Comprehensive Covid-19 Resources Collection by 3PB Barristers

Since February 2020, 3PB have been answering many queries from solicitors and business clients direct on issues ranging from employment policies and redundancy programmes, force majeure in supply chain contracts, business interruption insurance and other cover, delay/termination issues in contracts, funding and regulatory challenges. Significantly, the UK Government Furlough scheme to help retain employees during the pandemic has attracted significant attention to its application and payment process with legal challenges including internal appeals of furlough decisions, HMRC furlough appeals and alleged fraud and discrimination in furlough decisions. There has also been enquiries to our specialist counsel about commercial property leases and forfeiture; the lockdown of schools, including the impact on private schools; local authorities and Coronavirus laws and regulations; probate during Covid-19; wrongful trading; rights to protest during lockdown and disputes over frustration of contract as well as holidaymaker disputes and cruise ship claims during this period.

As a solicitor or in-house senior management professional and requiring counsel’s opinion and advice on these legal issues, please either contact your usual 3PB clerk contact, or email [email protected], and your query will be directed by a 3PB clerk to the relevant barrister.

The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have co-ordinated across our own full-service barristers’ chambers and six UK offices to ensure that we centralise our know-how and are sharing insights with our clients.

This website page contains all our recent articles, briefings and webinar recordings about lockdown laws and regulations as well as practical issues like court attendance and hybrid hearings.

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coronavirus resources hub

 

 


Courts/Remote hearings/E-bundles

Tips for remote hearings

Virtual reality: I’m here live… I’m not a cat

Emma Waldron reflects on the last 12 months of virtual hearings in the SEND Tribunal and looks at the many benefits as well as the disadvantages of the "new normal".

Virtual hearings

Gabriel AdedejiGabriel AdedejiCall: 2012 provides a useful guide on Virtual Hearings, with tips on good practice and what to avoid.

A Guide for Conducting effective remote hearings in the time of Covid-19

Luke Ashby offers practical guidance on making remote hearings both effective and fair, their challenges and how to overcome them.

How to get the court to hear your case during COVID-19

Richard WheelerRichard WheelerCall: 2004 provides an insight into County Court civil listing’s during the pandemic, advising litigants how to retain their current listings.

How to create E-bundles

Steven HowardSteven HowardCall: 2009 has put together a series of videos designed to help solicitors to easily create e-bundles that will be effective and easy to use.

Remote Hearings Checklist
Remote Hearings - A practical guide to case management

Luke NelsonLuke NelsonCall: 2017 has created a checklist for case management for remote hearings, incl. corralling witnesses, and ‘court corridor negotiations’.

Evaluation of court and tribunal video hearings

After the review of HMCTS video hearing’s, Gareth GrahamGareth GrahamCall: 2006 looks at 3PB’s experience of video hearings in the First-tier Tribunal (Tax Chamber).

Judicial College - guidance for Judges on remote hearings

Gareth GrahamGareth GrahamCall: 2006 reviews the guidance for judges on conduct of remote hearings by The Judicial College Equal Treatment Bench Book.

Practical tips for using the CVP platform for hearings

Grace Boorer shares tips to assist in preparing for upcoming CVP hearings.

Practical guidance on video hearings in the SENDIST

Matthew WyardMatthew WyardCall: 2014 and Alice de CoverleyAlice de CoverleyCall: 2014 offer a guide to remote hearings in SENDIST including practical tips for both practitioners and witnesses.

3PB’s cutting-edge video and telephone technology ready for remote hearings

3PB’s virtual hearing’s technology allows solicitors to have entire hearings via Teams, without the need for Microsoft Teams software.


Employment

Stephen Wyeth successful in COVID-19 unfair dismissal health and safety case

Employment law barrister Stephen Wyeth was successful in the ET acting for the claimant in Mr C Preen v Coolink Ltd and Mr R Mullins: 1403451/2020 in an automatic unfair dismissal claim for a health and safety reason under s100 of the Employment Rights Act 1996 involving COVID-19.

Coronavirus and Employment Law: The latest news on furlough and Employment Tribunals

The latest Government guidance on furlough and Employment Tribunals.

Coronavirus: Government guidance and legislation for employers and employees during the pandemic

Sarah BowenSarah BowenCall: 2006 has produced a comprehensive list of the Government guidance and legislation available to employers and employees.

COVID-19: Frustration and Contracts of Employment

Sarah BowenSarah BowenCall: 2006 explains how COVID-19 is affecting frustration and contracts of employment.

Equality and discrimination claims during the Coronavirus pandemic

Sarah BowenSarah BowenCall: 2006 reviews equality and discrimination in employment during the COVID-19 pandemic.

Changes to Employment Tribunal rules

Daniel BrownDaniel BrownCall: 2012 and Grace NichollsGrace NichollsCall: 2015 summarise the likely implications of the rule changes at Employment Tribunals.

