We frequently advise business owners on disputes that arise due to poorly drafted contracts, outdated documentation or business relationships in which the terms have never been documented in writing – leading to confusion between the parties as to what the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 2025 (having been a ‘Rising Star in 2024) and has been described by his clients as “a superb litigator who is responsive knowledgeable and a pleasure to deal with’ .
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.
Following the Grenfell tragedy and the recent student accommodation fire in Bolton, the pressure is on for Universities to ensure that their whole estate is “fully fire safe”.
This doesn’t just require an extensive review of University owned and managed premises, but also a review of accommodation, teaching space and research facilities owned or operated by private providers and partners.
North west commercial law firm Bermans has recently strengthened their employment law offering with a new expanded team, welcoming four new solicitors to the department throughout 2019 so far.
The firm, which has offices in Liverpool and Manchester, put plans in place to expand their employment team to cope with increasing work loads during the previous financial year.
Although invoice finance remains by and large unregulated by Government, there is little doubt that the pace of regulation marches on and recently concerns have been expressed by some in the invoice finance industry that invoice financiers may be at risk of committing offences under the Criminal Finances Act 2017, for example where clients are suspected of building up substantial VAT/PAYE/Corporation Tax arrears.
In our Briefing 12 months ago we reported on the August 2018 Consultation paper issued by the Law Commission on the law relating to the electronic execution of documents, which suggested that the Law Commission was sympathetic to moves to allow all contracts and other documents to be completed electronically, particularly in the commercial context.
The main purpose of the role is to assist the firms Business Development Manager in the delivery of a marketing and business development function for the firm. A key part of the role will focus on the firms digital platform and will include management of the firms events, website, communications and social media output.
Start date: January 2020 Type: Fixed term contract (12 months approximately) Key duties:
Assisting with the writing, design and production of a wide range of marketing communications (e.g. newsletters and e-shots)
Manage firms social media pages (e.g. interacting with internal & external stakeholders to increase followers and coordinate and managing content to increase exposure)
Assist the set-up of an e-marketing programme which builds a database to support the business plan
Responsibility for the firm’s website
Analyse digital performance using appropriate metrics and report communications activity
Management of the firm’s events, including booking venues and using EventBrite, MailChimp and SurveyMonkey software
Co-ordinating and assisting fee earners in providing interesting written copy for use on the firm’s website and social media
Maintaining and updating information on the firms documentation and databases, including Forum the firms Practice Management System
Co-ordination of the firms PR output
Creating brochures, flyers and other literature
Qualifications required
Degree in Marketing/Communications/PR or a combination thereof.
Skills required
Strong interpersonal skills to be able to communicate at Partner/Business owner level
Ability to work through an action list unsupervised
Microsoft Word, Excel and PowerPoint (training will be provided)
Desktop publishing skills, e.g. InDesign
Understanding of Word Press (training will be provided)
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