Company / Partnership law and disputes
This area includes:
- Company law (public, private and listed)
- Limited liability partnerships
- Partnerships and limited partnerships
- Associations and clubs
- Joint ventures.
3PB’s commercial group includes barristers specialised in disputes arising from the creation, management and dissolution of business entities, whatever their form.
We deal with entities of all sizes, from SMEs to FTSE 100 companies and subsidiaries of international businesses. We are able to provide specialists familiar with the internal workings of most trades, businesses and professional practices. We have considerable experience of the special court procedures for taking partnership accounts, minority shareholders actions, derivative claims, unfair prejudice petitions, ‘just and equitable’ winding-up and assets tracing.
Our members regularly deal with Company Law matters including: company formation and incorporation, corporate register disputes, share sale and warranty claims, company meetings, directors’ duties and removal of directors, shareholders’ agreements, capital reductions and reorganisations, rights issues, share allotments and transfers, takeovers, mergers and acquisitions and directors’ disqualification.
We are able to respond quickly to obtain urgent Court relief to preserve assets and obtain freezing and search orders. We can advise you on the suitability of urgent relief, and guide you through the tactics and procedure of obtaining it.
Some of our specialists also undertake non-contentious work, for example in drafting partnership agreements, articles of association and share sale agreements.
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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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’s specialist commercial litigation barrister Jakob Reckhenrich, pictured here, advises clients on the court's approach to requests to pay judgments by instalments. In this newly-penned article, Jakob analyses the relevant provisions of the Civil Procedure Rules (CPR) and the recent case law interpreting those provisions. Jakob advises that judgment debtors are usually required to pay within 14 days and that it is for judgment creditors to decide what means of enforcement to use, including the...
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3PB’s pupil barrister Jakob Reckhenrich (pictured here) has analysed the case of Readie Construction Limited v Geo Quarries Limited [2021] EWHC 3030 (QB). By way of background, Section 49 of the Sale of Goods Act 1979 prescribes the circumstances in which the seller is entitled to sue for the price. The seller has to demonstrate either that property in the goods has passed (which will be problematic if the contract contains a retention of title clause), or that the...
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3PB’s specialist commercial and property law barrister, Charles Irvine (pictured here) has reviewed the recent Court of Appeal case Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 in which one party applied for a non-party costs order. By way of background, the power to award costs against a non-party is derived from section 51 of the Senior Courts Act 1981 which grants the court the power to “determine by...
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Intellectual Property and Commercial law barrister Nicole Bollard analyses the judgment in Thomas v Luv One Luv All Promotions Ltd and another [2021] EWCA Civ 732, in which the Court of Appeal considered the scope of issue estoppel and when the courts can disapply it due to special circumstances. In that case, the Court of Appeal allowed an appeal against the Intellectual Property Enterprise Court's (IPEC) decision to partially strike out a defence to a...
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3PB’s specialist tax and commercial law barrister Max Schofield (pictured here) has analysed the case of Deluxe Property Holdings Ltd v SCL Construction Ltd for the British Tax Review. This detailed case analysis is a must-read for legal professionals specialising in business law as it addresses the trusts law treatment of overpaid VAT, repaid by HMRC under section 80 and 80A – especially repayments with reimbursement arrangements and Quistclose trusts. Read the full case analysis...
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Barrister Jakob Reckhenrich, a multiple-scholarship award winner and Oxford and Brown Universities alumnus, has joined 3PB to advise on commercial, real estate and property disputes. He joins 3PB, initially as a third six pupil, after completing his pupillage at Monckton Chambers and working as a judicial assistant in the Commercial Court, where he assisted, among others, Mrs Justice Cockerill and Mr Justice Butcher. Jakob Reckhenrich came to the Bar after working as an academic philosopher...
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3PB’s specialist commercial and construction barrister Seb Oram (pictured here) has analysed the Court of Appeal case of SDI Retail Services Ltd v The Rangers Football Club Ltd for Lexis Nexis. In this Court of Appeal matter, The Rangers Football Club Ltd entered into an agreement with another sporting company (Elite) which was in breach of the matching right. SDI Retail Services Ltd then brought proceedings in the Commercial Court for an injunction preventing the...
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3PB Head of Chambers David Berkley KC is delighted to announce that barrister and former Advocate David Parratt KC (call: 1999/Silk: 2017) has joined full-time from Arnot Manderson Chambers in Scotland, having previously been a door tenant with the national chambers. David (pictured here) is a leading counsel for international and UK arbitrations and also has experience acting as arbitrator. He is renowned for his work in commercial, construction, engineering and energy disputes. He has...
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