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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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The High Court has ruled that permission to serve a bankruptcy petition by a substituted means cannot be given retrospectively. Rebecca Farrell analyses the decision Ardawa v. Uppal and Jordan [2019] EWHC 456 (Ch) and considers how it changes the law. Click here to read Rebecca's analysis. Rebecca is a Commercial Law barrister with a significant Company Law and Insolvency practice. View her profile here.
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The voting has now closed for the 2019 Women in Law Awards. Leading family barrister Liz McGrath QC is one of a select few to be nominated by voters for 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 to be one...
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3PB employment barrister Andrew MacPhail appeared in the Court of Appeal recently, representing Ms Shaikh at all stages including at the Court of Appeal, instructed by LB Law. The Court of Appeal, as confirmed in its reserved judgment of today’s date, concluded in Ms Shaikh’s favour ([2019] EWCA Civ 267). Ms Shaikh brought a number of claims in the ET, including an equal pay claim and claims based on constructive dismissal arising from the alleged...
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In her latest case summary, Henrietta Hughes provides an analysis of the Supreme Court’s decision in Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6. Click here to view her analysis.
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