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On the eve of the fifth anniversary of the Grenfell Fire, leading building safety and cladding disputes barrister Philip Bambagiotti from 3PB (3 Paper Buildings), pictured here, has said that the experience in Australia is that "a new regulator and policing regime is likely to have difficulties in delivering the promised, safer buildings, or in providing adequate remedies for residents blighted by unsafe cladding. We need to a broad, bold, comprehensive approach if we are to bring...
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The Global Slavery Index estimates there are 40.3 million people trapped in some form of slavery around the globe today. In the UK, 12,727 people were officially identified as potential victims of modern slavery in 2021. Slavery and trafficking are crimes punishable by severe penalties, yet the problem remains and is growing. The ACTion to Combat Modern Slavery Justice Hub is a Wilberforce Institute and University of Hull Alumni funded project that seeks to combat modern slavery by using research and...
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Welcome to June's employment law newsletter In the June edition of our newsletter, we highlight the government's forthcoming reform of exclusivity clauses and the start in the UK of the world's largest 4-day week trial. Case law analysis is provided by our members and pupils: - Oliver Hirsch analyses Knightly v Chelsea & Westminster Hospital NHS Foundation Trust [2022] EAT 63 in which the EAT considers if an employer who fails to make reasonable adjustments to its dismissal...
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3PB's financial remedy specialist Michael George, pictured here, is featured in this month's Counsel magazine alongside Andrew Donaldson head of the Forensic Accounting Team at Dains Accountants. From the world of forensic accountancy, they present a checklist for barristers on valuing a business asset. With analogies relating to dogs and bones, this article really highlights the key areas to consider, including tips such as treating the company accountant's valuation with scepticism and considering quasi-partnerships carefully....
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Congratulations to the 3PB team of 14 barristers and colleagues who took part in a sponsored 10km walk in May to raise funds for advice agencies in and around Oxford. We know that these advice agencies do a fantastic job in preventing homelessness, resolving debt problems, gaining care for the elderly and disabled and fighting exploitation. We also know how short they are of the funds to continue that work, particularly as a result of...
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3PB family barrister Luke Nelson, pictured here, will shortly see his review entitled "FRC efficiency statement – an update from the trenches" published in the June 2022 issue of Family Law. This article surveys the ‘lay of the land’, three months after the FRC Efficiency Statement. At its launch, the Efficiency Statement was heralded by some as a necessary step towards collaborative working in financial remedies. Others queried whether the front-loading brought about by its...
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Peter Collie (pictured here), who heads 3PB's Head of Construction & Engineering team, was given a Distinguished Service Award by the Dispute Resolution Board Foundation (DRBF) at their international conference this month. The DRBF is a non-profit organization dedicated to promoting the avoidance and resolution of disputes worldwide using the unique and proven Dispute Board (DB) method and gives assistance by providing advice and suggestions tailored for the conditions and practices existing in project areas....
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London Borough of Croydon v K.A. [2022] UKUT 106 (AAC) The Upper Tribunal published yesterday an important decision on EHC Plans which affirms the correct approach to section 9 of the Education Act 1996. The attempt by the London Borough of Croydon, on appeal, to narrow section 9 to educational benefits alone was rejected. Alice de Coverley, pictured here, from 3PB’s Education Team, represented the Respondent in this appeal, the parent, having already succeeded on...
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3PB's international construction and arbitration barrister Philip Bambagiotti (pictured here) has predicted looming ahead, building defects litigation over unsafe cladding in Australia, despite attempts to settle issues in NSW and Victoria. In a wide-ranging article for The Urban Developer, Philip outlines that cladding is far from a settled issue in Australia, with NSW’s Project Remediate expected to run until 2024, and Victoria’s scheme until 2025. Despite funding schemes in place, commentators say the total costs...
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3PB barrister Gemma White, pictured here, leading Thomas Acworth, also pictured, secured convictions in multi-handed youth trial for causing GBH. On Thursday 12th May 2022 a jury at Hove Crown Court returned guilty verdicts against three young defendants following a complex and sensitive three week trial, arising out of a sustained and frenzied assault on a 46 year old care worker in a park in Worthing on Easter Sunday 2021. Two teenage boys, aged 14...
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3PB recently hosted a free Commercial Law Webinar, at which members of the Commercial Group, David Parratt KC (Scot), Charles Irvine and Rebecca Farrell considered statutory arbitration, enforcement, and other issues under the Commercial Rent (Coronavirus Act) 2022. The team also reflected on arbitration as a tool for dispute resolvers against the backdrop of this new legislation; the evolving debate concerning compulsory ADR and party’s voluntary use of the arbitration process. Attendance numbers at the webinar were impressive, with great engagement...
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3PB's Head of Employment and Discrimination Law Team, Craig Ludlow, pictured here, joined Acas and other guest speakers at the Acas conference to discuss key legal considerations for flexible work requests. A recent Acas survey found that half of employers in Great Britain expected an increase in demand for flexible forms of working from employees, including hybrid options. However, there is growing evidence to suggest that there remains a significant mismatch between employees' preferences towards...
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