Business & Commercial Law News

Business & Commercial Law News

LATEST NEWS - Claims against joint tortfeasors: who is liable? - An analysis by Nicole Bollard

20th June 2017

When will settling a claim against one defendant bar a claimant from pursuing a different defendant, who is jointly responsible for the claimant’s loss? Nicole ... read more

 Recommendations
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Commercial Dispute Resolution – South Eastern (Bar) – Band 1

Chambers & Partners UK 2017

THE SET

Excellent set that provides all-encompassing commercial expertise concerning the running of businesses. It offers notably deep knowledge in the areas of business organisation, business trading, insolvency and professional risk. It predominantly acts for businesses and individuals in the commerce, accountancy and investment sectors. Its members offer further experience in IP, energy and utilities, sports and media law. The set is highly regarded by instructing solicitors: "The chambers is really excellent for its customer service. It houses extraordinarily talented individuals and is run extremely well and professionally."

Client service: "The clerks are fantastic and extremely efficient." The clerking team is headed by chambers director Russell Porter.

JUNIORS

James Davies - Band 2
Renowned for his commercial dispute and property work. His areas of expertise include guarantees, partnerships and franchises. He also has a dedicated insolvency practice focusing on corporate insolvency and personal bankruptcy.
Strengths: "He is very meticulous in his advice and good at identifying key issues quickly. He's a wonderful technical advocate who has an excellent client manner, he puts people at ease and explains things very clearly." "He has a very patient, calm manner in cross-examination, and he's very methodical." 

Andrew Sheriff - Band 2
Frequently engaged in property and commercial disputes, and also regularly handles defamation matters. He routinely acts for both professional and direct access clients.
Strengths: "His key strength is advocacy; he is very quick off the mark and has a real presence in the courtroom. He is able to control witnesses well and produces arguments that are very comprehensive." "He is good at handling large cases and takes in vast amounts of information quickly."
Recent work: Acted for Asbestos Business Contractors in a dispute over the price of its work for Windermere Aquatic.

Chambers & Partners UK 2016:
Commercial Dispute Resolution – South Eastern (Bar) – Band 1

THE SET

A London set with an Oxford base that provides high-quality advice and advocacy to businesses, banks and individuals in the local region. Its members cover a broad range of work, including property, banking, insolvency and corporate disputes.
Client service:  "They always get back to you in good time, they are always approachable and there to help." Chambers director Russell Porter heads the clerking team in Oxford.

JUNIORS

James Davies
Frequently advises and appears in a wide range of commercial and property matters. He has particular expertise in issues relating to guarantees, partnerships and franchises.
Recent work:  Acted for the claimant, an international bathroom and tile provider, in CAP MG v Bahsoun. This was a High Court claim brought against the directors of a client company found to be missing stock after entering administration.

Andrew Sheriff
Acts in a variety of commercial, property and defamation disputes. He draws praise from instructing solicitors for his fantastic client care skills. 
Strengths:  "He is patient, thoughtful and thorough. His advocacy is unfazed and unflustered. He has a good business background, which reflects in the way he approaches cases. He understands the business needs of clients."
Recent work:  Instructed in a partnership dispute concerning the ownership of a substantial property portfolio in Oxford and Pakistan.


Chambers & Partners UK - 2015: Commercial Dispute Resolution - South Eastern Bar - Band 1

Oxford-based 3PB is one of the leading sets on the South Eastern Circuit for commercial litigation. It is well regarded for its advisory and advocacy work on a range of matters including commercial property, construction and insolvency disputes. Recent highlights for the set include advising on a claim in respect of defective works to a League One football pitch.

Client service: "The clerks, led by Russell Porter, are really helpful, both with specific queries and making recommendations."

SILKS

Joseph Giret QC
Advises and represents clients in high value contractual disputes, including company law, partnership issues, intellectual property and franchise agreements.
Expertise: Recommended as a leading commercial silk by the Legal 500 (2014) “He puts people at ease exceptionally easily”.