Long Covid Upheld as a Disability

Joseph EnglandJoseph EnglandCall: 2011 summarises the first instance case of Burke v Turning Point Scotland ET Case no. 4112457/2021.

Newsletters

Our employment law newsletters provide key resources to help businesses and the public sector manage the employment issues arising from the COVID-19 crisis including guidance and analysis given during our recent successful employment law webinars.

  • April 2020 - Equality and discrimination in the coronavirus pandemic, the Job Retention Scheme, furlough and recent case law updates.
  • May 2020 - The Job Retention Scheme, contractual variation and discrimination law, new guidance on furlough and case law updates.
  • June 2020 - 2nd Treasury Direction, Statutory Sick Pay and annual leave, whistleblowing/Health and Safety, and redundancy changes.
  • July 2020 - Using the CVP platform, 'flexible furloughing', and an update on the courts' and tribunals' response to Covid-19.
  • August 2020 - Video hearings/Judicial College guidance, Supreme Court employment appeals, furlough and full redundancy pay.
  • September 2020 - Coronavirus legal updates, sex discrimination, the ‘material factor test’ in equal pay, and dismissals without procedure.
  • October 2020 - Redundancies in the context of covid-19, upcoming changes to employment tribunals, and workplace monitoring in a remote working age.
  • November 2020 - Job Retention Scheme extension, injunctions, Public Sector Exit Payments and whistleblowing time limits.
  • December 2020 - Whistleblowing, holidays during furlough, Changes to ACAS Early Conciliation, changes to the furlough scheme, an update on remote hearings and contractual appeal time limits.
  • January 2021 - Covid-19 - an update, Brexit and employment law, changes to family leave pay and sick pay for 2021, interim relief and incompatibility, The interpretation of Regulation 13(1) AWR 2010 and restrictive covenants.
  • February 2021 - Harassment, Covid-19 and its impact on discrimination matters and hearings, remote hearings, the ET's jurisdiction, the scope of protection and recent case law updates.
  • March 2021 - Unwarranted media criticism of the ET system and revocation of the Public Sector Exit Payment Cap, Uber and Employment Status, s.109(4) EA 2010 as a statutory defence for discrimination​, lost years claims and protected acts.
  • April 2021 - A Fourth Addendum to the Presidential Guidance on employment tribunal awards for injury to feelings, sleep-in workers, equal pay, strike-out applications of discrimination claims, discrimination and conduct extending over a period.
  • May 2021 - Re-engagement orders, worker status of foster carers, disability status and the assessment of the ‘long-term’ adverse effect, litigant in person, and "right-to-work" checks.
  • June 2021 - Remote hearings, coronavirus related employment tribunal judgments, equal pay, whistleblowing, the Equality Act and recent case law updates.
  • July 2021 - The impact of the delay in lifting coronavirus restrictions on employers, working mums' rights, TUC in bid for long Covid to be treated as a disability, and wrongful dismissal.
  • August 2021 - The impact of the menopause, home working, organisations warning against "no jab, no job" policies, harassment, furlough and redundancy.
  • September 2021 - Employers' use of personal data, working from home, workation policies, minimum wage, disability status, reasonable adjustments, unfair dismissal and PCP's.
  • October 2021 - Redundancy process best practice, proportionality assessment, litigation privilege and the rare nature of the Jhuti exception in protected disclosure cases.
  • November 2021 - The importance of case management, employment status, suspension and right to pay, anonymity orders, competing rights and witnesses.
  • December 2021 - Discrimination in pregnancy, employers who deal with a recognised union, procedure required to conduct dismissals and disability status under the Equality Act.
  • January 2022 - a new Practice Direction on the neutral citation of EAT judgments, guidance from ACAS on hybrid work/working from home, a government consultation on the Bill of Rights to replace the Human Rights Act, a new fund to help practitioners tackle racial discrimination and news concerning increases in the minimum and living wages.
  • July 2022 - ‘Long Covid’ upheld as a disability by Employment Tribunal

UK Furlough scheme

Legal issues and the Furlough/ Job Retention Scheme 

Sarah BowenSarah BowenCall: 2006 was interviewed by Central TV about the furlough scheme and advice to employers / employees.

COVID-19 Q&A: The Coronavirus Job Retention Scheme and potential Equality Act issues

Craig LudlowCraig LudlowCall: 2002 and Sarah BowenSarah BowenCall: 2006 answer questions about the coronavirus Job Retention Scheme and potential Equality Act issues arising from it.

Updates to the Coronavirus Job Retention Scheme

Craig LudlowCraig LudlowCall: 2002 highlights the updates to the coronavirus Job Retention Scheme and covers the most common questions about the changes.

Returning to work after the Coronavirus pandemic

Sarah BowenSarah BowenCall: 2006 highlights the facts around returning to work after the coronavirus pandemic. A must read for employers and employees.

Which employees can I furlough and how does the furloughing process work?

