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Archive for May 6, 2022

Philippa Baty

Philippa Baty

Philippa BatyParalegal

Philippa Baty joined Bermans in May 2022 and is a Paralegal in our Property team.

She studied at the University of the West of England qualified as a Solicitor in 2017.

Philippa primarily assists the team on a variety of commercial property matters.

Outside of work, Philippa enjoys seeing friends and family, going for walks/to the beaches on the Wirral…plus the odd psychological thriller or true crime documentary!

E: philippa.baty@bermans.co.uk

T: 0151 224 0522

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Jessica Murphy

Jessica Murphy

Jessica MurphyProperty Finance Paralegal

Jessica joined Bermans in April 2022 as a Property Finance Paralegal.

Jessica graduated from Liverpool John Moores University with a First Class degree in Law in 2021 and is currently studying the Legal Practice Course. Jessica also has experience in advising Commercial Employment, Public Sector Employment and Business Immigration clients.

Jessica assists with all types of Property Finance transactions, including but not limited bridging finance deals, re-finances, buy-to-let investment acquisitions and sales.


E: jessica.murphy@bermans.co.uk

T: 0151 224 0510

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Third Party Debt Orders Ineffective

We were rather surprised recently to see a commercial law firm attempt to impose Third Party Debt Orders (“TPDOs”) both on an invoice financier and on debtors whose debts had been assigned to it, in each case in favour of a claimant who had secured a court judgment against the assignor.

TPDOs were formerly known as Garnishee orders, and are governed by Rule 72 of the Civil Procedure Rules which provides:

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Court of Appeal decision on Commercial Confidentiality in Proving Assignment

In a recent Briefing we commented on the case of Haydock Finance Limited v Starcruiser Bussing Limited [2021] EWHC 622 (Comm) in which we successfully represented a funder in defeating an unmeritorious challenge, backed up by the debtor’s “expert evidence,” to the technical aspects of an asset financier’s securitisation process: see https://www.bermans.co.uk/securitisation-and-the-right-to-sue/

We wondered whether this sort of challenge might spread across to invoice finance, so we were interested to see the Court of Appeal reject a series of technical challenges to the assignment process in the recent judgment in a series of cases reported at [2021] EWCA Civ 1682.

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Invoice Finance for Lawyers

The business of law has changed significantly over the last couple of decades, ranging from significant developments in terms of the structure and operation of commercial law firms servicing business clients, to the funding models of “ambulance chasing” litigation covering a wide range of claims from alleged financial mis-selling to simple road traffic accident claims.

It is some time since we examined the topic of invoice finance for lawyers in a Briefing, and we were reminded of its significance in a recent court judgement involving a claim by a funder against a solicitor’s insurer which would have been of great interest to the invoice finance industry had it succeeded.

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