Praesidium is a fixed-fee employment package for employers large and small, which provides guidance on all aspects of employment from recruitment to termination.
Bermans offers Praesidium as a full package or for a more tailored service, businesses can cherry-pick which elements of the service are most appropriate to you.
In April 2021, Bermans topped the professional poll for choice of legal services for both £100k+ and sub £100k funds out in Business Money’s report of the UK invoice finance sector.
The professionals poll rankings are voted for by asset based lending providers who are asked about their choice of professional when acquiring a lawyer amongst other professional sectors.
The recent news that foreign exchange company Travelex is being held to ransom by hackers after a cyber attack is a reminder to organisations that cyber security is a business-critical issue. The gang claiming to be behind the hack has demanded £4.6m and explained that they hacked into the Travelex databases six months before the ransom demand was issued on 31 December 2019, spending that period downloading client data including names, dates of birth, credit card details and national insurance numbers.
The attack has led to Travelex taking down its website in 30 countries and turning off its computer systems. Could your business recover from such an attack asks our Commercial team?
We frequently advise business owners on disputes that arise due to poorly drafted contracts, outdated documentation or business relationships in which the terms have never been documented in writing – leading to confusion between the parties as to what the actual terms are. These disputes can prove costly and time consuming for businesses of any size.
Once these disputes have arisen, business owners will often ‘kick themselves’ for not reviewing their contracts for years or letting relationships form without any formal written documentation but, as with many things in life, hindsight is a wonderful thing.
James Whittaker is a Partner in the insolvency team, having joined Bermans in 2019 after practicing law at large international law firms since qualifying as a solicitor in 2012.
Prior to qualification, James studied Psychology at the University of Liverpool and then converting to law at the University of Law at Chrisleton.
James has experience acting for and advising companies, individuals, directors, creditors and office-holders within insolvency proceedings in respect of both contentious and non-contentious assignments.
Currently, James has a focus on contentious insolvency proceedings and is regularly instructed to issue and defend applications under the Insolvency Act 1986 and the Insolvency Rules 2016 including:
Applications for injunctions to restrain presentation of or advertisement of winding up petitions,
All stages of the creditors’ winding up petition process, including opposing a petition which is disputed in good faith on substantial grounds;
All stages of the bankruptcy petition process, including applications to set aside statutory demands and disputed bankruptcy petition hearings;
Full range of office-holder applications arising from the administration of insolvent estates against directors, companies and individuals (including misfeasance/preference/undervalue/void dispositions),
Acting for Trustees in Bankruptcy against individuals and companies, applications for possession and sale and annulment applications;
Administration applications include applications to challenge validity of appointment, and administration extension applications;
Applications for block transfers of office holder appointments.
Outside of work, James likes to spend as much time as possible outside either cycling (having recently completed Haute Route Alps) or walking/camping in the hills of North Wales and the Lake District. James is also an avid follower of professional cycling, and Liverpool Football Club.
James has been named as ranked as a ‘Next Generation Partner’ by the Legal 500 2026 and has received the following testimonials from his clients:
“a superb litigator who is responsive knowledgeable and a pleasure to deal with”
“James Whittaker is excellent on all matters of substance. He is able to give pragmatic advice and just knows the answer.”
Litigation can often arise when an individual is in financial distress. We regularly advise clients on disputes in these circumstances including:
Creditors who are owed money by individuals and are considering the best methods to recover this;
Creditors where a significant debtor has entered a formal insolvency process or their next steps;
Insolvency practitioners (IPs) in respect of failed or challenged IVAs that they are managing;
IPs on litigation arising out of an individual’s bankruptcy;
Other stakeholders who may be affected by an individual entering into a formal insolvency process, for example a person alleged to have acquired assets at an undervalue.
Our experienced team has dealt with a large number of litigation cases over many years ranging from large, complex, high value claims to more routine repossession and asset recovery claims.
We offer practical and commercial advice in addition to our expert knowledge of the law. We appreciate that time is of the essence in insolvency litigation as assets may need to be recovered or secured before they are put beyond the reach of the claimant.
We are happy to provide initial advice as to the realistic prospects of any litigation that you may be considering. Please get in touch.
We regularly advise Insolvency Practitioners (IPs) in relation to individuals who are unable to pay their debts who are seeking financial relief. The two main options for individuals are:
Bankruptcy
Individual Voluntary Arrangements.
Bankruptcy
Bankruptcy is a formal process where an individual seeks a court order declaring him/her bankrupt. Once the order is made the individual will be interviewed by the Official Receiver, a civil servant who works within the Insolvency Service who manages the first part of a bankruptcy. The IP will then be appointed as the Trustee in Bankruptcy (in cases where there isn’t an insolvency practitioner involved the Official Receiver will take on this role) and will have wide powers to dispose of assets, recover assets or monies owed to the bankrupt and distribute the proceeds fairly.
Bankruptcy usually lasts for 12 months but the effects of bankruptcy last much longer. Individuals will not be able to obtain credit post-bankruptcy, and some may have bankruptcy restriction orders made against them that can last for up to 15 years.
As well as advising IPs, we also advise creditors who may seek a bankruptcy order against an individual who owes them money (must be over £5,000) and individuals in settlement proceedings relating to the bankrupt’s assets, for example a spouse seeking to buy their spouse’s interest in the matrimonial home.
We can also advise individuals who are in financial distress about the best process for them to use.
Individual Voluntary Arrangements (IVAs)
IVAs are a formal insolvency process where an individual will enter into a formal and legally binding agreement with his/her creditors to pay back his/her debts over a period of time.
An IVA will be set up by an IP. If you think an IVA is suitable for you, we can introduce you to an IP who can assist. The IP will work out a payment proposal that will be put to the individual’s creditors who will decide whether they agree with it or not.
For individuals with insignificant assets and less than £20,000 of debt, a debt relief order may be appropriate.
In April 2020, new rules are to be introduced to the private sector to widen the scope of Income Tax and National Insurance deductions from Contractors.
If you are a business who engages contractors then you could be affected by the change and will then need to prepare for it.
Do you rely on “self employed” contractors as part of your business model?
Are you aware of the changes to the IR35 tax rules which come into place in April 2020?
Do you know what to do to prepare for the rule change?
Do you want to find out more?
Bermans have arranged a seminar to discuss the above and the effects the tax rule change could have on your business.
Our speakers are experts in their fields and will be able to share with you practical guidance and case examples of the tax rule change, along with best practices in preparing for it.
Event details
Date: Wednesday 5th February 2020 Time: 8am-10am Location: The White Room, Greater Manchester Chamber of Commerce, Elliot House, 151 Deansgate, Manchester, M3 3WD
If you are interested in attending, please email our Marketing team – info@bermans.co.uk
Click here to read about the forthcoming changes and how IR35 could affect your business.
| 
