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.View Article
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.View Article
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.View Article
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:View Article
• 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?
Commercial update: fiduciary duties between shareholders of a quasi-partnership company
Do shareholders in a family or quasi-partnership company, owe each other fiduciary duties?View Article
Seb Oram analyses the recent decision of the Chancery Division in De Sena v. Notaro  EWHC 1031 (Ch) for LexisPSL’s Case Analysis Expert Panel. This article was first published by Lexis®PSL on 11/05/2020.
3PB specialist Civil barrister Richard Wheeler has produced an article on how to get the Court to hear your case during the Coronavirus pandemic.
The article “Getting the Court to Hear Your Case During the Pandemic” provides an insight into county court civil listing during the pandemic which may assist litigants to retain their current court listings. It provides answers to the following questions:
• What does the court’s triage process involve?View Article
• What considerations might the court have in mind during triage?
• Why was my case adjourned when it was suitable for remote hearing?
• What practical issues do judges face during a remote hearing?
• What can litigants do to help ensure a case remains listed and is effective as a remote hearing?
3PB’s pupil barrister Mariya Peykova reviews the legal position in relation to holidaymaker claims during the Coronavirus pandemic.
Recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Mariya highlights the options available if holiday plans have been disrupted because of Covid-19, including package holidays, cancelled flights, accommodation and or other travel arrangements, insurance claims, and consumer credit rights.View Article
Two of 3PB’s specialist commercial litigation barristers, David Berkley QC, 3PB’s Head of Chambers and Neil Fawcett have reviewed business insurance claims arising from the current Coronavirus pandemic. Their review points out that some insurance companies deliberately sought to exclude respiratory diseases from their policy following the outbreak of SARS in 2003; and recommends that businesses should conduct a detailed examination of their business interruption policy wording.View Article
Following the recent decision of Re Debenhams Retail Ltd (In Administration)  EWHC 921 (Ch) which applied Re Carluccio’s Limited  EWHC 886 (Ch), 3PB’s specialist Employment and Commercial Barristers Daniel Brown and Rebecca Farrell join forces to review the Carluccio’s decision.View Article
3PB's specialist Commercial and Property law Barrister Thomas Talbot-Ponsonby has produced an article on Residential Landlord and Tenant Tax during the Coronavirus pandemic.View Article
3PB’s tax and commercial litigation barrister Max Schofield has issued a briefing, in tandem with employment barrister Daniel Barnett from Outer Temple Chambers, aimed at UK employers who face difficulties with their Coronavirus Job Retention Scheme payments from HRMC.View Article
Mariya Peykova authors this practical guide for businesses and insolvency practitioners and looks at the proposed and existing measures introduced by the government to help businesses during the coronavirus crisis.View Article