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Fee Earner Q&A with Jonathan Berkson
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.
Artificial Intelligence, Lawyers and the Courts
Invoice 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.
Continue ReadingRoad freight claims are insulated from set off
One of the most complex and uncertain areas of law which invoice discounters and their lawyers regularly have to deal with is transaction set off, namely the extent to which the customer’s claim arising from defective or late performance of the contract on which the relevant invoice is based can be set off against the value of the invoice.
Continue ReadingLegal and Equitable Assignments; Validity of Notice of Assignment
Readers will be aware that it is very rare for a reported case in the higher courts dealing with invoice finance to emerge, so we were interested to see a report of a recent case in another area of financial services which raised squarely 2 legal concepts which are fundamental to invoice financiers:
Continue ReadingGovernment announces new plans to tackle late payments
There was a time some years ago when a major selling point of disclosed invoice finance was the perceived ability of established Invoice Financiers practised in the art of collecting debts when compared to the frequent troubles of small businesses in persuading their customers to pay on time.
Continue ReadingNew UNIDROIT Model Factoring Law
UNIDROIT is a respected international organisation dedicated to the improvement of commercial law across its 65 member nations and beyond, and will be recognised by more established members of the invoice finance community (ie. older readers!) for its Convention on International Factoring which was adopted in 1988.
Continue ReadingIncorrect amounts in invoices not fatal to success of debt claims
A recent decision in the Commercial Court provided some comfort to invoice financiers facing technical arguments in litigation as to the accuracy of invoices submitted to debtors
Continue ReadingFactor’s Claim for summary judgment based on fraud fails
There are a few very few cases in the law reports dealing specifically with factoring or invoice discounting, so we always pay particular attention to those that are reported, and in this respect it is worth reflecting upon the recent decision of the High Court in Elevar Finance SPV Photon LLC v Mr Sabesan Somasundaram [2023] EWHC 151(Ch).
Continue ReadingElectronic execution of Documents: industry working group final Report
The Industry Working Group on Electronic Execution of Documents set up by the Government in response to the 2019 Law Commission Report has published its final report.
Continue ReadingChallenge to witnessing of Deed of Guarantee fails
There has been understandable focus recently on the question of virtual witnessing of documents such as Deeds of Guarantee which require the presence of a witness, a topic dealt with in our last Briefing and to which we will return later in this one. It is important however to remember that the vast majority of Deeds are still executed by wet signatures and in this regard there has been an important recent decision of the High court favourable to financiers.
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