General News

Some of 3PB's Personal Injury team pitted their wits against a strong line up of contenders at a charity fund raising quiz held in aid of the Headway. The charity raises awareness of head injuries and provides much needed support to people with them. The quiz was organised in aid of Brain Injury Week (which runs from 9 - 15 May) and although not the winning team, the 3PB barristers helped to raise much needed...

Susan Jones, 3PB commercial law barrister appeared in the Chancery Division of High Court, Bristol Registry, in a case concerning contractual interpretation, following dismissal of an application to set aside a statutory demand for over £80,000. Susan appeared on behalf of the Creditor/Respondent at first instance and in the High Court. At first instance the Judge found that anything other than what the Creditor suggested might be something by Lewis Carroll. The case involved the...

Thomas O’Donohoe appeared as one of a team of speakers from Chambers’ Employment Law Group at a seminar on current employment law topics presented by the group to professional clients at Southampton Solent University. Thomas addressed the topic of recent developments in the law on reasonable adjustments.

Paul Newman, construction barrister and RIBA and TecBar accredited adjudicator,  participated in a CIOB / Chartered Institute of Arbitrators ‘mock adjudication’ at The University of South Wales, Cardiff on 28 April. Paul played the central role of the adjudicator at the event, attracting delegates  from the construction industry and related professions. Paul advises across a broad range of construction disputes, appearing in Court and arbitration hearings and also representing clients in adjudication (including enforcement proceedings)...

Oliver Isaacs, employment law barrister at 3PB represented Carly McWilliams in the high profile McWilliams v Citibank NA case. Judgment was recently announced with a remedy hearing listed for later in the year. Carly McWilliams is the latest of a number of forex traders dismissed in the wake of investigatory probes by the US Department of Justice and the Financial Conduct Authority.  Miss McWilliams was dismissed for breaching client confidentiality.   She alleged she was unfairly...

Professional Discipline barrister Jane Rowley successfully defended a Registrant before the Fitness to Practice Committee of the General Pharmaceutical Council, instructed by Stephensons Solicitors. Jane invoked a ground breaking procedure before the Council who accepted undertakings from the Registrant, thereby permitting him to continue to practice without the making of an order.  

This case presents an interesting review by Leggatt J of the applicability of automatic enrolment provisions of the Pensions Act 2008 and the role of the Pensions Regulator in enforcing them against peripatetic employees, most notably seafarers living in the UK but working on vessels that spend little time in UK territorial waters. It has relevance to employment law but also regulatory and criminal practice.  

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 be addressed? And can there also be a claim for damages? Christopher Edwards (Call 2008) analyses the most recent contribution of the Court of Appeal to the question of total failure of consideration and damages, in Gartell & Son (a firm) v. Yeovil Town Football & Athletic Club Limited [2016]...

The matter was sifted to a 3(10) preliminary hearing before the President of the EAT, due to the apparent weakness of the case. Persuading Langstaff P that there was some merit to it, the matter proceeded for a full hearing in front of Slade J. Essentially, the Respondent had dismissed the Claimant because of aggression he said was due to an epileptic fit and provided some medical evidence in support. The Respondent did not believe him. The...

The matter concerned a finding that the Claimant could not claim loss of earnings for periods in which she did not put herself forward for work (on a zero hours contract). It was sifted to a 3(10) preliminary hearing before the President of the EAT, Langstaff P, due to the apparent weakness of the case. It then went forward to a full hearing in front of the Senior President of Tribunals, Sir Ernest Ryder LJ. He agreed with the argument that the...

On 22nd May, Michelle Marnham will be walking 50 kilometres in aid of Demelza Hospice Care for Children. The walk will be from Sittingborne to Eltham and will take the best part of 11 hours.  If you wish to sponsor Michelle, please click here. More information on her chosen charity can be found here.

Frank Feehan QC advised the Respondent (ZN – father) in the matter of N (Children) [2016] UKSC 15. The issue in the case was whether the future of two young girls should be decided by the UK courts or by the authorities in Hungary, both children being nationals of Hungary. The Supreme Court decided that jurisdiction lies with the courts of the member state where the child is habitually resident, in this case England To...