Expertise

At McCarthy Denning we have brought together a team of senior lawyers who are recognised as experts in their area of specialisation by both clients and leading legal directories. Unlike many of their peers in the leading traditional firms, however, our lawyers pride themselves on their willingness and ability to go the extra mile. They not only bring commercial expertise to the solving of legal problems, but use their business ideas and networks of contacts to solve commercial problems and create profitable opportunities for our clients.

Practice areas

Africa

Our Africa Practice is a niche banking, finance, projects, corporate and commercial practise focusing on hard infrastructure, agribusiness, social housing, power, energy (including renewable energy) and technology. We focus in particular in sub-Saharan Africa but have significant experience in most emerging markets including Asia, Central and Eastern Europe and Latin America.

The members of the Africa Practice team comprise senior and experienced lawyers from large international law firms who are first and foremost passionate about the development of the Continent on the right terms. Consequently, they all specialise in African transactions and other emerging markets transactions across a wide and varied range of sectors including banks, energy and resources, funds, industrials, insurance, mining, private equity, real estate, telecommunication, transportation and water. The overwhelming driving force and ethos behind the African Practice team is commitment to deliver excellent, constructive and practical quality advice and service to our clients.

For more information on our Africa Practice please contact Francis Nwokedi.

Banking & Finance

Our banking and finance lawyers act for lenders and borrowers on a variety of secured and unsecured financing transactions from straightforward senior lending through to mezzanine debt and convertible loan notes. Traditionally firms have treated some of this work as commoditised and largely pushed it down to junior lawyers, but we believe that this led to documentation being found wanting when the financial crisis hit in 2008 and that partner-level attention is never out of place in financing transactions.

Particular areas of expertise include:

  • real estate finance: acting on property development and investment financings, including lending against single assets and portfolios of commercial projects (including hotels, pubs and other leisure facilities) and on urban regeneration and mixed-use projects.
  • acquisition finance and structured finance: acting for corporate borrowers, senior/mezzanine lenders and hedge fund/other alternative lenders in relation to pre-IPO financings, advising issuers on bond and note listings and management buy-out/buy-in teams and private equity backers on all aspects of acquisition finance.
  • project finance including PFI/PPP: acting on the financing of domestic and international infrastructure including projects in the rail, telecoms, water, natural resources, energy, waste, health and education sectors.

The team regularly advises leading domestic and overseas lenders on the taking of security over UK assets and the related intercreditor arrangements. We also co-ordinate the taking of security across multiple jurisdictions.

For more information about our expertise in banking and debt finance please contact Jon Leggett.

Charity & Not for Profit

Charities, not for profit and social enterprises have a number of unique elements, whilst also needing legal support in the same way as any other business. We recognise the difference between those unique elements and the more commonplace and use our specialist knowledge to provide advice to a wide range of charities in respect of all of the legal issues that they face. Many of our partners serve as charity trustees themselves and we understand from both sides of the fence the challenges, opportunities and problems charities encounter.

We advise organisations with all types of legal structure, pursuing a diverse range of causes. These include grant-makers, benevolent funds, Royal Charter bodies, livery company charities, “in house” charities of businesses, public sector services and UK and international cross border charities. Causes range from social care, medical, scientific research, almshouses, community organisations, arts, cultural and heritage, education, independent schools, sports and recreation, military, religion, the environment and animal welfare.

The myriad of organisations providing support and services to charities, such as fundraisers, landlords and donors, also seek our in-depth and specialist knowledge.

We advise on everything charities face in their lifetimes, from formation through to winding up. Our charities team has seen and advised on the day to day issues faced by charities, and those working with charities, as well as those tricky, complex and unusual matters which only arise once in a generation. Some examples of our work are:

 

Governance, constitution and formation

We advise on all aspects of governance of charities, from the formation of new charities, through to the interpretation and amendment of existing constitutions, mergers, collaborative working and restructuring and best practice on running charities. Where the approval or engagement of regulatory bodies, such as the Charity Commission or the Office of the Scottish Charity Regulator, is required, we advise on the process and liaise with the relevant bodies.

We provide training for trustees on their duties and responsibilities, both statutory and common law, a clear understanding of which is essential to the smooth and legal operation of a corporate or trust charity.

