3PB Barristers

3PB's Chief Executive Simon Astill is one of the keynote speakers this coming Friday 15 November 2024 at Dubai's Hyatt Regency in the UAE. Speaking on "Cross-border commercial contracts: strategic approaches to dispute resolution clauses and international enforcement," Simon is one of four speakers at this legal and business conference organised by the Dubai Chapter of the ICAI (Institute of Chartered Accountants of India). He joins Syed Mujtaba Hussain, the founder and Managing Partner of Emirates Legal and Anthony O'Sullivan, Ernst & Young's Managing Partner in the UAE, alongside T N Manoharan, chairman of IDBI Bank. The ICAI (Dubai) Chapter, established in 1982, is the largest, most active and award-winning chapter among the 33 overseas chapters of ICAI. With over 5,000 members, the group has seen a phenomenal growth recently and boasts a membership of accountants working at more than 1,550 multinational and other businesses in the UAE. Simon is also attending Dubai Arbitration Week from Sunday 10 November 2024 until Friday 15 November 2024 - alongside international construction and commercial arbitrators and their specialist practice managers from 3PB. If you wish to contact Simon - or if you'd like to try to see him over the week - please email simon.astill@3pb.co.uk or call him on his UK cell phone 07802 157692.

3PB has very sadly reported today that construction and engineering barrister Rowan Planterose passed away last week after six months' illness. An exceptional barrister, he will be remembered for his dedication to his clients and to 3PB in equal measure. 3PB’s Head of Construction and Engineering Group, Peter Collie, said: “Rowan was a highly valued member of our Chambers, and our London office, and was greatly respected by the barristers in our team and beyond. He made an immense contribution to the life and work of Chambers and his untimely death will be a real loss to 3PB. Our thoughts and prayers are with Julia and his family, as well as his many friends, at this exceptionally difficult time." Rowan Planterose - who read law at Downing College, Cambridge - had over 45 years experience as a barrister and more than 20 years as a solicitor. He joined 3PB after a long career with DAC Beachcroft and one of its predecessor firms' Davies Arnold Cooper (DAC). Rowan sat as an arbitrator and adjudicator, mediator, expert or dispute board member. Much of his work came from his panel appointments by RICS, TeCSA, RIBA and party and chair appointments on LCIA and ICC arbitrations. He was particularly known for international arbitration work which included Investment Treaty arbitration and he was highly rated by Legal 500 as an expert in this field. Rowan was also the co-author of "The Arbitration Act 1996: A Commentary" which is a leading textbook on the 1996 Arbitration Act and authored the adjudication section of Bernstein's Handbook of Dispute Resolution. A former President of the Society of Construction Arbitrators, Rowan also taught Arbitration Law for both the Chartered Institute of Arbitrators (where he was their exam board chief) and the Royal Institution of Chartered Surveyors as well as being an honorary member and regular speaker at ARBRIX (which represents members of the RICS President’s panels of arbitrators and adjudicators). Outside of this busy work life, Rowan's loves were his family and spending time on his hobbies of model railways and steam trains. Details of his funeral will be given once these are available from his family.

The 3PB family law team welcomes you to our next family law brunch webinar on Thursday 28 November at 11am for one hour. Our webinar will be hosted by 3PB barristers Esther Lieu and Harriet Lavis. - Harriet Lavis will consider ‘Recent relocation caselaw: Can I stay or can I go?' - Esther Lieu will present ‘Financial Remedies case law update: sharpening the tips and avoiding the trips' We would be delighted to see you on Zoom. Please register below so that we know we have enough Zoom spaces available. #FamilyLaw #Relocation #FinancialRemedies #FamilyLawyer https://lnkd.in/eMQifapj

Register now to attend 3PB's Education Law Conference 2025! The full-day event will include a variety of presentations from 3PB’s specialist education law barristers: Head of 3PB's Education Law group Charlotte Hadfield, Katherine Anderson, Ben Amunwa, Alice de Coverley, Jim Hirschmann, Olivia McGonigle and Rosa Thomas. We will be joined on the day by our sponsors Simply Social Work and Boyes Turner. Presentations will cover topics of interest to private practitioners, local authorities, and schools, including: • Deprivation of liberty safeguards and unlawful detention in education • Tackling Sexism in Schools • Litigating systemic challenges: law, practice and procedure • Academic freedom of speech • The impact of the safety valve scheme • Case Law Update To learn more and purchase tickets, please click here: https://lnkd.in/ee8vYhcE Early Bird tickets are available until Monday 25 November. By purchasing three tickets, you'll receive one free space at the conference.

