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Annual Report Individual. Like you.

2016/2017 Annual Report | Herrington Carmichael Solicitors

Contents 04



Our whole firm approach


Events and accolades


International referral group


Charity activities

Investment in the future of the firm is as fundamental to our success as recognising the strengths of our past. In 2016, our primary strategic focus has been on improving the ways our individual teams work together, to provide greater client value and service. Over 2016 we have kept a busy calendar of events and opportunities to meet our clients and members of the communities in which we work. In only our second year of membership, we have established recognition as one of the most active firms in the International Referral Group. Our position at the heart of the local communities we are based in is important to us – and we want to make sure we are making a positive contribution.


New arrivals


Corporate & commercial

During 2016, we continued the major growth seen in 2015 with recruitment and expansion across the Herrington Carmichael team in all areas. Our reputation as one of the fastest growing teams in the region has been further strengthened over a successful 2016 by a number of internal promotions, new recruits and significant expansion of our client-base and services.


Real estate




Dispute resolution


Residential property & new build




Private client


2017 and beyond

With 14 lawyers, across all levels of experience, 2016 has seen a 14 per cent growth in 2016 – continuing 2015 success and setting a new service area record, for the firm. Over the past 12 months, the Employment team has seen substantial growth in market share and performance. Herrington Carmichael’s commitment to growth and expansion has been particularly evident during another busy year for the firm’s Dispute Resolution team. The Residential Property department has seen some substantial changes in the last year including new head of department and substantial growth within the team. The Family team had a busy year in 2016 with significant change, expansion and recruitment. It is now highly ranked in The Legal 500 United Kingdom guide. Growth and development have been major focuses for the Private Client department in 2016.


2016/2017 Annual Report | Herrington Carmichael Solicitors

Refusing to stand still does not mean ‘throwing the baby out with the bathwater’. The values that we have held central for over 175 years are as important today as they ever were. We are proud of our long-standing history in your local area. Excellent service, value for money, innovation and providing a proactive, friendly approach are all things clients praise us for – and we are keen to see that continue. Investment in the future of the firm, however, is as fundamental to our success as recognising the strengths of our past. At Herrington Carmichael, our 2016 growth and expansion does not mean only celebrating our 14 per cent fee growth, or new starters. Success does not mean only our expansion into international work or our appointment to Nat West, Arbuthnot Latham and Metro’s Commercial Banking Legal Panels. Nor does it mean only our diversification of existing services into burgeoning construction, immigration, data protection and intellectual property practices. For us, the future lies in improving and investing in people. We recognise that recruiting new lawyers and support staff does not, alone, offer the best solution for our clients. That is why we have focused hard on widening our training programme to allow us to take on more newly qualified solicitors than any other firm in the South East. Our outstanding development programme presents opportunities for all staff, including support staff, to develop skills and careers with Herrington Carmichael. Our mission is to ‘stand out from the crowd’ through social investment, better training and stronger development programmes. We feel this is central to providing the level of excellence, service, innovation and approachability that our clients have come to expect.

Partner, Yavan Brar said: ‘We’ve long taken the view that investment in what we have is what sets Herrington Carmichael apart from other firms. We’re committed to making sure that our staff feel happy and professionally fulfilled, so that they can provide an ever-better service to our clients’. Senior Partner, Jim Eatwell added: ‘Herrington Carmichael is well into its second century as one of the leading firms in the South East. But we can’t stand still. If we are to pride ourselves on providing the very best client relationships and services that means being brave enough to embrace new technologies and ways of working. I’m particularly proud of the work we’ve been doing with digital technologies over 2016. We’ve invested heavily in our systems infrastructure – including CRM database systems, document management systems and ways to ensure better efficiencies and economies. And we’ve increased the volume of news and articles being delivered directly to clients via Twitter, Google+ and LinkedIn. We believe that having the best people, working with the best systems will lead to better response times and a stronger understanding of client needs’.

We’ve long taken the view that investment in what we have is what sets Herrington Carmichael apart from other firms. We’re committed to making sure that our staff feel happy and professionally fulfilled, so that they can provide an ever-better service to our clients Yavan Brar



Our whole firm approach

2016/2017 Annual Report | Herrington Carmichael Solicitors

When, in 1935, Aldershot’s Walter Herrington and Camberley’s Graham Carmichael merged their practices, giving us the name we are now known for, the concept of a ‘onestop-shop’ law firm was common on every high street. As client needs have changed, however, over the last 82 years, we have provided an increasingly specialist practice – with dedicated experts operating at the forefront of their individual areas of law. Whether we are working with local business or private clients we are proud of our practical, deep understanding and professional teams in each of the legal disciplines.

