In the recent High Court case of Praetura Asset Finance Ltd v S Line Rentals [2023] EWHC 889 (Comm) the court considered the nature and extent of a Lessor’s common law obligation to mitigate its loss when claiming in relation to a repossessed asset.
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.
A recent case in the Commercial Court has provided a welcome and rare illustration of a court ruling in favour of the reasonableness of a Lessor’s exclusion clause in a Hire Purchase Agreement.
Bermans, a leading North West law firm, have announced two Partner promotions, which will see Senior Associates, Melanie Morris and Alissa Marsh, become Partners.
Laura McMorland (pictured below), joined Bermans in March 2023 and is a Senior Associate in our Corporate team. We spoke to her to learn more about her and her work.
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.
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.
It has been an incredibly busy period in the area of employment law over the past couple of years. Not only have we had the daily releases of judgments and decisions from the Tribunals and Courts, we have also seen changes brought in from the recommendations of The Good Work Plan 2020, and the impact of the pandemic. This in itself has brought in seismic changes to working arrangements, with the rise of flexible working arrangements, and even the future possibility of a four-day working week!
Contracts of Employment
In this ever changing environment it is an ideal time to have your employment contracts completely up to date. The benefit of doing so is that they set out agreed working arrangements but they can also protect a business by reducing the scope for disputes, and give the business a better basis for taking action if ever it is needed.
It is with this in mind that we are offering a FREE review of your employment contracts to identify any potential issues and if improvements to the contract are needed. If so, we can help with any alterations, and any work needed would be offered at a reduced rate as an existing client of Bermans.
Andy Wood is a tax adviser and Barrister with ETC Tax. His clients include entrepreneurs, high-net-worth individuals, sports persons and entertainers and private companies. He believes passionately that all clients should get clear and decisive advice that should be delivered in plain English.
Introduction
This is the second and final article in this series. In the first, I considered fungible tokens such as Bitcoin and Ethereum. In this part, I consider Non-Fungible Tokens (“NFTS”), crypto-mining activities and other miscellaneous crypto activities. I also touch on compliance.