Case Studies

Acted for the landlord on a claim made by the tenant that the landlord did not intend to undertake repair works that money was sought for. We swiftly and robustly rejected this position, by reference not only to legislation and case law, but also the factual matrix of the instant case. The case was consequently settled on favourable terms for the landlord.

Defective heating in our client’s office resulted in severe overheating in the summer and inadequate heating in the winter, causing staff to be sent home. We negotiated with the managing agents and landlord and were successful in securing a refund of previously paid service charges, a discount on future rent payments and, crucially, a replacement system to prevent the problems from reoccurring, the cost of which was met by the landlord, rather than through the service charge/sinking fund.

Successfully persuaded a corporate landlord to settle its claim against our clients for unauthorised use of premises. As a result of our industry expertise in both real estate and corporate insolvency we were able to not only dissuade the landlord from pursuing the matter through court, but also agree a settlement considerably below the sums originally claimed.

Acted for the tenant of office premises on opposing the landlord’s claim for substantial repairs. Our persuasive arguments resulted in a substantial discount being applied to the sums being sought by the Landlord, and a negotiated settlement to the benefit of our client.

Advised the liquidator of a property development company in relation to a restriction preventing the disposal of the sole remaining property, valued at in excess of £1m. Through careful and creative negotiations with the Council, the liquidator was able to sell the property and pay all of the debts and expenses, with only a nominal payment required to the Council.

Acted for a leading utility company on their successful claim for possession of a large area of land near William Girling reservoir in London. Approximately 110 tents and temporary buildings were removed in order to clear the site.

Acting for a well-known, national housebuilder over land they were acquiring that was trespassed by a local Football Club, who had started to build stadium works on it. We are advising on the rights of way and legal boundaries.

Represented a UK subsidiary of a US based Global Business Management Consulting firm to set-up in the UK

Represented an Indian owned Pharmaceutical company in obtaining valid working permissions to enable it to employ non-EU nationals

Represented a Chinese telecommunications company in relation to their general immigration issues

Advised on matters of UK law in connection with the admission of various companies to overseas stock-exchanges, including AIM Italia and The Hong Kong Stock Exchange.

Advised a Beijing-based mining company with assets in Mongolia on UK equity capital markets matters

Advised a Canadian investment fund on UK equity capital markets matters.

Drafted agreements for a ‘student services’ company for students (accommodation and tutoring) coming from China.

Acted for a UK distributor on international agreements with wholesalers, in particular in NZ and the USA

Supported a German company participating in a tender to provide services to the National Trust

Drafted a collaboration agreement for a Danish company which required specific expertise on competition law

Advised the sellers of a UK company on its sale to a US multi-national acquirer

Acted for US clients in enforcing US judgments, obtaining orders from the English court for witnesses to give depositions for proceedings in US courts, both State and Federal, and litigation and Alternative Dispute Resolution involving US-based clients.

Regularly recover owed money where either the client or the defendant is outside of the jurisdiction

Advised on jurisdictional issues arising in claims pre-issue and provided clients with advice on next steps and costs

Made a successful recovery for an EU bank that was due money from individuals in the UK under a guarantee and a charge

Acted for an EU bank in registering a large number of foreign judgments in the English courts and taking appropriate enforcement action in the UK

Advised an international company based in Australia on the impact of the UK Bribery Act relating to their UK and UAE operations

We acted for the Falklands Maritime Heritage Trust (FMHT) when the charity mounted an expedition to search for five German Battleships sunk at a depth of 1500 metres or more in the South Atlantic in November 1914. It involved chartering a ship to carry out the underwater search with special sonar equipment, negotiating an appropriate shipping contract, and also entering into a contract for a film to be made of the expedition by an independent production company as part of the historical record, for the benefit of the Stanley Museum in the Falkland Islands. Pitmans commercial teams were able to provide specialist shipping and intellectual property expertise to protect the FMHT Trustees under these unusual contracts.

We have successfully concluded and defended a number of claims by and against minority shareholders alleging unfair prejudice against majority shareholders and director

We have successfully pursued a claim in relation to breach of warranty at first instance and in the Court of Appeal, and are now instructed in Supreme Court proceedings to clarify the law relating to the amount of damages recoverable in such cases.

