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Bermans Insolvency and Financial Rescue team

L-R Martin March, Phil Farrelly and James Whittaker

L-R Martin March, Phil Farrelly and James Whittaker

As we head into 2021 and the inevitable restructure of the economy as we (hopefully) return to some sort of normality, we thought it would be useful to share details about the depth of experience in our Insolvency team and to share some of their experiences during the lockdown.

Partner and Head of Insolvency, Phil Farrelly, will be known to many of you and has been with Bermans since 2005.  He is a familiar face on the North West legal scene and has extensive experience of acting for insolvency practitioners, ABL and other lenders and directors in all aspects of corporate insolvency.

The team has recently been strengthened with the arrival of two experienced insolvency solicitors.

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Six Promotions at Bermans

Andrew Henderson

Andrew Henderson

Bermans, commercial law firm in Liverpool and Manchester, is delighted to announce that it has promoted 6 individuals to more senior roles at the firm.

Andrew Henderson (left) joined Bermans in 1985 and has developed an expertise in asset finance litigation.  He has been made a Partner and joins Alex Chapman, David Gledhill and Jonathan Berkson as partners in the specialist Asset Based Lending team that is ranked in the Legal 500 London Asset Finance Lending rankings.

He deals with matters such as fraud, freezing orders, title claims, delivery up claims, guarantee/indemnity claims, shortfalls and general debt recovery for a wide range of asset based lenders.

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Notice pay under the Coronavirus Job Retention Scheme

The Coronavirus Job Retention Scheme Guidance has now been updated with an important change in relation to claiming for notice pay:-

Under the updated rules, an employer cannot claim for any days on or after 1 December 2020 during which the employee was serving a contractual or statutory notice period for the employer (this includes people serving notice following a resignation).

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Contractual Considerations on Brexit

It is never too late to sort things out.  First published in 2018, this note, now updated, addresses how you may protect your business through your contracts, where border issues cause delays or prices need to be adjusted, and explains the new UKCA Mark.

Some questions you may ask yourself:

  • What happens if the borders are clogged up and I cannot deliver or receive goods
  • Who will be liable for tariffs in the event of a hard Brexit
  • Should I look at amending existing contracts or terminating contracts with a view to issuing new contracts
  • Will you have to register with a UK authority in place of an EU one?
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Don’t Let Your Debtors Lock You Down! November 2020 Update

Andrew Koffman

10 tips for reviewing and implementing your credit control procedures: Revisited

The impact of COVID-19 on businesses continues to be severe, as recent statistics show.

In the UK as a whole the most recent ONS statistics show that nearly 30% of businesses, which have not closed permanently, continue to regard themselves as at moderate or severe risk of insolvency.

 

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The Long and Winding Road to a Guarantor Recovery

Jonathan Berkson

Jonathan Berkson

Back in 2004, Porter Capital Corporation (“Porter”), a US finance Company based in Birmingham, Alabama, financed a US corporation (“Corporation”) via an invoice finance facility. To secure the finance, they took guarantees from three guarantors, one of whom lived in London and was a co-owner of a valuable Knightsbridge apartment on Hyde Park in London and shares in a family company. The finance documentation was expressed to be under Connecticut law.

By 2008, things were going wrong for the Corporation and by March 2010 just prior to the Corporation’s Chapter 7 Bankruptcy in the US, Porter wrote making its demand for the account shortfall against the finance agreement’s three guarantors.

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Christopher Brain

Solicitor

Christopher joined Bermans in September 2020 and is a Solicitor in the Insolvency team, having qualified following completion of his training contract with Bermans in 2022. He previously studied Law at the University of Liverpool.

Christopher has experience with assisting in contentious and non-contentious matters, acting for individuals, companies and IP’s.

The matters that Christopher has experience with include, but are not limited to, the following:

  • Advising Administrators in respect of validity of security and appointment advice;
  • Acting for Administrators in respect of applications to extend the term of Administration;
  • Acting for Trustees in Bankruptcy in respect of applications for possession and sale;
  • Acting for individuals in respect of disputed Bankruptcy petitions; and
  • Acting for Liquidators in respect of applications such as Block Transfer orders and release orders.

He lives in Cheshire and plays 7-a-side football and likes to spend time with his friends and family.


E: chris.brain@bermans.co.uk

T: 0161 827 4613

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Covid as a Catalyst for Transformation

Andy Nicol

Andy Nicol is MD of Sputnik Digital, an innovation and digital engineering agency helping companies identify, build and maintain transformation programmes using technology.

He has helped optimise both customer facing and internal processes for clients incliuding GoCompare, Swinton Insurance, Fluent Money and Acino Pharma.

Having worked in the industry since 1998, Andy has built up experience in areas including design, development, UX and cloud services, and is able to share his view on how he has seen this deployed across a wide range of sectors.

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