Sarah ClarkeSarah ClarkeCall: 2005 answers the most common questions from employers about the furloughing process.

The essential contents of a furlough letter/ email/ agreement

Lachlan WilsonLachlan WilsonCall: 1996 outlines the essential contents of a furlough letter or email and gaining agreement from employees.

Furlough: Lay-offs and short time working

Katherine AndersonKatherine AndersonCall: 2005 provides a detailed overview of the furlough scheme and how the current laws on lay-offs and short time working may affect this.

Attending court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme

Katherine AndersonKatherine AndersonCall: 2005 reviews the important new furlough case of Fottles v Bourne Leisure.

Carluccios: Employment contracts and the job retention scheme

Daniel BrownDaniel BrownCall: 2012 and Rebecca FarrellRebecca FarrellCall: 2016 review the restaurant chain Carluccio’s decision in the context of administration and employment law.

Challenging HMRC on furlough payments

Max Schofield and employment barrister Daniel Barnett advise employers on getting payments from HMRC for the Job Retention Scheme.

Redundancy

Changes to terms and conditions; Individual and Collective Redundancy Consultation

Craig LudlowCraig LudlowCall: 2002 answers the most common questions around employment contracts and redundancy during the Coronavirus pandemic.

Lay-offs and short time working

Katherine AndersonKatherine AndersonCall: 2005 examines how the Coronavirus Job Retention Scheme works alongside the existing law’s on lay-offs and short-time working.

Preparing for redundancies

Lachlan WilsonLachlan WilsonCall: 1996 and Daniel BrownDaniel BrownCall: 2012 deliver a webinar for employers and employees on redundancy during the covid-19 pandemic.

Preparing to trade in a post-pandemic economy: options available to employers facing uncertain times

Gareth Graham and Matthew Curtis examine the options in this employment law webinar first broadcast on 21 April 2021 and look at the potential pitfalls for businesses looking to make redundancies or organisational changes due to pressures caused by reduced activity.

Recorded Case Law Updates

Employment Tribunals during the pandemic

The Presidential Guidance, the reality, and the future

Craig LudlowCraig LudlowCall: 2002 reviews the guidance for cases before employment tribunals by the President of the employment courts and tribunals.

Tribunals: 3PB's experience of their reopening

Gareth GrahamGareth GrahamCall: 2006 provides an update on the re-opening of employment tribunals shortly after the pandemic began in March 2020.

The return of in-person hearings - 3PB experiences, hints and tips

Joseph EnglandJoseph EnglandCall: 2011 outlines the practical differences and tips to bear in mind, as in-person hearings return at employment tribunals.

3PB in Court of Appeal on employment tribunal decision

Matthew CurtisMatthew CurtisCall: 2006 was in the Court of Appeal in early May 2020, in a landmark hearing which went ahead despite the lockdown.

Mark Green successful in the ‘virtual’ EAT

Mark GreenMark GreenCall: 2006 appeared in one of the first full video only hearing’s before an employment tribunal in England and Wales.

Remote Hearings in Employment Tribunals

Evaluation of court and tribunal video hearings

After the independent evaluation of HMCTS video hearings, Gareth GrahamGareth GrahamCall: 2006 compares the 3PB’s experience’s with the research's key findings.

Judicial College - guidance on remote hearings

Gareth GrahamGareth GrahamCall: 2006 outlines the key findings of the new Judicial College Equal Treatment Bench Book for Judges on the conduct of remote hearing’s.

Practical tips for using the CVP platform for hearings

Grace Boorer provides practical tips for using the CVP platform for remote hearing’s.

3PB’s cutting-edge video and telephone technology ready for remote hearings in the Employment Tribunals

3PB’s virtual hearing’s technology ensures that solicitors and judges are able to deliver an entire tribunal hearing via Microsoft Teams.

Employment Law Webinars

Available to watch now.

Restrictive covenants, injunctions and team moves

Colin McDevittColin McDevittCall: 1995 and Stephen WyethStephen WyethCall: 2010 deliver a webinar on ‘‘Restrictive covenants, injunctions and team moves’’.

Preparing for Redundancies

Lachlan WilsonLachlan WilsonCall: 1996 and Daniel BrownDaniel BrownCall: 2012 deliver a webinar for employment lawyers on “Preparing for redundancies”.

Religion and Belief in the Workplace

Katherine AndersonKatherine AndersonCall: 2005 and Naomi WebberNaomi WebberCall: 2017 discuss ‘‘Religion and Belief in the Workplace’’, the issues arising and the implications of relevant case law.

Health & Safety and whistleblowing during Covid-19

Sarah BowenSarah BowenCall: 2006 delivers a webinar on health & safety issues in the workplace and managing whistleblowing during the covid-19 pandemic.

