Commercial News

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...

3PB’s specialist commercial law barristers David Parratt KC 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...

Joseph Giret QC, the highly respected commercial and chancery litigation expert and biker barrister, has just been awarded a Queen’s Award for services to the Voluntary Sector, which he and fellow volunteer blood delivery bikers  at the charity Blood Bikes SERV OBN have received. This service by emergency bike rider volunteers is part of a nationwide service - provided by unpaid volunteers to help out the NHS with active members like Joseph Giret QC  –...

Lydia Pemberton, deputy head of 3PB’s Property and Estates 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...

Do shareholders in a family or quasi-partnership company, owe each other fiduciary duties? Seb Oram analyses the recent decision of the Chancery Division in De Sena v. Notaro [2020] EWHC 1031 (Ch) for LexisPSL’s Case Analysis Expert Panel. This article was first published by Lexis®PSL on 11/05/2020. To read the full article please click here. Seb is a Commercial and Construction Law barrister. Click here to view his profile.

3PB's 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? What considerations might the...

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...