Providing a ‘whole firm’ approach is critical to making sure every client concern is addressed. Because our lawyers all work together and we’ve invested heavily in technology, clients are supported by flexible teams that stay up to date and deliver a service that can and does anticipate their every need Maria Mulroe

Yet the efficiency and value-for-money that come from having just one professional advisory team has not disappeared. That is why, in 2016, our primary strategic focus has been on improving the ways our individual teams work together, to provide greater client value and service. Head of Corporate & Commercial, Yavan Brar, explains this in more detail: ‘When a business comes to us for help merging with another, or completing an acquisition, it stands to reason that they seek practical, expert advice to make that process as smooth as possible. But increasingly, traditional corporate ‘transactions’ also involve employment law and property questions, as well as changes to commercial agreements and contracts. Our number one aim is to make our clients’ lives as easy as possible – so they feel confident that they have the best legal team. To do this we have to be able to work, seamlessly, with the other, relevant departments. In doing this we put together tailored teams, with experts drawn from across the legal disciplines and seniorities. This ensures we provide everything the client needs, in one place and for a reasonable price’. Head of Family, Maria Mulroe continues: ‘It doesn’t end there, however. To continue with Yavan’s example. When a company decides to merge with another there are also likely to be legal considerations that relate to directors’ wills, trusts and, perhaps, even financial settlements from divorce. They may even need to factor in personal property if it’s been used for business financing or purposes. And, of course, directors may also find themselves in the position of having to negotiate exit settlements or even challenge their removal from the business. At an already stressful time the last thing they need is having to go from law firm to law firm for advice. Providing a ‘whole firm’ approach is critical to making sure every client concern is addressed. Because our lawyers all work together and we’ve invested heavily in technology, clients are supported by flexible teams that stay up to date and deliver a service that can and does anticipate their every need’. Our service area reports highlight the many ways we have worked across ‘whole firm’ teams during 2016.



Events & accolades

2016/2017 Annual Report | Herrington Carmichael Solicitors

It is easy to think of lawyers as being ‘stuck behind a desk’, working through huge amounts of paperwork. Here at Herrington Carmichael, however, we understand that people and relationships sit central to being the best law firm in the South East. During 2016 we have kept a busy calendar of events and opportunities to meet our clients and members of the communities in which we work.

Launching our New Camberley Office and Brand On 28 April we held a party at our new offices in Camberley to celebrate our move and new branding. More than 70 guests joined in the celebrations, enjoying canapés and champagne, alongside members of the Herrington Carmichael team. A display of artwork by local artists created talking points, along with Wokingham artist Paul Woolley, who attended with a selection of his artwork, and happily discussed his work with guests. We are planning another summer party in June 2017 so watch this space! Senior Partner, Jim Eatwell, said: ‘The relationships we have with clients have always been an important part of what makes Herrington Carmichael successful. Saying “thank you” is crucial, as is celebrating our position in the local community. Our summer party, in Camberley, presented an opportunity to do both of these things in a fun way’.

Inspire Business Awards

Good Divorce Week Set up to promote the new Resolution Code of Practice and lobby Members of Parliament for changes to family law (including the need for no fault divorce), Resolution’s ‘Good Divorce Week’ presented an opportunity for Herrington Carmichael’s Family team to share their views and experiences. We tweeted, blogged and posted on other social media, explaining the code and why we signed up for it, the need for no fault divorce and the rights of those who choose to cohabit rather than marry. You can find more information here www.resolution.

HC Summer Event On Thursday 15th June 2017 we will be holding our annual summer event at Easthampstead Park in Wokingham. Guests will enjoy an eclectic evening featuring a hog roast on the terrace, Pimms, garden games and a Mexican Mariachi band!

For the second year we were delighted to sponsor the Inspire Business Awards, celebrating the success of local businesses in North Hampshire, from Andover in the west to Farnborough in the east and everywhere in between. You can read more about them here

Thames Valley Deals Awards The Thames Valley Deals Awards is a showcase for the region’s corporate finance deals community. Culminating in a gala awards night, Herrington Carmichael is proud to sponsor the Young Adviser of the Year (under 35 years of age) award. This new category rewards the work of a younger person in corporate finance. The Young Adviser can work for an advisory firm, a law firm, private equity firm or similar. You can read more about the awards here


Herrington Carmichael Solicitors | 2016/2017 Annual Report

Promoting Local Art in our Offices This year, as part of our commitment to local communities, we have been showcasing regional artists in each of our offices. As well as displays across the firm, we have also bought a number of pieces for permanent installations. We would like to extend a big ‘thank you’ to the Wokingham Art Society and its members for sharing their art with us. Many of the pieces are available to buy and you can find out more information here

Corporate & Commercial and International Teams join Arbuthnot Latham’s Commercial Banking Legal Panel Demonstrating our standing at a national level, we were delighted when, this year, our Corporate & Commercial and International Departments successfully gained appointment to Arbuthnot Latham’s Commercial Banking Legal Panel. Formed in 1833, Arbuthnot Latham is a significant organisation offering private banking, wealth management and commercial banking. You can read more about them here

Continuing Recognition in The Legal 500 UK Guide The Legal 500 UK is one of the leading guides to law firms in the UK. Researched and written by a team of industry experts, it draws together peer and client review, as well as applications and reports from the firms themselves, to set out a list of the key experts across the different areas of law. Listed for many years in The Legal 500 UK, we were delighted to be ranked, once again, in the 2016/17 guide. In 2016 we added to our Tier 3 Corporate & Commercial; Employment; Personal Tax, Trust & Probate; and Commercial Property rankings with a Tier 3 ranking for the firm’s Family team. Covering the South East (Thames Valley, Berkshire, Oxfordshire, M4/M40, Kent, Surrey and Sussex) region, the rankings establish Herrington Carmichael as amongst the best regional firms for services in these fields. Head of Family, Maria Mulroe, herself specifically reported as notable for her ‘ability to guide the client forward’, said: ‘We’re delighted to see the firm’s standing for high-net world family law matters singled out. Whilst client satisfaction and feedback is the most important benchmark, by which we work, industry recognition is an important part of Herrington Carmichael’s journey. It is a clear indicator of the transformation undergone by the firm and its standing alongside some of the most recognisable firms in the UK’. Partner and founder of the firm’s Corporate & Commercial department, Yavan Brar continued: ‘It’s important to recognise that the legal sector is changing, as more London firms move out into the regions. The days of regional firms being ranked against purely regional firms are long gone. Herrington Carmichael’s inclusion in The Legal 500 UK not only establishes its excellence alongside South East regional practices but against the many national firms operating in that geographic area. Our ranking as an equal amongst their number endorses our message that Herrington Carmichael offers locally-based legal expertise at an outstanding level of excellence and client service’.


