Comprehensive Covid-19 Resources Collection by 3PB Barristers
Since February 2020, 3PB have been answering many queries from solicitors and business clients direct on issues ranging from employment policies and redundancy programmes, force majeure in supply chain contracts, business interruption insurance and other cover, delay/termination issues in contracts, funding and regulatory challenges. Significantly, the UK Government Furlough scheme to help retain employees during the pandemic has attracted significant attention to its application and payment process with legal challenges including internal appeals of furlough decisions, HMRC furlough appeals and alleged fraud and discrimination in furlough decisions. There has also been enquiries to our specialist counsel about commercial property leases and forfeiture; the lockdown of schools, including the impact on private schools; local authorities and Coronavirus laws and regulations; probate during Covid-19; wrongful trading; rights to protest during lockdown and disputes over frustration of contract as well as holidaymaker disputes and cruise ship claims during this period.
As a solicitor or in-house senior management professional and requiring counsel’s opinion and advice on these legal issues, please either contact your usual 3PB clerk contact, or email email@example.com, and your query will be directed by a 3PB clerk to the relevant barrister.
The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have co-ordinated across our own full-service barristers’ chambers and six UK offices to ensure that we centralise our know-how and are sharing insights with our clients.
This website page contains all our recent articles, briefings and webinar recordings about lockdown laws and regulations as well as practical issues like court attendance and hybrid hearings.
Jump to a section
- Commercial Litigation and Insolvency
- Courts/ Remote hearings/ E-bundles
- Human Rights
- Personal Injury
- Property and Construction
- Public and Regulatory
- Pupil barristers briefings
Tips for remote hearings
Luke AshbyLuke AshbyCall: 2007 offers practical guidance on making remote hearings both effective and fair, their challenges and how to overcome them.
Richard WheelerRichard WheelerCall: 2004 provides an insight into County Court civil listing’s during the pandemic, advising litigants how to retain their current listings.
Steven HowardSteven HowardCall: 2009 has put together a series of videos designed to help solicitors to easily create e-bundles that will be effective and easy to use.
Luke NelsonLuke NelsonCall: 2017 has created a checklist for case management for remote hearings, incl. corralling witnesses, and ‘court corridor negotiations’.
After the review of HMCTS video hearing’s, Gareth GrahamGareth GrahamCall: 2006 looks at 3PB’s experience of video hearings in the First-tier Tribunal (Tax Chamber).
Gareth GrahamGareth GrahamCall: 2006 reviews the guidance for judges on conduct of remote hearings by The Judicial College Equal Treatment Bench Book.
Grace BoorerGrace BoorerCall: 2016 shares tips to assist in preparing for upcoming CVP hearings.
3PB’s virtual hearing’s technology allows solicitors to have entire hearings via Teams, without the need for Microsoft Teams software.
Sarah BowenSarah BowenCall: 2006 has produced a comprehensive list of the Government guidance and legislation available to employers and employees.
Sarah BowenSarah BowenCall: 2006 explains how COVID-19 is affecting frustration and contracts of employment.
Sarah BowenSarah BowenCall: 2006 reviews equality and discrimination in employment during the COVID-19 pandemic.
Our employment law newsletters provide key resources to help businesses and the public sector manage the employment issues arising from the COVID-19 crisis including guidance and analysis given during our recent successful employment law webinars.
- April 2020 - Equality and discrimination in the coronavirus pandemic, the Job Retention Scheme, furlough and recent case law updates.
- May 2020 - The Job Retention Scheme, contractual variation and discrimination law, new guidance on furlough and case law updates.
- June 2020 - 2nd Treasury Direction, Statutory Sick Pay and annual leave, whistleblowing/Health and Safety, and redundancy changes.
- July 2020 - Using the CVP platform, 'flexible furloughing', and an update on the courts' and tribunals' response to Covid-19.
- August 2020 - Video hearings/Judicial College guidance, Supreme Court employment appeals, furlough and full redundancy pay.
- September 2020 - Coronavirus legal updates, sex discrimination, the ‘material factor test’ in equal pay, and dismissals without procedure.
- October 2020 - Redundancies in the context of covid-19, upcoming changes to employment tribunals, and workplace monitoring in a remote working age.
- November 2020 - Job Retention Scheme extension, injunctions, Public Sector Exit Payments and whistleblowing time limits.
UK Furlough scheme
Sarah BowenSarah BowenCall: 2006 was interviewed by Central TV about the furlough scheme and advice to employers / employees.
Craig LudlowCraig LudlowCall: 2002 highlights the updates to the coronavirus Job Retention Scheme and covers the most common questions about the changes.
Sarah BowenSarah BowenCall: 2006 highlights the facts around returning to work after the coronavirus pandemic. A must read for employers and employees.
