Contractual disputes News

The sound of silence in contractual interpretation

9th March 2023

3PB commercial, chancery and property barrister Alexander Whatley considers the impact of the decision in Barton v Morris. His article entitled 'The sound of silence in contractual interpretation' can be read here.  Alexander has been recommended in Legal 500 (2023) as a ‘Tier 1 Leading Individual’ in Commercial Litigation. To instruct Alexander, please contact his clerk, David Fielder, 020 7583 8055, [email protected] 

The correct measure of damages in a claim for breach of warranty and deceit in the context of a share sale

11th July 2022

3PB Commercial Law barrister Mariya Peykova (pictured here) analyses the case of MDW Holdings Limited v James Robert Norvill and Ors [2022] EWCA Civ 883, in which the Court of Appeal brings important clarification of the principles applicable to the assessment of damages for breach of warranty and deceit in the context of a share sale. In particular, the Court considered, when assessing damages for the breach of warranty, whether hindsight should be used to...

Language trumps purpose in relational contracts (Quantum Advisory Ltd v Quantum Actuarial LLP)

1st July 2022

3PB commercial law barrister Ashley Blood-Halvorsen (pictured here) analyses for Lexis Nexis the case of Quantum Advisory Ltd v Quantum Actuarial LLP [2022] EWHC 1423 (Ch), which reminds us of the importance of clear comprehensive drafting in relational contracts. In this case, the court had to decide if the meaning of ‘Services’ in the contract covered tendering for new and or repeat business. Even though the court took into account the long-term nature of the...

Jakob Reckhenrich considers the unlikely prospect of paying court judgments by instalments

15th March 2022

3PB’s specialist commercial litigation barrister Jakob Reckhenrich, pictured here, advises clients on the court's approach to requests to pay judgments by instalments. In this newly-penned article, Jakob analyses the relevant provisions of the Civil Procedure Rules (CPR) and the recent case law interpreting those provisions. Jakob advises that judgment debtors are usually required to pay within 14 days and that it is for judgment creditors to decide what means of enforcement to use, including the...

3PB reviews abatement, the Sale of Goods Act 1979 and the Readie Construction case

22nd November 2021

3PB’s pupil barrister Jakob Reckhenrich (pictured here) has analysed the case of Readie Construction Limited v Geo Quarries Limited [2021] EWHC 3030 (QB). By way of background, Section 49 of the Sale of Goods Act 1979 prescribes the circumstances in which the seller is entitled to sue for the price. The seller has to demonstrate either that property in the goods has passed (which will be problematic if the contract contains a retention of title clause), or that the...

The pitfalls of failing to transcribe ‘casual’ commercial agreements

15th October 2021

3PB’s commercial law barrister Mariya Peykova (pictured here), has analysed the case of Zymurgorium Ltd v Hammonds of Knutsford plc for Lexis®PSL. Zymurgorium Ltd v Hammonds of Knutsford plc highlights the sometimes volatile nature of business relationships and serves as a useful reminder for parties entering commercial arrangements of the pitfalls of failing to transcribe their agreement, particularly in the light of the fallible nature of oral evidence. The case relates to a dispute arising...

Seb Oram on the implications of Supreme Court case Triple Point v PTT [2021] for commercial and construction practitioners

9th September 2021

3PB’s specialist commercial and construction barrister Seb Oram (pictured here) has analysed the Supreme Court case Triple Point Technology Inc v PTT Public Co Ltd [2021] UKSC 29 for Lexis Nexis. This case is significant for those who draft commercial contracts (particularly construction and technology contracts) in which parties include provisions to quantify damages in advance, or to cap their liabilities. It is also significant for commercial litigators, since it explains when and how such...

Max Schofield takes a closer look at VAT repayments and trusts for the British Tax Review

30th June 2021

3PB’s specialist tax and commercial law barrister Max Schofield (pictured here) has analysed the case of Deluxe Property Holdings Ltd v SCL Construction Ltd for the British Tax Review. This detailed case analysis is a must-read for legal professionals specialising in business law as it addresses the trusts law treatment of overpaid VAT, repaid by HMRC under section 80 and 80A – especially repayments with reimbursement arrangements and Quistclose trusts. Read the full case analysis...

Jakob Reckhenrich joins 3PB’s Commercial and Property & Estates teams

29th June 2021

Barrister Jakob Reckhenrich, a multiple-scholarship award winner and Oxford and Brown Universities alumnus, has joined 3PB to advise on commercial, real estate and property disputes. He joins 3PB, initially as a third six pupil, after completing his pupillage at Monckton Chambers and working as a judicial assistant in the Commercial Court, where he assisted, among others, Mrs Justice Cockerill and Mr Justice Butcher. Jakob Reckhenrich came to the Bar after working as an academic philosopher...

Seb Oram determines the meaning of a judicial order or injunction in commercial disputes

21st June 2021

3PB’s specialist commercial and construction barrister Seb Oram (pictured here) has analysed the Court of Appeal case of SDI Retail Services Ltd v The Rangers Football Club Ltd for Lexis Nexis. In this Court of Appeal matter, The Rangers Football Club Ltd entered into an agreement with another sporting company (Elite) which was in breach of the matching right. SDI Retail Services Ltd then brought proceedings in the Commercial Court for an injunction preventing the...

Seb Oram analyses good faith and ‘the spirit of agreement’ in commercial contracts

24th March 2021

3PB's specialist commercial and construction law barrister Seb Oram (pictured here) has reviewed the case of Westfields Homes Ltd v Keay Homes (Windrush). The case involved a potential breach of commercial, land-development contract and serves as a must-read for all commercial lawyers and litigators alike. In this case, the Court held that where the contract prescribed no basis for determining the meaning of clauses of good faith or ‘the spirit of the agreement’, it would...

Top arbitrator and litigator David Parratt KC joins 3PB

29th January 2021

3PB Head of Chambers David Berkley KC is delighted to announce that barrister and former Advocate David Parratt KC (call: 1999/Silk: 2017) has joined full-time from Arnot Manderson Chambers in Scotland, having previously been a door tenant with the national chambers. David (pictured here) is a leading counsel for international and UK arbitrations and also has experience acting as arbitrator. He is renowned for his work in commercial, construction, engineering and energy disputes. He has...