Thornton Legal meets....Nick Harvey

Nick is a highly respected commercial litigator and cited by the Legal 500 as one of the top lawyers in the North West. As well as being Head of Litigation at Bermans, he also co-founder of the multi-award winning dispute resolution product, Escalate

Click here for Nick's profile on the Bermans website. 

  • Can you tell us a bit about your background, and your role at Escalate?

I am head of litigation of full-service law firm, Bermans and have been with the firm for 25 + years. My experience over the past 5-10 years demonstrated that the commercial dispute market for SMEs has been fragile for a long time, with high upfront costs, considerable financial risks and a slow process preventing access to justice for claimants. Nobody has tried to fix this problem – until the Escalate team started thinking about potential solutions.  

Escalate was founded by Chris Clay and I.  It was created as a collaborative venture involving accountancy firms, funders and insurers. In this way, we have brought together the dispute ‘supply chain’ into a packaged solution and encouraged everyone to assess the issues in a fresh way. The result was the ground-breaking, multi-award-winning Escalate process by which we now act as lawyer, funder and insurer and provide a full turnkey solution removing all cost and risk for SME’s in resolving disputes and collecting aged debt.

We continue to work closely with our team of partner firms – leading accountants, lawyers, funders and membership bodies – to give over 250,000 SMEs across the UK better access to justice through Escalate.

  • How’s business at the moment?

Whilst I am extremely conscious that for many, Covid 19 has been a nightmare and has presented huge challenges, at Escalate we are fortunate that all operations were already set up for remote working with document management platforms and cloud based technology. The packaged offering that Escalate offers too is exactly what SME businesses facing temporary liquidity problems need and we are finding that we are become increasingly busy as businesses tackle their problem accounts and outstanding debtors.

  • In the Covid19 era, what are the main challenges you face?

Court delays and communication challenges. Whilst the courts remain open for business and are trying to keep things moving the lack of administrative support is inevitably slowing down the processing of claims. This creates challenges but just means that we need to be even more proactive to remove all avoidable delays that are within our control and that is what we are trying to achieve. As regards communication, whilst we can embrace technologies such as Zoom and Microsoft Teams you cannot beat meeting clients and partners in person. Forging new partner relationships and exploring new markets is also more challenging in a lockdown environment.

  • What opportunities can you see? 

Plenty. The Escalate package is unique and as evidenced by the multiple awards that it has won is unparalleled in the commercial litigation market. Pre coronavirus the opportunities were massive, they are now even greater. Our legal and accounting partners too are feeding off the work opportunities that are being created.

What lockdown has done is accelerate people’s use of progressive forms of IT and communication and has opened eyes as to the different and more flexible, balanced and effective ways of working that exist.

  • How have you found lockdown?

Pre covid 19 I always felt some remote working was quite liberating and I found that I could be more productive without office distractions. Some team interaction in the office environment is vital though and that has been missed but on the whole I have found lockdown ok as I have been very busy and the team have embraced it too. Undoubtedly, as time goes on other challenges will arise but we will deal with them.

  • How have you kept in touch with colleagues?

Zoom and Microsoft Teams calls. I have delivered a few webinars too.

  • What about clients?

Again, Zoom and Microsoft Teams calls. I find these more effective than traditional phone calls. There is something more personal about a video call particularly where they are working from home. People seem more relaxed in their own space.

  • What do you think the biggest change will be post lockdown?

More flexible working and more effective use of time. Greater adoption and meaningful use of technology to facilitate it and a better balance in life for all as a result.

  • When we are able, what restaurant you will visit?

I’m really not sure, I think it will take a while before any restaurant experience will return to any form of ‘normality’.