Call: 1988 (Inner Temple)
Associations: Midland & South Eastern Circuit

Practice Areas: Commercial & Chancery – Consumer CreditCivil

Trevor accepts instructions to represent and advise in a wide range of Fast Track and Multi-Track claims relating to Commercial and Chancery Law. He is always keen to develop a strong rapport with his professional and lay-clients, he provides advice and guidance both pre-issue and throughout the litigation process. In addition, he has a well-established and respected profile among his instructing solicitors for undertaking meticulous research and, most importantly, delivering excellent results.

Commercial Law

His practice covers most areas of Commercial Law together with Director’s Duties and concomitant liability dispute resolution. He is able to draft Company documents, articles of association and share issue deeds and frequently advises companies on legislative compliance relating to their business terms and conditions.

Trusts of Land and Appointment of Trustees Act

Trevor’s practice focuses on complex finance proceedings, typically in the mid to high net worth value cases. He is regularly instructed to advise upon the treatment and distribution of family businesses and trusts outside the divorce context. He is an expert in cohabitation disputes, particularly in the context of disputed property ownership and related areas. His expertise in fraudulent/Sham trust arrangements and TOLATA proceedings can be of particular use when the proprietary rights of a “third party” are likely to be affected in Financial Remedy proceedings.

Consumer Credit

Trevor is a specialist in all consumer credit – related matters, acting for established High Street banks, credit card providers, independent creditors and assignees of regulated agreements.

Trevor has been instructed in all of the well-publicised consumer arguments including unfair bank charges, s.77-79 CCA 1974 requests, mis-sold insurance and investment products, s.140 unfair relationship claims, and secret commissions.

Trevor can provide expert advice and consultation services on CCA 1974 requirements and the implementation of compliant procedures.

Recently, Trevor and his civil team have been heavily involved in the PPI litigation following the Plevin judgment and 2017 FCA redress scheme for unfair relationships owing to the payment of an excessive commission. Chambers’ act for a number of High Street lenders achieving consistent successful outcomes for our clients.

Trevor is presently acting for a number of motor finance lenders facing multiple claims based on alleged secret commissions paid to Brokers. Such claims pursue rescission of the finance agreement and compensation for an unfair relationship. Trevor has achieved a successful dismissal of the rescission claim in every case that he has been instructed on to date. With the number of claims ever increasing, Trevor and the Halcyon Motor Finance team are at the forefront of this new and evolving litigation.

Insolvency

Trevor undertakes extensive advocacy and advisory work in TOLATA claims including matters under s.13 in insolvency proceedings. He appears in both the County Court and High Court for both creditors and debtors across a wide range of commercial and personal insolvency matters.

Trevor accepts instructions for work in any court within England and Wales and travels extensively to courts around the country and is pleased to accept instructions on a Direct Access basis.

 

Reported Cases

Promontory (Chestnut) Ltd v Simpson & Anor [2021] EWCA Civ 1682 – Appeared in the Court of Appeal, leading Katie Wilkinson and Thomas Wheeler, in a conjoined appeal case that ruled on disclosure obligations of the assignee under s.136 of the Law of Property Act 1925 in litigation. A copy of the judgment can be found here.

 

Recent Articles

Motor Finance Claims – The concept of ‘Agency’ – Consumer Credit

Secret commissions: the scope and effect of Wood v Commercial First – Consumer Credit

Trevor Berriman