Personal injury and discrimination law

Sarah ClarkeSarah ClarkeCall: 2005 and Grace NichollsGrace NichollsCall: 2015 provide an overview of personal injury claims arising out of discrimination including the legal test applicable, interaction with other forms of non-pecuniary loss, practical considerations/valuation; and the Employment Tribunal v the County Court.

Preparing to trade in a post-pandemic world

Gareth Graham and Matthew Curtis examine the options in this employment law webinar first broadcast on 21 April 2021 and look at the potential pitfalls for businesses looking to make redundancies or organisational changes due to pressures caused by reduced activity.

Recorded Case Law Updates

A review of recent and important employment law cases heard during the 2020 coronavirus lockdown from our 30-strong specialist employment and discrimination law barristers.

June 2020

Grace NichollsGrace NichollsCall: 2015 and Sarah BowenSarah BowenCall: 2006 bring you a round-up of relevant case law updates.

July 2020

Naomi WebberNaomi WebberCall: 2017 and Daniel BrownDaniel BrownCall: 2012 bring you a round-up of relevant case law updates.

September 2020

Stephen WyethStephen WyethCall: 2010 and Simon TibbittsSimon TibbittsCall: 2006 bring you a round-up of relevant case law update.

October 2020

Craig LudlowCraig LudlowCall: 2002 and Sarah ClarkeSarah ClarkeCall: 2005 bring you a round-up of relevant case law updates.

November 2020

Stephen WyethStephen WyethCall: 2010 and Lachlan WilsonLachlan WilsonCall: 1996 talk about the latest rules on furlough, Vaughan v Modality Partnership, and Remote Hearings - Practice Direction and Open Justice.

December 2020

Craig LudlowCraig LudlowCall: 2002 and Katherine AndersonKatherine AndersonCall: 2005 take you through their analysis of the latest employment law cases.

January 2021

Karen MossKaren MossCall: 2002 and Grace NichollsGrace NichollsCall: 2015 take you through their analyses of two of the most significant cases decided in December 2020.

February 2021

Mark GreenMark GreenCall: 2006 and Sarah BowenSarah BowenCall: 2006 bring you the latest in employment law in this month's recorded briefing.

The employment and discrimination team regularly produces newsletters, articles, videos and podcasts on topical employment issues.

You can find all our content in one place by going to our Employment Law Resources Hub.


Commercial litigation and insolvency

Insolvencies/administrations

Winding up under the Corporate Governance and Insolvency Act 2020 and the associated Practice Direction

Charles IrvineCharles IrvineCall: 2010 and Rebecca FarrellRebecca FarrellCall: 2016 consider winding up petitions after the CIGA 2020 and associated Insolvency Practice Direction.

The decision on Carluccio’s administration

Daniel BrownDaniel BrownCall: 2012 and Rebecca FarrellRebecca FarrellCall: 2016 analyse the Carluccio’s decision about insolvent companies retaining employees in the Job Retention Scheme.

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

Mariya PeykovaMariya PeykovaCall: 2013 provides a practical guide for businesses and insolvency practitioners on government assistance to weather the pandemic.

Issuing and defending insolvency proceedings

3PB’s insolvency team advise on the new Temporary Insolvency Practice Direction about remote hearings of insolvency and restructuring cases.

Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] USC 25

John JessupJohn JessupCall: 2014 predicts that the Supreme Court may push open the door left ajar by the Court of Appeal in Bresco v Lonsdale [2019] EWCA Civ 27.

Suspension of wrongful trading provisions during COVID-19

Cheryl JonesCheryl JonesCall: 1996 writes about wrongful trading and provides an update on the changes as a result of the covid-19 pandemic.

Injunctions/ Possession claims in the time of the Coronavirus

Antonietta GrassoAntonietta GrassoCall: 2004 reviews the alternative solutions available to those whose possession claims have been delayed due to covid-19.

Force Majeure/ Insurance cover

COVID-19 and “Force Majeure” of contracts – Not so fast!

Philip BambagiottiPhilip BambagiottiCall: 2018 opposes the new group-think about ‘force majeure’ as the response to none-performance of contracts because of covid-19.

Business Interruption Insurance update: six months on - where do policyholders stand now?

Watch this webinar from Fletcher Day featuring guest speakers Neil Fawcett, Barrister at 3PB and Gavin Pearson, Forensic Accountant at Quantuma for an update on Business Interruption Claims.

Business Interruption Insurance Claims

David Berkley KC, 3PB’s Head of Chambers and Neil Fawcett review business interruption insurance claims arising from covid-19.

3PB advise UK businesses on claims for lost profits following landmark decision in the FCA’s Business Interruption Insurance case

Neil Fawcett’s briefing on the test case for business interruption insurance claims after the Financial Conduct Authority v Arch Insurance (UK) Ltd.

Other commercial/ litigation issues

Covid-19 – A brief look from a probate practitioner’s perspective

Lydia Pemberton provides useful guidance for probate experts in successfully handling cases and hearing’s during the covid-19 pandemic.

