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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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3PB Crime Group Jonathan Underhill and Graham Gilbert are delighted to present a criminal update on behalf of the Hampshire Incorporated Law Society on Thursday 11th April 2019. Topics: Domestic Violence: Is further legislation the answer? The landmark draft Domestic Abuse Bill has been published (Monday 21 January), aimed at supporting victims and their families and pursuing offenders. Are the proposed changes and additions simply provisions which are long overdue, or will more legislation make a complex a delicate...
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Jane Rowley was instructed by West Midlands Solicitors to defend a 22 year old man suffering from anxiety and ADHD in a case involving multiple counts of rape, coercive and controlling behaviour by his ex-partner during the three years of their relationship. The trial involved the services of an intermediary to assist a vulnerable defendant with communication difficulties. Unanimous verdicts of not guilty were retuned on all 8 counts of the indictment after 4 hours...
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3PB is delighted to welcome Angela Grahame QC (Scot) to 3PB. Angela becomes the first female QC from the Scottish Bar to practice at the Bar in England and Wales. This move comes in the year that many in the legal profession around the UK are marking the Centenary of Women in the Law and notable female ‘firsts’.
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National chambers 3PB Barristers – formerly 3 Paper Buildings – has seen four of its barristers appointed as Deputy District Judges in a single round of appointments. The Lord Chief Justice has appointed Rachael Goodall, Matthew Cannings and Luke Ashby to sit as Deputy District Judges on the Western Circuit while Darren Walsh takes up his position on the Midlands Circuit. Darren Walsh (call 1997) specialises in civil fraud and contentious commercial insurance disputes. 3PB...
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If legal services are provided to a taxpayer company and to its director, can the company reclaim the input tax? Max Schofield analyses the Court of Appeal decision in Praesto Consulting UK Limited v. HMRC [2019] EWCA Civ 353. Max is a Commercial Law barrister whose practice has a particular emphasis on indirect taxation. Read Max Schofield's analysis here.
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Bringing a claim for periodontal disease can be straightforward in terms of breach of duty. Causation can be more problematic. The recent QBD case of Karen Haughton-v-Dr Minersh Patel is one such case and deserves further analysis in terms of how the Claimant was able to prove liability and recover substantial damages despite the complex causation arguments put forward by the Defendant and in particular the smoking defence. Click here to read Sarah Mynard's analysis.
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On 16 March 2019, Construction and Engineering barrister and mediator, Paul Newman, was a guest speaker at the Arbrix spring conference, held in Swindon. The title of Paul's paper was 'Producing an Enforceable Adjudication Decision.' Click here to view Paul's profile.
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An educating read! The Court of Appeal has ruled whether land originally conveyed to Oxfordshire County Council (OCC) in 1914 and 1928 (under the School Sites Act 1841) for (specified) educational purposes had continued to be used as such, when the conveyed land laid vacant, for over a year, until it was sold in 2007, despite the sale proceeds being used to improve the relocated school. Patten LJ said: “The issue is whether the land...
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Karen Moss succeeded yesterday in the EAT in Baldeh v Churches Housing Association of Dudley & District Ltd UKEAT/0290/18/JOJ, persuading HHJ Shanks that where the original decision to dismiss was for disability-related reasons, without knowledge of the disability, but the appeal decision, upholding the dismissal was for the same reasons, with the requisite knowledge of a disability, that was actionable by an employee claiming to have been dismissed because of something arising in consequence of...
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The voting has now closed for the 2019 Women in Law Awards. 3PB barrister Emma Waldron is one of a select few to be nominated by voters in the Personal Injury category of the Lawyer Monthly’s annual awards dedicated to women in the legal sector. With the legal profession traditionally being male-dominated, Lawyer Monthly aims to recognise the struggles female lawyers overcome, in order to be the best for their clients. Likewise, 3PB are proud...
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RE B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29 The issue of post-adoption contact was recently considered by the Court of Appeal in the case of Re B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29. The appellants were the natural parents represented by Vanessa Meachin QC and Sarah Jennings instructed by Phil Storey and Karen Bailey of Bailey Wright & Co Solicitors. In this matter the birth parents sought on-going direct contact with...
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