Sarah ClarkeSarah ClarkeCall: 2005 answers the most common questions from employers about the furloughing process.
Lachlan WilsonLachlan WilsonCall: 1996 outlines the essential contents of a furlough letter or email and gaining agreement from employees.
Katherine AndersonKatherine AndersonCall: 2005 provides a detailed overview of the furlough scheme and how the current laws on lay-offs and short time working may affect this.
Katherine AndersonKatherine AndersonCall: 2005 reviews the important new furlough case of Fottles v Bourne Leisure.
Craig LudlowCraig LudlowCall: 2002 answers the most common questions around employment contracts and redundancy during the Coronavirus pandemic.
Katherine AndersonKatherine AndersonCall: 2005 examines how the Coronavirus Job Retention Scheme works alongside the existing law’s on lay-offs and short-time working.
Employment Tribunals during the pandemic
Craig LudlowCraig LudlowCall: 2002 reviews the guidance for cases before employment tribunals by the President of the employment courts and tribunals.
Gareth GrahamGareth GrahamCall: 2006 provides an update on the re-opening of employment tribunals shortly after the pandemic began in March 2020.
Joseph EnglandJoseph EnglandCall: 2011 outlines the practical differences and tips to bear in mind, as in-person hearings return at employment tribunals.
Matthew CurtisMatthew CurtisCall: 2006 was in the Court of Appeal in early May 2020, in a landmark hearing which went ahead despite the lockdown.
Mark GreenMark GreenCall: 2006 appeared in one of the first full video only hearing’s before an employment tribunal in England and Wales.
Remote Hearings in Employment Tribunals
After the independent evaluation of HMCTS video hearings, Gareth GrahamGareth GrahamCall: 2006 compares the 3PB’s experience’s with the research's key findings.
Gareth GrahamGareth GrahamCall: 2006 outlines the key findings of the new Judicial College Equal Treatment Bench Book for Judges on the conduct of remote hearing’s.
Grace BoorerGrace BoorerCall: 2016 provides practical tips for using the CVP platform for remote hearing’s.
3PB’s virtual hearing’s technology ensures that solicitors and judges are able to deliver an entire tribunal hearing via Microsoft Teams.
Employment Law Webinars
Available to watch now.
Sarah BowenSarah BowenCall: 2006 delivers a webinar on health & safety issues in the workplace and managing whistleblowing during the covid-19 pandemic.
Recorded Case Law Updates
A review of recent and important employment law cases heard during the 2020 coronavirus lockdown from our 30-strong specialist employment and discrimination law barristers.
Stephen WyethStephen WyethCall: 2010 and Lachlan WilsonLachlan WilsonCall: 1996 talk about the latest rules on furlough, Vaughan v Modality Partnership, and Remote Hearings - Practice Direction and Open Justice.
Commercial litigation and insolvency
Mariya PeykovaMariya PeykovaCall: 2013 provides a practical guide for businesses and insolvency practitioners on government assistance to weather the pandemic.
3PB’s insolvency team advise on the new Temporary Insolvency Practice Direction about remote hearings of insolvency and restructuring cases.
John JessupJohn JessupCall: 2014 predicts that the Supreme Court may push open the door left ajar by the Court of Appeal in Bresco v Lonsdale  EWCA Civ 27.
Cheryl JonesCheryl JonesCall: 1996 writes about wrongful trading and provides an update on the changes as a result of the covid-19 pandemic.
Antonietta GrassoAntonietta GrassoCall: 2004 reviews the alternative solutions available to those whose possession claims have been delayed due to covid-19.
Force Majeure/ Insurance cover
Philip BambagiottiPhilip BambagiottiCall: 2018 opposes the new group-think about ‘force majeure’ as the response to none-performance of contracts because of covid-19.
David Berkley QCDavid Berkley QCCall: 1979Silk: 1999, 3PB’s Head of Chambers and Neil FawcettNeil FawcettCall: 2006 review business interruption insurance claims arising from covid-19.
Neil FawcettNeil FawcettCall: 2006’s briefing on the test case for business interruption insurance claims after the Financial Conduct Authority v Arch Insurance (UK) Ltd.
Other commercial/ litigation issues
Lydia PembertonLydia PembertonCall: 2006 provides useful guidance for probate experts in successfully handling cases and hearing’s during the covid-19 pandemic.
Lydia PembertonLydia PembertonCall: 2006 examines the Amendment Order of The Wills Act 1837 which allows “presence” by means of video-con/ other visual transmissions.
David Parratt QCDavid Parratt QC (Scot)Call: 1999Silk: 2017 and Rebecca FarrellRebecca FarrellCall: 2016 assess the cost consequences of a client’s unreasonable refusal to engage in ADR.
3PB examine the EU and UK regulators’ approach during the pandemic to competition law enforcement in particular competitor-collaboration.
