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Does a bank who is negotiating with a customer for a sale of a financial product, owe a common law duty to advise the client about an onerous break clause? Tom Webb analyses a recent decision of the Mercantile Court that considers the scope of a banker’s duty (Fitch v. Lloyds TSB Bank plc [2016] EWHC 1236 (QB)). Tom is a Commercial Law barrister who regularly advises in business disputes.
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3PB Barristers invites suitable candidates to apply for a third six-month pupillage in its Business & Commercial law team. We are interested in applications from pupils who are completing (or who have already completed) a pupillage and have gained advocacy and paperwork experience. 3PB Barristers are a multi-disciplinary chambers organised into 6 specialised practice teams. The successful candidate will join the Business & Commercial law team. They must have an interest in, and experience of,...
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Chambers is pleased to announce that Mathew Gullick and Caroline Stone have been appointed to the Attorney-General’s panels of Junior Counsel to the Crown in civil matters, with effect from 1 September 2016. Mathew has been appointed to the A Panel, having spent four years on the B Panel and prior to that four years on the C Panel. Caroline has been appointed to the B Panel after completing five years on the C Panel....
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Tanya Zabihi, Chair of FLBA and Deputy Head of 3PB's Family Law Group, hosted a successful summer drinks party in Bristol at the end of June. The party was well attended by members of the Judiciary, local FLBA members and solicitors from private practice and local government and Mr Justice Baker gave an interesting and informative speech at the event. Much needed funds were raised during the evening for the Bread Youth Project, a Bristol...
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Richard Owen-Thomas addressed the White Paper Employment Conference on 29 June on the extent of an employer's duty to investigate a grievance or disciplinary matter, including the monitoring of employees. Richard examined reasonable investigations and when they might breach expectations of privacy and become repudiatory breaches. Click here to view his presentation.
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Richard Owen-Thomas, one of 3PB’s employment and regulatory barristers, advised the British Amateur Gymnastics Association (BAGA) in the recent formal disciplinary procedure involving Louis Smith MBE for a breach of the BAGA Standards of Conduct over social media posts. The respondent, Louis Smith, admitted failing to display high personal standards commensurate with his role in sport. To see the BAGA formal statement regarding the disciplinary process, please see: https://www.british-gymnastics.org/news-and-events/news/latest-news/6552-british-gymnastics-formal-statement Richard Owen-Thomas (Year of Call 2000)...
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Katie Lee reviews Lungowe & Ors v. Vedanta Resources PLC & Konkola Coppers Mines PLC [2016] EWHC 975 (TCC) in which the TCC has come down in favour of England as the most convenient forum for the resolution of a dispute which had a mostly Zambian element. A number of arguments were made by two wealthy corporations designed to try and push the proceedings back to Zambia where they arguably had better prospects of disposing...
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Now what? A brief speculation about what the UK’s vote to leave the EU might mean for personal injury law - by 3PB Barrister Andrew Perfect, Member of 3PB's Personal Injury and Clinical Negligence Team. The UK’s vote to leave the European Union last week has left many with a feeling of political whiplash. For PI practitioners there is probably no immediate reason for panic. In the short term – one to two years – it’s...
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Joe England appeared before the new President of the EAT, Simler J, in an important case analysing the scope of protection for ‘whistleblowers’ at s.43K ERA 1996. Following Mr England’s drafting of what were noted at the sift stage as “well arguable” grounds of appeal, the hearing yesterday considered the scope of protection, including the potential limitation to protection caused by a decision of the previous President of the EAT, Langstaff J, earlier this year...
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Mathew Gullick appeared as junior counsel for the Home Secretary in the UK Supreme Court in the case of MS (Uganda) v Secretary of State for the Home Department [2016] UKSC 33. Judgment was handed down today, 22 June 2016. The Supreme Court ruled that the right of appeal against a refusal of asylum contained in section 83 of the Nationality, Immigration and Asylum Act 2002 (prior to its amendment by the Immigration Act 2014) did not...
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On 8 June, 3PB Employment barrister Sarah Bowen delivered an Employment Law Update at the ACAS South West conference in Bristol. Over 100 delegates attended. To view Sarah’s notes please click here. This followed a full day of training focused on Employment Tribunals and how to get the best out of witnesses, held for ACAS on 26 May and led by Head of 3PB’s Employment Law Group James Dawson with Gareth Graham and Andrew MacPhail...
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3PB’s Personal Injury team competed in the annual Hodge Jones & Allen charity quiz to raise much needed funds for the Child Brain Injury Trust. Although not the winners on the night, barristers Hamish Dunlop, Michelle Marnham, Craig Ludlow, Hugh Rimmer and Andrew Perfect, pitted their brains against other chambers and law firms for a fun evening and also donated two raffle prizes on the night in aid of the charity.
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