Advising a provider of technology-backed healthcare services in connection with the processing of sensitive personal data and drafting documentation to support their processes

Reviewing the document suite of a national provider of insurance-related services through a web portal in connection with GDPR compliance

Advisory and data breach notification work following a hack of a US-based business with a significant percentage of its customers located in the UK and EU

Investigation and pre-litigation correspondence in connection with the data theft of commercially sensitive business and personal information by a “bad leaver”

Acting for a student in connection with a Subject Access Request and associated issues arising from a failure to make adequate SEN provision following identification of special needs

The procedural nature of debt recovery means our work is similar in structure. Instead of case studies, our downloads demonstrate the successful processes we undertake for our clients on a regular basis.

Advising on restructuring of a union scheme benefits and de-risking.

Advising on powers and rights on proposal for a union scheme closure.

Sole advisors on the ground-breaking British Steel consultation building a coordinated response to unify parties, protect jobs and employee pensions.

We worked for the trustees of a newly established pension scheme for employees of a trade union. The trade union had two existing pension schemes and wished to establish a new defined benefits scheme, for future accrual, to accept an immediate first bulk transfer of one group of employees and a subsequent transfer of a second group of employees. We created an in-depth project plan to deliver timely advice to the trustees as well as preparing member communications and managing appropriate documentation.

Establishing new, open to accrual, defined benefit schemes for two unions and acting as ongoing legal adviser to the trustees.

Merging existing union schemes into more affordable pension arrangements.

Our clients range from private individuals to high-profile names (including politicians, sportsmen and celebrities with significant assets)

We advised an English Civil Servant working abroad in a volatile country, with a local wife, to ensure their small children would be brought up in England if they both died, rather than placing them in the hands of (unsuitable) local guardians, as per the local law. We were able to ensure the children would be financially secure whilst bearing minimum tax.

Our partnership with the Ridgeway Group exemplifies our approach and experience – a twenty-year relationship supporting its successful growth and expansion from start-up to exit (via the largest deal in the industry for a decade). Download the case study here.

We have recovered substantial sums in an international arbitration on behalf of a company supplying the aerospace industry.

Advised the directors of a company with financial issues caused by the US parent company. By advising upon the effect of the Administration on the terms of a lease, the client received a bonus payment on early termination.

Following concern by the not for profit employer on the increasing costs of sponsoring the Scheme, we are advising the Trustees of the Army and Navy Club on de-risking options including moving to a career average basis, adding a contingent asset, a pensions increase exchange and an enhanced transfer value.

We have worked with Berkshire Youth covering the full range of employment law issues including drafting contracts and policies, advising on sickness, redundancy, social media and misconduct issues, Settlement Agreements and dealing with sensitive investigations, dismissals and appeals involving privacy and child protection issues.

We worked with the River & Rowing Museum to undertake a wide ranging review of their Trustee and Membership provisions, both simplifying them and providing a new management structure in line with the Museum’s rapid growth and development since it opened in 1998.

We regularly work with Bridges Fund Management Ltd to provide transactional advice on their investment opportunities which always have a compelling social impact. They also give a percentage of all profits to Bridges Foundation which is a registered charity.

We’ve handled a number of legacy disputes including acting for trustees to dissolve a trust and distribute assets as well as negotiating a deal for two large charities to divide up shares before our beneficiary client’s death.

Data protection has been a key area of interest for the not-for-profit sector. We’ve acted for a charity to handle a challenge over wrongful processing of personal data which resulted in a successful negotiated outcome. We’ve also advised a charity on a breach involving personal data which included representing the charity during an investigation process by the charity’s stakeholders and advising on notification to the Information Commissioner’s Office.

We helped a British expat on how to tax-effectively leave money for his children, now past university age, in a trust whilst leaving enough to live on comfortably for the rest of his life.

We have advised on the termination of a major outsourcing agreement for a national infrastructure company and a claim for substantial damages.

We defended claims on behalf of well known motor manufacturers concerning alleged defects in ECU causing users to lose control and crash rendering them paraplegic. We successfully applied to the court to get one claim struck out and in another claim, after extensive investigations, negotiated a without prejudice settlement and without admission of liability after securing contribution from additional parties.

We acted for the Administrators of a biotech company based in the UK with subsidiaries in Germany and Finland, advising them on the steps to take in relation to the insolvent Finnish subsidiary based on Finish insolvency law. We also advised on Licences, Sub-Licences and Distribution Agreements relating to their materials.

In 2017 alone we advised on cases with a total net assets value of over £150m including over 30 cases involving businesses

Pitmans acted on the sale and subsequent re-investment by the shareholders on the management buy out of A World of Buzz Limited, the parent company of World of Books and, the UK’s principal seller of used books, DVDs, CDs and console games. This was a complicated deal involving a private equity backed acquirer, managers’ re-investing, founders reinvesting and debt funding, undertaken in seven weeks.

