Jonathan joined Bermans in 2013 following a stellar career with leading national firm and was the Liverpool Law Society’s “Solicitor of the Year”. He has become a key member of the asset based lending team. He will be a familiar face to many of you assisting lenders with commercial recovery work and he has worked on some highly complex cases, including acting for a US commercial financier in a claim under a Connecticut law guarantee against a UK based guarantor.
As we write, the Supreme Court has begun the three-day hearing in the conjoined appeals in the Close Brothers litigation referred to above, concerning so-called secret commissions paid to brokers by lenders in the motor industry. The key issues to be examined by the Court include:
Keen readers of this newsletter will recall the discussion of Frischmann v Vaxeal Holdings SA [2023] EWHC 2698 (Ch) (Spring, 2024). To recap, Frischmann was a challenge to the assignment of rights under two loan agreements and a guarantee. This involved consideration of the requirements of a valid legal assignment (sometimes called a statutory assignment), i.e., one pursuant to section 136 of the Law of Property Act 1925 (“LPA 1925”). Among other things, s.136 requires the assignment to be in writing and “under the hand of the assignor” – in other words, signed by the assignor.
Asset financiers grappling with the threats and opportunities posed by AI may be interested to learn of the impact AI, and in particular the recent developments in generative AI, are likely to have on their interactions with their lawyers and with the court system.
We pointed out in an article in the Briefing last summer that the extent to which there should be any regulation of transactions with business customers has been a matter of hot debate in the asset finance industry going back decades, and we recalled that when the Consumer Credit Act 1974 first came into full effect in 1985 there was much discussion about future reforms excluding business customers altogether.
In regulated Hire-Purchase and conditional sale (but not Lease or Hire Agreements) section 90 of the Consumer Credit Act 1974 (“CCA”) provides that once one-third of the total price of the goods has been paid for, the goods become ‘protected’ and the Financier is not entitled to recover possession without a Court Order except where the debtor gives his genuine consent.
It would be remiss of me not to mention that this will be Peter’s last briefing as Editor before he sets off for his well deserved retirement. Peter is a legend of the invoice and asset finance industries and has been associated with Bermans for most of his working life – initially as a barrister in Oriel Chambers in Liverpool when Bermans used his services as an advocate and advisor on so many occasions that he was invited to join us in 1989 as a Solicitor Advocate and Partner. He remained as such until 2013 when he became a Consultant since when he has continued to be an invaluable member of our ABL team.
Jonathan Berkson, (pictured) joined Bermans in June 2013 and is a Senior Partner in our Asset Based Lending and Litigation teams. We spoke to him to learn more about him and his work.
In recent years the Government has applied a great deal of focus to the whole question of the funding of the civil litigation system and the ability of litigating parties to recover costs against opponents.
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Jonathan Berkson,