News

It is not uncommon for the final version of a contract to show clauses that have been replaced, deleted or struck out during the parties’ negotiations. Can you have regard to them in order to interpret the contract? The Court of Appeal has given guidance on that, and on setting aside voluntary arrangements for “material irregularity”, in Narandas-Girdhar v. Bradstock [2016] EWCA Civ 88. Cheryl Jones, a Commercial and Chancery barrister analyses the decision for...

Shruti Sharma represented the interests of the NMC in the high profile case of the Nursing and Midwifery Council v Bryan Rankin Gray. Mr Gray faced allegations of touching colleagues on their private parts and bottoms and making inappropriate comments over a number of years, whilst he worked as a Ward Manager at the Princess Elizabeth Hospital in Guernsey. After hearing evidence from 4 vulnerable witnesses, a Hospital investigator and Mr Gray himself, the panel...

In two complementary judgments handed down last week the Supreme Court considered the approach to be adopted in deciding whether a relationship other than one of employment can give rise to vicarious liability and clarified the “close connection” test of vicarious liability. Cox v Ministry of Justice [2016] UKSC 10 The claimant worked as a catering manager at a prison.  Several prisoners were engaged in paid work within the kitchen under the claimant’s supervision.  One...

The Commercial Agents Directive fundamentally changes certain areas of the common law relating to Agency. To view this webinar and learn about latest developments with critical analysis and practical guidance, please click here. To view Christopher Edwards profile, please follow this link.

Hugh Rimmer, personal injury expert at 3PB has written an informative article on the recent case of Mosson v Spousal (London) Ltd [2015] EWHC 53 (QB) on damages in fatal claims. To read the full article, please open the pdf below. Hugh specialises in personal injury, clinical negligence and costs, advising and representing both Claimants and Defendants in high value, complex cases.  

In Kings College Hospital NHS Foundation Trust v K and C [2015] EWCOP 80, MacDonald J held that ‘K’ had the capacity to choose to refuse further medical treatment that would invariably lead to her death. In Birmingham City Council v D (by his litigation friend the Official Solicitor) and W [2016] EWCOP 8, Keehan J considered the role and limitation of parental consent in respect of deprivations of liberty. In Re CS (Termination of...

Robert Courts, personal injury expert at 3PB,  has written an informative article on the recent case of Broadhurst (1) & Taylor (2) v Tan (1) & Smith (2) [2016] EWCA Civ 94. This recent Court of Appeal’s  judgment is of particular assistance to Claimants but also contains some important points for practitioners on both sides of litigation. To read the full article, please click on the pdf below. Robert is an experienced personal injury barrister...

Michelle Marnham (Call 1994), 3PB personal injury barrister,  provides an informative commentary on the recent Supreme Court decision in Knauer v Ministry of Defence [2016] UKSC 9,  which reverses the law for calculating quantum in fatal accident claims. To read the full article please click the pdf below. Michelle Marnham specialises in personal injury with associated professional negligence and fatal accident claims. She has extensive experience in all aspects of personal injury litigation, including catastrophic injury,...

Dealing “on [another’s] written standard terms” is one of the gateways that opens up a potential challenge to those terms under the Unfair Contract Terms Act 1977. The Commercial Court considered in African Export-Import Bank v. Shebah Exploration & Production Co [2016] EWHC 311 (Comm) whether an industry model-form contract could amount to standard terms and, secondly, what degree of negotiation was necessary before terms ceased to be ‘standard’.  Nicole Bollard, a Commercial and Property...

Louis Weston, Head of the Sports Group, has been appointed to the International Cricket Council’s Anti Corruption Unit Oversight Group.  The Group, which includes Sir Ronnie Flannigan, Rahul Dravid, David Richardson (ICC CEO) and John Abbott, is formed to advise the ICC’s Anti Corruption Unit on strategy and implementation.  The ICC’s press release can be viewed here.

3PB is delighted to announce that Adam Feest was appointed Queen’s Counsel  when he made his declaration before the Lord Chancellor at a ceremony in London on 22 February 2016. Adam was called to the Bar in 1994 and specialises in criminal law, advising across the whole spectrum of criminal cases. His expertise and reputation  means he is instructed to deal with complex and important cases all over the UK and he advises in cases...

Paul Newman, 3PB Barrister and Mediator, was one of the two judges at the University of the West of England's final mediation moot competition, held at their campus in Bristol on Wednesday 17 February 2016. Paul complimented the second year undergraduate students on the high standard they reached and their confidence in tackling the challenging scenario set by the moot organisers. Paul is an experienced construction barrister and mediator and further detail on his expertise...