We are also experienced in advising charities responding to statutory enquiries and dealing with appeals to the Charities Tribunal process (our team has appeared several times before both the First Tier Tribunal and the Appellate Tribunal).

Ensuring that public benefit obligations are met is fundamental for trustees and we assist them in navigating the complexities of the legislation and statutory guidance.

 

Fundraising

Fundraising is a very wide and intricate area covering issues from fundraising events to statutory fundraising such as commercial participation, professional fundraising (including street and house-to-house collections) and lotteries. However it does not end here, as it also encompasses the rules relating to collection tins, film placement, individual donations, sponsorship and corporate partnerships.

We advise charities, those organisations supporting charities and those proving fundraising services on these issues, ensuring that effective and compliant systems are developed to maximise the funds raised.

 

Trust matters

Charities and donors face many complicated trust issues, sometimes dating back many decades or even centuries. These may relate to restricted donations, the use of permanent endowment property and investments and the application of income. We are experienced in advising on all such matters, as well as those arising from potential breaches of trust by trustees and the operation of unincorporated charities.

 

Businesses and employers with in-house charities

Many organisations manage their corporate social responsibility obligations through “in house” or linked charities. Such organisations face difficulties relating to the potential conflict of interests arising from their close relationship with their main funder. We have extensive experience of balancing these conflicting obligations and requirements and maintaining the charity’s independence, whilst meeting the requirements of the funder and managing the close relationships between the two.

 

Lifetime philanthropy and legacies

The culture of philanthropy remains strong in the UK despite the pressures on the economy over recent years. We assist and advise on all aspects of the philanthropic process, ensuring that philanthropists can meet their own requirements in respect of the process without fettering the discretion of trustees and undermining the gift being made.

Legacy income may be an occasional windfall or a significant funding stream, depending on the charity. We are experienced in advising on legacy literature and materials, as well as all aspects of legacy receipt, including where conditions apply or contentious matters arise.

 

Real estate

Dealing with charity land, whether as a charity or a third party, can be convoluted because of the many related legal requirements, such as the need for specialist advice for trustees when selling real estate to the obligations on purchasers to ensure that matters have been effectively managed.

 

Research and publication

A particular area of interest to McCarthy Denning is that of scientific and related research. There are many complexities between the need to protect and develop the intellectual property in research, whilst ensuring that knowledge is disseminated to meet public benefit objectives.

Our intellectual property team is experienced in advising not only on the protection of intellectual property, but on achieving a balance between protection and publication. This can involve dissemination of confidential information along with the management of trade mark and patent portfolios, as well as the management of free information resources.

 

Tax

The Corporation Tax Act and the Income and Corporation Taxes Act make special provisions for charities in a wide range of areas from income to investment and spending. We are adept at taking charities through the HMRC registration process and to provide tax advice on all areas of a charities operations.

For more information about our expertise in charity and not for profit please contact Benjamin James.

Commercial

A wide range of advisory and contract services fall under the general banner “commercial”. Generally we consider this to relate to commercial contracts and assisting you with an understanding of the legal implications of your commercial relationships and arrangements. We advise on both tradition agreements and e-commerce agreements.

The advice that we give brings together many legal disciplines so that holistic advice can be provided on the full relationship. This includes employment, intellectual property, public law, litigation and projects. We provide our advice to individuals, companies, charities, trusts and partnerships.

We advise on a full range of commercial contracts, advising everyone from entrepreneurs to multi-nationals, financial service institutions to individuals and charities. We draft complex bespoke contracts as well as advising on the implications of standard documents. We also prepare template agreements for use by clients on a regular basis, these include advisory notes and are easy to adapt for different situations.

Examples of agreements which we draft include:

  • bespoke agreements;
  • standard terms and conditions for the sale and supply of goods and/or services;
  • lease agreements;
  • procurement agreements;
  • joint venture and collaboration agreements;
  • partnership and shareholders agreements;
  • website, software and hosting agreement;
  • licensing agreements;
  • outsourcing agreements;
  • agency and distribution agreements

For more information on our expertise in commercial matters please contact Benjamin James.

Commercial Real Estate

Our experienced commercial real estate team provides in-depth advice and assistance on the whole range of commercial property transactions. We represent individuals and companies with business premises right up to institutional investors with multiple commercial property holdings across all sectors including retail, leisure, industrial, office, agricultural land and developments.