Advising a large telecom business in a High Court dispute regarding the termination of a Channel Partner Agreement.

A longstanding, close relationship with a leading IT distributor, resulting in the secondment of one of our team to establish an in-house legal team for our client. We continue to assist with distribution and reselling agreements and other complex matters including litigation, corporate and other work.

We helped two families to minimise capital gains tax and maximise income tax and inheritance tax planning opportunities on a shared commercial property in central London through shares and family trusts.

We recently obtained an injunction to prevent a third party taking control of shares in our client and prepared the case for an expedited trial in 9 weeks which was successfully settled allowing our client to keep control of its shares.

We acted for an insurer in a claim brought against it under a policy for household insurance that was cancelled by insurers because the Claimant’s claim was fraudulent. A counterclaim was brought for the recovery of the sums already paid out under the terms of the policy. The case was heard in Central London County Court over 2 days (with judgment reserved). The Judge dismissed the Claimant’s claim and allowed the insurer’s counterclaim.

Advised the management of South London arts centre Fairfield Halls on filing for administration and, in particular, the issues subsequently arising relating to data protection and the Local Government Pension Scheme.

We have represented clients in larger cases with net assets in excess of £20m

We advised a retired couple of UK and offshore domicile, but long resident in London, who held major assets in an offshore excluded property trust. We helped to restructure the family holdings to minimise future tax problems and avoid the heavy costs involved in maintaining the existing structure.

Pitmans acted for the founder and shareholders on the sale and MBO of World of Books and Ziffit. We advised and negotiated on behalf of the management team/shareholders’ their new service agreements and non-executive appointment letters, as well as settlement agreements and side letters to preserve employment/office longevity.

We have acted on a claim for damages in relation to the termination of a publicly procured data hosting agreement

We acted for the insurer in respect of a fire to their policyholder’s business premises which spread to other adjacent businesses resulting in losses estimated in the region of £7m. Forensic CCTV evidence was located and a full denial of liability maintained.

We acted for joint brokers Cantor Fitzgerald Europe and finnCap on a placing and open offer by Surface Transforms which raised an aggregate of £5 million.

We advised finnCap in its role as nominated adviser and broker to Eco City Vehicles in connection with the reverse takeover of Tax Computer Systems for an enterprise value of £73 million and an associated placing to raise £45 million.

We supported a couple in their early 80s who had learned that the husband’s life expectancy was not as good as they thought. We advised the wife on how to manage the family finances and make difficult decisions on their future.

Pitmans worked with a company in the water and sewerage industry to review their TUPE requirements in a change of contractors. This involved amending the Framework Agreement for the new contractors to change the nature of the services.

We have acted for claimants and defendants in a number of significant property damage claims

We acted for a motor insurer in relation to an injury to a minor resulting in brain damage. Liability was admitted and the claim of approximately £3m was submitted. Settlement was ultimately negotiated at a little over £300,000.

Negotiated the sale of a specialist skincare company through a Pre Pack Administration. We also dealt with the property occupied by the company through re-leasing and returning of rent deposits.

We advised the Trustees of the Olivetti Scheme during negotiations with the Sponsor and its Italian parent company on improving the Scheme’s security. This has resulted in the establishment of an Escrow Account for the benefit of the Trustees. We also advised on pension increases, revaluation and equalisation.

Through working on highly complex and high net worth cases we are able to provide the clearest of advice as to the likely settlement in the very first meeting for lower value cases, which leads to a swifter and more cost effective settlement

We provided Wills advice to a non-dom client who had bought a £1.65m house in joint name with his English wife, therefore giving her a gift of £1m which would also be subject to inheritance tax at 20% if he did not survive for 7 years.

We drafted agreements for a Preparatory School to differentiate internal and external teachers to safeguard the school from complications arising from mixing employment, worker and other relationship statuses. We dealt with the Consumer Credit Act issues which arose and clarified rights of termination.

We recently concluded an expert determination on completion accounts under a share sale agreement

We represent an insurer in relation to a motor claim outside the UK resulting in brain damage to a minor. Claim valued at £12m is being pursued. The claim is ongoing.

Acted for the administrators of a chain of high street card shops in selling a number of the outlets whilst trading.

Following a proposal from the Company to close the Scheme to future accrual, Pitmans advised the Trustees of Linde Hydraulics on managing conflicts of interest, the Trustees’ powers and duties, the Scheme’s power of amendment and maintaining final salary link.

