As with everything else about the pandemic, the legal position remains both fluid and uncertain; the best we can do at present is to highlight some of the issues which are likely to arise both in terms of:
(1) the relationship between invoice financiers and their clients; and
(2) supply contracts between suppliers using invoice finance and their debtors.
Before considering some issues which may arise in each of these situations, it may be helpful to set out some general high level comments on various parts of contract law which may be relevant in these circumstances, and which include terminology which may be misunderstood and is likely to be discussed amongst financiers and clients in the coming months.
With better days hoped for ahead, we ask what the Law Commission’s recommendations on extending time limits and enlarging Employment Tribunal jurisdiction may mean for employers.
Politically, there may be willingness in future days to recognise the contributions of workers during Covid-19, in a departure from the predominant mindset when the current Government swept into number 10. Certainly, the Prime Minister is one reported to be in reflective mood.
The Law Commission has no power to change the law, but the Government (under protocol) has to respond to the Commission’s report and historically more than two thirds of its recommendations have been implemented.
At the start of the COVID 19 pandemic many were predicting that this could be the busiest time ever for insolvency professionals. Early indications seemed to indicate this with many insolvency practitioners and lawyers experiencing an initial manic period of providing (often free) telephone advice, but most companies now appear to be hunkered down waiting for the lockdown to finish and surviving by utilising the rescue packages created by the Treasury.
Claire Morris (pictured below), joined Bermans in September 2006 as a trainee solicitor and is now a Partner in the property team. We spoke to her to learn more about her and her work.
Bermans has made two appointments to its Corporate team. The team, led by Jon Davage, welcomed Barney Leafas a partner and Simon Nolan as a Solicitor from Laytons LLP.
Barney has over 20 years of corporate law experience and acts for international and domestic businesses in many sectors ranging from retail, online, law firms, insurance, finance and investment funds.
Joining Barney from Laytons will be his assistant solicitor, Simon Nolan. Simon will undertake the variety of corporate instructions that are generated by the varied portfolio of clients that Bermans acts for.
We appreciate that these are unprecedented times and as such we want to reassure you of our ability to operate effectively and continue to support and serve our clients.
We are an ISO 27001 accredited business and as part of our continuing certification we must be able to demonstrate that both a documented and tested Business Continuity Plan and Disaster Recovery Plan are in place.
L-R Martin March, Phil Farrelly and James Whittaker
North West commercial law firm Bermans, which is celebrating its 50th year in business, has made two key appointments to its busy restructuring team. The team, led by Phil Farrelly, welcomed Martin March as a partner and James Whittaker as a Senior Associate.
Martin has more than 20 years’ experience working in the insolvency and restructuring arena and joins the firm from Knights Plc. A well know face across the North West, Martin focuses on transactional and advisory work, acting for business owners, insolvency practitioners and other professionals in relation to business restructuring. He has been involved in a number of high-profile property related insolvencies involving distressed “investor funded developments”. His focus at Bermans will be on corporate transactions particularly property related insolvencies.
I have been asked by a GP Practice client to advise on the New to Partnership Payment which is a £20,000 payment to new Doctors (and others) who join a GP practice as a partner and is referred to in the Update issued 6th February 2020 (sections 2.14 – 2.16). NHS England Update to the GP contract agreement 2020/21 – 2023/24
Although the details are not yet fully decided by NHS England, and detailed guidance is yet to be provided, based on the Update, the payment is payable where:
All employees must be issued with a statement setting out specific terms of their employment within two months of them starting work (known as a Section 1 Statement). Often this information will be part of a lengthier employment contract. From the 6 April 2020 the requirement to issue a Section 1 Statement will extend to workers as well as employees. It must also be issued on day one of the employment and the information it must include is expanding.
If you employ staff or if you have contractors who are deemed to be ‘workers’, it is essential that you review your employment documentation to ensure it is compliant.
Martin is a Partner in Bermans insolvency and restructuring team and joined in 2020.
He has a law degree and qualified as a solicitor in 1998.
Martin has over 20 years experience as an insolvency and restructuring lawyer, focusing mainly on transactional and advisory work. He is a very familiar face in the North West restructuring market and has extensive experience acting for insolvency practitioners, corporates, ABL and other lenders advising on restructuring and new lending matters.
Clients find Martin “commercial, practical and approachable.”
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