Commercial News

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. To read the full...

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. The article also reviews size of claims, how...

3PB’s pupil barristers Mariya Peykova, Georgina Dietrich (editor) and Gemma Ralph are authors of a new newsletter, ‘’Publications during the Pandemic’’. The newsletter has introductions from David Berkley QC, 3PB’s Head of Chambers, and Cheryl Jones, Head of Pupillage at 3PB. The newsletter focuses on the Coronavirus Act 2020 and highlights updates in the areas of Clinical Negligence, Construction, Competition and Insolvency law with focus on the regulations and laws during this unprecedented time. The...

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. Daniel Brown and Rebecca Farrell provide an analysis of this decision which serves to provide guidance to joint administrators who wished to retain employees under the Coronavirus Job Retention Scheme but only if...

3PB's Indirect Tax barrister Max Schofield is conducting a complimentary Webinar in conjunction with London Tax Society on recent VAT cases and Tribunal developments arising out of the COVID-19 pandemic. The webinar at 6.00pm on 28 April 2020 is aimed at those with up to 10-years PQE. Click here to sign up.

3PB’s specialist Commercial and Property Law Barrister Thomas Talbot-Ponsonby has issued an update on tax for both residential Landlords and Tenants. The article finds that the Coronavirus outbreak has come at difficult time for landlords due to the previous changes that will come into full effect on 6 April 2020. The current changes have been phased over the last three tax years, 25% at a time however on top of the new laws introduced by...

3PB barrister Cheryl Jones writes about wrongful trading and provides an update on what's changing in the light of the current COVID-19 pandemic. Read the full article here - 'Suspension of wrongful trading provisions' by Cheryl Jones. What is wrongful trading and what are its consequences? Wrongful trading takes place when one or more Directors knows or ought to have known that the Company had no reasonable prospect of avoiding going into administration or insolvent...

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 HMRC. The briefing comments that, whilst “everyone appreciates that the Scheme is being introduced in difficult and time-pressured circumstances… various iterations of the Guidance were released by HMRC before they even had any legal power to administer the...

Mariya Peykova, a pupil barrister at 3PB, 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. The guide also looks at the key provisions of the Temporary Insolvency Practice Direction (“TIPD”), introduced in April 2020. It outlines the impact of the new provisions and measures on the listing of hearings, including remote hearings, and offers businesses...

UK competition law enforcement is expected to undergo drastic changes due to the implications of Brexit. The transition period started running when the UK exited the EU on 31 January 2020 and is currently scheduled to end on 31 December 2020. EU treaties, free movement rights and EU law principles, including competition rules, continue to apply in the UK until the end of the transition period.

3PB Barristers' Property & Estates team has issued a new guide, authored by 3PB property barristers Charles Irvine and Rebecca Farrell, on the rights of commercial landlords and their tenants, both prior to the 2020 Act and now and offer practical solutions in these very challenging times for retailers and the commercial property sector. In particular, the guide deals with the existing position for commercial landlords and their tenants, such as the rights of re-entry...

3PB has issued an urgent briefing to its insolvency clients and contacts about a new Temporary Insolvency Practice Direction (TIPD) which has been introduced to provide sensible solutions for court users during the current COVID-19 pandemic. This means continued absence of court appearances in person.