The remote witnessing of wills: a last resort

Lydia Pemberton examines the Amendment Order of The Wills Act 1837 which allows “presence” by means of video-con/ other visual transmissions.

The execution of legal documents during COVID-19

Lydia Pemberton and Charles IrvineCharles IrvineCall: 2010 review changes to the execution of documents shortly before and since the covid-19 pandemic.

Unreasonable refusals to engage with ADR may well come at a cost to the client

David Parratt KCDavid Parratt KC (Scot)Call: 1999Silk: 2017 and Rebecca FarrellRebecca FarrellCall: 2016 assess the cost consequences of a client’s unreasonable refusal to engage in ADR.

UK Competition Law Enforcement during Covid 19

3PB examine the EU and UK regulators’ approach during the pandemic to competition law enforcement in particular competitor-collaboration.

Cyber Law

Urgent advice to businesses facing ransomware attacks / cyber attacks

Matthew Wyard considers the practical steps that businesses and public bodies urgently need to take in order to pre-empt such an event and what to do if disaster strikes.

New data protection and privacy claims

Matthew Wyard looks at the raft of recent claims brought for breaches of statutory duty under the UK GDPR and the Data Protection Act 2018.

Webinars

Business Interruption Insurance update: six months on - where do policyholders stand now?

Watch this webinar from Fletcher Day featuring guest speakers Neil Fawcett, Barrister at 3PB and Gavin Pearson, Forensic Accountant at Quantuma for an update on Business Interruption Claims.

Business Interruption Insurance - The FCA test case

David Berkley KCDavid Parratt KC (Scot)David Parratt KC (Scot)Call: 1999Silk: 2017 and Neil Fawcett present a webinar on ''Business Interruption Insurance'' and the FCA test case.

Vicarious Liability and Reflective Loss

3PB's Head of Chambers David Berkley KC, Seb OramSeb OramCall: 2007 and Naomi WebberNaomi WebberCall: 2017 hosted a very well-attended webinar on vicarious liability and reflective loss.

If you missed Parts I – VI of our Commercial litigation webinars, we have included our notes below:

Part I – Updates to Insolvency Law

Cheryl JonesCheryl JonesCall: 1996, Charles IrvineCharles IrvineCall: 2010 and Rebecca FarrellRebecca FarrellCall: 2016 review the suspension of wrongful trading provisions, restaurant chain Carluccio’s administration and navigating the various updates for insolvency practitioners from the courts.

Part II – Force Majeure Clauses and COVID-19

David Parratt KCDavid Parratt KC (Scot)Call: 1999Silk: 2017 and Richard Owen-Thomas presented a webinar on Force Majeure Clauses and COVID-19. Their notes cover force majeure clauses, anticipation and foreseeability, causation and impact, making a claim and whether covid-19 is a force majeure event.

Part III – Business Interruption Insurance

David Berkley KC and Neil Fawcett hosted a webinar on business interruption insurance claims. Their notes cover business interruption insurance policies, how to make a claim, funding of legal costs, insurers’ tactics in defence and claims against brokers.

Part IV – Lockdown Lessons for Litigators

Joseph Giret KC, Alexander WhatleyAlexander WhatleyCall: 2014, Oliver InghamOliver InghamCall: 2015 and Rebecca FarrellRebecca FarrellCall: 2016 hosted a webinar on ‘Lockdown Lessons for Litigators’. Their notes cover latest judgments, implications for litigators and practical tips on how to obtain urgent relief from the courts.

Part V – Informalities: Executing Documents

Cheryl JonesCheryl JonesCall: 1996, Charles IrvineCharles IrvineCall: 2010 and Christopher EdwardsChristopher EdwardsCall: 2008 hosted a webinar on executing documents during covid-19. Notes cover the formal requirements for documents (especially property deeds) in the age of virtual meetings and the rise of electronic communications.

Part VI – The Price of an Unreasonable Refusal to Engage

David Parratt KCDavid Parratt KC (Scot)Call: 1999Silk: 2017 and Rebecca FarrellRebecca FarrellCall: 2016 hosted a webinar on settlement, ADR and costs. Their notes cover ADR procedure, development of case law and the duties of legal representatives.


Property and Construction

The Coronavirus Act 2020: Commercial Property and Forfeiture

Charles IrvineCharles IrvineCall: 2010 and Rebecca FarrellRebecca FarrellCall: 2016 issue an updated guide on the rights of commercial landlords and their tenants during covid-19.

Residential Landlord and Tenant Tax during Covid-19

Thomas Talbot-PonsonbyThomas Talbot-PonsonbyCall: 2011 has produced an article on Residential Landlord and Tenant Tax during the coronavirus pandemic.

Residential Landlord and Tenant Covid-19 Update

Matthew CanningsMatthew CanningsCall: 2006 and Alex LeonhardtAlex LeonhardtCall: 2018 advise on the new 90-day stay on most possession proceedings and the new three-month notice requirement.