We acted for a leading cellular diagnostics company, Novacyt, on its acquisition of Primer Design.

A number of our cases are complex including business interests, foreign assets, multiple properties, pre and post separation property, inherited assets and trust assets

We supported a corporate finance company that was facing an intractable dispute with an employee who later sent two valuable databases to his own email account. Pitmans investigated the issue, drafted memos for the employer and was able to avoid an injunction application, negotiating a settlement with the employee’s solicitors.

We were instructed by motor insurers representing a motorist who broke down in the fast lane of a dual carriageway when a motorbike collided with the car resulting in catastrophic injuries being suffered to the motorcyclist. The matter proceeded to a liability hearing in the County Court where liability was apportioned 60/40 in the Claimant’s favour. We appealed the decision when the Court of Appeal overturned the initial ruling when it was determined that the Defendant was blameless.

This was a unique case where a combination of historic circumstances meant that the scheme was effectively abandoned without any employer having clear and certain responsibility or liability to fund it, despite the scheme being much less than 50% funded on a buy-out basis. Pitmans utilised its relationships with the Pensions Regulator and the PPF to devise a solution which would enable the scheme to access PPF compensation.

We provided strategic corporate and banking advice on the investment by Computer Sciences in 360Globalnet and the acquisition of the remaining 50% of the share capital of Parkslide, an Australian company, by 360Globalnet.

We adopt a forensic approach and have uncovered hidden assets in multiple cases

Pitmans supported a professional on a substantial whistleblowing case that was highly contested in the Employment Tribunal. The relevant company was the subject of substantial adverse public comment and the whistle blower was alleging the leopard had not changed its spots despite external investigations and a settlement with the commissioner of the investigation.

We acted in a claim against a heating company for an escape of oil caused by the failure to replace a flexible hose during a boiler service. This was despite the client being charged for the cost of a replacement hose. The case involved considering detailed forensic evidence alongside complex installation and servicing guidance using OFTEC guidance. Liability was vigorously defended necessitating proceedings. A favourable settlement was reached without the need for a trial.

We were instructed by underwriters to investigate the cause of death to their policyholder while on holiday in Greece. Notwithstanding the Coroner being unable to obtain a copy of the Police and Toxicology report, we obtained all necessary documentation to establish that the policyholder was 7 times over the relevant drink drive limit and the client therefore avoided any payment under the terms of the policy.

We acted for an insurer on an employee liability claim where the Claimant was pursuing damages in excess of £500,000. We sought inspection of numerous documents including DSS records where it was discovered the Claimant was involved in a subsequent accident and declared as a result of that accident that she had no health problems and had not been involved in any previous accidents resulting in the claim against our client being discontinued in full.

Acted for Trustees to realise properties held in sole or joint names of prior high net worth bankrupts (and defending such proceedings)

In order for the employer to close the Scheme to further benefit accrual, Pitmans advised the Trustees of Continental on negotiating maintenance of the final salary link and getting a commitment from the employer to fund the Scheme to enable benefits to be secured in full with an insurance company within five years.

Acted for the leading UK IT distributor for many suppliers including HP, Apple and Microsoft, in acquiring part of a Madrid-headquartered wholesaler

Nuneham Estate: we acted in connection with the purchase of a large mixed use estate for just under £24m. The estate comprises agricultural, residential and commercial premises over a total of about 1054 acres. Apart from advising on the numerous residential and commercial lettings, we also provided specialist agricultural legal advice as well as advice on the funding aspects of the transaction.

Saint Properties: we are involved in many transactions in the housing development sector. In this example, Saint Properties appointed us to handle the sale of office and light industrial premises to a housing developer, to form part of a major housing scheme in Hampshire. We acted for the client as seller, pursuant to a prior option agreement in favour of the housing developer, in a matter involving supplemental agreements and an agreement with the local authority and other landowners, together with a surrender by and the grant of new leases to the client.

The Foundation for Liver Research: our team was selected by The Foundation for Liver Research to manage the purchase of premises in London SE1 from Kings College Hospital Charity, for demolition and redevelopment as the client’s new London headquarters incorporating laboratory facilities and ancillary offices. We acted for the client as buyer and the transaction involved a supplemental pre-emption agreement and overage agreement, together with an agreement with Thames Water. We were also appointed by the same charity to act as buyer in the purchase of a portfolio of 5 office retail and industrial investment properties from The Rufford Foundation in Hampshire, Dorset and Surrey.

