In the case of BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) the High Court required an invoice discounter to refund excessive collection fees charged after the administration of Cobra Beers Limited.
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Article by Andrew Koffman, Litigation Partner
1 October 1987, a typical grey autumn day in Manchester, a far cry from the hurricane-strength winds that buffeted Britain exactly 2 weeks later. But a big day for me; after 6 years of study and training, I was finally admitted as a solicitor. I had a moderately exciting morning serving a search order on a defendant although the location (a block of multi-storey flats) was about as unglamorous as it could get!
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The Law Gazette recently shared this article titled ‘Low-cost Manchester mediation pilot aims to ‘fill a gap’ which discusses a new initiative involving the launch of new a pilot scheme encouraging mediation as a less costly way of resolving civil disputes.
Nick Harvey Partner and Head of Litigation, comments on this recent article, whilst discussing Bermans new dispute resolution product – Escalate.
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Gayle joined Bermans in August 2017 and is a Litigation Executive in our Creditor Services team.
She has over 25 years experience of producing and managing court process for a variety of commercial clients and has worked extensively for clients in the asset based finance market.
Gayle predominantly deals with undefended and process driven claims.
e: gayle.dimelow@bermans.co.uk
t: 0161 827 4615
We have in the past been critical of faults in the court system and the drive towards ever increasing fees, so it is only fair that we also give credit where credit is due.
Continue ReadingThe process of replacing the Insolvency Rules 1986 and 28 subsequent amendments has necessarily involved difficult balancing exercises between the interests of numerous stakeholders, but the general consensus among creditors is that The Insolvency (England and Wales) Rules 2016 (SI 2016/1024) (“IR 2016”) which came into force on 6 April 2017 are likely to significantly improve the insolvency process for most creditors.
Continue ReadingThe FLA has joined forces with the Department for Education (DfE) and the National Association of School Business Management (NASBM) in producing a new document “Leasing Guidance for Schools”.
This document replaces the previous FLA publication from 2011 – ‘Tips for Successful Leasing in Schools’.
Continue ReadingThe Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 came into force on 26 June 2017. The new Regulations implement the Fourth EU Money Laundering Directive (“MLD4”) and entirely replace the Money Laundering Regulations 2007, and their provisions are markedly more comprehensive.
Continue ReadingFollowing an extensive consultation process since 2009 the final version of the Pre-Action Protocol for Debt Claims as dictated by the Ministry of Justice will come into force on 1 October 2017.
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In February we shared this article which discussed recovering costs lost in legal disputes.
Lord Justice Jackson has now published his review of civil litigation costs.
A regime of “fixed recoverable costs” had been expected for all civil claims up to £250,000 in value, with a table setting out how much the winner could recover from the loser towards their costs. This would have had a major impact on the economics of resolving disputes in court.
In fact the recommendations are somewhat diluted and more flexible. He has proposed the following.
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