Working in the UK construction industry during the coronavirus pandemic

3PB writes about the practical and legal challenges facing those working in the construction sector during covid-19.

Virtual evidentiary hearings in construction

David Parratt KC (Scot), and V&E International Dispute Resolution & Arbitration Associate, Ben Grunberger-Kirsh, discuss the key debates and concerns surrounding virtual evidentiary hearings.

The impact of Covid-19 on residential property

Thomas Talbot-Ponsonby joined Tim Baldwin from Garden Court Chambers to record a webinar on ‘‘The impact of Covid-19 on residential property’’ for Lexis Nexis.

Recorded webinar: Cladding and other challenges for the construction industry

James DavisonJames DavisonCall: 1996Philip BambagiottiPhilip BambagiottiCall: 2018 and Nick KaplanNick KaplanCall: 2013 look at the latest cladding issues, Grenfell Tower and building design defects.

Recent developments in Commercial Landlord & Tenant Law

Gavin Hamilton and Robert Weatherley bring you a recording of their webinar on recent developments in Commercial Landlord & Tenant Law.
The webinar took place on 20th May 2021 and was chaired by specialist property and commercial law barrister Matthew Cannings.


Public and Regulatory

Education sector

Practical guidance on video hearings in the SENDIST

Matthew WyardMatthew WyardCall: 2014 and Alice de CoverleyAlice de CoverleyCall: 2014 offer a guide to remote hearings in SENDIST including practical tips for both practitioners and witnesses.

Who are vulnerable children and young people under Coronavirus Bill?

Charlotte HadfieldCharlotte HadfieldCall: 1999 provides counsel on the new government guidance on vulnerable children and their school place eligibility and risk assessment required.

The new emergency Coronavirus Bill and its hidden impact on private schools

Matthew WyardMatthew WyardCall: 2014 examines the hidden impact within the Coronavirus Bill for private schools across the UK.

How will special education provision operate if the Coronavirus Bill is enacted?

Charlotte HadfieldCharlotte HadfieldCall: 1999 reviews how Special Educational Needs provision may operate if the Coronavirus Bill passes in its current form.

Flaws in the draft Curriculum and Assessment (Wales) Bill

Matthew WyardMatthew WyardCall: 2014 reviews the draft Curriculum and Assessment (Wales) Bill, introduced to the Senedd without prior public consultation.

Data protection for schools and the higher education sector

Matthew Wyard highlights the rights of access to data from schools and colleges and specifically what constitutes ‘education data’

Legal and practical guidance on GCSE exam results for students and schools (Accurate 20 August 2020)

Alice de CoverleyAlice de CoverleyCall: 2014 and Matthew WyardMatthew WyardCall: 2014 have co-authored a two-part report, for students and schools, about GCSE results day 2020.

A-Level results: Key Q&As for Students and Schools (Accurate on 13 August 2020)

Alice de CoverleyAlice de CoverleyCall: 2014 and Matthew WyardMatthew WyardCall: 2014 provide practical advice for students and schools alike on the A-level results in 2020.

Recorded webinar: What next for A-Level Students? (Accurate on 17th August 2020)

Matthew WyardMatthew WyardCall: 2014 and Alice de CoverleyAlice de CoverleyCall: 2014 give guidance about teacher-assessed grades in 2020 vs those generated by the central algorithm.

Education Law Newsletters

  • May 2020 - Our education law barristers explore the impact of covid-19 and recent case law including special educational provision specified in an EHC Plan and reasonable endeavours; the likely approach of the Administrative Court on judicial reviews, a guide to remote hearings; a new authority on school admissions and disability discrimination in schools.
  • September 2020 - Our education law barristers cover issues such as the A-Level examination fiasco; upcoming changes to the SEND regulations; key decisions against the Secretary of State for Education; low arousal environments; equality act claims; and Curriculum and Assessment (Wales) Bill.
  • December 2020 - Our education law barristers review various prominent education law topics including school attendance in times of covid-19, legal tips and advice for those targeted by bullies, and the legal routes to claiming compensation or refunds from universities.
  • April 2021 - Special Educational Needs & Disability Tribunal and Witnesses with Disabilities, the correct timeframe for a local authority to issue a Final Amended Education, Health & Care Plan, virtual hearings, and uniforms and exclusions.
  • December 2021 - Discrimination in Foster Placements, the use of seclusion rooms, guidance from the upper tribunal in relation to (a) the use of the general term “waking day curriculum”, and schools and data protection risks.

Local authorities

Enforcement and Prosecution Powers of Local Authorities and their effect on Business under the Health Protection (Coronavirus, Restrictions (England) Regulations 2020

Jonathon UnderhillJonathan UnderhillCall: 2008 reviews the new enforcement and prosecution powers for Local Authorities and their effect on businesses in their regions.

