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3PB Commercial Barrister Marc Brittain and Pupil Barrister Mariya Peykova consider complex commercial arrangements and the difficulties they can create for parties where their obligations are set out in a multitude of related contracts of a single contract containing inconsistent dispute resolution clauses. Marc and Mariya explore the most common scenarios in which courts are asked to interpret inconsistent dispute resolution clauses, with particular focus on the ‘centre of gravity’ approach, adopted by courts. Click...
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3PB specialist intellectual property (IP) barrister Victoria Jones has successfully represented British Gymnastics in its action against UK Gymnastics. Following a 2 day hearing in March, on Friday 26 June 2020, HHJ Melissa Clarke sitting as an Enterprise Judge in the IPEC, handed down a 66 page judgment finding in British Gymnastics’ favour on every count of registered trade mark infringement and passing off. A copy of the judgment can be found here. Specialist IP barrister...
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Rebecca Farrell analyses Cathay Pacific Airways Ltd v Lufthansa Technik AG, in which the High Court found that there was no duty of good faith or duty to act reasonably in respect of an option to withdraw engines from a maintenance agreement. The judgment provides a helpful discussion of the case law concerning the principles of contractual interpretation and implied terms. It also serves as a reminder to practitioners that evidence of statements made in...
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In the first of a short series of bite size articles, Jonathan Underhill takes a deeper look into the enforcement of the Novel Food regime and seeks to identify and breakdown the powers made available to those agencies, who are tasked with securing compliance. In this article Jonathan gives an introductory overview of · The imported Section 9 FSA 1990 regime · Civil sanctions under Section 5 · Criminal sanctions under Section 4 · The Brexit transition and its...
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Members of 3PB's family team presented “You be The Judge of That” - an interactive virtual FDR last week. You can now watch the event back via the video below! The unique interactive FDR format put our delegates in the Judge’s Chair, asked them to solve contemporary legal problems and participate in live online polling. Our specialist panel of DDJs and Recorders including Hamish Dunlop Michael George Elizabeth McGrath QC Vanessa Meachin QC Simon Lillington Tonia Clark and Rachael Goodall shared their...
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A selection of 3PB’s current and future pupils shared their insight in to how to secure a place as a pupil; and how to make the most out of pupillage once you’re in chambers. Watch the video below to hear them tell the whole story – warts and all – and share their own tips and experiences from knowing where to apply to, to making an application, preparing for – then smashing – those interviews;...
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Crime barrister Nicholas Cotter of 3PB appeared as junior counsel for the defence in the first criminal trial in the UK to successfully return to the courts since the Covid-19 pandemic began in March 2020. The fifty-eight day trial at the Old Bailey involved six young defendants who faced an allegation of murder with the stabbing of a male on the Edgware Road in West London. The case helped provide a working example on the...
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3PB barristers Naomi Webber and Katherine Anderson bring you another chance to see this webinar - first broadcast on 9 July 2020 - in which Katherine and Naomi discuss Religion and Belief in the Workplace, the issues arising and the implications of relevant case law.
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3PB barrister and author Sarah Langford will be speaking online to a sold-out audience on Thursday 16th July 2020 at 7pm. Sarah will talk first hand about her experiences of ''heartache and humour, of high drama and quiet pain'' as a barrister in the criminal and family courts, and about the process of writing and publishing her best-selling book ''In Your Defence''. The book received five star ratings and reviews across the Country. The Guardian...
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Following the introduction of the Corporate Governance and Insolvency Act 2020 (“the CIGA 2020”) and the associated Insolvency Practice Direction, 3PB’s specialist commercial law barristers Charles Irvine and Rebecca Farrell consider winding up petitions in this context. In this article, they outline the key practical considerations for solicitors dealing with corporate insolvency during this time and how those considerations might impact the winding up of companies. Within the article some comment is made of the new Moratorium process and...
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3PB crime barrister Jane Rowley’s client, PC Timothy Brehmer, has entered a guilty plea to an offence of manslaughter at a hearing before Winchester Crown Court on 8th July 2020. The Court was informed that the plea to the manslaughter was not acceptable to the CPS, and the matter has been listed for a 2 week murder trial starting on 12th October 2020. The case has attracted coverage in the media including the BBC reporting...
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3PB’s specialist public law barrister Matthew Wyard has reviewed the draft Curriculum and Assessment (Wales) bill. The bill was introduced to the Senedd on 6 July 2020 without prior public consultation. Matthew concludes that whilst the background and the rationale to the Bill are admirable, the way in which the Bill is drafted and the lack of consideration given to how its provisions will work in practise are worrying features. He calls for revisions of...
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