2016/2017 Annual Report | Herrington Carmichael Solicitors

Reported highlights from Legal 500 UK 2016 Corporate & Commercial


Thames Valley, Berks, Oxon, M4/M40

Thames Valley, Berks, Oxon, M4/M40

Herrington Carmichael LLP stands out for its ‘unique blend of industry knowledge and experience, as well as its in-depth knowledge of the client’s business’. Practice head Yavan Brar is ‘knowledgeable, reliable and quick to respond’, and is recommended alongside the ‘commercially astute’ Mark Chapman.

 errington Carmichael LLP’s Alistair H McArthur is ‘an extremely professional and knowledgeable solicitor’ with ‘sound business acumen and a nononsense approach’. McArthur has notable expertise in post-termination enforcement obligations.

Real Estate

Personal Tax, Trust & Probate

Tim Hardesty’s group at Herrington Carmichael LLP handles a range of commercial and residential real estate matters, and has been highly active in property development throughout 2015. Clients include Metro Bank and National Westminster Bank.

Kent, Surrey, Sussex and Thames Valley, Berks, Oxon, M4/M40 Herrington Carmichael LLP is noted for its ‘very strong tax advice and associated tax planning’. The ‘professional and approachable’ Anthony Tahourdin heads the practice.

Family Thames Valley, Berks, Oxon, M  4/M40 At Herrington Carmichael LLP, Maria Mulroe is noted for her ‘ability to guide the client forward’.


International referral global (IR Global)

2016/2017 Annual Report | Herrington Carmichael Solicitors

We are proud to be members of IR Global group. Only our second year of membership, and we have established recognition as one of the most active firms, providing support and assistance to our clients in project-managing their overseas expansion projects and ensuring delivery of trusted advice, reliable and quality support in foreign jurisdictions to meet their needs. IR Global is built on establishing relationships. It is a global alliance of experts in practice sectors (including legal, accounting, financial and transactional services) who develop and share the same culture. It brings together like-minded professionals and firms from over 850 members, across more than 130 jurisdictions, to work closely with one another, for the benefit of their respective clients. Mark Izquierdo and Alex Canham have Exclusive Member status within this group as recommended referral partners in England and Wales for their respective ‘Real Estate’ and ‘Banking & Finance’ specialisms. Since joining the group, we have approached our international colleagues with more than 50 requests to support our clients in jurisdictions throughout mainland Europe and further afield including Dubai, UAE, South Africa, India, China, Hong Kong and Japan. These approaches have involved matters covering company formations, agency agreements, employment contract advice, commercial contracts advice and negotiations, real estate (property transfers, office occupations), e-commerce, dispute resolution, competition law, probate work, trademark and intellectual property work. It is in this way that our membership of the International Referral Group is of fundamental use across Herrington Carmichael, providing value and support to clients in all areas, as well as supporting our growth as an internationally capable firm.

2016 conferences The 2016 group conferences were held in San Francisco (‘Technology, Leadership and Innovation’) and in Amsterdam (‘Culture, Communication and Connection’). Alex and Mark attended both conferences, representing Herrington Carmichael in networking, information sharing and business development sessions.

As part of the conference, Mark’s Real Estate group toured a redevelopment project (a conversion of old office premises to a large conference hotel and casino) on which a Netherlands member firm were advising and visited the world’s most sustainable office building. (Alex chaired knowledge sharing sessions discussing business climate and activities and the issues impacting international clients) In 2017 Alex will be attending a ‘Deal Makers’ conference in Barcelona and the ‘On The Road’ conference in Singapore. Both Mark and Alex will be chairing meetings and fully participating at the Annual Conference in Berlin.

Member of the year award Herrington Carmichael was one of only three member firms shortlisted for the ‘Member of the Year’ Award at the IR Global group Annual Conference. As part of this, Mark [pictured] was invited to deliver a question and answer session to the 250 delegates. In this he answered questions about the firm’s impressive level of activity in the network and the group’s role in facilitating the firm’s growth as a full-service, international capability firm. Following a live vote, we were disappointed to lose to the winner by one single vote but considered our position of runner-up, out of 850 members, a significant achievement for the firm.

