Commercial Publications

3PB Publications

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.

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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.

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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.

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Forming contracts through commercial negotiations

Seb Oram analyses, for LexisPSL, the practical implications of the Commercial Court’s decision in Rotam Agrochemical Co Ltd v GAT Microencapsulation GmbH [2018] EWHC
2765 (Comm). This case analysis was first published by LexisNexis on 30 October 2018.

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Commercial update: Data protection breaches – Employers’ liability

Is common law doctrine of vicarious liability of an employer for its employee’s misuse of private information excluded by the DPA? And secondly, can an employer be vicariously liable for the employee’s acts away from the workplace? Nicole Bollard analyses the Court of Appeals recent decision in W M Morrison Supermarkets plc v Various Claimants [2018] EWCA Civ 2339.

Nicole is a Commercial Law barrister specialising in business disputes and intellectual property.

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Commercial update: Commercial negotiations and draft contracts – the formation of a binding contract

When one party pulls out of commercial negotiations before a contract is signed, how does the Court determine if a contract has been formed? Seb Oram analyses the Commercial Court’s recent decision in Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH [2018] EWHC 2765 (Comm).

Seb is a Commercial Law barrister specialising in professional negligence and the construction sector.

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Commercial update: Professional negligence – Solicitors’ duty to warn of risks incidental to their retainer

When will a solicitor need to give a warning to his client about obvious risks that come to his attention when performing his retainer, but which he has not been formally retained to advise on? Richard Whitehouse analyses the Court of Appeals recent decision in Lyons v. Fox Williams LLP [2018] EWCA Civ 2347.

Richard is a Commercial Law barrister specialising in professional negligence and business disputes.

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Through a glass darkly: reflections on reflective loss

John Jessup considers the recent Court of Appeal decision of Marex Financial Limited [2018] EWCA Civ 1468 which answers the question of whether the rule against reflective loss (which prevents a shareholder bringing an action for loss of value of their shares) applies to unsecured creditors.

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Christopher Edwards considers the case of First Tower Trustees Ltd and Intertrustees Limited v CDS (Superstores International) Limited [2018] EWCA Civ 1396 and the role of basis clauses in avoiding liability in contracts.

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Commercial update: Unlawful distributions to directors, and limitation

In order for limitation in a claim against a director to be extended under section 21, does he need to have direct control of assets taken from the company? James Davies considers the impact of the Supreme Court’s most recent analysis (Burnden Holdings (UK) Limited v. Fielding [2018] UKSC 14).

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