More particularly, we specialise in:

  • acquisitions, disposals, lettings and sub-lettings
  • sale and leasebacks
  • landlord and tenant issues
  • planning
  • rent reviews and lease surrenders
  • property and construction disputes
  • refurbishment and fit-out projects
  • lending  and taking of security

For more information on our expertise in commercial real estate please contact Clare Regan.

Construction & Engineering

Our construction and engineering lawyers work with clients undertaking a variety of different projects from large regenerations to individual house builds.  They have worked with major real estate developers, retailers, luxury hotel chains, energy companies, and public services providers in healthcare, transport and education.  One of our lawyers even worked with the Olympic Delivery Authority to help deliver facilities for the London 2012 Games.

Our lawyers have particular expertise with critical infrastructure projects, particularly those projects which require the construction sector to work together with energy, technology and telecommunications.  Our lawyers’ work on data centre projects, “smart city” projects and other critical infrastructure has received many accolades.  Our team works in the UK and internationally, since contracts are frequently let under English law.

We are not afraid to roll our sleeves up, to understand the construction methodology and the technology being used, in order to identify risks and help our clients to manage them effectively.

For more information about our expertise in construction and engineering please contact Ed Cooke.

Corporate

As well as our expertise in Equity Capital Markets work, Mergers and Acquisitions and Venture Capital and Private Equity, our corporate lawyers bring their many years of experience to bear in handling a full range of other corporate and commercial matters including:

  • joint ventures and shareholder agreements
  • reorganisations
  • financial services regulation

For more information about our expertise in corporate matters please contact Richard Beresford.

Debt Capital Markets

Our debt capital markets lawyers cover the whole spectrum of debt capital markets transactions including securitisation, structured debt, regulatory capital, high yield, trusts, structured credit derivatives and Shari’ah compliant capital markets transactions.

We advise both issuers and underwriters and work on innovative “first time” transactions in established and new frontier/emerging markets. Our expertise in debt capital markets products include investment and sub investment grade bonds; MTN programmes, repackaging programmes, asset backed securities (ABS), commercial mortgaged backed securities (CMBS), residential mortgage backed securities (RMBS), conduits, commercial paper programmes and hybrid transactions.

We also provide a London-based US Securities practise which advices on all aspects of US securities laws and regulations.

For more information about our expertise in debt capital markets please contact Francis Nwokedi.

For more information about our expertise in US securities laws please contact Wayne James Rapozo.

Employment for businesses

Employment matters go to the heart of most businesses, and getting the best possible advice has to be a priority. Our employment lawyers have several years of experience covering both contentious and non-contentions employment law matters. That experience enables them to guide our clients confidently through the complex arena that employment law represents for many. Our lawyers adopt a pragmatic and commercial approach when advising business clients, and are focused on remaining sympathetic to the wider commercial and managerial concerns of a business, when handling sensitive, employment-related matters.  In a traditional firm, employment law work can get pushed down to the more junior lawyers of the department, but, in our view, the employer-employee relationship is a mission-critical aspect of any successful business, which requires the range and depth of experience only available at partner level.

Areas covered by the team include:

  • Appointment and dismissal of employees and senior executives
  • Negotiating and drafting appointment letters, service and employment agreements
  • Consultancy agreements
  • Drafting and implementing employment policies and handbooks
  • Negotiating and drafting settlement agreements
  • Redundancy and termination advice and assistance
  • Drafting and advising on restrictive covenants and confidentiality restrictions
  • Employment related input on transactional matters, including changing terms of employment and TUPE advice

For more information regarding our employment law practice, please contact Marilyn Heward-Mills.

Employment for senior management

Directors and members of senior management need employment law advice from an experienced lawyer who can grasp the complex and delicate dynamics that can exist at the highest levels of an organisation. Whether you are negotiating the terms of your employment or the termination thereof, our employment specialists can help you achieve your goals in a cost-effective and pragmatic way.