The highlights An ‘outbound’ case: We acted for a commercial client in a case where an operator in Germany had been quoted in the local press as being so impressed with our client’s business operation they had decided to copy it! We engaged and worked closely with a German lawyer who we had already forged strong ties with through our membership of IR Global and obtained a ‘cease and desist’ order against this competitor company. We then negotiated an agreement setting out a range of changes to be made to sufficiently distinguish it from our client’s business (in terms of branding, layout of retail units, etc.). An ‘inbound’ case: We advised a European wholesaler in relation to its acquisition of a large UK trading company, again working closely with the company’s in-house legal team and a network member. From negotiating the Heads of Terms and liaising with our client as to the structure of the deal, through to advising on the main Share Purchase Agreement and post-completion Shareholders’ Agreement, we provided support to an overseas business entering the UK market. We were able to successfully negotiate a favourable position for our client which had a complex purchase price structure and secure control of the business for our client. For more information about the IR group please visit the website 13

Charity activities

2016/2017 Annual Report | Herrington Carmichael Solicitors

Our position at the heart of the local communities we are based in is important to us – and we want to make sure we are making a positive contribution. Each year we select a local, community charity to be the focus of our work, receiving funds raised across a variety of activities. This year we chose Parkside (Aldershot and District Learning Disability). Based in Aldershot, Parkside provides support services for children and adults with learning disabilities. They operate across Hampshire and Surrey, working hard to give both children and adults the opportunity to develop their individual skills and to take part in activities within the local community. This work varies from providing support for socialisation with friends, to helping individuals participate in leisure activities, meet new people and to develop life skills, as well as providing respite for other family members. Like Herrington Carmichael, Parkside wants to work with the local community of people and organisations to encourage everyone to be involved. Over 2016 we have held the following events to raise money for Parkside: T  he Annual Great Herrington Carmichael Bake-off was back by popular demand for 2016 – Our firm-wide bakeoff competition took place at the firm’s staff summer picnic, in August. Staff took to their kitchens to present their best sticky buns, sponges and tray-bakes. This year’s winner was Rachel Burnett with her delicious rhubarb and custard cake.

D  ress-down day – It is not all suits and ties here at Herrington Carmichael. On 22 July we held a mufti and dress-down day. Everyone taking part donated money in return for dressing down for the day. C  hristmas jumper day – We also ‘got into the Christmas fundraising spirit’ on 16 December with a Christmas jumper day.  Grand Christmas hamper raffle – We finished the year with a raffle at the Annual Herrington Carmichael staff Christmas Party on 15 December for a fantastic hamper, containing wines, cheeses, chocolates and many other Christmas treats. The lucky winner was Tim Elliott from the Dispute Resolution team. Partner Alistair McArthur who leads the firm’s charitable work, said: ‘We take our responsibilities, as one of the leading law firms in the South East, very seriously. We understand that this means leading from the front when it comes to social responsibility and giving something back. We have been delighted to be able to support Parkside in 2016 and contribute to their important work’. We were delighted to have raised over £5000 for Parkside. For more information on their work go to In addition to our work with Parkside we have also supported other local charities such as the Wokingham and District Elderly Association, and the Phyllis Tuckwell Hospice. We also sponsored the Wokingham Queen’s 90th Birthday Street Party held on 12 June where 5000 guests enjoyed a parade, concert, street entertainment, children’s craft activities and an evening international street concert. Sponsorship money was split to pay for the event and the rest was given to local charities.

We are delighted to announce that the Firm’s new chosen charity is Rainbow Trust Children’s Charity. Rainbow Trust supports families who have a child aged 0-18 years with a life threatening or terminal illness and need the bespoke support we offer. What we love about this charity is their commitment to providing 24/7 whole family support through extremely tough times emotionally and practically, they do an amazing job and we’d like to help them in raising awareness of the issues of child palliative care. Today there are an estimated 49,000 children and young people in the UK living with a life limiting or life threatening condition who may require palliative care (University of Leeds, 2011). Many of these children and their families are able to cope or are not in a ‘crisis situation’. However, thousands of families have to face the very real possibility that their child may die and struggle to cope on a day to day basis.

Who we support We support these families who have a child with a life threatening or terminal illness and are in the greatest need. Our Family Support Workers provide a life line to these families and children. We support the whole family including parents, carers, the unwell child, brothers, sisters and grandparents. They bring support and help to families who so desperately need it at home, in hospital and in the community. Any family can receive support from the moment of their child or young person’s diagnosis. For more information about the Charity please visit:


New arrivals

2016/2017 Annual Report | Herrington Carmichael Solicitors

Whether in legal or support functions we work hard to attract, recruit and retain experts in their fields. During 2016 we continued the major growth seen in 2015 with recruitment and expansion across the Herrington Carmichael team in all areas. Danielle Bentley

Lorna Horrill

Melissa Richard

Family Solicitor

Real Estate Secretary

Residential Property Office Assistant

Nigella Durman

Amanda Kulas

George Shepherd

Float Secretary

Office Assistant

Real Estate Paralegal

Mary-Jayne Eldred

Helen Lafferty

Anne Taft


Private Client Secretary

Natasha Lamb-Guhren

Lauren Vincent-Evans

Trainee Solicitor

Residential Property Paralegal

Quintin Farley

Clare Leach

Terri Warren

Legal Assistant

Chartered Legal Executive


Gail Godliman

Kate Lewis

Hannah Wylam


Solicitor and Mediator

Secretary, Employment and Private Client Departments

Pauline Hardeley

Helen Parbutt

Accounts Assistant

Office Assistant

Completions Co-ordinator

Samantha Flack Residential Property Solicitor


Corporate & commercial

2016/2017 Annual Report | Herrington Carmichael Solicitors

The headlines Our reputation as one of the fastest growing teams in the region has been further strengthened over a successful 2016 by a number of internal promotions, new recruits and significant expansion of our client-base and services. We are pleased to have promoted two team members to senior status this year with Alex Canham becoming a Senior Solicitor, and Michelle Lamberth becoming a Senior Paralegal.

