3PB

Alexander Whatley shares guidance on instructing counsel to members of Bournemouth and District JLD

4th August 2021

3PB’s specialist civil law barrister, Alexander Whatley (pictured here) recently teamed up with Conor Maher, Treasurer for Bournemouth and District Junior Lawyers Division and Litigation Solicitor at Ellis Jones Solicitors LLP, to present a webinar to junior lawyers on ‘’tips for instructing counsel’’. Alex Whatley answered a series of questions about the instructions to counsel which included the correct steps for sending a brief to counsel; the content of the brief; and some common mistakes...

Charles Irvine urges caution over non-party costs orders

3rd August 2021

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...

Jim Hirschmann joins family and public teams at 3PB

2nd August 2021

3 Paper Buildings (3PB Barristers) – the second largest barristers’ chambers in the UK - are delighted to announce today that specialist family, public and regulatory barrister Jim Hirschmann has joined from 5 Pump Court and will practice from 3PB’s office in the Inner Temple in London. Jim Hirschmann (call: 2018) covers a broad range of family, education and public law disputes. His family law caseload takes in care proceedings, private children disputes and applications...

Nicole Bollard on the clarification of the test for the tort of causing loss by unlawful means

30th July 2021

Intellectual Property and Commercial law barrister Nicole Bollard reviews Secretary of State for Health and another v Servier Laboratories Ltd and others [2021] UKSC 24 and the Supreme Court’s recent decision concerning the economic tort of causing loss by unlawful means. The court examined in particular whether a necessary element of the tort of causing loss by unlawful means is that the unlawful means affected the third party’s freedom to deal with the claimant, which...

David Parratt KC and Rebecca Farrell review the prospects of compulsory ADR

26th July 2021

3PB’s specialist commercial law barristers David Parratt KC (pictured right) and Rebecca Farrell (pictured left) have reviewed  a recent report published by the Civil Justice Council entitled ‘Compulsory ADR (“the Report”). The Report has generated much interest since the authors of the Report consider ‘any form of ADR which is not disproportionately onerous and does not foreclose the parties’ effective access to the court will be compatible with the parties’ Article 6 rights’. This is...

Nicole Bollard considers the limits and exceptions to issue estoppel

15th July 2021

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...

  Welcome to 3PB's professional discipline and regulatory newsletter Welcome to the second edition of our newsletter, packed-full with sector news, hints and tips and case law analysis. In this edition, Lachlan Wilson, David Swinstead and Peter Jennings - part of 3PB's team of legal assessors - focus their top hints and tips for successful advocacy on the importance of language. Our team also provides analysis on topical issues that have troubled the courts in the past...

Probate law webinar recording - out now!

9th July 2021

Specialist probate law barristers Martin Strutt and Lydia Pemberton hosted our Zoom webinar - chaired by Cheryl Jones - on Thursday 17 June. Martin Strutt presented "Knowledge and approval and rectification: an overview of knowledge and approval and discussion as to whether rectification can in some circumstances cure a lack of knowledge and approval.". Martin's notes can be found here. Lydia Pemberton examined “Put up or shut up. How to progress estate administration: an overview into the options...

Ségolène Lapeyre and Hugh-Guy Lorriman on the recognition of French PACS under the amended Civil Partnership Act 2004

2nd July 2021

3PB Family barrister Ségolène Lapeyre and Civil law barrister Hugh-Guy Lorriman have co-authored an article for Rayden Solicitors’ Anglo-French blog on the recognition of French PACS under the amended Civil Partnership Act 2004. The article highlights the significance of including opposite-sex couples in the definition of “civil partnership”, brought about by the Civil Partnership (Opposite-sex Couples) Regulations 2019, on the recognition of one type of “overseas relationship": the French pacte civil de solidarité (PACS). Ségolène...

Seb Oram successful in High Court VAT dispute

30th June 2021

3PB’s specialist commercial and construction law barrister Seb Oram (pictured here) was successful in the recent High Court matter of Deluxe Property Holdings Ltd v SCL Construction Ltd, a case concerning VAT repayment disputes and trusts. Seb was instructed by DAC Beachcroft LLP to act on behalf of the claimant Deluxe Property Holdings Ltd. The case appeared before The Honourable Mr Justice Pepperall who found that SCL Construction Ltd acted in breach of trust and...

Max Schofield takes a closer look at VAT repayments and trusts for the British Tax Review

30th June 2021

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...

The impact of Covid-19 on residential property

29th June 2021

3PB’s specialist property and commercial law barrister Thomas Talbot-Ponsonby joined Tim Baldwin from Garden Court Chambers to record a webinar on ‘‘The impact of Covid-19 on residential property’’ for Lexis Nexis. In this webinar, the duo of barristers take a look at the impact of covid-19 on residential property from both the landlord’s and tenant’s perspectives. Thomas Talbot-Ponsonby takes a closer look at the landlord’s perspective including the initial response; terminating the tenancy; notice periods...