Areas covered by the team include:

  • Appointment and dismissal of employees and senior executives
  • Negotiating and drafting appointment letters, service and employment agreements
  • Consultancy agreements
  • Drafting and implementing employment policies and handbooks
  • Negotiating and drafting settlement agreements
  • Redundancy and termination advice and assistance
  • Drafting and advising on restrictive covenants and confidentiality restrictions
  • Employment related input on transactional matters, including changing terms of employment and TUPE advice

For more information regarding our employment law practice, please contact Marilyn Heward-Mills.

Equity capital markets

Whether you are launching an IPO, undertaking a secondary fund raising or simply coming to the market, you need senior lawyers who not only know what they are doing, but are willing to use their networks of contacts (including PR agencies, sponsors, nomads, brokers, investor relations specialists and accountants) to help you pull together the right advisory team. Our corporate lawyers will do just that. They act for nomads and brokers as well as companies coming to, or raising money on, markets such as the Official List, AIM or GXG and this has given them a wealth of connections and skills which can be put at your disposal. More often than not these public markets transactions involve an international element with the team’s recent IPO’s involving countries such as Singapore, Malaysia, Malta, China and Macau.

For more information about our expertise in equity capital markets please contact Richard Beresford.

EU & competition law

With Julian Maitland-Walker’s long established reputation as an EU & competition law specialist we can boast one of the leading niche UK practices in the field.

Our areas of expertise include the following:

  • Anti-competitive practices – we offer advice on EU and UK competition law, covering all aspects of commercial activity including marketing, distribution, franchising, IP licensing, R&D agreements and specialisation.
  • Compliance programmes – undertaking competition compliance audits, establishing corporate compliance programmes and providing monitoring and “hotline” advice services.
  • Regulatory investigations – the team has considerable experience in handling “dawn raids” and other investigations by regulatory authorities, providing a rapid and effective response when required.
  • Mergers & acquisitions – one of the team’s principal activities is advising on the regulatory and filing requirements under EU and UK law with regard to mergers and acquisitions. We offer the complete service from initial advice to the preparation of the required filings and obtaining clearance.
  • Leniency – the team is experienced in assisting clients in leniency applications for competition law infringement and the obtaining of immunity from proceedings on behalf of directors and officers.
  • Competition/anti-trust litigation – members of the team have unrivalled experience in competition law litigation having acted for both claimants and defendants in competition law litigation. They acted for the claimants in the first case in which damages for infringement of competition law were awarded. They also acted for the claimant in the first ever grant of interim measures by the Office of Fair Trading.
  • Trade law – members of the team advise clients on all aspects of international trade.

In addition the team regularly offers advice on:

  • state aids and public procurement;
  • EC anti-dumping investigations; and
  • implementation of EU regulatory provisions under national law.

For more information on our expertise in EU and competition law please contact ‪ Julian Maitland-Walker ‬.

Individuals

Historically work for individuals has been referred to as “Private Client” or “Private Wealth” work. Often this is off putting and can cause confusion, therefore, whilst we undertake all of the work which traditionally appears under these headings, we usually refer to this work more simply as “Services for Individuals”.

For individuals the main work that we undertake comprises:

  • Wills and Codicils;
  • Probate and Estate Administration;
  • Care of the Elderly including living wills, powers of attorney and lasting powers of attorney;
  • UK and International Tax Planning; and
  • advising on:
    • the making of large gifts;
    • charitable gifts and philanthropy; and
    • creating and administering trusts.

We also advise individuals on commercial agreements, employment, privacy, conveyancing, partnerships and liability issues. Often there is an element of overlap with traditional corporate and commercial services and the only difference is that we are advising individuals rather than companies. The types of agreements for individuals are often different from when advising companies, for example, when an individual employs another person for a specific role, such as a carer.

Our model is specifically designed to assist and support individual clients. Access to partner led advice is often essential as the experience built up by our team allows us to provide clear and concise advice quickly in an easily understandable way, no matter the issue which is brought to us.

We have excellent international relationships and can advise on issues which are centred in the UK and also have international implications. We can either refer you for specialist advice in other jurisdictions or work with an international team to provide the necessary solutions. Our international tax team are able to advise on all issues of taxation impacting on UK tax payers.

Often individuals have unique problems on which we will also seek to provide contrastive comment and innovative solutions. However, where there are simple answers we do not seek to reinvent the wheel and provide the simplest means of achieving an aim.

For more information please contact Benjamin James.