Due to the continued growth of our client base and complexity of the work undertaken, the Corporate and Commercial team has also recruited a second legal assistant to help meet demand, as well as taking on a trainee permanently as part of the firm’s training contract programme. This team growth has not only supported the maintenance of the highest quality services for clients but the further strengthening of our reputation in the legal community, as well as across the Thames Valley and Blackwater Valley. This is reflected in our inclusion in The Legal 500 2016 edition (for a fourth year), which recognises our Corporate and Commercial team’s ‘unique blend of industry knowledge and experience, as well as its in-depth knowledge of the client’s business’. Yavan Brar and Mark Chapman have been particularly singled out in the directory as ‘key figures’, demonstrating their specialist expertise and national standing. Reflecting the firm’s planned strategic growth in international transactions, the Corporate and Commercial team has advised on numerous cross-border projects in 2016. Membership of the IR Global network gives us access to legal, accounting and financial expertise from a global network of professional service advisers. We were delighted to have been shortlisted for the 2016 IR Global Member Firm of the Year and to have been a finalist..

Unique blend of industry knowledge and experience, as well as its in-depth knowledge of the client’s business

The team has also expanded its practice into dedicated construction and intellectual property expertise. Cesare McArdle and Alex Canham bring a deep and practical understanding of these fields, further strengthening the service offered to clients across the region and responding to changing commercial needs.


Herrington Carmichael Solicitors | 2016/2017 Annual Report

Significant client wins for 2016 include... Corporate


Advising a national financial advisory firm on its GBP £8m simultaneous acquisition of four targets from a PLC company.

Advising a leading property developer on a building and development contract for three plots worth in excess of £1m.

Advising on the management buyout of a leading online recruitment business in a deal worth in excess of GBP £10m.

Advising a local property developer on the building contract with its contractor for the building, development and eventual sale of a single plot worth in the region of £13m.

Advising on the acquisition of a majority stake in an international customs brokerage business from a Hong Kong private equity fund looking to enter the UK market. Advising a Scandinavian client on its staged acquisition and subsequent merger with a UK technology business for an eightfigure consideration.

Commercial Advising a client on, and drafting, a suite of documents for the launch of an online communications app for business and consumer use. Complexities included limiting the liability of the client in light of worldwide application and use of app. Advising on and negotiating complex services agreements with the in-house legal teams at global computer hardware and global pharmaceuticals businesses. Our Employment team advised on the TUPE provisions. Advising on the terms and conditions for a leading online clothes retailers for the supply of goods to consumers, including complex logistical return policies and provisions relating to consumers accessing the UK site from other European countries. We instructed and managed local lawyers in France and Germany in relation to the translation of the documents into their respective local languages, and also in relation to advising on the impact of applicable local laws, and localising the documents whilst ensuring as much consistency as possible with the English law documents.

Advising a leading bank on the construction aspects (including main building contracts and collateral warranties) of its lend in respect of the development of a single plot worth in the region of £16m.

Intellectual Property Advising the Cereal Killer Cafe in relation to all intellectual property-related aspects of its brand exploitation and global expansion. Our work included a wide variety of issues such as licensing, deposit arrangements and preparing consultancy agreements. This included negotiating and agreeing terms with individuals and corporate bodies in a broad range of jurisdictions. In addition, we supported the client in mitigating risk to its intellectual property by creating a new limited company (NewCo) through which its globalisation is taking place with the intellectual property being held in a different company and licensed to NewCo. We also dealt with the registration of trademarks worldwide. Advising the creator of a new, exciting word game on the protection of the intellectual property arising from the game throughout Europe. Our work has included applying for a European trademark. Advising the creator of a fun, user-friendly messaging and social media platform on the assignment and license of intellectual property. Our work also included ensuring that any intellectual property relating to the app protected both inside and outside of the group; and assignment of trademarks and all necessary licenses for the group to be able to exploit its intellectual property assets. Advising on the expansion of our client’s business into other areas, including online streaming of videos. Our work included preparing documents, licensing and assigning intellectual property in goods, brand protection and intellectual property rights considerations in respect of third party supplied content.


2016/2017 Annual Report | Herrington Carmichael Solicitors

Our whole firm approach Real Estate


Contributing to advice in relation to property due diligence on share sales and purchases.

Contributing to advice on the TUPE and employment aspects of outsourcing contracts and services contracts (service provision changes), business sales and purchases, and business restructurings and reorganisations.

Collaborating where Special Purpose Vehicles (SPVs) are used to acquire property. Drafting ownership documents (e.g. shareholders’ agreements) tailored to SPVs. Contributing to advice in relation to property aspects of business sales and purchases (e.g. lease assignments). Providing personal guarantee advice to support financing arrangements on property transactions. Providing construction advice in relation to property development transactions. Collaborating in relation to property due diligence to support banking/finance transactions. Collaborating in respect of the property aspects associated with business reorganisations/restructurings (e.g. transfers of property and lease assignments). Collaborating in relation to various commercial matters including board minutes and resolutions to support property purchases and the entry in to legal charges. Drafting and advising on funding and investment documents to support property purchases.

Contributing to advice on data protection related to employment policies and procedures (e.g. staff handbook). Working with Employment in relation to employment due diligence on share sales and purchases. Contributing to advice on contractor agreements (e.g. agency worker regulations). Collaborating in relation to share scheme creation and revision.

Debt Recovery Collaborating in relation to questions of contract interpretation and also where a dispute has arisen which the parties are keen to resolve at a commercial level rather than through formal legal proceedings. Collaborating in relation to disputes following share sales and business sales (e.g. disputes about deferred consideration due and breach of warranty claims). Contributing to advice in relation to contentious intellectual property rights matters.

