Insolvency and bankruptcy News

Winding up under the CIGA 2020 and the associated Practice Direction

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 […]

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3PB’s pupil barristers issue newsletter “Publications during the Pandemic”

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 […]

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Suspension of wrongful trading provisions during COVID-19

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 […]

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Insolvency in times of coronavirus: a short, practical guide for businesses and insolvency practitioners

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 […]

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3PB produces new property law guide on Covid-19 and changing the locks in the lockdown

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 […]

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3PB’s Commercial and Real Estate teams brief on issuing and defending insolvency proceedings

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.

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Commercial update - John Jessup: The interests of creditors on insolvency at common law. Have the goalposts moved?

The Court of Appeal has handed down its landmark judgment in Sequana, in the Insolvency sphere (BTI 2014 LLC v Sequana S.A. [2019] EWCA Civ 112). How likely does insolvency need to be, before a director must consider the interests of creditors when deciding what is in the company’s best interests? Is a dividend payment […]

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3PB’s Rebecca Farrell acts for Petitioning Creditor in property tycoon bankruptcy

3PB’s Commercial and Property barrister Rebecca Farrell, instructed by Ian Baker of London solicitors PGB Gitlin Baker, acted for the Petitioning Creditor Darius Khakshouri in successfully obtaining the bankruptcy of former property tycoon Kevin Cash who owed the businessman in excess of £3 million. The bankruptcy was obtained at Oxford County Court last week. The […]

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Commercial update: Privilege under investigation by Charles Irvine

When will solicitor’s working papers (as opposed to advice) attract privilege? And what is the scope of legal advice privilege (“LAP”) and litigation privilege (“LP”)? Charles Irvine (call 2010) analyses the recent case of Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB), its impact on its impact […]

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