/2019

Neil Fawcett analyses the Commercial Court’s recent decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. The case analyses the interpretation of an implied term of good faith, as well principles of construction in relation to contracts of good faith.
Neil is a Commercial Law barrister specialising in Commercial Contracts and Business Financing.

This article was first published by Lexis®PSL on 29 October 2019.

Access to accounting information under Share Purchase Agreements. Seb Oram analyses, for LexisPSL, the recent decision in Zedra Trust Company (Jersey) Ltd v. The Hut Group Ltd [2019] EWHC 2191 (Comm), in which the Commercial Court considered what rights one party to a Share Purchase Agreement has against the other, to access information about the company after completion of the sale. This article was first published by Lexis®PSL on 28 August 2019.

Max Schofield analyses the recent Court of Appeal decision in National Car Parks Ltd v HMRC [2019] concerning parking ticket overpayments and consideration for VAT purposes.

Commercial barrister Christopher Edwards analyses the Court of Appeal decision in Times Travel (UK) v Pakistan International Airlines Corporation and its impact on the criteria of lawful economic duress and reasonableness in commercial contracts.

Nicole Bollard analyses The Racing Partnership Ltd and others v Done Brothers (Cash Betting) Ltd), a case involving a broad range of claims including conspiracy, copyright, database rights and breach of confidence, which will be of interest beyond those working in the horseracing arena, to those working industries which produce and disseminate data to third parties. "This article was first published by Lexis®PSL on 14/05/2019"

3PB commercial barrister Max Schofield analyses the implications of the Court of Appeal’s judgment on Praesto Consulting v HMRC, in particular, when a company can reclaim the VAT for legal proceedings against its director.

This article was first published in the Tax Journal - www.taxjournal.com/.

Commercial update: Substituted service of bankruptcy petitions

The High Court has ruled that permission to serve a bankruptcy petition by a substituted means cannot be given retrospectively. Rebecca Farrell analyses the decision Ardawa v. Uppal and Jordan [2019] EWHC 456 (Ch) and considers how it changes the law.