Red Funnel Ferries: we worked on a major redevelopment of the East Cowes waterfront, Isle of Wight – a key element of the “Solent Gateway” project. This high-profile deal – of strategic importance to the Isle of Wight economy and with a value of over £25 million including infrastructure – included a land purchase from the Homes and Communities Agency; a loan from the Local Enterprise Partnership and consideration of EU state aid and competition law. We also worked on the first phase of the Southampton Royal Pier Waterfront redevelopment – Red Funnel relocation. The deal – with a value of over £5 million – included complex interaction with Carnival (who occupy the adjacent ocean liner terminal) and advice on their master relocation agreement, lease structures of the existing and proposed ferry terminal, dilapidations at Royal Pier, standard of construction, building and design contracts collateral warranties, contamination and repair liabilities.

CACI Limited: we acted for the tenant in the taking of a new 15 year lease in central London at an initial rent of circa £650,000 per annum.

Lake Estates Limited: we acted in the sale of a complex multi-let mixed use building in central London to an institution buyer for consideration of circa 24 million.

We acted on a £10m acquisition by way of asset purchase of the Reading Moat House Hotel with the associated property finance, corporate and employment teams.

We advised on a £28m joint refinance of two hotels with a major lender, bringing together expertise from our real estate, property finance and franchising teams.

Thames Water: a successful claim for possession of a large area of land near William Girling reservoir in London. Approximately 110 tents and temporary buildings were removed in order to clear the site.

Ridgeway: we acted on the sale of Ridgeway Garages to Marshall Plc for £106.8m, the third biggest deal of it’s kind in the UK, dealing with the due diligence of 49 properties, mixed freehold and leasehold, including five that were new builds and subject to planning agreements.

JPP Land: we advised on an application for leave to appeal under s.288 of the Town and Country Planning Act against the decision of a Planning Inspector to refuse planning permission. We successfully negotiated a consent order to quash the decision of the Planning Inspector which also resulted in the client recovering a substantial costs award.

CALA Homes: we acted on the £50m purchase of property at Shopwyke Chichester in four phases for 398 dwellings. The site is complicated with part of it comprising a former landfill site.

Ashill Developments: joint venture purchase and sale of land with 10 different owners providing development of 1500 units

Redrow PLC: Associated Deed of Variations, Section 106 Planning Obligations and bespoke planning advice across 1563 units within 6 schemes

Shanly Homes: we have been working on a large regeneration scheme for Maidenhead town centre involving acquisition and advice on commercial leasing, planning, infrastructure agreements, multi-phased, mixed-use development set up and new homes sales; we’ve also acted on the £15m acquisition of a development site at Tuffnells Way, Harpenden with planning permission for a mixed use development, including 117 dwellings and 12 shops and planning permission to build an additional 300 homes on a major housing development

Bewley Homes: defended judicial review proceedings to block planning permission for a major mixed-use development; advised on the acquisition of land at 2 sites in Reading and Leatherhead with a value of £25m

CALA Homes: we purchased land in 5 Phases of 350 units for £25m; negotiated Section 106 agreement for 700 unit development including affordable housing, employment land, a Local Centre (local retail, a primary school and community facilities), a care home village, playing pitches, a cricket pavilion, allotments together with internal footpaths and cycleways, drainage works, associated landscaping and open space.

We successfully settle the vast majority of our cases through negotiation, avoiding the very substantial costs of a Final Hearing

Pitmans secured a precedent setting Employment Appeal Tribunal Judgment for expatriate employees to claim against The British Council. This important decision challenged the general principle that the employee’s place of employment is decisive in establishing which courts have jurisdiction. The decision highlighted the need for global employers to review practices, contracts and policies.

We acted in the claim for damages arising from a fire at an Oxford hotel. The claimant’s insurers sought to recover their losses of approx. £500k from an electrical contractor who had been engaged to work at the claimant’s premises. The contractor settled at mediation and sought indemnity from our client who manufactured the capacitors allegedly implicated in the fire in respect of their liability. Detailed investigation supported a denial of liability and the claim was firmly disputed leading to withdrawal of the claim.

Advised on claims by stakeholders being employees, landlords, investors and funders

Acted for financial organisations in the recovery of sums due to them from third parties under security, contract or obtained via fraud

Acted for office holders in the bringing of actions under the Insolvency Act and the Companies Act for breach of duty or to recover monies dissipated via antecedent transactions

Pitmans advised the independent trustee of Avalon Leisure on winding-up of the Scheme and section 75 debts. While the members received less than their full entitlement, it exceeded the PPF level of compensation.

