To order or not to order compulsory ADR: there is no question
Specialist commercial law barristers David Parratt QC and Rebecca Farrell review the Civil Justice Council’s Report, ‘Compulsory ADR’.
Rebecca Farrell
Year of Call: 2016
Email Address: rebecca.farrell@3pb.co.uk
Telephone: 020 7583 8055
Commercial
Rebecca Farrell is a junior member of 3PB’s Commercial team and has a busy practice advising on insolvency, breach of trust, general commercial litigation and contractual disputes, company law, partnership disputes and financial services litigation including consumer credit regulations.
Insolvency
Rebecca regularly advises and acts for petitioners; insolvency practitioners; supporting creditors and debtors on matters concerning personal and corporate insolvency. She is frequently instructed to appear on bankruptcy petitions, winding-up petitions and other applications in both the High Court and County Court. ‘Other applications’ include applications to set aside statutory demands; applications concerning transactions at an undervalue and preferences and third-party applications generally.
Rebecca has also acted on matters concerning Company Voluntary Arrangements (CVA’s) and administrations including the appointment of an interim manager. Rebecca has some experience of disputes which have a dimension outside of this jurisdiction and associated challenges to the court’s jurisdiction.
Alongside other members of the Commercial Team during the Pandemic, Rebecca published news items and delivered a webinar on updates to insolvency law and practice in light of Covid-19. This included coverage of the Corporate Insolvency and Governance Act 2020.
Examples of recent work includes:
- Jackson v Ayles [2021] EWHC 995 (Ch) - Successfully supported a trustee’s application for a declaration that the first legal charge over the bankrupt’s matrimonial home was unenforceable in accordance with Section 26 of the Financial Services and Markets Act 2000 (“FSMA 2000”). The application was heard over the course of two days and Chief ICC Judge Briggs’ decision provides useful analysis concerning Section 19 FSMA 2000 (was the loan advanced ‘by way of business’) and Section 28 FSMA 2000 (was it just and equitable to enforce the loan in the circumstances, having regard to whether the person who is carrying on the regulated activity reasonably believed that he was not contravening the general prohibition).
- Obtained permission from the High Court to appeal a bankruptcy order on the basis that the Debtor’s Centre of Main Interest (“COMI”) was not within Europe. Also acted on other petitions where the court’s jurisdiction has been challenged based on COMI.
- Successfully acted for a Petitioning Creditor in relation to a multi-million-pound bankruptcy petition.
- Successfully obtained urgent injunctive relief to restrain presentation of winding-up petitions in the High Court.
- Assisted leading counsel in relation to an application to stay a liquidation and compel the removal of liquidators.
- Successfully obtained various orders for examination and delivery up of documentation.
Breach of trust litigation
Rebecca has experience of dealing with high value breach of trust claims in both domestic and business contexts. She also offers expertise in seeking associated relief, for example orders for an account and inquiry and tracing. She recently worked with leading counsel on an application for a worldwide freezing order in a claim concerning breach of duty and deceit/civil fraud.
Rebecca has also dealt with a number of enforcement matters such as obtaining charging orders and orders for sale. She has obtained good results where the beneficial ownership of charged assets haves become contentious.
Commercial litigation and contractual disputes
Prior to qualifying as a Barrister, Rebecca worked as a paralegal in an international law firm on a reinsurance matter, where she developed a strong grounding in commercial disputes. Subsequently Rebecca worked as a Legal Editor at FromCounsel, a publishing company that provides an excellent online resource for corporate lawyers.
Rebecca acts for a range of clients including national and international companies; education organisations; law firms and individuals.
Recent matters include:
- Obtained a successful outcome in a three-day trial concerning a disputed commercial agreement and purported breaches of obligations owed.
- Assisted with a royalties dispute involving a high-profile band.
- Assisted with a complex shipping dispute involving the carriage of goods.
- Assisted with an advice on an appeal against an arbitral body appointed by a commodities association.
Company law
Rebecca has a specific interest in this practice area, often dealing with the practical effect corporate structures and/or bodies have on obtaining legal redress in other areas. Examples of recent work includes:
- Successfully defended a breach of contract and misrepresentation claim arising from and in connection with an allotment of shares purchased in a Single Enterprise Investment Scheme (“SEIS”) qualifying company.
- Advised on the enforceability of restrictive covenants within the context of a shareholder agreement.
- Acted on a number of company matters including unfair prejudice petitions; company restorations; the reuse of company names; the rectification of the register; and partnership disputes.
- Assisted with a restitution claim under FSMA 2000.
- Assisted with a directors’ disqualification matter in the High Court: see The Official Receiver v Brett Jolly [2017] (Companies Court) .
- Advised on the lawfulness of membership termination and changes to the constitution of an unincorporated association.
Financial Services
Rebecca has experience of disputes concerning the regulation of financial services and the conduct of investors. She was recently instructed to settle grounds of appeal to the Court of Appeal in a dispute concerning consumer credit regulation and a procedural issue connected with the dispute.