David Berkley QCDavid Berkley QCCall: 1979Silk: 1999, David Parratt QC (Scot)David Parratt QC (Scot)Call: 1999Silk: 2017 and Neil FawcettNeil FawcettCall: 2006 present a webinar on ''Business Interruption Insurance'' and the FCA test case.
If you missed Parts I – VI of our Commercial litigation webinars, we have included our notes below:
Cheryl JonesCheryl JonesCall: 1996, Charles IrvineCharles IrvineCall: 2010 and Rebecca FarrellRebecca FarrellCall: 2016 review the suspension of wrongful trading provisions, restaurant chain Carluccio’s administration and navigating the various updates for insolvency practitioners from the courts.
David Parratt QCDavid Parratt QC (Scot)Call: 1999Silk: 2017 and Richard Owen-Thomas presented a webinar on Force Majeure Clauses and COVID-19. Their notes cover force majeure clauses, anticipation and foreseeability, causation and impact, making a claim and whether covid-19 is a force majeure event.
David Berkley QCDavid Berkley QCCall: 1979Silk: 1999 and Neil FawcettNeil FawcettCall: 2006 hosted a webinar on business interruption insurance claims. Their notes cover business interruption insurance policies, how to make a claim, funding of legal costs, insurers’ tactics in defence and claims against brokers.
Joseph Giret QCJoseph Giret QCCall: 1985Silk: 2010, Alexander WhatleyAlexander WhatleyCall: 2014, Oliver InghamOliver InghamCall: 2015 and Rebecca FarrellRebecca FarrellCall: 2016 hosted a webinar on ‘Lockdown Lessons for Litigators’. Their notes cover latest judgments, implications for litigators and practical tips on how to obtain urgent relief from the courts.
Cheryl JonesCheryl JonesCall: 1996, Charles IrvineCharles IrvineCall: 2010 and Christopher EdwardsChristopher EdwardsCall: 2008 hosted a webinar on executing documents during covid-19. Notes cover the formal requirements for documents (especially property deeds) in the age of virtual meetings and the rise of electronic communications.
David Parratt QCDavid Parratt QC (Scot)Call: 1999Silk: 2017 and Rebecca FarrellRebecca FarrellCall: 2016 hosted a webinar on settlement, ADR and costs. Their notes cover ADR procedure, development of case law and the duties of legal representatives.
Property and Construction
Thomas Talbot-PonsonbyThomas Talbot-PonsonbyCall: 2011 has produced an article on Residential Landlord and Tenant Tax during the coronavirus pandemic.
3PB writes about the practical and legal challenges facing those working in the construction sector during covid-19.
James DavisonJames DavisonCall: 1996, Philip BambagiottiPhilip BambagiottiCall: 2018 and Nick KaplanNick KaplanCall: 2013 look at the latest cladding issues, Grenfell Tower and building design defects.
Public and Regulatory
Charlotte HadfieldCharlotte HadfieldCall: 1999 provides counsel on the new government guidance on vulnerable children and their school place eligibility and risk assessment required.
Matthew WyardMatthew WyardCall: 2014 examines the hidden impact within the Coronavirus Bill for private schools across the UK.
Charlotte HadfieldCharlotte HadfieldCall: 1999 reviews how Special Educational Needs provision may operate if the Coronavirus Bill passes in its current form.
Matthew WyardMatthew WyardCall: 2014 reviews the draft Curriculum and Assessment (Wales) Bill, introduced to the Senedd without prior public consultation.
Legal and practical guidance on GCSE exam results for students and schools (Accurate 20 August 2020)
A-Level results: Key Q&As for Students and Schools (Accurate on 13 August 2020)
Recorded webinar: What next for A-Level Students? (Accurate on 17th August 2020)
Education Law Newsletters
- May 2020 - Our education law barristers explore the impact of covid-19 and recent case law including special educational provision specified in an EHC Plan and reasonable endeavours; the likely approach of the Administrative Court on judicial reviews, a guide to remote hearings; a new authority on school admissions and disability discrimination in schools.
- September 2020 - Our education law barristers cover issues such as the A-Level examination fiasco; upcoming changes to the SEND regulations; key decisions against the Secretary of State for Education; low arousal environments; equality act claims; and Curriculum and Assessment (Wales) Bill.
Jonathon UnderhillJonathan UnderhillCall: 2008 reviews the new enforcement and prosecution powers for Local Authorities and their effect on businesses in their regions.
Health and medical
Matthew WyardMatthew WyardCall: 2014 reviews for drug companies the MHRA’s Market Authorisation approvals process for new medicines launching in the UK.
Sharan SangheraSharan SangheraCall: 2009 analyses the provision of PPE during the coronavirus pandemic.