Insurance & reinsurance

Our insurance and reinsurance team advise businesses from around the world involved in the transfer of risk. Our lawyers have decades of experience in representing insurers, reinsurers, Lloyd’s syndicate, brokers, underwriting agencies, run-off entities and ILS funds in relation to disputes and deals. They have been involved in some of the most complex multijurisdictional disputes and innovative transactions.

Our team prides itself on its commercial approach to issues and seeks to take a strategic view to problem solving to add commercial as well as legal value to the client’s business.

Our lawyers have particular experience in:

  • reinsurance arbitration and litigation;
  • Bermuda form arbitration;
  • recovery of reinsurance debts;
  • wording drafting;
  • product development;
  • alternative risk transfer;
  • insurance linked securities;
  • insurance and reinsurance brokers;
  • underwriting agents;
  • run off solutions; and
  • regulatory issues.

For more information about our expertise in litigation and dispute resolution please contact Clive O’Connell.

Intellectual Property

Intellectual property has ramifications for clients and virtually every sector. With the growing appreciation of these rights, coms an increased demand for expert advice and assistance, both strategic and day to day. Our intellectual property practice advise on all aspects of the law relating to this area and we act for many clients in the corporate and charitable sectors.

Intellectual properties of one of a business’ is most valuable assets. We offer a strategic advice about the shape of intellectual property portfolios and provide assistance in securing protection for all types of intellectual property, to suit the needs of our clients.

 

Trade Marks

Whether your trade mark use your name, the name of the company, or logo, and advertising jingle, the shape of the goods you sell, or any other distinctive sign used to bring customers and clients are back to you, it needs careful protection. It is the mark by which you recognised.

Whether it is an application to protect your trade marks or the maintenance of the portfolio, careful management is needed. We undertake the application process for UK or the trade marks and operate with agents that the world. We also heavily involved in licensing, whether this is for, a franchise, charity fundraising or agents of licence.

Sometimes a third party may infringe one of your marks. This may be through the use of or an identical or similar mark or by seeking to register an identical or similar mark as a trade mark. We are experienced in opposition proceedings before the trade mark registries to prevent the registration of the infringing marks and in litigation before the courts to the stop the use of infringing marks whether they are being used for commercial or charitable purposes.

 

Copyright

Copyright is a property right which arises in original literary, dramatic, musical or artistic works, sound recordings, films and typographical arrangements. The right arises automatically when a new work is created. In the UK registration is not required and copyright vests in the either the creator or their employer.

We advise on the ownership and protection of if copyright and assist with assignments of copyright when the work is created on commission. Use of copyright by third parties under licence can be an important source of revenue for artists, musicians, authors and consultants. We assist with licensing and exploitation of copyright in all its forms.

We act for artists, sculptors, musicians, performers and all types of businesses in relation to the development and exploitation of their copyright.

 

Designs

Undertakes any registrations for you When an initial creation is made in 3D form copyright ceases to apply and one or more of the design rights arises. It is possible to have an unregistered UK design right, a registered UK design rights, an unregistered European design right or a registered up and design right. Choosing which design right is correct for your needs can be complicated. We seek to make the process is easy as possible and to undertake any relevant registrations for you.

Again assignment and management of portfolios and licensing specific designs for commercial exploitation are areas where we have a great deal of experience.

 

Patents

When an idea results in a new technical affect it may be possible to register this new products or system as a patent. Few bright ideas can learn anything for them event as if they are kept secret: a patent you see an exclusive rights over the inventions are they can exploit it themselves or licensee to others.

But any patent is a highly technical process, require knowledge of the relevant said technology, as well as the Beatles and regulations governing the application process. We advise clients on the protection of their ideas and work with specialists in a wide range of fields to assist our clients through the application process.

Most of our work relates to strategic work relating to the protection of ideas, confidential information and exploitation of rights held. Generally we work in this area on exploitation and specifically licensing of patents. We also routinely work on agreements between inventors and employers and prosecuting or defending infringement.

 

Domain names

Management of domain names is a more recent development for intellectual property lawyers. Protecting your name in the virtual world is as important as in the physical world. Developing a domain name strategy is important, not only to protect your name, but ensure that cost and managed.

As the number of top level domain names increases it is virtually impossible to own every possible variation of your name. Further, all that is needed is a change of one letter to create a completely different domain name or the inclusion of a word such as “sucks” to create a new domain that would be harmful to your reputation.

