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One of 3PB’s senior public and regulatory barristers’ Sunyana Sharma has published a review for legal publishers LexisNexis on Prevention of Future Deaths reports and considers whether Coroners should be given more powers to compel improvements. The review discusses Prevention of Future Deaths reports, what they are, when they can be made and their impact in a Coroners Court inquest. To read a free excerpt of the review, please click here. If you wish to...
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Intellectual Property and Commercial law barrister Nicole Bollard analyses the judgment in Thomas v Luv One Luv All Promotions Ltd and another [2021] EWCA Civ 732, in which the Court of Appeal considered the scope of issue estoppel and when the courts can disapply it due to special circumstances. In that case, the Court of Appeal allowed an appeal against the Intellectual Property Enterprise Court's (IPEC) decision to partially strike out a defence to a...
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Welcome to the 3PB family law newsletter Our fifth family law group newsletter brings you a wealth of 3PB family news including Liz McGrath QC's experience of the last 18 months, heavily marked by Covid 19. We bring you a round up of our March, April and June family law brunch talks with links to our presentations, notes and videos. Our hosts over the time period were Emma Griffiths and Aimee Fox; Liz Hudson and Theresa...
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David Parratt KC (Scot) spoke at the RICS Dispute Resolution Service (DRS) Wider Vision Symposium Programme on the topic of 'Thinking differently about disputes in a changing environment'. Speaking about the quality of expert evidence from a QC perspective alongside Guy Fetherstonhaugh QC and Oliver Radley-Gardner QC, the panel discussed the growing concern, again, in the English and Scottish courts over the quality of expert evidence in valuation and other cases.
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Welcome to 3PB's professional discipline and regulatory newsletter Welcome to the second edition of our newsletter, packed-full with sector news, hints and tips and case law analysis. In this edition, Lachlan Wilson, David Swinstead and Peter Jennings - part of 3PB's team of legal assessors - focus their top hints and tips for successful advocacy on the importance of language. Our team also provides analysis on topical issues that have troubled the courts in the past...
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Specialist probate law barristers Martin Strutt and Lydia Pemberton hosted our Zoom webinar - chaired by Cheryl Jones - on Thursday 17 June. Martin Strutt presented "Knowledge and approval and rectification: an overview of knowledge and approval and discussion as to whether rectification can in some circumstances cure a lack of knowledge and approval.". Martin's notes can be found here. Lydia Pemberton examined “Put up or shut up. How to progress estate administration: an overview into the options...
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Welcome to July's employment law newsletter Though Covid and its impact on the workplace remain centre-stage in our news section, we also highlight the importance of the Dobson case on working mums' rights; another court appearance for Maya Forstater and her former employer CGD and the 4th judgment on Deliveroo riders' employment status. Case law analysis is provided this month by Craig Ludlow with an in-depth review of Mercer v (1) Alternative Future Group Ltd (2)...
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3PB Family barrister Ségolène Lapeyre and Civil law barrister Hugh-Guy Lorriman have co-authored an article for Rayden Solicitors’ Anglo-French blog on the recognition of French PACS under the amended Civil Partnership Act 2004. The article highlights the significance of including opposite-sex couples in the definition of “civil partnership”, brought about by the Civil Partnership (Opposite-sex Couples) Regulations 2019, on the recognition of one type of “overseas relationship": the French pacte civil de solidarité (PACS). Ségolène...
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3PB’s specialist commercial and construction law barrister Seb Oram (pictured here) was successful in the recent High Court matter of Deluxe Property Holdings Ltd v SCL Construction Ltd, a case concerning VAT repayment disputes and trusts. Seb was instructed by DAC Beachcroft LLP to act on behalf of the claimant Deluxe Property Holdings Ltd. The case appeared before The Honourable Mr Justice Pepperall who found that SCL Construction Ltd acted in breach of trust and...
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3PB’s specialist tax and commercial law barrister Max Schofield (pictured here) has analysed the case of Deluxe Property Holdings Ltd v SCL Construction Ltd for the British Tax Review. This detailed case analysis is a must-read for legal professionals specialising in business law as it addresses the trusts law treatment of overpaid VAT, repaid by HMRC under section 80 and 80A – especially repayments with reimbursement arrangements and Quistclose trusts. Read the full case analysis...
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In 2020, Cohen J issued his decision in Re H [2020] EWHC (Fam) 1134 which found for the first time that a Court could order an Estate to pay for a CFA Uplift as part of an award under the Inheritance Act 1975. Further, an award was made by video link in circumstances where the Defendant (who was unrepresented) a profoundly deaf and disabled 87 year old woman who could not hear or see what...
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Barrister Jakob Reckhenrich, a multiple-scholarship award winner and Oxford and Brown Universities alumnus, has joined 3PB to advise on commercial, real estate and property disputes. He joins 3PB, initially as a third six pupil, after completing his pupillage at Monckton Chambers and working as a judicial assistant in the Commercial Court, where he assisted, among others, Mrs Justice Cockerill and Mr Justice Butcher. Jakob Reckhenrich came to the Bar after working as an academic philosopher...
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