News

3PB barrister and inquests specialist Susan Jones – who did a six-month secondment with the Inquest Team at London offices of Capsticks in 2015/2016 * – below reviews High Court judgment in R (Maughan) v HM Senior Coroner for Oxfordshire [2018] EWHC setting out that at an inquest, the balance of probabilities is the standard of proof required for a short form or narrative suicide conclusion. Lord Justice Leggatt giving the judgment of the Court...

3PB’s Alexander Whatley has successfully defended against a claim for an agency fee which turned on the interpretation of an ‘Introduction’. This is a widely contested issue in both the estate agency and recruitment agency sectors in the UK. The claim was defeated half-way through the trial by way of a successful submission, by 3PB commercial barrister Alexander Whatley, of no case to answer relying on Foxtons Ltd v Pelkey Bicknell [2008] EWCA Civ 419....

3PB Barristers employment & discrimination law specialist Matthew Curtis has just appeared in two disability discrimination cases at the EAT this last fortnight. Appearing before HHJ Eady Q.C. on both occasions, Matthew first represented a Respondent appealing on procedural irregularity and perversity grounds, then represented a Claimant on a pro bono basis under the ELAAS scheme. Matthew is a highly-ranked employment barrister, regularly appearing in Employment tribunals on multi-day cases across the UK, and is...

3PB recruits childcare family barrister for Birmingham team

1st August 2018

3PB Barristers are proud to announce the recruitment of a new family barrister specialising in children for its Birmingham office and national family law team. Rebecca Franklin – called to the Bar in 2001 – joins from another leading Birmingham chambers and provides representation in private law children matters, public law and domestic violence/injunctions. Rebecca has a wealth of experience in representing the most vulnerable clients, including those with learning disabilities and mental health difficulties,...

3PB’s Head of Chambers Nigel Lickley QC leading David Richards prosecuted an army officer for offence of gross negligence manslaughter and another officer and a warrant officer for negligent performance of duty arising from the death of soldier Michael Maguire on Castlemartin Ranges, West Wales in May 2012 during a live firing training exercise. The 8 week trial was both factually and legally complex. The case concerned the planning, organisation, and running of live firing ranges. Additionally,...

3PB silk David Berkley QC appeared on Sky News this week commenting on the £210,000 in damages awarded to Cliff Richard in a High Court privacy case against the BBC. Mr Berkley said that the rights to privacy of the individual and the freedom of speech afforded to the press needed to be balanced.

3PB’s Commercial and Property barrister Rebecca Farrell, instructed by Ian Baker of London solicitors PGB Gitlin Baker, acted for the Petitioning Creditor Darius Khakshouri in successfully obtaining the bankruptcy of former property tycoon Kevin Cash who owed the businessman in excess of £3 million. The bankruptcy was obtained at Oxford County Court last week. The bankruptcy of Kevin Cash has attracted widespread publicity – alongside the planned sale of his £28m Oxfordshire home. Coverage includes...

Hamish Dunlop, Head of 3PB Barristers Family Law Group, led by Nigel Dyer QC, and instructed by solicitors Hughes Paddison of Cheltenham, again represented the husband and respondent Hugh Owens in the Supreme Court’s hearing of the groundbreaking Owens v Owens divorce case. The Supreme Court today, Wednesday 25 July, delivered its verdict on the application from the appellant and wife Tini Owens challenging the earlier rulings by the Court of Appeal and the original trial...

The defendant's Renault Clio had collided with a Kawasaki motorcycle ridden by 67-year-old Graham Hibbs in Victoria Road, Ferndown. Mr Hibbs, who lived in Wimborne, was "catapulted" through the air in the collision, which happened as Miss Quartey attempted to turn right into Westwood Avenue. He suffered severe head and chest injuries and died at the scene. Expert witnesses from both prosecution and defence teams agreed that parts of the carriageway were obscured by shadows on...

3PB Employment barrister Sarah Clarke analyses the latest employment law cases, covering: What constitutes ‘information’ in the context of making a protected disclosure? Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436 When determining the amount of one’s holiday pay, should regular voluntary overtime be included? In the context of the NHS, should non-guaranteed and voluntary overtime be included? Yes to both, says the EAT: Flowers v East of England Ambulance Trust UKEAT/0235/17/JOJ Can...

Nick Robinson successfully defended Mr Michael Henley-Smith at his Conspiracy to blackmail trial at Bournemouth Crown Court. The trial lasted seven days and concluded when the jury, after three hours in retirement, unanimously acquitted Mr Henley-Smith. The count faced by Mr Henley-Smith had been one of a number of counts on an Indictment containing offences of Conspiracy to Supply Class A drugs against seven other defendants. The drugs conspiracy stemmed from an extensive police investigation...

Nigel Lickley QC has been appointed as a Deputy High Court Judge under section 9(4) of the Senior Courts Act 1981. He has been assigned to the Queen’s Bench Division.