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Author Archive

Joe Drake

Joe Drake

Joe DrakeTrainee Solicitor

Joe joined Bermans in July 2023 and is currently a Trainee Solicitor in our Employment team based in Liverpool.

Joe obtained a degree and a Masters degree in Law at the University of Liverpool and has also completed his LPC at the University of Law.

Outside of work, Joe enjoys cooking and is a former chef. He also enjoys boxing and hiking/camping, as well as being a long suffering Everton fan and season ticket holder!


E: joe.drake@bermans.co.uk
T: 0151 224 0521

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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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Rachael Murphy

Rachael Murphy

Rachael MurphyParalegal

Rachael joined Bermans in October 2014 and is a Paralegal in our Property team in Liverpool.

Rachael is experienced in residential conveyancing and ensures her clients receive a smooth and hassle free experience when purchasing or selling a property.

Outside of work, Rachael enjoys going to the gym, visiting art galleries and going to gigs, as well as working her way round Liverpool’s bars and restaurants with family and friends!


E: rachael.murphy@bermans.co.uk
T: 0151 224 0503

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Religion and belief discrimination – manifestation of belief and how employers need to tread-carefully in action taken as a result

Adrian Fryer

In the recent case of Higgs v Farmor’s School the claimant was dismissed from her role as a pastoral administrator after putting posts on Facebook which criticised aspects of relationship education in primary schools which she saw as contrary to Biblical teaching. She was dismissed by the respondent on the basis that someone reading the posts might consider that she held homophobic and transphobic views. She claimed direct religion or belief discrimination and harassment. Her claim was unsuccessful in the employment tribunal but her appeal to the Employment Appeal Tribunal was allowed. The EAT, in finding that the tribunal had incorrectly applied the test for direct religion or belief discrimination, set out some helpful guidance on the approach to be taken in such cases:

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