Liverpool: 0151 224 0500   |   Manchester: 0161 827 4600   |   Email: info@bermans.co.uk   |   Twitter Icon  |  Linkedin Icon
bermans_logo

General Data Protection Regulation: What it means to business

chris-mcdonough

The Regime

The current legislation in relation to data protection in England and Wales is the Data Protection Act 1998 which was derived from the European wide Data Protection Directive (95/46/EC). The General Data Protection Regulation (GDPR) is due to come into force in May 2018. Whilst many of the provisions are already covered by the Data Protection Act, there are important new provisions of which businesses need to be aware.

Continue Reading

The virtual and augmented reality gold-rush

Dom Raban is the MD of Corporation Pop, a digital innovation agency. He has been creating ‘stuff’ for nearly 40 years, from punk fanzines in the 1970s to content for emerging technology platforms now. Currently Corporation Pop are working on several Augmented Reality (AR) and Virtual Reality (VR) projects, including an app for child patients that helps reduce the stress associated with hospitalisation by increasing familiarisation with staff, environments and procedures.

Continue Reading

Testamentary Freedom

david_tournaford

The Supreme Court has recently issued a decision in the case of Ilott v Mitson turning on the interpretation of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act ). In England and Wales a testator can choose to distribute their estate to anyone subject to the possibility of an excluded person bringing a claim under the Act.

The Court may decide to make financial provision for a dependent of the deceased be it a child, spouse, or former spouse if the Court concludes that the testator failed to make adequate financial provision for them. Such a claim is more likely to succeed if the Claimant is receiving state benefits.

Continue Reading

FCA Final Guidance on Guarantor Loans and Default Notices

The FCA has now published its finalised guidance (FG17/1) concerning default notices and guarantors under regulated consumer credit and consumer hire agreements.

The FCA previously consulted on its draft guidance twice during 2016, resulting in revised draft guidance in October which took a more burdensome view of funders’ obligations. The Final Guidance is largely unchanged from the October revised draft.

Continue Reading

Funder succeeds on Storage Charges and Lien

We recently successfully represented a funder at a High Court trial which reaffirmed a number of interesting points for asset financiers involved in funding parts of the motor trade.

The funder had arranged for one of its motor dealer clients to look after vehicles which had been provided by the dealer with finance from the funder but had subsequently been repossessed. There was a verbal agreement for payment of a commission for sales which the dealer achieved in respect of these vehicles.

Continue Reading

Revised FCA consumer credit information sheets

The FCA has published revised consumer credit information sheets to accompany arrears and default notices, which must be used by funders from 14 April 2017. Until then, the current versions (which have been in force since 2014) must be used after the initial draft of the new versions intended to come into effect this January were found to be defective and had to be withdrawn.

Continue Reading

Sign up for Bermans Newsletters