Private Client Collaborating with Private Client in relation to business ownership and structuring matters.

Family Collaborating in relation to business due diligence matters connected with divorce (e.g. to check that the client has the necessary information to make an informed decision). Implementing business transfers/divisions resulting from divorces. 21

Herrington Carmichael Solicitors | 2016/2017 Annual Report

Key contacts Yavan Brar

Alex Canham

Partner and Department Head

Senior Solicitor

All aspects of corporate work

Corporate and intellectual property matters

DDI: 0118 989 9713 Email:

DDI: 0118 989 9717 Email:

Yavan is renowned in the Thames Valley business community as a dealmaker and as an extremely effective negotiator, with the 2016 edition of the Legal 500 UK recommending him as being ‘reliable and quick to respond’ and the 2012 edition of The Legal 500 UK recommending Yavan as an ‘...excellent dealmaker...’.

Since joining the Corporate and Commercial team in 2010, Alex has evolved into a key team member being promoted to Senior Solicitor in October 2016.

He has an excellent track record of consistently delivering corporate/M&A work of the highest quality over the last 15 years and in the last seven years he has grown Herrington Carmichael LLP’s Corporate and Commercial Department from a team of two to a team of ten.

Alex is also responsible for the firm’s international offering and represents the practice area with IR Global ( attending conferences globally (Shanghai, San Francisco, Singapore, Amsterdam and London) to raise the firm’s profile and build relationships.

Mark Chapman

Jo Noddings



All aspects of commercial work

Business ownership and banking matters

DDI: 01276 854928 Email:

DDI: 0118 989 9712 Email:

Mark is recommended in the 2016 edition of The Legal 500 UK where it is noted that Mark is ‘commercially astute’, with the 2015 edition of The Legal 500 UK having recommended Mark as ‘…very approachable, with a great knowledge of the client’s business”.

Jo joined the Corporate and Commercial team in October 2014. Jo advises clients on a wide range of corporate and commercial matters including business ownership and assists Yavan Brar with complex restructuring and M&A projects. Jo also specialises in banking and financing acting on behalf of a variety of high street banks as well as private investors and borrowers.

Having worked as legal counsel at Acromas (which at that time owned and operated the AA, Saga and BSM brands), and as EMEIA Legal Counsel at Apple, Mark brings a unique blend of experience to the Corporate and Commercial team. Mark has extensive experience advising on commercial matters, both in-house and in private practice, with a focus on cross border and complex commercial projects, particularly in the financial services and automotive sectors. Mark is responsible for our regulatory and compliance offering, and advises businesses on financial services matters (particularly in the insurance and pensions sectors) and on consumer law matters. 22

Alex specialises in corporate projects with an intellectual property or financial services focus and also advises on discrete intellectual property matters.

2016/2017 Annual Report | Herrington Carmichael Solicitors

Cesare McArdle Solicitor Construction matters

Michelle Lamberth Senior Paralegal Company secretarial, due diligence and banking matters

DDI: 0118 989 9709 Email:

DDI: 0118 989 9706 Email:

Cesare qualified as a solicitor into the Corporate and Commercial team in early 2015. Cesare advises on a range of corporate and commercial matters, and specialises in all aspects of construction law including all standard forms of building contracts, bespoke building and development contracts, sub-contracts, collateral warranties and professional appointments. Cesare regularly advises property developers and employers on building contracts and banks on a variety of different construction-related matters.

Michelle is a fellow member of the Institute of Paralegals, specialising in Corporate Law, having over ten years’ experience in this field. Michelle advises clients on all aspects of corporate governance and specialises in general meeting compliance; advice on articles and constitutional documents; advice on changes to officers and share transfers; and restructures. Michelle also provides corporate and banking transactional support including the set up, organisation and administration of online data rooms.

Matthew Lea Solicitor Data protection matters

DDI: 0118 989 8155 Email: Matthew has worked with the Corporate and Commercial team since 2012, qualifying as a solicitor in September 2015. Matthew predominantly acts for clients with commercial legal requirements including data protection and privacy law audits and policies, terms and conditions of sale and supply, distribution agreements, outsourcing agreements and software and licensing agreements.


Real estate

2016/2017 Annual Report | Herrington Carmichael Solicitors

The headlines 2016 was another very strong year for our Real Estate team, delivering a further 14 per cent growth and setting a new fees record for the firm. A particularly impressive result given that turnover in 2015 had increased by 32 per cent on the previous year. Led by Tim Hardesty, the team now comprises 14 lawyers, with strength in depth at all levels of experience from Partner to recently qualified Solicitors and supporting juniors. An exceptionally large offering for the Region and which necessitated the taking of an additional wing of space at our Camberley office to house this dedicated property team. This year has seen consolidation in both the quality and breadth of our work, enhancing our market leading reputation in three key areas of expertise: 1. Property Development work drives the team’s successes: We have added further developer clients to what was already a long list of reputable and leading regional and national developers. We have also increased the volume of transactions where we are instructed by landowners seeking to realise the full development value of their property holdings by entering into strategic promotion agreements and contracts for sale with developers conditional on planning. 2. Commercial Property: We continue providing ‘added value’ supporting property managers in respect of all landlord and tenant matters relating to their investment portfolios (landlords) or advising on and protecting the occupational interests of tenants taking new leases or restructuring their existing leases of retail, office and light industrial business premises. This year we were engaged on a number of transactions at significant annual rents (some exceeding £500,00pa).

