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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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3PB’s specialist property and commercial law barrister Thomas Talbot-Ponsonby joined Tim Baldwin from Garden Court Chambers to record a webinar on ‘‘The impact of Covid-19 on residential property’’ for Lexis Nexis. In this webinar, the duo of barristers take a look at the impact of covid-19 on residential property from both the landlord’s and tenant’s perspectives. Thomas Talbot-Ponsonby takes a closer look at the landlord’s perspective including the initial response; terminating the tenancy; notice periods...
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With the advent of Covid-19, virtual evidentiary hearings through online communication services have increasingly become the norm. Some of the overriding concerns surrounding these virtual hearings include issues of due process, in particular the assessment of witness evidence as regards credibility and reliability. The trend has also brought about discussions in relation to the development of cyber protocols dealing with logistical issues such as time-zone differences and ‘zoom fatigue’. In the first video instalment of...
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Specialist family law barristers Emma Griffiths and Aimee Fox hosted our family law brunch via Zoom on Tuesday 15 June. Emma Griffiths presented 'Re HN: Scott's demise?' and Aimee Fox examined 'Covert recordings in family proceedings’. Download our barristers' presentation slides and useful links here. Contact Practice Directors Robert Leonard and Ian Charlton for more information.
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No images? Click here Welcome to June's newsletter In this edition of the newsletter we announce some changes at the helm of the 3PB Personal Injury and Clinical Negligence team. You will find this edition packed full with news, including the review of the Laura Booth inquest and Mark Lomas' representation of her parents; Sunyana Sharma's recent inquests training for Middle Temple and our recent involvement raising funds for Headway Salisbury and South Wiltshire. We...
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