Commercial News

3PB has issued an urgent briefing to its insolvency clients and contacts about a new Temporary Insolvency Practice Direction (TIPD) which has been introduced to provide sensible solutions for court users during the current COVID-19 pandemic. This means continued absence of court appearances in person.

3PB Barrister Philip Bambagiotti takes a contrary view to the new group-think which seems to reach for ‘force majeure’ as the first answer to the challenge to performance of existing contracts posed by the Covid-19 crisis. Click here to read Philip’s analysis. Philip Bambagiotti is an experienced barrister at the NSW Bar in Australia and at the Bar in England and Wales practising in commercial law with a focus on building & construction, infrastructure, property...

Max Schofield analyses Premier Family Martial Arts LLP (“PFMA”) v HMRC [2020] UKFTT 1 (TC), in which the First Tier Tribunal was tasked with assessing kickboxing classes and the education exemption for private tuition. Click here to read the full analysis. A shorter version was also published in the Tax Journal and is available here. Max Schofield is a commercial chancery barrister with an interest in VAT liability and rates as well as contractual disputes...

3PB Head of Chambers David Berkley QC has warned that lawyers waiting until the last minute to file claims are taking huge negligence risks given the court’s hardline approach. The summer’s Court of Appeal judgment in Woodward v Phoenix established there was no duty on a party to inform the other side of procedural mistakes, even though it denies the other party of its rights of action. The case involved a claim served on the...

3PB is thrilled to have been shortlisted by the Legal 500 directory in the following categories: Regional Bar: Set of the Year and Regional Bar: Silk of the Year – Vanessa Meachin QC The nomination for Regional Set of the Year is further acknowledgment of the talent, hard work and investment by 3PB's members and staff this year across all of our specialisms and 6 office locations in the UK. The set was previously shortlisted in...

3PB specialist commercial and property barrister Neil Fawcett analyses the case of Venson Automotive Solutions Ltd v Morrison's Facilities Services Ltd and others [2019] EWHC 3089 (Comm) (9 October 2019), in which the High Court considered the interpretation and purpose of ‘no set-off’ clauses and how they impact on parties’ rights and remedies. This article was first published by Lexis®PSL on 29/11/2019. Click here to read the full analysis.

Our barristers Richard Whitehouse, Jack Webb, Christopher Edwards and Dr Zhen Ye delighted to have taken part in this Mock Commercial Contract Mediation and Trial with ARAG and the Insurance Institute of Bristol. Watch this video to find out more about the event.  

Neil Fawcett analyses the Commercial Court’s recent decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. The case analyses the interpretation of an implied term of good faith, as well principles of construction in relation to contracts of good faith. Click here to read Neil Fawcett's analysis. This article was first published by Lexis®PSL on 29 October 2019.

3PB specialist commercial and property barrister Neil Fawcett analyses the decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm) regarding the interpretation of an implied term of good faith in a sponsorship agreement between a football club and a manufacturer of sportswear, as well as summarising the familiar principles of construction in relation to contracts of good faith. The article also deals with the court’s decision on...

Neil Fawcett (2006 call) has joined 3PB‘s leading Commercial and Property teams. Neil  has a broad commercial and chancery practice and will be based in 3PB’s Birmingham Office in the landmark Colmore Building. In the property arena Neil acts for individuals, private companies and public bodies in relation to commercial property disputes, including multi-day High Court and County Court trials and has experience of trials in the property tribunal. In banking and financial services litigation Neil...

Seb Oram analyses the Commercial Court’s recent decision in Natixis SA v Marex Financial [2019] EWHC 2549 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. What is the scope for common mistake in commercial contracts? Can a party’s standard terms limit or exclude liability, even where there is no contractual relationship? Seb is a Commercial Law barrister specialising in professional negligence and the construction sector. Click here to view his profile. Click here to...

Max Schofield analyses, for LexisPSL, the practical implications of the Admin Court’s decision in  R (on the application of Actegy Ltd) v Advertising Standards Authority Ltd [2019] EWHC 2374 (Admin). This article was first published by Lexis®PSL on 12/09/2019. Click here to read Max's analysis.