Represented a management team on an MBO which involved parties from across the UK, Germany, Guernsey, China, Poland, Spain, Switzerland, Australia, India, Brazil, Italy, Turkey, France and the USA

We have acted in many complex children dispute cases involving serious welfare concerns arising from alcohol, drug misuse, sexual abuse and violence

Pitmans worked with White Knight Laundry Services Limited, on the sale of its local business to Berendsen UK Limited, a leading provider of support services to the industrial, commercial and public sectors in the UK. White Knight is an industry leader in green laundry services, using 50% less energy and 80% less water than standard laundries. The employment aspects of the sale were paramount and, if not resolved, had the potential to be deal-breakers.

Peter Tomlins of White Knight Laundry Services Limited commented:
“It was a task, daunting in its level of detail, made considerably more difficult by a health blip on my part early on in the exclusivity period. This is a team I wholeheartedly commend to others.”

“We advised insurers in respect of a series of claims concerning allegedly defective fridge freezers distributed in the UK. Many units were sold by wholesalers who sought indemnities from our clients for losses arising from breach of their contractual obligations to the consumers/end users.

It was alleged that the fridge freezers caught fire due to a defect in the electrical components and caused severe damage to many homes over a period of several years. Forensic expert evidence was acquired and detailed analysis undertaken. We advised on the investigations and defence of many claims some of which were compromised after lengthy settlement negotiations or were discontinued after submissions that the claims would not succeed in court.”

Acted for directors in providing advice on duties and in defence of claims threatened and made under the Company Directors Disqualification Act 1986 including but not limited to a director of companies holding Michelin Star restaurants

We advised the Trustees of the Mitsui Scheme on the appointment of their fiduciary investment manager, including negotiating terms of engagement and fiduciary management agreements. This facilitated a fundamental change to the way in which the Trustees invest.

We supported long-standing client Westcoast on its game-changing acquisition of Art System Holdings which will enable significant growth in the next generation of 3D printing.

We also advise law firms across EMEA who have businesses in England

We have access to top London Counsel/Barristers Chambers

Property ownership disputes are a common feature of our work, including those which reach the High Court

We advised Brandon Hill Capital in its role as broker to Vast Resources in connection with a placing to raise approximately £1m.

At a 2-day hearing at the Reading Employment Tribunal, we successfully defended our client against a claim by Mr V Pitchai of alleged constructive dismissal and ongoing wage and holiday arrears from 2010. This resulted in complex legal argument around the recent Bear Scotland decision concerning holiday pay.

We are acting in a claim against the developers of land adjacent to the insured property. The risk address is at the top of an embankment and the development is at the bottom of an embankment. The developers had cut into the embankment and chopped down vegetation causing the landslip from the insured clients’ property to neighbouring land. The case involves complex expert evidence and there was the added complication that some of the work required to rectify the problem and stabilize the land needs to be undertaken to land owned by the local authority.

Acted on the acquisition of a supplier to the aviation industry from administrators appointed by funders

We advised the Trustees of Danfoss Power Solutions on the buy-in of all scheme liabilities with Aviva, including verifying benefit specification and negotiating policy terms.

We acted for Chrysalis on its investment in Coolabi Group, Driver Require Holdings, K10 and Inaspect Technology

To assist avoiding conflict altogether our pre and post-nuptial agreements service is proving increasingly popular

We represented our client (the claimant) at the preliminary stages of a complex whistleblowing claim against the Respondent Illiquidix LLP.

Advised the board, pre-insolvency, regarding a group of companies (with a prior turnover of £100m) in the provision of construction and development

We advised the sponsoring employer Singapore Airlines on the proposal to close the scheme to further benefit accrual. We assisted with the consultation and presentation material, responsed to members’ queries and drafted and negotiated deeds of amendment, together with incidental advice concerning the payment of contributions to the replacement scheme by salary sacrifice.

Advised our client on their cross-border sale to Silicon Valley technology company

At a hearing at the Croydon Employment Tribunal on 1 September 2015 a successful costs claim was made by Pitmans on behalf of our client on a preliminary point against the respondent employer. Such cost awards are still rare in employment tribunals. Litigation is ongoing in the case.

We advised Saga on a claim against a statutory water undertaker in relation to an escape of water causing a sinkhole to open up partly in the Claimants’ driveway. This case involved complex forensic evidence and issues in relation to causation and the sequence of events which led to the collapse.