We assist with cost effective strategies to protect your domains and if an attack happens we are there to help. Whether this is to take proceedings to wrestle a domain name from a squatter or an injunction to prevent defamation.

 

Branding

The development of a brand is vital for every organisation. Often this is a combination of developing copyrights and trade marks along with the overall look and feel of your products and services. To ensure that you are not infringing anyone’s rights clearance searches often required. We assist with all aspects of brand development and the protection of new brands.

We act for both consultants developing grounds and the clients, ensuring that rights are held by the correct entity and that development agreements cover all the necessary requirements. If an infringement occurs we take all necessary action to protect the brand.

For more information about our expertise in intellectual property please contact Benjamin James.

Litigation & dispute resolution

Our litigation and dispute resolution team members are highly rated – The Legal 500 describes them as  “outstanding“. Team member, Rupert Croft, is “one of the top litigation solicitors in the UK” and “really understands how litigation works in a way few can match“.

Our primary concern is to resolve disputes as quickly and advantageously as possible, always weighing the possible outcomes against the costs and risks of litigation. We represent clients in both the High Court and County Court, but are equally willing to use Alternative Dispute Resolution mechanisms such as mediation to achieve the best solution. The litigation and dispute resolution team works closely with our corporate lawyers on commercial matters and this brings an added dimension that from the foundation of the firm has attracted high-profile and complex commercial disputes.

We are more than willing to work with third party litigation funders and will also consider damages based agreements and conditional fee arrangements.

The types of cases in which we act include:

  • contractual claims;
  • shareholder disputes;
  • company and partnership disputes;
  • professional negligence claims;
  • financial services;
  • property disputes;
  • intellectual property; and
  • tax disputes.

Examples of significant recent cases handled by members of the team include:

  • Landmark case on damages for infringement of competition law before the Court of Appeal and House of Lords (now Supreme Court) (Crehan v. Inntrepreneur).
  • Representing the trademark owner in a multinational trademark dispute involving proceedings before the EC Trade Mark Office and the Court of First Instance.
  • Representing an international association of publishers of scientific, technical and medical journals in complaint against the German Government for defective implementation of the Copyright Directive EC 2001/29.
  • Representing British parallel importers of pharmaceuticals in trade mark proceedings arising out of parallel trade.
  • Worldwide freezing injunctions on behalf of victims of international fraud.
  • Shareholders disputes, including petitions for unfair prejudice.
  • Construction arbitration.
  • Appeal against HMRC in the VAT and duties tribunal.

For more information about our expertise in litigation and dispute resolution please contact Ian Timlin.

Mergers & acquisitions

Private company mergers and acquisitions are a core part of what our corporate team does and they are extremely good at them – clients praise team members for attributes such as being “commercially astute” and having “excellent negotiation skills”. A crucial part of the team’s approach is to take the time to understand the commercial aims behind the transaction they are advising on and then apply themselves to achieving them. Both Chambers UK and The Legal 500 laud members of our corporate team for having just such qualities. It is disappointing how many lawyers seem to view negotiations as more of an opportunity for “point-scoring” than for getting their clients to where they want to be.

Cross-border transactions call for not just commercial awareness and technical legal understanding, but for sensitivity to cross-cultural issues. Many years of experience of working on acquisitions involving companies in Europe, Africa, Asia and North and South America have given our corporate lawyers the flair needed to successfully navigate the nuances of international deals.

All of this, together with our willingness to really work on a fee basis other than “by the hour”, is, we think, an unbeatable combination when it comes to mergers and acquisitions and our clients would seem to agree.

For more information about our expertise in mergers and acquisitions please contact Richard Beresford.

Residential Real Estate

Whether it is a large-scale residential development, the acquisition of a portfolio of residential investment properties or a one-off acquisition of a high-value house or apartment, our residential property lawyers have considerable expertise and in-depth knowledge of the market. They advise on all the legal aspects of purchasing residential properties, both freehold and leasehold. The team also advises on re-mortgages and residential landlord & tenant matters including freehold acquisitions by leaseholders and lease extensions.

For more information on our expertise in residential real estate please contact our Clare Regan.

