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Do shareholders in a family or quasi-partnership company, owe each other fiduciary duties? Seb Oram analyses the recent decision of the Chancery Division in De Sena v. Notaro [2020] EWHC 1031 (Ch) for LexisPSL’s Case Analysis Expert Panel. This article was first published by Lexis®PSL on 11/05/2020. To read the full article please click here. Seb is a Commercial and Construction Law barrister. Click here to view his profile.
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Seb Oram analyses the Commercial Court’s recent decision in Natixis SA v Marex Financial [2019] EWHC 2549 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. What is the scope for common mistake in commercial contracts? Can a party’s standard terms limit or exclude liability, even where there is no contractual relationship? Seb is a Commercial Law barrister specialising in professional negligence and the construction sector. Click here to view his profile. Click here to...
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3PB Construction Barrister Seb Oram has been invited by White Paper to speak at their conference on "Construction Contracts: Hints, Tips and Solution-Focused Answers" taking place in London on Tuesday 12th November. This one-day conference aims to "answer 11 Thorny Questions: Directly from 7 of the UK’s Sharpest Lawyers and Industry Pros". Seb's talk will examine "Against a back-drop of recent and live cases, how is the Court interpreting pay less notices under NEC3 and...
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The United Kingdom’s withdrawal from the European Union is brought into effect at a domestic level by the European Union (Withdrawal) Act 2018 (“the Act”). As has been extensively reported, the Act and the subordinate legislation that it will give rise to, constitute the single largest legislative reform programme that this country has witnessed. 3PB's Head of Chambers David Berkley KC, and Seb Oram explain the effect of the Act, and provide a practical guide to those changes...
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Seb Oram analyses, for LexisPSL, the practical implications of the Commercial Court’s decision in Rotam Agrochemical Co Ltd v GAT Microencapsulation GmbH [2018] EWHC 2765 (Comm). This case analysis was first published by LexisNexis on 30 October 2018. Click here to view Seb's profile. View his analysis here.
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Commercial update: Commercial negotiations and draft contracts – the formation of a binding contract
When one party pulls out of commercial negotiations before a contract is signed, how does the Court determine if a contract has been formed? Seb Oram analyses the Commercial Court’s recent decision in Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH [2018] EWHC 2765 (Comm). Click here to read Seb's analysis. Seb is a Commercial Law barrister specialising in professional negligence and the construction sector. View Seb's profile here.
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3PB Barristers' Commercial Law Group brings you the latest Edition of its legal update. Topics: Gavin Hamilton - Scope of Duty and Causation of Loss What can we learn from the Supreme Court about scope of duty & causation of loss? BPE Solicitors-v-Hughes-Holland [2017] UKSC 21 & Globalia Business Travel SAU-v-Fulton Shipping [2017] UKSC 43 To read Gavin Hamilton's analysis, please click here. Seb Oram - Unfair Terms What has changed recently? UCTA 1997: dealing on another’s...
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Construction Law: Court of Appeal upholds decision on architects' non-contractual duties by Seb Oram
The Court of Appeal has held in Burgess v. Lejonvarn [2017] EWCA Civ 254 that an architect and project manager who supplied her professional services to friends, free of charge and without entering into a contract, nonetheless owed them a duty in tort to exercise reasonable skill and care. On the facts, the parties had understood the context of their relationship to be professional, not informal or social. The duty arose on the basis of...
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The Supreme Court has recently heard a challenge to the SAAMCO ‘scope of duty’ principle, in the context of a professional negligence claim against conveyancers. Seb Oram analyses the recent, landmark decision in BPE Solicitors v. Hughes-Holland [2017] UKSC 21 (SC) that considers how the scope of duty principle applies. To read Seb's article, click here. Seb is a commercial barrister who regularly acts in professional negligence claims against professionals in the legal, property and...
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On the anniversary of the CDM Regulations 2015 coming into force, Seb Oram presents a LexisNexis webinar on their effect and on the practical issues that they raise for the Construction and Engineering sectors. The webinar, co-hosted with Sean Elson of Pinsent Masons, is available here. Seb is a Construction and Commercial Law barrister. To view his profile please click here.
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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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