Acted for defendants on claims brought by the liquidator in the Madoff matter

Pitmans advised the Trustees of Langford Lodge on the employer’s request to pay a bulk-transfer to a DB Master Trust and then wind-up the Scheme. This required consideration of the Trustees’ powers and duties in respect of paying a bulk transfer, amendments to the scheme rules to facilitate such a transfer, identifying deficiencies in historic documentation and advising on adjustments to benefit entitlements required as a result.

Advised the shareholders of an internationally recognised publisher on their sale to a Canadian based media group. The cross-border transaction involved four jurisdictions with additional offices in India and California.

We successfully defended our client from a claim by a former employee of unfair dismissal and discrimination on the grounds of pregnancy. It was a complex matter due to the factual and legal dispute relating to employment under a zero hours contract, which culminated in a 2-day contested hearing at the Southampton Employment Tribunal.

We successfully had our defendant client’s claim struck out after contesting that the claimant failed to comply with the Pre-Action Protocol for not notifying the Defendant of the claim in good time. There was a 3-year delay in issuing the claim and the defendant was deprived of the chance to contest the case fairly.

Advised on the administration, trading (pre and post administration) and sale of a substantial London based laundry services provider to top restaurants and hotels

Acted on claims brought by an Italian fashion house against a distributor and making a substantial recovery

We produced new rules for Liberty SIPP incorporating all recent legislative changes, including the pension freedoms introduced from 6 April 2015.

We advised the Specialist Journeys Group on its BIMBO, the secondary buy-out and 7 acquisitions as part of its buy and build strategy in the travel sector (including a travel company headquartered in Madison Avenue, New York.

Represented Insolvency Practitioners on regulatory and ethical matters

We acted on the £12 million management buyout of Westfield Medical, a leading provider of sterilisation barrier products to the healthcare and industrial sectors.

Utilising our specific marina and waterside development expertise, Pitmans advised Premier Marinas on its acquisition of Noss Marina.

We worked for an award winning property services company estate agency in its recent acquisition of a long established provider of property services in the South East region, providing both residential and commercial sales and lettings. Our client was “delighted with the successful completion of the deal and the opportunity to extend its branch network to support even more customers in making the right property decisions”.

We advised an innovative early-stage business – named as one of one of the World Economic Forum’s Technology Pioneers for 2015 the raising of a new tranche of funding of US$5.2m (UK£3.4m) from private clean energy investors, to support the scale-up and commercialisation of the company’s breakthrough solvent technology.

We acted for the management team of a major German market research institute (one of the largest globally) on an MBO of the animal and crop health business.

We advised an entrepreneurial client on securing seed investment for the launch of a pioneering non-alcoholic drinks brand. Pitmans Roger Gregory was awarded the Finance Monthly Deal Maker of the Year Award for his work on this deal.

We acted on the BIMBOs of John Charcol and Towergate Financial, funded by Palatine Private Equity.

We acted on the £220M sale of Red Funnel and the reinvestment by management to M&G Infracapital Partners.

We acted on the MBI of Strictly Education.

We acted on the sale of transport and warehousing specialists Lambert Brothers Haulage to the Kinaxia Group. This was shortlisted as Deal of the Year.

We acted on the sale of Hobbycraft to Bridgepoint Capital for £120M and the reinvestment by shareholders and management. The transaction involved vendor due diligence, auction sale process and negotiation of equity documentation.

We advised on the merger of Pro-Bel with Snell & Wilcox to create the Snell Group. We acted for Pro-Bel management on both the sale and reinvestment of the £72M deal.

We acted on the disposal of Artigiano Spirito to Barclays Private Equity for £30m.

We have acted for a prominent adviser and broker finnCap in connection with an institutional placing. This raised £2.5m to fund the acquisition of an AIM-listed company focused on applying digital imaging technology for use in life sciences, healthcare, astronomy and art conservation.

We have been retained by the primary external legal adviser to Thames Water to provide advice on all of the client’s extensive commercial contracting requirements.

For a technology client we have acted in a complex and high-value negotiation regarding the issue of a perpetual software licence to one of our client’s existing resellers. Our employment team advised on the TUPE aspects of the deal.

We have negotiated a master agreement (worth in excess of £500,000) for outsourced data centre services operating as a natural extension of the client’s in-house team to providing proactive support throughout the deal.

We have worked with a major financial services client to advise on the negotiation and drafting of an e-billing print and document storage services agreement.

We acted for Yospace on a services agreement with Viacom.

We have worked with an ambitious technology start-up business (currently receiving much media attention), operating in the area of business and leisure property rental agreements. We drafted bespoke standard terms and conditions for a new online portal. Given the global nature of the business, successful completion involved complex contracting arrangements and data protection issues.

