Commercial Publications

3PB Commercial Barrister Marc Brittain and Pupil Barrister Mariya Peykova consider the conditions under which employers in the construction industry should have to pay a levy for the purpose of meeting the expenses of an industrial training board.

The power of the Construction Industry and Training Board to impose levies under the Industrial Training Act 1982

3PB Commercial Barrister Marc Brittain and Pupil Barrister Mariya Peykova consider the conditions under which employers in the construction industry should have to pay a levy for the purpose of meeting the expenses of an industrial training board.

In this article written for the British Tax Review, Max Schofield reviews News Corp UK & Ireland Ltd v HMRC and whether digital versions of newspapers should attract VAT, while printed versions do not.

Max Schofield analyses Landlinx Estates Ltd v HMRC, in which an option agreement over land was broken when the seller backed out and paid the would-be buyer £1.4m. HMRC wanted a slice of the action as VAT on the deal.

Dealing with Competing Jurisdiction Clauses: What is your Centre of Gravity?
Marc Brittain and Mariya Peykova consider complex commercial arrangements and the difficulties they can create for parties where their obligations are set out in a multitude of related contracts of a single contract containing inconsistent dispute resolution clauses. Marc and Mariya explore the most common scenarios in which courts are asked to interpret inconsistent dispute resolution clauses, with particular focus on the ‘centre of gravity’ approach, adopted by courts.

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.

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.

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.

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:
• 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?
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.

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?
• 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.