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Supreme Court swaps old test for new one in professional negligence claims

Andrew Koffman

Manchester Building Society (MBS) successfully appealed to the Supreme Court in a claim for negligence against its ex-auditors Grant Thornton (GT), after losing in the High Court and the Court of Appeal.

The facts of the case are quite unusual.  However the judgment is of wider importance since the court took a different approach to assessing loss arising from an adviser’s breach of duty, from the previous line of cases going back to the 1990s, and the decision should signal a change of direction.

 

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Business interruption claims and COVID-19: Has your claim been settled?

Andrew Koffman

January’s Supreme Court judgment in the FCA’s test case against insurers for COVID-19 business interruption insurance claims was a great relief to many SMEs, as we wrote at the time (see below)

Reports at the time of the judgment said that 370,000 businesses could be impacted by the test case – not all favourably although the judgment was undoubtedly good news for businesses overall.

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Disputing a Will

Andrew Koffman

When Diego Maradona passed away in November 2020, speculation was rife in the press as to whether he had a valid Will and, if he did, whether it provided for all of his children with some newspapers reporting he had fathered eight children whereas others had the figure as high as 11!

While the Maradona situation is thankfully not commonplace, sorting out the estate of a loved one when they die can be a daunting task. If they had a Will in place that should make things easier but what if the Will doesn’t make adequate provision for all of the dependants or if you are concerned that the Will has not been interpreted correctly?

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Business interruption claims and COVID-19: Good news for SMEs but what happens now?

Andrew Koffman

On Friday 15 January 2021 the Supreme Court delivered its eagerly awaited judgment in the test case between the Financial Conduct Authority (FCA) and various insurers.  The FCA was acting on behalf of policyholder businesses disrupted by COVID-19.

To the relief of SMEs awaiting the decision, the court found heavily in favour of the policyholders.

It is estimated that 370,000 policyholders could be directly affected.

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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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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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David Keenan

David Keenan

david-keenanSenior Associate

David joined Bermans in 2020 following previous roles at national and international law firms specialising in sport. He has a degree in law and qualified in 2012.

He is a highly respected and experienced practitioner within sport and is recommended in Legal500 2021 as a “Rising Star” within sports law.

David regularly advises on both contentious and non-contentious issues with experience in a variety of sports including football, boxing and horse racing. His experience includes regularly advising sports participants (including players, athletes, managers, agents, owners and trainers) on contractual issues such as endorsement agreements, image rights, player/athlete contracts, promotional contracts and representation agreements. David is also regularly instructed on disciplinary and anti-doping matters as well as disputes (including FA Rule K Arbitrations, Premier League Rule X Arbitrations, disputes before FIFA’s Dispute Resolution Chamber and Player’s Status Committee, high profile sporting disputes before civil courts and high level sports personal injury cases).

David is as a member of the Dispute, Disciplinary and Appeal Panel for British Canoeing and a Disciplinary Panel Member for Lancashire FA.


Email: david.keenan@bermans.co.uk

Tel: 0151 224 0524


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Business interruption claims and COVID-19: Good news for SME’s

Andrew Koffman

The High Court judgment, on Tuesday 15th September 2020, in the test case between the Financial Conduct Authority (FCA), on behalf of a number of policyholders, and various insurance companies over business interruption and COVID-19 has been hailed as a lifeline for SMEs.

Many SMEs will be very relieved at the result.  The FCA estimated that 370,000 businesses could be affected by the test case; however not all will have been successful. Two out of 8 insurers successfully defended the claims against them.

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