Criminal law and public law: the new lockdown laws and compliance
Graham Gilbert reviews the concept of “reasonable excuses” and what might be deemed sensible in leaving your house during covid-19.
Nicholas CotterNicholas CotterCall: 1999 appeared as junior counsel in a 58 day murder case, the first criminal trial to be heard in the UK since covid-19 began.
Mariya PeykovaMariya PeykovaCall: 2013 reviews the powers of the police, public health officials and immigration officers and the rights of people infected with covid-19.
Mariya PeykovaMariya PeykovaCall: 2013 reviews citizens rights to protest during the pandemic and the police powers of arrest, stop and search and fines/ penalties.
Mariya PeykovaMariya PeykovaCall: 2013 reviews the use of police tactics to disperse protestors and the fine line between protesting and anti-social behaviour.
Tom WebbTom WebbCall: 2010 attended a personal injury trial, believed to be the first civil trial to be heard in person since lockdown began and provides guidance for lawyers and lay clients on going back to court.
Mariya PeykovaMariya PeykovaCall: 2013 reviews the legal position in relation to holidaymaker claims during the coronavirus pandemic.
Luke AshbyLuke AshbyCall: 2007 provides an update on remote hearings for personal injury cases and making them effective during the pandemic.
Catherine PurdyCatherine PurdyCall: 1997 reviews new protocols for remote hearings and offers practical tips for personal injury cases and witnesses’ participation.
Sharan SangheraSharan SangheraCall: 2009 analyses the provision of PPE for health care workers during the coronavirus pandemic.
Richard WheelerRichard WheelerCall: 2004 provides practical tips to getting your civil or personal injury case to be heard in court during the coronavirus pandemic.
Steven HowardSteven HowardCall: 2009 has put together a series of videos for solicitors to help them to easily create e-bundles for use in and by the family courts.
Luke NelsonLuke NelsonCall: 2017 produces a practical guide to case management during remote hearings.
Alex HodgeAlex HodgeCall: 2009 reviews the fairness of a judicial system in which family law hearings are conducted remotely.
Sarah JenningsSarah JenningsCall: 2009 gives her experience of remote working in Bristol’s busy family courts for Family Law Week.
3PB Barristers has launched a Remote Access FDR (Financial Dispute Resolution) Court Room service for its family solicitors and lay clients.
Rachael GoodallRachael GoodallCall: 2000 highlights the impact of COVID-19 on women at the Bar for Counsel magazine.
Family Law Newsletter - June 2020 - covering divorce in the modern age; arbitration in private law family cases; intervenors and procedure in financial remedy proceedings; the impact of covid-19 on case preparation and on the outcome and timing of cases; whether covid-19 is a Barder event?; the findings of the Private Law Working Group 2, Legal Service Payment Orders and successful appeals in family law.
Family Law Newsletter - September 2020 - covering deferral of capital claims during the pandemic; fairness in remote hearings; childrens’ additional needs in proceedings; the risk of harm in private law children cases; Special Guardianship Orders and the rights of parents with disabilities in care proceedings.
Antonida KocharovaAntonida KocharovaCall: 2015 provides a case law update which covers remote hearings and court of protection cases; the consideration given by the family courts to whether a case is suitable for a remote hearing and the guidance from the Court of Appeal on the factors which are likely to influence decisions on remote hearings; transgender parents; financial remedies; pensions in divorce cases; and parental alienation.
Webinars and Podcasts
Our specialist panel of DDJs and Recorders chaired by Hamish DunlopHamish DunlopCall: 1991, including two QC’s and five junior barristers staged a mock remote interactive FDR using two designed case studies.
Vanessa Meachin QCVanessa Meachin QCCall: 1990Silk: 2018 talks of the advantages and progress of arbitration in family law with guests Suzanne Kingston and Barbara Corbett.
Resources/ briefings from 3PB pupils
Covering protesting during a pandemic; protests vs anti-social behaviour?; inadequate PPE; the government shielding tenants from possession claims; holiday claims and covid-19; regulating social media companies.
This newsletter covers issues of ethics and liability after the BMA guidance on covid-19; the Coronavirus Act 2020 and how it will affect those who fall ill?; challenges for the UK construction industry during the pandemic; insolvency in times of coronavirus; advice on remote hearings and hints and tips for life during lockdown; and UK competition law enforcement during covid-19.
Hosted by 3PB’s Head of Pupillage, Cheryl JonesCheryl JonesCall: 1996, this video gives students the chance to hear from our current and future pupils about applying for pupillage, interviewing, and what it's like during your pupillage at 3PB.
The video covers the life of a barrister and options throughout your career – such as achieving a judicial appointment, becoming an author or taking silk directly from the people who’ve done it.
Please note: the information contained in our legal updates are correct as of the original date of publication or broadcast. If you would like to subscribe to 3PB’s briefings, please click here.
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