JUNIORS

James Davies
Highly sought after for all kind of business disputes. He has particular expertise in relation to franchises, partnerships and guarantees.
Expertise: "He's brilliant on detail. He's particularly good where there's a debate over figures or where there's issues over deals involving complex transactions." "He is thorough, well prepared, accessible and always successful!"
Recent work: He has acted for a defendant in a multiparty property partnership dispute.

Andrew Sheriff
Deals with a range of disputes including contract, property, landlord and tenant, and defamation.
Expertise: "He's extremely thorough: he doesn't miss a trick. He is very bold in picking up the issues, gives very commercially oriented advice and leaves no stone unturned." "He's very good on his feet, has good client handling skills and is easy to deal with."
Recent work: He acted for the claimant in a dispute concerning the appropriate time for valuing gold following a loan.

Chambers & Partners UK:
Commercial Dispute Resolution - South Eastern – Band 1

The commercial disputes team at 3PB has a strong reputation across a range of areas, including commercial property transactions, professional negligence, construction and insolvency.

Client service: “I have found that the 3PB clerks are very responsive and they have always found a barrister to assist me when the matter is urgent.”
Chambers & Partners UK Bar Guide 2014

The Legal 500 - The Clients Guide to Law Firms

Legal 500 Bar Directory - Rankings for 2016
Recommendations and Quotes

REGIONAL BAR: South Eastern Circuit

At 3PB, key areas of expertise include professional liability and company disputes. James Davies has worked on cases concerning county councils and disputes with household franchises. Andrew Sheriff is well known for his breach of contract expertise.

South Eastern Circuit - Commercial, banking, insolvency and Chancery law – Leading juniors
Andrew Sheriff - He has an eye for detail, and an excellent ability to communicate with solicitors and clients.
James Davies - Excellent to work with, he is methodical and thorough in high-value commercial disputes. 

Legal 500 Bar Directory – Rankings for 2015
Recommendations and Quotes

REGIONAL BAR: South Eastern Circuit

Commercial, banking and insolvency – Leading juniors
Andrew Sheriff - He has a very pragmatic approach, and finds clever solutions to disputes
James Davies - He is quick to provide current, practical and commercially astute solutions to clients



Claims against joint tortfeasors: who is liable? - An analysis by Nicole Bollard

20th June 2017

When will settling a claim against one defendant bar a claimant from pursuing a different defendant, who is jointly responsible for the claimant’s loss? Nicole ... read more


Commercial update: Privilege under investigation by Charles Irvine

13th June 2017

When will solicitor’s working papers (as opposed to advice) attract privilege? And what is the scope of legal advice privilege (“LAP”) and litigation privilege (“LP”)? ... read more


The Intellectual Property (Unjustified Threats) Act 2017 has received Royal Assent

11th May 2017

The Intellectual Property (Unjustified Threats) Act 2017 received Royal Assent on 27 April 2017. The Act is expected to come into force in the Autumn ... read more


‘Unreasonableness’: costs applications in the Small Claims Court by Joe England

11th May 2017

In what circumstance should a Court determine that a Party to proceedings has behaved unreasonably, for the purpose of awarding Costs in small claims court? ... read more


Susan Jones relies on April 2017 Court of Appeal decision to defend a £49,000 costs application in its entirety

27th April 2017

On 20th April 2017, in what is likely to be one of the first applications of the Court of Appeal decision in Peter Mills Dammerman ... read more


Commercial update: ‘Avoided loss’ in the Supreme Court - Lowick Rose v. Swynson - an analysis by Joe England

24th April 2017

When can a claimant ask the Court to disregard a ‘collateral’ benefit, when assessing his damages? If he cannot, can he claim for a loss ... read more


Commercial update: Paying off another’s secured loan - equities of exoneration

20th April 2017

Where property is jointly owned, and one of the owners pays off a secured loan taken out for the sole benefit of the other, an ... read more


Commercial update: Professional negligence - Seb Oram revisits conveyancers’ scope of duty

3rd April 2017

The Supreme Court has recently heard a challenge to the SAAMCO ‘scope of duty’ principle, in the context of a professional negligence claim against conveyancers. ... read more


3PB Barristers' Commercial & Business Law Group brings you the Spring Edition of its Business & Commercial Legal Update Handout.

