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Continuing breach is an area of law that has suffered from a level of uncertainty. In the context of professional risk, it is often important to limitation arguments, in order to determine when a breach of duty has occurred. Christopher Edwards (Call 2008) analyses the most recent contribution of the Court of Appeal, in Capita (Banstead 2011) Ltd v. RFIB Group Ltd [2015] EWCA Civ 310. Christopher is a Commercial Law barrister with a particular...
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Christopher Edwards, Business and Commercial barrister, provides a case update in the matter of Capita (Banstead 2011) Ltd v RFIB Group Ltd [2015] EWCA Civ 310. In this case, the Court of Appeal reconsidered the issue of continuing liability in the context of breach of contract, an area of law that has suffered from a level of uncertainty following decisions on similar facts leading to differing judgments. The relevance of continuing breach normally relates to...
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3PB is delighted to welcome new barristers as members of Chambers, who bring with them many years experience practising in a variety of areas of Law. William Webster (Year of Call: 1975) formerly of 12 College Place, advises on traditional land and planning matters, including highways, as well as general Chancery work involving land, rights over land and development issues. Christopher Edwards (Year of Call: 2008) formerly of Forum Chambers, is welcomed back to 3PB...
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Hayley Griffiths acted on behalf of the Local Authority (Swindon Borough Council) in what Sir James Munby, President of the Family Division, described as “the most difficult care case” he has ever done and further citing the case as being “desperately sad and worrying”. The issue in the Matter of D (A Child) (No 3) involved whether a little boy, D, should live with his parents, or, if they could not adequately look after him,...
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The High Court has held (Burgess v. Lejonvarn 2016] EWHC 40 (TCC)) that a construction professional can owe a duty of care in negligence even where they had no expectation of payment for the work performed. Considering recent developments in the law of negligence in the construction sector, the Court also held that a duty of care may arise in respect of any special skill that a construction professional exercises on behalf of his client;...
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3PB’s Katie Lee looks at a recent judgment in the Court of Appeal dealing with adjudication. The case concerned an appeal by Harding, a building contractor, against a judgment of the TCC refusing to grant either an injunction or a declaration to prevent an adjudication from going forward. The central issue was whether an earlier adjudication on related matters shut out a new adjudication.
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3PB is delighted to announce the appointment of Adam Feest to Queen’s Counsel. He will be sworn in at a ceremony on 22nd February 2016 and the members and staff of chambers warmly congratulate Adam on his new appointment. Adam is an experienced criminal law advocate who advises and represents clients across the whole spectrum of criminal cases in the Crown Court and Court of Appeal. He acts in cases involving murder and serious violence,...
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3PB warmly congratulates Melissa Barlow on her recent appointment as Recorder authorised to hear Public and Family Law cases on the Western Circuit, with effect from 11 January 2016. With over 20 years experience in family law, Melissa acts for Local Authorities, parents, Guardians, children and prospective special guardians and adopters. She is one of 3PB's senior family law barristers and chambers wishes her well with her new appointment
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Louis Weston, Head of 3PB's Sport Law Group, represented the BHA in the successful prosecution and in resisting the appeal in the hire racing corruption case surround AD VITAM. The case involved allegations of corruption against a jockey, owner and bettors and led to penalties on the principal participant of an 8 year disqualification. The case is widely reported in the racing and national press and followed a 7 day hearing before the BHA's Disciplinary...
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The Chancery Division has recently considered what the effect of paying the wrong court fee is, on limitation. Claimants’ solicitors need to be aware that an understatement of the claim amount, and payment of the wrong fee, may render the claim form invalid. The effect might then be that limitation continues to run until the error is corrected. Gavin Hamilton (Call 1979) provides a legal analysis of the judgment. He is a Commercial Law barrister...
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3PB joined other Oxford businesses Blake Morgan solicitors, AECOM (Abingdon construction consultants) OUP (Oxford University Press), Thames Water and Oxford Architects, in buying Christmas presents for children in need. Local Social Services in Oxford identified disadvantaged young people who would benefit from a gift and over 160 presents were given out during the Christmas period. 3PB barristers and staff who took part were Ed Ross, Andrew MacPhail, Elaine Strachan, Emma Griffiths, Joshua Dubin, Tom Tyler, James...
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Oliver Powell and Sunyana Sharma acted for interested parties in the inquest touching the death of Ranyodh Singh. Oliver Powell (instructed by Blake Morgan) appeared for IKO Design Ltd and Sunyana Sharma (instructed by Shoosmiths) appeared on behalf of an employee of the company. After hearing 3 days of evidence, the jury concluded that the death was one of misadventure. The 3PB Public and Regulatory Group continues to lead the way in regulatory law. For...
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