Commercial Publications

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.

Commercial update - Richard Whitehouse: Scope of duty in professional negligence: the return of “advice” versus “information”
In the first case on scope of duty in professional negligence since BPE Solicitors v. Hughes-Holland, has the Court of Appeal returned to the classic distinction between ‘advice’ and ‘information’ cases? Richard Whitehouse analyses the recent decision in Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40.

In torts such as deceit, where liability depends on the claimant acting in reliance on a statement made to him, the test for establishing vicarious liability is not the same as for other wrongs committed in the course of a servant’s employment. Alex Whatley analyses the Court of Appeals recent decision in Winter v. Hockley Mint Ltd [2018] EWCA Civ 2480.

Alex Whatley is a Commercial Law barrister specialising in business disputes and Agency. Click here to view his profile.

Permission to Challenge a Trustee in Bankruptcy’s Remuneration

James Davies analyses the case of Singh v Hicken [2018] EWHC 3277 (Ch); an appeal against the decision of a County Court judge refusing permission to Mr Singh, a discharged bankrupt, to challenge his trustee’s remuneration. Under Insolvency Rule 2016 18.35 the permission of the court is required before a bankrupt can make such a challenge.

James Davies represented Mr. Hicken both at first instance, where permission was refused, and on appeal to the High Court where the appeal was dismissed.