Examples of recent work includes:
Jackson v Ayles [2021] EWHC 995 (Ch)
Successfully supported a trustee’s application for a declaration that the first legal charge over the bankrupt’s matrimonial home was unenforceable in accordance with Section 26 of the Financial Services and Markets Act 2000 (“FSMA 2000”). The application was heard over the course of two days and Chief ICC Judge Briggs’ decision provides useful analysis concerning Section 19 FSMA 2000 (was the loan advanced ‘by way of business’) and Section 28 FSMA 2000 (was it just and equitable to enforce the loan in the circumstances, having regard to whether the person who is carrying on the regulated activity reasonably believed that he was not contravening the general prohibition).
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Articles -
To order or not to order compulsory ADR: there is no question
22nd Jul 2021View Article -
No duty to exercise option reasonably or in good faith in engine maintenance agreement
24th Jul 2020View ArticleNo duty to exercise option reasonably or in good faith in engine maintenance agreement
Rebecca Farrell analyses Cathay Pacific Airways Ltd v Lufthansa Technik AG, in which the High Court found that there was no duty of good faith or duty to act reasonably in respect of an option to withdraw engines from a maintenance agreement.
This article was first published by Lexis®PSL on 21 July 2020.
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Pandemic Petitions: Winding up under the Corporate Insolvency and Governance Act 2020 and the associated Practice Direction
10th Jul 2020View ArticleFollowing 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.
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The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences
8th Jun 2020View Article3PB’s specialist commercial law barristers David Parratt QC and Rebecca Farrell review the cost consequences for lawyers and their clients of a refusal to engage in ADR.
The article includes a recent case law review which demonstrates a particular trend whereby Courts will examine closely the actions of the parties in relation to offers of ADR as to whether they are ‘reasonable’ or not. Even the failure to respond to a Part 36 Offer alongside an offer to mediate, can of itself potentially signify an unreasonable refusal to engage with ADR.
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Daniel Brown and Rebecca Farrell review court decision on Carluccio’s administration
23rd Apr 2020View ArticleFollowing the recent decision of Re Debenhams Retail Ltd (In Administration) [2020] EWHC 921 (Ch) which applied Re Carluccio’s Limited [2020] EWHC 886 (Ch), 3PB’s specialist Employment and Commercial Barristers Daniel Brown and Rebecca Farrell join forces to review the Carluccio’s decision.
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Substituted service of a bankruptcy petition not available retrospectively
14th Mar 2019View ArticleCommercial update: Substituted service of bankruptcy petitions
The High Court has ruled that permission to serve a bankruptcy petition by a substituted means cannot be given retrospectively. Rebecca Farrell analyses the decision Ardawa v. Uppal and Jordan [2019] EWHC 456 (Ch) and considers how it changes the law.
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Recommendations "I am a Solicitor and have so been since 1974-and once appeared in many criminal and civil cases. Just to say that Rebecca (whom I had never known of or met) was first class in her dealings with the Court witnesses and conducting the case. Hopefully she will go far”
Client"I am writing to thank you for representing me yesterday. As you know following the mix up on my last court date I was quite anxious about yesterday's hearing. As soon as we met, you immediately put me at ease and it was clearly obvious that you had given a lot of time in familiarising yourself with my case. This proved to benefit us both. I was impressed by your professionalism and knowledge in the court room that led to a positive outcome. I have let [X firm] know how good you are and that they should be confident in you representing their clients in the future.”
Client
Academic qualifications
- Law (LLB), The University of Durham: First Class Honours
- BPTC, The University of Law: Very Competent
Scholarships
- Exhibition Award – Inner Temple
- Advocacy Scholarship – The University of Law
- Quarter-finalist at the National Rounds of the Phillip C. Jessup International Law Moot Court Competition 2014
Professional bodies
- Chancery Bar Association
- Property Bar Association (associate member)
- London Common Law & Commercial Bar Association
- International Women's Insolvency & Restructuring Confederation (IWIRC)
Direct Access
Rebecca Farrell is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.
More InformationRelated Articles
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3PB’s specialist commercial law barristers David Parratt QC (pictured right) and Rebecca Farrell (pictured left) have reviewed a recent report published by the Civil Justice Council entitled ‘Compulsory ADR (“the Report”). The Report has generated much interest since the authors of the Report consider ‘any form of ADR which is not disproportionately onerous and does not foreclose the parties’ effective access to the court will be compatible with the parties’ Article 6 rights’. This is...
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Rebecca Farrell analyses Cathay Pacific Airways Ltd v Lufthansa Technik AG, in which the High Court found that there was no duty of good faith or duty to act reasonably in respect of an option to withdraw engines from a maintenance agreement. The judgment provides a helpful discussion of the case law concerning the principles of contractual interpretation and implied terms. It also serves as a reminder to practitioners that evidence of statements made in...
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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. In this article, they outline the key practical considerations for solicitors dealing with corporate insolvency during this time and how those considerations might impact the winding up of companies. Within the article some comment is made of the new Moratorium process and...
Continue reading -
3PB’s specialist commercial law barristers David Parratt QC and Rebecca Farrell review the cost consequences of a clients unreasonable refusal to engage in ADR. The article includes a recent case law review which demonstrates a particular trend whereby Courts will examine closely the actions of the parties in relation to offers of ADR as to whether they are ‘reasonable’ or not. Even the failure to respond to a Part 36 Offer alongside an offer to...
Continue reading
