Bertram Beor-Roberts

Bertie regularly appears on behalf of creditors, debtors, and office holders in proceedings for both corporate and personal insolvency.

He can assist at all stages of the winding up and bankruptcy processes and accepts instructions in matters such as transactions at an undervalue and void dispositions, challenges to office holders’ remuneration, applications to remove and appoint office-holders, freezing orders and proprietary injunctions, and proprietary and personal remedies.

Recent cases include:

• Obtaining an order on behalf of joint liquidators that a director produce documents and information that was being withheld.
• Obtaining an order that advertisement of a winding up petition be restrained pending assessment of the size of a counterclaim.

Bertie’s property practice encompasses landlord and tenant disputes and wider issues in property litigation. As well as regularly appearing for both tenants and landlords in possession claims under Part 55 procedure, Bertie has advised on common intention constructive trusts, obtaining charging orders, obtaining orders for sale under TOLATA 1996, the removal of restrictions from the Land Register, and restrictive covenants in residential and commercial contexts.

Recent cases include:

• Successfully applying for a judgment for rental arrears to be set aside.
• Settling a Defence on the basis of a common intention constructive trust and proprietary estoppel.
• Advising on prospects of making a claim for possession where there was a disputed business tenancy.
• Advising on prospects of an opponent successfully arguing they had severed a joint tenancy.
• During pupillage, assisting in advising how to obtain damages for property damage stemming from a negligent property search.

Bertie acts across the range of commercial litigation, both as an advocate at interim applications and final hearing, and in providing advice and settling statements of case. He frequently appears on behalf of clients ranging from individuals, small and medium businesses, large corporations, banks and finance institutions. He accepts instructions in matters such as sale and carriage of goods disputes, construction of contracts and contractual disputes, misrepresentation, securities and guarantees, and civil fraud.

Recent cases include:

• Obtaining an order that a claim be struck out on the basis of judicial immunity
• Successfully seeking an order for costs for unreasonable behaviour where costs were otherwise capped on the small claims track.
• Obtaining an order that a claim be struck out unless compliant particulars of claim were filed.
• During pupillage, assisting advising on a complex dispute arising from an agreement to redevelop a sports club.
• During pupillage, assisting at a mediation to resolve a dispute concerning alleged breach of a sponsorship agreement.
• Successfully litigating several claims on the small claims track.

Bertie’s practice encompasses all areas of company law, regularly advising clients and appearing in court of their behalf. As well as applications under the Companies Act 2006, Bertie acts in shareholder disputes, partnership, de facto partnership, limited partnership and limited liability partnership matters, the sale of shares and businesses, and applications under the Company Directors Disqualification Act 1986.

Recent cases include:

• Successfully seeking removal of charges from the Companies Register.
• Advising on restraint of trade and restrictive covenants in a share purchase agreement.
• Assisting in reaching a settlement in a mediation stemming from an unfair prejudice petition.

Bertie has a burgeoning banking and finance practice. During pupillage he assisted in a range of cases concerning asset finance, leasing agreements, mortgages, guarantees, and consumer credit matters, at trial and in mediation. His experience also extends to FCA regulatory investigations, financial instruments, and other cases involving FSMA.

Recent cases include:

• Assisting lead counsel in a significant claim for mis-selling contracts for difference (CFDs).
• Assisting in a series of claims by a financier in a wide range of tri-partite asset leasing agreements.
• Regulatory action concerning alleged dividend arbitrage fraud.
• Advising on recovery of funds misappropriated as a result of labour supply fraud.

Bertie welcomes instructions concerning allegations of professional negligence, particularly where they intersect with his other practice areas. During pupillage, he assisted in a multimillion-pound claim against a business valuation practice.

Bertie welcomes instructions in all areas of wills, trusts, and probate, including applications under the Inheritance Act 1975, advising on the interpretation of wills, and acting where wills contested on the grounds of duress or undue influence.

Recent cases include:

• Settling a Defence to a claim for possession on the basis of a common intention constructive trust.
• Advising an insurer on the likelihood of a constructive trust defeating a claim for contribution.