We are one of a select number of firms on the legal panel for expanding challenger bank, Metro Bank Plc

3. Real Estate Finance: We are one of a small number of panel firms for expanding challenger bank, Metro Bank Plc. Our dedicated secured lending team were engaged throughout the year on a steady stream of high-end portfolio lending matters. We lodged a successful submission with Arbuthnot Latham & Co Limited and are pleased have been engaged to advise this active city-based private bank. We also increased the number of instructions received from other High Street Banks undertaking independent due diligence work on substantial lends. In addition, we continue to be very active in the mezzanine finance sector. 4. In our second year of membership of IR Global we retained our status as ‘exclusive Real Estate Member’ for England. Owing to the profile we have built within this International Network of professional advisers, Mark Izquierdo has been promoted to the ‘Real Estate Steering Committee’.


Herrington Carmichael Solicitors | 2016/2017 Annual Report

The highlights We have been engaged in many interesting and challenging instructions in 2016, including: Acting for a leading homebuilder on an £11m acquisition of a site conditional on obtaining planning permission for an 80 house development scheme. With two separate vendors and complicated deferred additional price payment provisions, contingent on the planning obtained and performance on sales (the receipts actually achieved for the developed property sales).  Advising a landowner in relation to a major collaboration agreement and development agreement entered into with a national developer for delivery of 800 new homes over an 11 year 5 phases programme. Involving collaboration objectives; joint venture development works; building licence; options to drawdown phases at stages achieved in the development programme; delivery of infrastructure (school, country park works); serviced land disposals (for commercial development); marketing strategy; guaranteed land price and overage (surplus payments based on sales). Acting for a national developer on an unconditional £8million purchase of land with the benefit of planning permission for 24 houses. Negotiating deeds of grant of rights of way with neighbouring landowners, enabling full access rights to the site and a lease of additional land for parking to serve the development. Completed within tight timeframes set by the vendor, in view of the strong completion for the site from other interested developers.


Advising a local partnership on its first residential development project, the acquisition of a site comprised of two houses for demolition and redevelopment as two blocks of flats. Negotiating two further option agreements, with owners of adjoining properties. Subject to obtaining satisfactory planning permission, this extra site will be developed as phase two (for a similar flat scheme). With funding in part from a third party private investor, the balance from a recognised Property Finance Lender. Conducting the sales of all the completed flats (plot sales). Acting for the landowner in respect of a promotion agreement of a property forming 40 acres of a larger development site being promoted by the developer to accommodate a New Town. Incorporating complex drafting covering issues such as how to achieve a price (circa £18m) when the land could be developed over a period of many years with different landowners selling their parts of the development site at different times. Further complicated by the land being subject to poorly-worded historic overage obligations that were defective and which needed to be suitably addressed. Advising four separate landowners of an existing residential site who agreed key terms for the sale of their properties to a developer on a conditional basis, subject to satisfactory planning permission being obtained for redevelopment of the assembled

site for 29 retirement living apartments. The purchase prices payable for each of the four properties was strictly confidential to the respective landowners. Negotiating and settling the terms of a master conditional sale contract. Tailoring the terms to suit each property and price and reporting to each landowner separately. Acting on a major strategic option agreement for the sale of 30 acres of agricultural land for residential development by one of the UK’s best-known residential housebuilders worth circa £15million. The option agreement was a complex document (running to 100 pages) and included planning overage following completion. There were a number of title issues that also required sensitive and commercial handling to enable exchange of the option agreement. Providing support on a US corporate real estate transaction (the sale of a US property holding company). Our client held a long leasehold interest of a television studio in London. The parent company was to be sold with the holding company retaining its interest in the city property. The holding company was then to grant a lease to the purchaser. We led work on all aspects of the due diligence of the London property and in granting a lease of the property to the purchaser which followed the terms of the lease arrangements agreed in the US. The lease containing rights for the tenant to renew, rights of pre-emption (first refusal)

2016/2017 Annual Report | Herrington Carmichael Solicitors

and options for the tenant to purchase the property, all of which adhering to the commercial terms agreed in the US for the US real estate interests. Advising a funder in its role as secondary lender, providing mezzanine finance to fund the borrower’s acquisition of a grade II listed property in London for redevelopment into four residential dwellings. The transaction consisted of the borrower successfully bidding for the property at auction. Undertaking a comprehensive due diligence exercise on the property and proposed residential development and drafting of the required security documentation. Acting for a client restructuring its property portfolio at a development site. Including taking 27 residential leases for investment purposes while simultaneously refinancing the development and then transferring the freehold reversions. Drafting the necessary leases and transfers to effect restructuring between group companies. Addressing the requirements of the lender’s solicitor in relation to the charge. Negotiating consents to the leases and charge from the existing lenders of the freehold development site. Arranging the transfer of the freehold blocks into the name of a further group company. Advising a leading transport services provider on its relocation from multiple sites to a new depot, following our client’s successful bid for new bus routes in the Wokingham

and Bracknell area. Undertaking an extensive due diligence exercise in respect of the new leasehold interest for the new depot. Simultaneously dealing with the assignment and underletting of our client’s existing multiple-sites leasehold property to enable the wholesale relocation to one location. All completed within a tight timeframe to facilitate the start of our client fulfilling its obligations under the new services contract. Acting for a landlord company on an agreement for lease conditional on planning for the grant of a new 125-year lease to a household name food retailer for a new supermarket store. Negotiating the contractual documentation and dealing with title disclosure and replies to enquiries. Completion also being conditional on vacant possession of a multi-let site, requiring close property management work in conjunction with our client. Acting for a Bank in relation to a new loan for the refinancing of existing lending, the loan being secured over six long leasehold properties with a combined value exceeding £10m. Our secured lending team carried out the independent due diligence work for the Bank in respect of each property (including title investigation and reporting on the terms of the tenancies granted by the borrower in each of the properties).