3PB is excited to welcome Robin Pickard to its employment and discrimination team. Employment and discrimination law specialist, Robin Pickard, pictured here, has become a member of chambers and will work from 3PB’s London office. Robin has a busy practice and regularly appears for claimants and respondents in preliminary and final merits hearings (including open preliminary hearings, e.g., in relation to disability status). Robin’s recent highlights include a successful appeal before the President of the EAT (in Ballerino v The Racecourse Association Ltd [2024] EAT 98) and securing an award of close to £70,000 in an unfair dismissal claim. During his pupillage, Robin advised senior executives and other regulated professionals in high-value employment litigation involving discrimination, whistleblowing and misconduct in the workplace. His in-house experience developed his tactical awareness and ability to deal with procedural matters, including whether correspondence is covered by differing forms of legal privilege and making successful applications for specific disclosure (including for pay information in an equal pay complaint). Robin prides himself on his strategic approach and his ability to integrate into legal teams and put his clients at ease. Robin can also be instructed through the Direct Access Scheme and is happy to discuss potential cases with clients without obligation. To contact Robin, please email robin.pickard@3pb.co.uk or to instruct him - please contact Matthew Scanlan via email @matthew.scanlan@3pb.co.uk or telephone 020 7583 8055.

Eight of 3PB barristers and staff from our international construction and commercial litigation teams are delighted to be attending the upcoming Dubai Arbitration Week! Attending the week are David Berkley KC, Dr. David R. Parratt KC FCIArb, the Rt Hon Michael Tomlinson KC, Head of 3PB's Commercial Group Patrick Heneghan and Dr Zhen Ye. If you are attending the week and would like to arrange a meeting, please contact Simon Astill, Joe Townsend and Matthew Scanlan, who will also be there. For more information on Dubai Arbitration Week, please click here:https://lnkd.in/gcNy2xAt

The Employment Tribunal has dismissed a claim against a local authority brought by an 'as and when' or 'sessional' social worker. The respondent, Harrow Council, hired the claimant on a casual basis and worked on a variety of projects over a period of 11 years for the youth justice team. The respondent accepted that the claimant was a 'worker' but denied that he had become an 'employee', entitled to bring a claim for constructive dismissal following a reduction in his available hours of work. Following a 3-day hearing on the issue of employment status, involving 7 witnesses, Judge King's reserved judgment concluded that despite the longevity of the working arrangement, the claimant was not an 'employee' as defined by s.230(1) of the Employment Rights Act 1996. In summary, although the claimant's working arrangement was broader than the description in the respondent's casual workers policy, both parties viewed the claimant as a sessional worker and this reflected the reality of his position (§§20, 69, 73-74, 76-77 & 91). The claimant's freedom to negotiate over wages and arrangements for holiday and sick pay were indicative of worker status but not employee status (§§81-82). There was a lack of 'mutuality of obligation', demonstrate by fluctuations in the claimant's working hours and pay, coupled with a lack of control over the claimant’s work, further undermining the case for employee status (§§67, 70, 81-83 & 99). In light of the pitfalls faced by employers in this area, the judgment illustrates some of the factors Tribunals are likely to consider relevant when determining employment status of sessional social workers hired by local authorities. 3PB Barristers' (3 Paper Buildings) Ben Amunwa specialising in education, employment and public law was instructed to represent Harrow Council by HB Public Law. This is the second such case Ben has acted in recent years. In the first case, Ben defended a maintained school against a high value claim brought by a visiting teacher for over two decades' worth of alleged arrears of wages and holiday pay from 1998 to 2020, raising complex issues of employment status and the extent to which the losses claimed were constrained by statutory provisions on teachers’ pay. To instruct Ben, or check his availability, please contact his clerks Dave Fielder on david.fielder@3pb.co.uk or Gemma Faulkner on gemma.faulkner@3pb.co.uk or call either of them on 020 7583 8055.

Amy Beddis, family barrister at 3PB, writes for the Financial Remedies Journal. See full details below.

We are delighted to announce that the King has appointed 3PB’s criminal barrister Daniel Sawyer (pictured here) to be a Circuit Judge with effect from Monday 4 November. Daniel has been deployed to the Western Circuit and will be based at Portsmouth Crown Court. Called to the Bar in 2001, Daniel Sawyer has been a Recorder for the last four years. With over 20 years’ experience at the Bar, Daniel is a barrister who was instructed in the full range of criminal cases, including murder, violence, drug supply, sexual offences and multi-handed conspiracies, military cases as well as causing death by dangerous or careless driving. Daniel has extensive experience in dealing with expert witnesses and technical points of evidence and trained expert and professional witnesses, including police drugs experts, communications data analysts and medics. Read the formal confirmation of His Honour Judge Daniel Sawyer's appointment from the Courts and Tribunals Judiciary here: https://lnkd.in/eZXgAzNP

Witch of you is yet to fill out Ridgemont 's Adjudication Survey? On All Hallows' Eve, of all days, 3PB wanted to support our friends at Ridgemont who are dead-icated to gathering a significant number of survey responses before proposing changes to the process of Adjudication, 30 years' since Sir Michael Latham's report. So for any of you with experience of adjudications, we would really appreciate you spending two minutes of your time to complete the survey here: https://lnkd.in/eSUisD-s To everyone, we wish you a very Happy Halloween.    #constructionlaw #adjudication #happyhalloween