Following the introduction of the Corporate Governance and Insolvency Act 2020 (“the CIGA 2020”) and the associated Insolvency Practice Direction, 3PB’s specialist commercial law barristers Charles Irvine and Rebecca Farrell consider winding up petitions in this context.
Charles is an experienced commercial litigator, specialising in disputes involving contractual and shareholder disputes, as well as company, partnership and LLP law and claims against professionals.
Charles’ broad litigation practice covers most areas of the law normally litigated in the Queen's Bench and Chancery Division, including:
- Company litigation
- Corporate and individual insolvency
- Breach of contract
Charles advises companies, directors, shareholders, the buyers and sellers of business in all commercial transactions in respect of:
- Directors’ duties;
- Partnership agreements;
- Preparing standard terms and conditions;
- Exclusivity agreements;
- Franchise agreements.
Recent and reported cases:
In the matter of Sinton European Logistics Ltd (2019)  2 WLUK 327
Charles successfully represented the liquidator of Sinton European Logistics in a claim brought against the former director of the company that had gone into creditors' voluntary liquidation. The director was liable to pay £20,360 to the liquidator in respect of various payments made, before the company had gone into liquidation, in breach of his fiduciary duty as director. (LTL 22/2/2019 EXTEMPORE :  2 WLUK 327)
Bayerische Motoren Werke AG v Technosport London Ltd & Agyeton  EWHC 797 (IPEC)
High Court trial concerning passing off and trade mark infringement of the BMW word mark and roundel logo.
Doctor Associates Inc v Hussain  EWHC 3384 (IPEC)
High Court application to set aside default judgment on terms in a passing off case.
GHML v Maroo 
Led by David Berkley QC of 3PB for permission to appeal to the Court of Appeal on the fiduciary duties owed by directors.
Advising a large group of companies on their standard terms and conditions and updating the same in light of the Consumer Rights Act 2015.
Banking and Finance
Charles advises on and appears for SMEs on a significant number of interest rate hedging product (IRHP) mis-selling cases, with David Berkley QC of 3PB, raising Financial Services and Markets Act 2000 breaches and raising limitation and Suremine issues.
Regularly instructed on behalf of lenders in a range of contractual and enforcement of security proceedings.
Junior counsel to David Berkley QC of 3PB in a SME mis-selling claim against a large banking group, which settled and was reported in the Sunday Times (2 August 2015).
Pandemic Petitions: Winding up under the Corporate Insolvency and Governance Act 2020 and the associated Practice Direction10th Jul 2020
3PB reviews new changes to the execution of legal documents during COVID-1919th May 2020
Lydia Pemberton, deputy head of 3PB’s Property and Estate team, and Charles Irvine, a member of 3PB’s Property and Estates team and Commercial team, have reviewed the new changes to the execution of documents brought about shortly before and since the COVID-19 pandemic and lockdown.
New ways of working have meant a rise in technology and electronic communications which brings new formalities when it comes to dealing with the execution of legal documents. In this article, Lydia and Charles assess the current rules on formalities of deeds and documents and give their detailed response to these frequently asked questions from private client and property solicitors:
• What constitutes signature?
• What amounts to attesting?
• What happens if a deed fails to meet the formality requirements?
• What about formalities for notices and section 44 of the Companies Act 2006?
• What is HM Land Registry’s response to the COVID-19 lockdown?
• What are the formalities for wills?
Privilege under investigation13th Jun 2017
Privilege under investigation: a commercial update by Charles Irvine. 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  EWHC 1017 (QB), its impact on its impact for civil litigation.
‘His grasp of the issues and his knowledge of the law are second-to-none.’
Legal 500 2021/Property and construction - South Eastern - Tier 1
‘Turns matters round quickly, is very good value for money and is at the end of the phone to discuss technical queries when the need arises.’
"Charles Irvine at 3PB is adept at handling insolvency matters, particularly with respect to individual bankruptcies and corporate liquidations, including ones involving disputes between company directors."
Legal 500 2021/Company and insolvency - South Eastern - Tier 1
• 2009 - 2010: Bar Vocational Course, City Law School, Graded "Outstanding" (ranking well within the top 20 students that year).
• 2008 - 2009: Graduate Diploma in Law (CPE), City University.
• 2005 - 2008: BA (Hons), University of London (Royal Holloway).
- 2009: Gray's Inn Scholarship to study for the Bar Vocational Course.
- 2008: Society Crest Award for outstanding contribution to the University of London.
- 2005: Bedford Entrance Scholarship to read English at University of London (Royal Holloway).
- Awarded a scholarship to read English at the University of London.
Charles Irvine is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information