Commercial News

If a claimant has the benefit of an After-The-Event insurance policy, is he protected from an order requiring him to provide security for the defendant’s costs? Read Alexander Whatley's briefing on the subject here (Premier Motorauctions Ltd & Others v Pricewaterhousecoopers LLP & Lloyds Bank Plc [2017] EWCA Civ). Alexander is a Commercial Law barrister specialising in contractual claims. View his profile here.

3PB Barristers' Commercial Law Group brings you the latest Edition of its legal update. Topics: Gavin Hamilton - Scope of Duty and Causation of Loss What can we learn from the Supreme Court about scope of duty & causation of loss? BPE Solicitors-v-Hughes-Holland [2017] UKSC 21 & Globalia Business Travel SAU-v-Fulton Shipping [2017] UKSC 43 To read Gavin Hamilton's analysis, please click here. Seb Oram - Unfair Terms What has changed recently? UCTA 1997: dealing on another’s...

New Birmingham office of 3PB barristers gets top Birmingham clerk

2nd November 2017

3PB’s rapid expansion into the Birmingham market has been further bolstered by the hire of Deputy Director James Parks from rival No5 Chambers. Parks joins the new Birmingham office of 3PB (3 Paper Buildings), the fourth largest set in the UK who were founded in Temple, London in 1892, as Practice Director. Parks worked with No5 Chambers for 19 years, playing a key role in the practice management and development of their Commercial & Chancery,...

How do the Courts approach the meaning of clauses that exclude liability in commercial contracts? Are they given the meaning least favourable to the person who relies on them? Richard Owen-Thomas analyses a recent decision of the Commercial Court that considers the issue (Crowden & Anor v QBE Insurance (Europe) Ltd [2017] EWHC 2597 (Comm)). To read Richard Owen-Thomas' analysis, click here. Richard is a Commercial Law barrister specialising in commercial transactions.

3PB Barristers' Commercial Law Group brings you the Summer Edition of its Commercial Law Update Handout. Please click here to view it. Topics: David Berkley QC Determining duty of care James Davies Unfair prejudice petitions Charles Irvine Relief from sanctions Nicole Bollard Exclusions and limitations of liability Susan Jones Privilege in bankruptcy

In its latest judgment on contractual interpretation, the Court of Appeal provides further guidance on the interpretation of exclusion and the contra proferentem rule. Graeme Sampson (call 2010) analyses the recent case of (1) PERSIMMON HOMES LTD (2) TAYLOR WIMPEY UK LTD (3) BDW TRADING LTD v (1) OVE ARUP & PARTNERS LTD (2) OVE ARUP & PARTNERS INTERNATIONAL LTD [2017] EWCA Civ 373, which deals with exemption clauses and how they should be construed....

When will settling a claim against one defendant bar a claimant from pursuing a different defendant, who is jointly responsible for the claimant’s loss? Nicole Bollard (call 2012) analyses the recent case of Vanden Recycling Ltd. v Kras Recycling Ltd. [2017] EWCA Civ 354, and its impact for civil disputes. Nicole is a commercial and property law barrister who advises and represents clients in both contentious and non contentious matters. View her profile here. To...

When will solicitor’s working papers (as opposed to advice) attract privilege? And what is the scope of legal advice privilege (“LAP”) and litigation privilege (“LP”)? Charles Irvine (call 2010) analyses the recent case of Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB), its impact on its impact for civil litigation. Charles is a Commercial Law barrister who specialises in Insolvency and commercial matters. View his profile here....

The Intellectual Property (Unjustified Threats) Act 2017 received Royal Assent on 27 April 2017. The Act is expected to come into force in the Autumn 2017. This long overdue Act is likely to be well received by IP owners and IP practitioners as it provides consistency and more clarity to an area which has historically been riddled with uncertainty. The Effect: In the UK it is possible to bring an action against groundless threats of...

The Supreme Court has recently heard a challenge to the SAAMCO ‘scope of duty’ principle, in the context of a professional negligence claim against conveyancers. Seb Oram analyses the recent, landmark decision in BPE Solicitors v. Hughes-Holland [2017] UKSC 21 (SC) that considers how the scope of duty principle applies. To read Seb's article, click here. Seb is a commercial barrister who regularly acts in professional negligence claims against professionals in the legal, property and...

3PB Barristers' Commercial law group brings you the Spring Edition of its Business & Commercial Legal Update Handout. Please click here to view it. Topics Incomplete contracts and implied terms: Wells v. Devani [2016] EWCA Civ 1106 Directions that override limitation provisions, when restoring a company to the register: Davy v Pickering [2017] EWCA Civ 30 Contract: remedies and loss of chance: Scottish Power v BP and McGill v SEM Civil Procedure: costs and security for costs: a.      departing from...

If a solicitor correctly interprets a term within a contract, but fails to advise the client as to the risk of a counter-interpretation, has there been a breach of duty?  And can there be a claim for damages? Matthew Cannings (Call 2006) analyses the most recent contribution of the Court of Appeal to the question of solicitors' duties, in Balogun v Boyes Sutton & Perry (a firm) [2017] EWCA Civ 75. Matthew is a Property...