Professional Discipline

Health and social care: fitness to practice in the context of Covid-19​

Jennifer AgyekumJennifer AgyekumCall: 2009 examines the impact of Covid-19 on stretched health and social care resources.

Virtual hearings

Gabriel AdedejiGabriel AdedejiCall: 2012 provides a useful guide on Virtual Hearings, with tips on good practice and what to avoid.

Recording now available: Regulating the professions during Covid-19

Nicholas LeviseurNicholas LeviseurCall: 1979 and Daniel BrownDaniel BrownCall: 2012 with Stephensons’ Carl Johnson, presented a webinar on ‘‘Regulating the professions during Covid-19’’.

Newsletters

  • February 2021 - Virtual hearings, health and social care: fitness to practice in the context of Covid-19​, racism and professional practice, and legal assessors' tips for advocates.
  • July 2021 - New law to make Covid-19 vaccination mandatory for care workers, Covid denier and anti-vaxxer nurse struck off , case law updates and 3PB legal assessors' tips for advocates on 'mind your language'.

Health and medical

UK Market Authorisation for new medicinal products

Matthew WyardMatthew WyardCall: 2014 reviews for drug companies the MHRA’s Market Authorisation approvals process for new medicines launching in the UK.

The Provision of PPE in Extraordinary Times

Sharan SangheraSharan SangheraCall: 2009 analyses the provision of PPE during the coronavirus pandemic.

Maritime sector

Responding to Covid-19 – The Maritime Perspective in the UK

David Richards and Dr Tagbo IlozueDr Tagbo IlozueCall: 2019 have reviewed national and international maritime regulation for cruise ships in dealing with covid-19.

Webinar Recording: The Implications of Covid-19 on the Maritime Sector

David Richards and Dr Tagbo IlozueDr Tagbo IlozueCall: 2019 discuss the implications of covid-19 for those in the cruise ship and wider maritime sector.


Crime

Criminal law and public law: the new lockdown laws and compliance

Leaving the house in lockdown: criminal law, domestic violence and “reasonable excuses"

Graham Gilbert reviews the concept of “reasonable excuses” and what might be deemed sensible in leaving your house during covid-19.

Lockdown Law - Recent criminal law developments and relevant case law

David Richards and Dr Tagbo IlozueDr Tagbo IlozueCall: 2019 have published a digest of recent criminal law developments and case law since the UK went into lockdown.

Lockdown Law 2 - Public and Regulatory Law

David Richards and Dr Tagbo IlozueDr Tagbo IlozueCall: 2019 review three key new regulatory cases, in environmental regulation, food safety and housing regulation.

Nicholas Cotter in first criminal trial since pandemic

Nicholas CotterNicholas CotterCall: 1999 appeared as junior counsel in a 58 day murder case, the first criminal trial to be heard in the UK since covid-19 began.

Human Rights

The Coronavirus Act 2020 & Rights of Individuals

Mariya PeykovaMariya PeykovaCall: 2013 reviews the powers of the police, public health officials and immigration officers and the rights of people infected with covid-19.

Protesting During a Pandemic: What Are Your Rights?

Mariya PeykovaMariya PeykovaCall: 2013 reviews citizens rights to protest during the pandemic and the police powers of arrest, stop and search and fines/ penalties.

The Fine Line Between Legitimate Protesting and Anti-Social Behaviour

Mariya PeykovaMariya PeykovaCall: 2013 reviews the use of police tactics to disperse protestors and the fine line between protesting and anti-social behaviour.


Personal Injury

Returning to court for a personal injury trial during the pandemic

Tom WebbTom WebbCall: 2010 attended a personal injury trial, believed to be the first civil trial to be heard in person since lockdown began and provides guidance for lawyers and lay clients on going back to court.

Travel claims - holidaymaker disputes during the pandemic

Mariya PeykovaMariya PeykovaCall: 2013 reviews the legal position in relation to holidaymaker claims during the coronavirus pandemic.

A Guide for Conducting effective remote hearings in the time of Covid-19

Luke Ashby provides an update on remote hearings for personal injury cases and making them effective during the pandemic.

Remote hearings: ‘The new normal’

Catherine PurdyCatherine PurdyCall: 1997 reviews new protocols for remote hearings and offers practical tips for personal injury cases and witnesses’ participation.

The Provision of PPE

Sharan SangheraSharan SangheraCall: 2009 analyses the provision of PPE for health care workers during the coronavirus pandemic.

How to get the court to hear your case during COVID-19

Richard WheelerRichard WheelerCall: 2004 provides practical tips to getting your civil or personal injury case to be heard in court during the coronavirus pandemic.

Newsletters

  • June 2020 - Our personal injury law barristers examine the duty on employers to provide suitable PPE, adjustments to court hearings during covid-19 and recent case law.
  • June 2021 - Our personal injury law team takes a closer look at recent inquests, whiplash, ogden tables, non-party disclosure orders and electric scooters.