20th March 2017

3PB Barristers' Commercial & Business Law Group brings you the Spring Edition of its Business & Commercial Legal Update Handout. Please click here to view it. Topics Incomplete ... read more


3PB Barrister Matthew Cannings examines solicitors’ duty to advise on the risk of other contractual meanings

2nd March 2017

If a solicitor correctly interprets a term within a contract, but fails to advise the client as to the risk of a counter-interpretation, has there ... read more


Oliver Isaacs provides an update on Estate agents’ fees - curing incomplete contracts by implying terms

23rd November 2016

If a developer agrees to pay an estate agent a finder's fee, what happens if the parties do not discuss what triggers the payment? If ... read more


3PB Barristers' Commercial & Business Law Group brings you the Autumn Edition of its Legal Update Handout

1st November 2016

Topics: Interpreting exclusion clauses between commercial parties [Transocean Drilling UK Ltd v Providence Resources plc [2016] EWCA Civ 372] The duty to mitigate debt claims: White & Carter ... read more


3PB Barrister Katie Lee examines how to deal with applications for relief from sanctions in the context of late disclosure of documents, following McTear v Engelhard

1st August 2016

In her latest article, 3PB’s Katie Lee looks at how to deal with applications for relief from sanctions in the context of late disclosure of ... read more


Commercial update: Do contract clauses that preclude oral variations, work?

14th July 2016

Commercial contracts often contain clauses that prevent a variation of the contract taking effect unless reduced to writing (an “anti-oral variation clause”). Edward Ross analyses ... read more


Commercial update: no banker’s duty to advise customer of harsh terms in its loans

6th July 2016

Does a bank who is negotiating with a customer for a sale of a financial product, owe a common law duty to advise the client ... read more


3PB Barristers invites suitable candidates to apply for a third six-month pupillage in its Business & Commercial law team

5th July 2016

3PB Barristers invites suitable candidates to apply for a third six-month pupillage in its Business & Commercial law team. We are interested in applications from ... read more


Joseph Giret QC analyses whether an acceptance by conduct overrides a requirement for signature in a contract

25th May 2016

In what circumstances will a contract result when a written offer document states it is not binding until signed, and the recipient does not sign ... read more


Commercial update: Failed consideration and additional damages – a game of two halves

26th April 2016

If a contract for work and materials is performed badly, can there be a total failure of consideration? By what ‘performance’ is that question to ... read more


Victoria Jones to speak at London ITMA seminar on 10 May 2016 on 'The Future of the CTM/EUTM'

18th April 2016

The seminar will address (1) The approach of OHIM and/or the UK courts to genuine use, acquired distinctiveness, infringement and injunctive relief, and (2) The ... read more


Civil Procedure: the strictness of Mitchell in the Court of Appeal again

18th March 2016

The latest decision of the Court of Appeal to consider the Mitchell principles for granting relief from sanctions, has endorsed their strictness: Oak Cash & ... read more


Commercial update: The meaning of deleted terms and voluntary arrangements in the Court of Appeal

14th March 2016

It is not uncommon for the final version of a contract to show clauses that have been replaced, deleted or struck out during the parties’ ... read more


3PB Commercial Law Barrister Christopher Edwards provides an overview of the law relating to the Commercial Agents Directive and its latest developments in Webinar for Lexis Nexis.

8th March 2016

The Commercial Agents Directive fundamentally changes certain areas of the common law relating to Agency. To view this webinar and learn about latest developments with ... read more


Commercial update: Bankrupts involved in the management of a Company—a cautionary tale

1st March 2016

Restructuring & Insolvency analysis: James Dawson, (call: 1994), considers the decision in Re C. & M.B. Holdings Ltd; Hamilton and another (Joint Trustees in Bankruptcy ... read more


Commercial update: Unfair terms - when am I dealing on another’s standard terms of business?

1st March 2016

Dealing “on [another’s] written standard terms” is one of the gateways that opens up a potential challenge to those terms under the Unfair Contract Terms ... read more


Commercial update: negligent professional advice – a once-only breach

26th January 2016

Continuing breach is an area of law that has suffered from a level of uncertainty. In the context of professional risk, it is often important ... read more