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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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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...
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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...
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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...
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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...
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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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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...
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3PB Barristers are delighted to announce the appointment of Michelle Marnham to head its Personal Injury and Clinical Negligence Teams. Michelle Marnham will be supported by Luke Ashby who becomes Deputy Head for the team. Chambers expresses its many thanks to Mark Lomas, who passes on the baton to Michelle and Luke. Mark headed the team since 2015 and was instrumental in its development: 3PB is now home to 36 personal injury practitioners and 25...
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Two of 3PB’s specialist education law barristers Matthew Wyard and Katherine Anderson joined forces with John Roberts at BLM Law to provide three webinars for Lawyers across the country in a snappily-named series, ‘‘SEN (Special Educational Needs) in Wales, the Current and Future Legal Landscape’’. The webinars covered various topics including dealing with the more adversarial tribunal claims and appeals including the role of experts; the most important aspects of Parts 2, 3 and 4...
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3PB is delighted to announce that family law barrister Matiss Krumins (pictured here) has been shortlisted for “Barrister of the Year” in the Worcestershire Law Society Awards after a record number of nominations this year. Matiss Krumins was called to the Bar in 2008 and qualified as a solicitor in 2011, specialising in public law children proceedings and judicial review. He joined 3PB in 2017 to pursue a career at the bar and is ranked...
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Welcome to June's newsletter We’ve plenty of news in this month's employment law newsletter, including what future workplaces might look like, and the extent to which future court hearings should be remote. We also have ET judgments relating to events from the early lockdown period starting to filter through. Case law-wise we have in-depth analysis of NMC v Somerville (re: worker status) and Chief Constable of GMP v Aston (re: protected disclosures) courtesy of Daniel...
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3PB’s specialist property and family law barrister Louise Worton (pictured here) recently delivered a webinar on TOLATA issues to young family lawyers group YRes in Oxfordshire. Louise gave members of YRes in Oxfordshire an insight into TOLATA (Trusts of Land and Appointment of Trustees Act 1996) applications. The presentation included a detailed overview of the types of trusts, provisions of the act, procedure and costs involved. Click here to view Louise's presentation. Louise advised the...
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