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Regulation and Business Customers

With the new Consumer Duty coming into force it was something of a surprise to many (including us) that the FCA’s revised rules appeared to in effect extend beyond the usual definition of a “retail customer” as “an individual who is acting for purposes which are outside his trade, business or profession,” so that for the Consumer Duty regulation by the FCA will also now extend to any customer in a regulated activity, in other words encompassing sole traders and partnerships of 2 or 3 who are business customers in a CCA regulated agreement.

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Unsuccessful Lessor not entitled to contractual litigation costs

Lease Agreements will normally always contain express provisions for Lessors to recover costs incurred against the Lessee in a wide variety of circumstances, and a recent case in the Commercial Court gave rise to a novel argument by a Lessor seeking to invoke the right to claim costs under a contractual provision in a situation where the court had exercised its discretion to disallow some of the costs it had incurred and to award some of the Lessee’s costs against it.

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Jon Davage appointed as Bermans first Managing Director

Jon Davage

Jon Davage

Bermans have appointed Jon Davage as its first Managing Director. Corporate solicitor, Jon, joined Bermans in January 2012, and has been instrumental in driving the expansion of the firm.

Manchester based Jon, will be spending time across both of the Manchester and Liverpool offices, working closely with fellow board members in both locations, to ensure its staff and clients remain at the heart of everything Bermans do.

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New Vacancy – Property Finance Paralegal

We are looking for an experienced and enthusiastic Property Finance Paralegal to join our Property and Construction team. The existing team is friendly, hard-working and welcoming and we are seeking a like-minded individual.

Start date: Immediate

Location: Liverpool city-centre office

Job Type: Permanent

Hours: Full-time

Key duties:

  • Responsibility for progressing a caseload from start to finish, under supervision and with training from the fee earners.
  • Making and receiving calls to clients and third parties involved in the transaction.
  • Responding promptly to requests for updates and information from clients, agents, brokers and introducers.
  • Preparing banking security documentation for review by the supervising fee earner.
  • Preparing and / or reviewing contract packs and raising enquiries based on their contents.
  • Ordering pre-contract and pre-completion searches and reviewing the results.
  • Drafting and submitting applications to the Land Registry, Companies House and search portals.
  • Preparing files for completion, including the preparation of completion statements.
  • Generally supporting and assisting a busy team.
  • Dealing with files at completion and the post-completion stage.

Skills and experience required:

  • Proficient use of the Land Registry and Companies House portals.
  • At least 6 months’ previous experience in property / property finance work.
  • Demonstrable experience in working diligently towards client deadlines.
  • Excellent organisation, time-management and communication skills.
  • A personable and hard-working nature.
  • 3 A Levels in C grade or above (or equivalent).

Salary and benefits:

Salary will be dependent on experience, please contact us for details.

How to apply:

Please send your CV and covering letter to:

Fergal O’Cleirigh

Head of Property and Construction

Email: fergal.ocleirigh@bermans.co.uk

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