News for: Samantha Smith

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...

In what is described as ‘’the worst public health crisis in a generation’’, Mariya Peykova, a pupil barrister at 3PB reviews the powers of public health officers, constables and immigration officers and how the newly imposed laws will affect the rights of any individual infected with Covid-19. Her review also finds that the duration of measures and the manner in which the relevant powers are exercised will need to be continuously scrutinized to ensure that...

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...

As the trend for the courts to prefer electronic bundles to hard copy bundles continues - exacerbated and accelerated by lawyers and judges being forced to work remotely through the coronavirus lockdown period - 3PB family law barrister Steven Howard has put together a series of videos designed to help solicitors to easily create ebundles that will be effective and easy to use in and by the family courts.   Our ever-expanding series includes (so...

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...

Last month the Coronavirus Act 2020 (CA 2020) received Royal Assent and the Health Protection (Coronavirus, Restrictions (England) Regulations 2020, SI 2020/350 (the ‘Regulations’) came into force. These give wide new enforcement and prosecution powers to the police and local authorities, on health protection grounds. 3PB's crime and regulatory barrister Jonathan Underhill reviews these powers and the restricting the movement of people. These actually replace earlier regulations designed to limit the use of, and then...

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 Family and Property Law Barrister Luke Nelson has produced an updated practical guide to case management for remote hearings. Due to the Coronavirus lockdown, the legal sector (known for it’s old fashioned ways of working) is having to adapt quickly to working remotely. The checklist and practical guide to case management provides you with all the knowledge you need to move forward during these unprecedented times. To read the guide please click here.

3PB’s education law specialist barrister Emma Waldron has successfully supported a child-minder at the First-tier Tribunal in the decision of Mrs LR (A) v Ofsted (R). The case concerned an appeal of Ofsted’s decision to cancel the registration of a child-minder on the early years register under Section 68 of the Childcare Act 2006. Judgement followed a five day hearing and it was concluded that the Notice of Cancellation made by Ofsted was neither necessary...

3PB Property barrister Antonietta Grasso reviews the alternative solutions available to those whose possession claims have been delayed due to the coronavirus lockdown. Click here to read Antonietta's briefing. Antonietta specialises in all property related matters, ranging from housing, boundary disputes, adverse possession, easements and restrictive covenants, landlord and tenant (both commercial and residential) and more. Antonietta has successfully seen her cases through to judicial review hearings in the Administrative Court and in the Court...

In the context of the lockdown set down in The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, 3PB criminal barrister Graham Gilbert reviews the concept of “reasonable excuses” and when it is acceptable to leave your house, including what might be deemed sensible beyond those circumstances provided by regulation 6(2) of the Coronavirus Regulations. Click here to read Graham's analysis. Graham Gilbert is a barrister in 3PB’s criminal and public regulatory teams. Click here to...

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...