Restructuring

Our restructuring lawyers act for companies, company directors, and a variety of creditors including institutional lenders, bondholders, landlords and funds (including funds engaged in buying debt on a loan-to-own basis with subsequent restructuring).

They combine clear legal advice with commercial acumen, a great wealth of experience and credibility in order to present realistically achievable and/or innovative solutions to restructuring problems. They are very much solution focused.

Our restructuring team works with lawyers in the firm with other areas of expertise (such as employment, pensions, tax, litigation) as required and has relationships with teams in other jurisdictions in order to handle cross jurisdictional restructurings as well as having experience of working in other jurisdictions.

Typical activities include:

  • debt and equity restructurings and reschedulings;
  • interim protection of core businesses;
  • refinancings;
  • debt-for-equity swaps;
  • purchase of distressed debts (singularly or in debt portfolios) and advising on loan-to-own options;
  • sales/acquisition of distressed businesses;
  • security reviews and enforcement options;
  • corporate insolvency regimes;
  • advising on directors’ duties;
  • advising on creditors’ rights;
  • insolvency investigations and litigation;
  • fraud and asset tracing; and
  • personal insolvency.

For more information about our expertise in banking and debt finance please contact Jon Leggett.

Tax

Our tax team advises owner-managed businesses, multinationals, financial institutions and high net worth individuals on the tax aspects of their business arid personal matters.

 

Corporate Tax

We advise on all corporate transactions including:

  • IPOs, rights issues and share placings;
  • UK and cross-border mergers, acquisitions, takeovers and joint ventures;
  • management buy-outs including in the venture capital and private equity fields;
  • de-mergers and all types of reconstructions, capital reductions and share buy-backs;
  • UK and global internal re-organisations; and
    tax efficient structuring for groups.

 

Banking and Finance Tax

We advise clients on all tax issues relating to:

  • UK and cross border debt financing;
    structured finance; and
  • asset finance far asset classes such as ships, aircraft and films.

 

Technology and New Media Tax

Our particular expertise includes:

  • advising start-ups on launching digital services;
  • advising on worldwide licence and distribution agreements;
  • advising on VAT efficient structures for digital services and broadcasting;
  • withholding and other taxes on royalties and licence payments; and
  • SEIS and EIS for tech start-ups.

 

Real Estate Tax

We advise on:

  • The Annual Tax on Enveloped Dwellings (ATED) and capital gains tax on residential properties held by corporate entities.
  • UK managed property issues including stamp duty land tax, VAT and capital allowances.
  • The Non Resident Landlord Scheme.
  • Refinancings of UK investment properties.
    Property funds.

 

Tax Disputes and Tax Investigations

The benefit of using a solicitor is that all communications between the client and solicitor are subject to legal privilege. Experience includes:

  • COP 8 & 9 Investigations.
  • Assisting film finance clients on HMRC investigations into tax-driven partnership schemes.
  • Advising clients on HMRC’s contractor loan scheme settlement opportunity.

 

Employment Tax, Executive Compensation and Termination of Employment

We advise on:

  • All types of employee share incentive and cash bonus arrangements such as EMI, EIS, SIPS, CSOPs and growth shares.
  • All other employee benefits and payments made on the termination of employment.

For more information about our expertise in tax please contact Fionnuala Lynch.

Venture capital & private equity

Whether you are just starting out in business, going through a high-growth phase or hoping to launch a management buy-out you need advisors who not only have the specialist skills to deal with the myriad of complex legal issues that arise, but who understand the entrepreneurial urge, who “get” where you are coming from. The key members of our corporate team are all entrepreneurs in their own right (having founded, launched or helped finance a number of businesses) or who sit on or chair the boards of entrepreneurial companies. That wealth of experience gives them the insight needed to help you get to where you want to go – it also gives the team the connections (whether they be with financial investors, brokers or potential strategic partners) that will, hopefully, help you raise the funds needed to finance that journey.

As well as acting for start-ups, high-growth businesses and management buy-out and buy-in teams, our corporate lawyers advise venture capitalists and private equity investors. This gives them another invaluable perspective, enabling them to put themselves in the shoes of the other side; to understand the motives and parameters that drive and constrain the counterparty’s approach to negotiating a deal.

For more information about our expertise in venture capital and private equity please contact Richard Beresford.