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 is Deputy Head of 3PB’s Commercial team and has a busy practice advising on insolvency and company matters including partnership and shareholder disputes, financial services litigation and general commercial disputes.
Rebecca regularly advises and acts for insolvency practitioners; creditors and debtors on matters concerning personal and corporate insolvency law. She is often instructed to appear on bankruptcy petitions, winding-up petitions and other substantive applications in both the High Court and County Court. ‘Other applications’ include:
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:
Rebecca acts and advises on matters which arise in the lifecycle of a business including:
Examples of recent work includes:
Prior to qualifying as a Barrister, Rebecca worked as a paralegal in an international law firm on a reinsurance matter. Subsequently Rebecca worked as a Legal Editor at FromCounsel, a publishing company that provides an excellent online resource for corporate lawyers.
Rebecca has acted for a range of clients including national and international companies; lenders; education organisations; a European Institution; law firms; and individuals on a range of commercial issues including:
Recent matters include:
Rebecca has experience of disputes concerning the regulation of financial services and the conduct of investors. She has previously been 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).
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’.
No 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.
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.
3PB’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.
Following 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.
Commercial 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.
‘Rebecca is extremely diligent. Her preparation for each matter is thorough and focussed, and she applies the same discipline and dedication to low-value, fast-track matters through to complex, high-value claims. She has the ability to get on top of difficult issues quickly.’
Legal 500 2024/Commercial Litigation/ South Eastern Circuit/ Rising Stars
‘Rebecca consistently provides the necessary mix of technical excellence. Her advocacy is robust and thoughtful and has a reliable ability to persuade judges to the logic of her arguments.’
Legal 500 2024/Company and Insolvency/ South Eastern Circuit/ Rising Stars
"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
“Counsel was nothing short of fantastic, Rebecca had a very good handle on the numbers and the file in general she was impressive and did her utmost”
Client