Contractual disputes
This area includes:
- Business-to-business contracts
- Consumer contracts
- Sale of goods (domestic and international)
- Supply of services
- Bills of sale
- Insurance contracts
- Share and business sale agreements.
Breaches of contract are the nucleus of commercial disputes and a core element of our work. All members of 3PB’s commercial group are specialists in dealing with contractual claims, with specialist knowledge of sector-specific statutory frameworks.
Our team can advise real-time on tactics and procedure before a contract is terminated. We can provide advice and assistance in progressing claims, assessing and presenting claims for damages, and resolving disputes without litigation. We are able to respond quickly to obtain urgent Court relief, where necessary. We can advise you on the suitability of urgent relief, and guide you through the tactics and procedure of obtaining it.
We offer particular expertise in the following sectors:
- Insurance e.g. challenges to insurers’ decisions to avoid policies or decline cover; claims under the Third Parties (Rights against Insurers) Act 2010; and reinsurance.
- Consumer e.g. consumer credit contracts; consumer hire contracts; and consumer supply contracts.
- Sale of Goods and Services e.g. claims under the Sale of Goods Act 1979 and related legislation; international contracts of sale; professional services appointments; and estate agency contracts.
- Construction (in conjunction with the Construction and Engineering Group)
- Sales of Businesses e.g. breaches of share sale warranties; expert determinations.
Our Commercial Barristers...
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Former Solicitor General in England and Wales, the Rt.Hon. Michael Tomlinson KC (call:2002) is returning to 3PB (3 Paper Buildings) to practice as a barrister after more than 9 years as an MP and becoming one of UK’s top law enforcement officers. Michael was the first newly appointed King’s Counsel in 2022 and was sworn in as a member of His Majesty’s Most Honourable Privy Council in February 2024. Michael will be based in the...
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Former WilmerHale commercial litigation and arbitration lawyer Kevin Pettican, who practised for nearly twenty years from commercial chancery chambers in London, is set to relocate to Birmingham and join national chambers 3PB (3 Paper Buildings) where he will continue to develop his growing practice in the Midlands alongside his existing practice in London and internationally. Kevin Pettican (call: 1994) joins today, Monday 12 August 2024, and will work alongside 3PB’s recent experienced commercial and international...
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3PB's commercial and property barrister Alexander Whatley (pictured here) analyses Sherman v Reader Offers Limited [2024] EWCA Civ 412, a breach of contract claim brought by a couple whose Arctic cruise was disrupted by the weather. In this article, published behind a paywall for LexisNexis account holders, Alex Whatley analyses the unsuccessful appeal by the defendant travel company. The parties' primary dispute turned on when the contract was concluded and therefore which terms were incorporated....
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Aaron Mayers (pictured here), specialist commercial barrister at 3PB Barristers’ (3 Paper Buildings), analyses the case of Last Bus Ltd v Dawsongroup Bus and Coach Ltd [2023] EWCA Civ 1297 and considers the application of UCTA 1977. This case revolves around the enforceability of a standard form exclusion clause in a hire purchase agreement. Specifically, it addresses the approach to assessing the reasonableness of such clauses, and the assessment of the parties’ bargaining power, under...
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3PB's commercial and property barrister Alexander Whatley has "road-tested" the findings in the recent Aston Martin case concerning breached payment obligations under agency agreements, Aston Martin MENA Ltd v Aston Martin Lagonda Ltd. The article, published behind a paywall for LexisNexis account holders only, analyses the partially-successful claim against Aston Martin Cars, the well-known luxury car manufacturer, by its exclusive distributor in the Middle Eastern, North Africa and Turkish (‘MENA’) region. LexisNexis account holders can...
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Commercial litigation and insolvency barrister Aaron Luxton joins 3PB (3 Paper Buildings) after moving across from law firm DWF, where he had been a solicitor-advocate and an employed in-house barrister. Aaron has become a tenant of chambers upon the successful conclusion of his third six pupillage, joining the 50-strong commercial litigation team. Working from 3PB's Birmingham office, and practicing nationally, Aaron specialises in commercial, contractual and insolvency disputes. He has a particular interest, and experience,...
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Commercial litigation barrister Saunak Irani-Nayar, who graduated with a BA and MA degree in Economics from the University of Cambridge and has been awarded several scholarships and prizes for his academic results, has become a member of 3PB. He specialises principally in banking, securities and finance litigation, contractual and business-to-business disputes, property disputes and consumer credit litigation. Ranked 1st in his year on the GDL, Saunak achieved one of the highest sets of marks ever...
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3PB Commercial law barrister Alexander Whatley analyses the case of Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 1637 (Comm), a case in which the High Court had to consider if the original, contractual agreement between the two parties or the incorrect invoice issued by the supplier was to take primacy in this commercial dispute. In reaching its decision, the High Court examined the cases of Ruttle Plant Hire Limited v Secretary of State for...
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3PB Barristers’ (3 Paper Buildings) specialist commercial and contractual dispute barristers David Parratt KC (Scot) and Nick Kaplan have successfully acted for the Defendants in Microlise Limited v James Kemball Limited & Anor [2023] EWHC 579 (KB), a preliminary issues trial between a transport logistics group of companies and the supplier of transport telemetry devices fitted into the cabs of lorries. The case in questions revolves around the terms under which the Claimant (Microlise Limited)...
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3PB commercial, chancery and property barrister Alexander Whatley considers the impact of the decision in Barton v Morris. His article entitled 'The sound of silence in contractual interpretation' can be read here. Alexander has been recommended in Legal 500 (2023) as a ‘Tier 1 Leading Individual’ in Commercial Litigation. To instruct Alexander, please contact his clerk, David Fielder, 020 7583 8055, [email protected]
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3PB Commercial Law barrister Mariya Peykova (pictured here) analyses the case of MDW Holdings Limited v James Robert Norvill and Ors [2022] EWCA Civ 883, in which the Court of Appeal brings important clarification of the principles applicable to the assessment of damages for breach of warranty and deceit in the context of a share sale. In particular, the Court considered, when assessing damages for the breach of warranty, whether hindsight should be used to...
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3PB commercial law barrister Ashley Blood-Halvorsen (pictured here) analyses for Lexis Nexis the case of Quantum Advisory Ltd v Quantum Actuarial LLP [2022] EWHC 1423 (Ch), which reminds us of the importance of clear comprehensive drafting in relational contracts. In this case, the court had to decide if the meaning of ‘Services’ in the contract covered tendering for new and or repeat business. Even though the court took into account the long-term nature of the...
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