We were delighted to be instructed to offer a wide range of advice to an early-stage business with enormous potential that is currently developing an application platform for property management companies. The product will deliver very significant efficiencies and time and cost savings in their client and supplier interactions. Our initial deliverables included the negotiation and agreement of a detailed software development agreement with a software development company.

We provided a collaboration agreement between Sipsmith and Gingertime.

We drafted and negotiated a renewal and extension of a contract to supply a range of petrol forecourt services to Morrisons supermarket

We arranged a supply agreement with the organisers of the Bestival Music Festival

We drafted various supply and software related contracts between Asda and Morrisons

We created a sponsorship agreement entered into with a major private equity house relating to Cowes Week.

We assisted a software company which is part of a large US group in dealing with the transfer of assets and employees from multiple to one single company. This included amending terms, a TUPE transfer and drafting new terms and communications with employees.

We are acting in a claim against the builders of an insured’s property due to the collapse of a timber crib retaining wall which is at the bottom of the garden. The expert evidence indicates that there was a loss to the integrity of the wall which was caused by the failure of the timber component and that there was insufficient drainage at the property. The development company involved had been dissolved and will need to be restored to the register.

We arranged a partnership logo licence agreement with the national haulage company Steve Porter.

We provided terms and conditions for ATDBio relation to the manufacture and production of oligonucleotides high quality modified oligos, fluorescent probes, long oligos and large-scale oligonucleotides synthesis for research.

We acted for the start-up technology company, Illumina, on a supply agreement concerning the manufacture and supply of oligonucleotides with a subsidiary of a US entity with a NASDAQ capitalisation of circa $9 billion.

We drafted a co-development agreement between HTEC and PayPoint relating to the development, production and roll-out of terminals and the development of a multi-purpose pre—payment terminal.

We drafted an agency agreement between Petrol Express and Texaco for the use of card payment facilities at petrol pumps.

A cross border deal relating to the refinancing of an invoice finance facility and the provision of a new term loan facility (with a total value of £175m).

We drew together a large, multi-discipline Pitmans team to manage a refinance of a client’s existing banking facilities, involving a complex portfolio of 15 commercial properties comprising multiple titles.

As a result of our extensive international experience and strong relationships with other specialist legal firms across jurisdictions worldwide, Pitmans was instructed to act for an existing national client in relation to its parent company’s refinance of its Canadian $ loan facilities.

A strong longstanding relationship with a key client in the leveraged finance market led to an instruction by each of the lenders to assist with a MBO by advising on the provision of term loan facilities and invoice finance facilities.

In a complex, time-critical, cross border project we worked for a longstanding client in a cash flow financing deal. This involved a refinance of an existing facility and the provision of a new £4m term loan facility. The funds were then used to release equity for investment into a new business.

We continue to advise the Trustees of the National Union of Mineworkers scheme on potentially incorrect inclusions and exclusions of employees as members of the Scheme by previous trustees, following a review of all Scheme documentation and correspondence we undertook. We also successfully defended the Union on a complaint made by a former Chairman of Trustees on the correct application of discretionary increases for pre-1997 service.

We assisted with the provision of secured development finance (senior debt and junior / mezzanine finance) to enable the construction of ten private residential and 4 affordable housing units. An outstanding level of collaboration between all parties resulted in extremely timely resolution of all issues and deal completion.

We were instructed to advise the Trustees of the new defined benefits scheme for the Fire Brigades Union. As well as advising on the bulk transfer of assets and liabilities from the existing scheme, we advised on the new draft rules, funding requirements and provided training on the responsibilities of the trustees, none of whom had been a trustee before.

For one of our key clients – a leading international bank – we advised on the provision of secured loan facilities to refinance a major player – and its subsidiaries – in the energy sector, including a Bonds, Guarantees or Letters of Credit facility and a group overdraft facility.

In a particularly high-profile matter, we worked with a key banking client (nearing its own IPO) providing advice on a refinance facility which was used to refinance shareholder loans to develop a new 12-room care home for young adults with learning difficulties. Our responsibilities included dealing with all relevant building contract and collateral warranty considerations.

We acted for Totaltec Oilfield Services Limited in raising initial equity finance to start up a Guyana based oilfield services company. The private investors were from varied jurisdictional bases including Guyana, British Virgin Islands, Denmark, USA, Singapore, Norway and the UK.

We acted for Specialist Journeys in connection with a multi-drawdown (buy and build) acquisition fund provided by Santander which involved obtaining regulatory approval from the CAA.

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