Webinars

Personal injury and discrimination law

Sarah ClarkeSarah ClarkeCall: 2005 and Grace NichollsGrace NichollsCall: 2015 provide an overview of personal injury claims arising out of discrimination including the legal test applicable, interaction with other forms of non-pecuniary loss, practical considerations/valuation; and the Employment Tribunal v the County Court.


Family

Remote hearings/E-bundles

How to create E-bundles for the Family Court

Steven HowardSteven HowardCall: 2009 has put together a series of videos for solicitors to help them to easily create e-bundles for use in and by the family courts.

Remote Hearings - A practical guide to case management

Luke NelsonLuke NelsonCall: 2017 produces a practical guide to case management during remote hearings.

3PB reviews the Family Courts during lockdown

Alex HodgeAlex HodgeCall: 2009 reviews the fairness of a judicial system in which family law hearings are conducted remotely.

3PB family barristers in mock FDR

Nicola FrostNicola FrostCall: 2009Tonia ClarkTonia ClarkCall: 1986 and Amy BeddisAmy BeddisCall: 2009 were three of the presenters in a practical and informative mock remote FDR hearing in Bristol.

3PB’s Sarah Jennings review of the Family Courts’ remote working

Sarah JenningsSarah JenningsCall: 2009 gives her experience of remote working in Bristol’s busy family courts for Family Law Week.

3PB launches new Remote Access Family Court Room (RAFCOR) for family finance disputes

3PB Barristers has launched a Remote Access FDR (Financial Dispute Resolution) Court Room service for its family solicitors and lay clients.

Updates

The impact of covid-19 on women at the Bar

Rachael Goodall highlights the impact of COVID-19 on women at the Bar for Counsel magazine.

Newsletters

  • June 2020 - covering divorce in the modern age; arbitration in private law family cases; intervenors and procedure in financial remedy proceedings; the impact of covid-19 on case preparation and on the outcome and timing of cases; whether covid-19 is a Barder event?; the findings of the Private Law Working Group 2, Legal Service Payment Orders and successful appeals in family law.
  • September 2020 - covering deferral of capital claims during the pandemic; fairness in remote hearings; childrens’ additional needs in proceedings; the risk of harm in private law children cases; Special Guardianship Orders and the rights of parents with disabilities in care proceedings.
  • December 2020 - covering relocation and Enforcement of Child Arrangement Orders; Pre-nups; committal proceedings and The five stages of loss in family proceedings; Bankruptcy in financial remedy proceedings and costs in family finance proceedings.
  • March 2021 - covering Practice Direction 27A, when can an order be amended, financial remedy proceedings, valuation experts and a round up of 3PB''s family law brunch webinars.
  • July 2021 - Family law in lockdown, TOLATA, special guardianship orders, financial remedy claims, challenging capacity assessments and recent case law.

Case Law Update - The Remote Family Court and Beyond

Antonida KocharovaAntonida KocharovaCall: 2015 provides a case law update which covers remote hearings and court of protection cases; the consideration given by the family courts to whether a case is suitable for a remote hearing and the guidance from the Court of Appeal on the factors which are likely to influence decisions on remote hearings; transgender parents; financial remedies; pensions in divorce cases; and parental alienation.

Webinars and Podcasts

3PB stages remote interactive FDR event with comment from our panel

Our specialist panel of DDJs and Recorders chaired by Hamish DunlopHamish DunlopCall: 1991, including two QC’s and five junior barristers staged a mock remote interactive FDR using two designed case studies.

Vanessa Meachin QC discusses family arbitration

Vanessa Meachin QC talks of the advantages and progress of arbitration in family law with guests Suzanne Kingston and Barbara Corbett.


Resources/ briefings from 3PB pupils

New collection of blogs available now from 3PB's pupils

Covering protesting during a pandemic; protests vs anti-social behaviour?; inadequate PPE; the government shielding tenants from possession claims; holiday claims and covid-19; regulating social media companies.

“Publications during the Pandemic”

This newsletter covers issues of ethics and liability after the BMA guidance on covid-19; the Coronavirus Act 2020 and how it will affect those who fall ill?; challenges for the UK construction industry during the pandemic; insolvency in times of coronavirus; advice on remote hearings and hints and tips for life during lockdown; and UK competition law enforcement during covid-19.

Pupillage webinar - Part 1

Hosted by 3PB’s Head of Pupillage, Cheryl JonesCheryl JonesCall: 1996, this video gives students the chance to hear from our current and future pupils about applying for pupillage, interviewing, and what it's like during your pupillage at 3PB.

Pupillage webinar – Part 2

The video covers the life of a barrister and options throughout your career – such as achieving a judicial appointment, becoming an author or taking silk directly from the people who’ve done it.

Please note: the information contained in our legal updates are correct as of the original date of publication or broadcast.  If you would like to subscribe to 3PB’s briefings, please click here.