dwelling and the construction of a new dwelling and boathouse. A section of the river was included in the transfer. The vendor had owned the property since the 16th century and the land was comprised in a number of complicated unregistered freehold titles. Due diligence work involved extensive enquiries to establish the riparian rights for the benefit of the property and the restrictions imposed by the Environment Agency. Further complicated by the footings of a main line railway bridge being supported by the property, with Network Rail implications to be addressed. Acting for a high street bank providing a £2.5m loan to enable refinancing existing lending secured against a property. The property having a value of £5m being a business park accommodating 3 separate office buildings/blocks all subject to occupational tenancies. Our engagement involved conducting all due diligence work in respect of the property and preparation and registration of the security documents. Acting for a lender advancing £3.5million taking security over property consisting of a combination of over 20 freehold and leasehold titles. The borrower required the loan to repay the existing lending against the borrower’s property portfolio and to fund the purchase of a new property.

Advising on the purchase of an island property in the Thames (bound by two rivers) with the benefit of planning permission for the demolition of an existing


Herrington Carmichael Solicitors | 2016/2017 Annual Report

Key contacts Tim Hardesty

Mark Izquierdo

Partner and Department Head


DDI: 01276 854905 Email:

DDI: 01276 854936 Email:

Tim is the key Real Estate contact for the department and manages the relationship with the main developer clients as well as managing the team. Tim has particular expertise and experience in residential development work (both for developers and landowners). He regularly deals with multi-million-pound land acquisitions and disposals (by way of unconditional / conditional contracts/options and strategic option agreements).

Mark specialises in investment and development work (residential & commercial). He has over 19 years of experience working in the property market and acts for clients with substantial property portfolios as well as for occupiers, developers and funders. His notable clients include a ÂŁ100m+ commercial property investment portfolio company.

Daniel York

Claire McSorley

Senior Solicitor

Senior Solicitor

DDI: 01276 854901 Email:

DDI: 01276 854909 Email:

Daniel manages the commercial leasehold and secured lending teams. Daniel acts for both landlords and tenants of commercial property in relation to the granting and taking up of new leases, negotiating and documenting lease renewals, surrenders, assignments and undertakings.

Claire’s areas of responsibility include: Site acquisitions (options/conditional contracts/unconditional contracts/ overage deeds); Legal Charges and mortgage related work; Planning agreements with the Council; Utility Company Deeds; Site Disposals - including drafting the master documentation for the development.

Lauren Dimmack

Sarah Gibson



DDI: 01276 854937 Email:

DDI: 01276 854933 Email: Lauren and Sarah job share and have over 6 years of experience in general commercial property work. They are both experienced in landlord and tenant work, sale and purchases of residential and commercial property and assist with secured lending and corporate transactions including property matters.


2016/2017 Annual Report | Herrington Carmichael Solicitors

Steph Richards

Joshua Watkins


Legal Executive

DDI: 01276 854929 Email:

DDI: 01276 854948 Email:

Steph acts for both property developers and landowners in relation to the acquisition and disposal of land and properties for residential development. She also deals with associated matters such as planning agreements and deeds of grant for utility providers. In addition Steph regularly advises on the property aspects of secured lending matters.

Josh is experienced in commercial and residential conveyancing and security work and acts for clients extending their residential leases (enfranchisement) or acquiring the freehold from their landlord (rights of first refusal).

Rosie Jamieson

George Shepherd



DDI: 01276 854920 Email:

DDI: 01276 854910 Email:

Rosie qualified in September 2016. She advises on residential development work, commercial leases and secured lending.

George provides invaluable supports to the commercial property and secured lending solicitors as well as running his own files.

Bethany Powell Sales Supervisor DDI: 01276 854939 Email: Bethany is responsible for managing the new build Plot Sales for various reputable developers.



2016/2017 Annual Report | Herrington Carmichael Solicitors

The headlines Over the past 12 months, the Employment team has seen substantial growth in market share and performance. A 47 per cent increase in team revenues confirms how we continue to ‘buck the market trend’ in the employment field. Our team has handled a high volume of demanding employment law matters in 2016, many of them involving complex points of employment law, particularly tight time frames or complex situations. While we have continued to provide ongoing responsive employment law solutions for clients, the market trend in the field of employment is that we have seen more clients prepared to engage in areas that they previously would not have considered. For example, clients are prepared to put in place obligations on their employees to protect the client’s business and to enforce those obligations, where an employee does not comply. There is also a growth in interest in the areas of employee data management, reorganisations and restructures, and business immigration.

Her skills bring a range of commercial benefits for clients of our Employment law team. Imelda has undertaken high level work for several clients including covering a wide variety of immigration routes in the UK and providing advice to clients in relation to the right to work in the UK, sponsorship and investor/ entrepreneur applications. New client wins for the Employment department include Bovis Homes Group plc; Crediton Dairy Ltd; Embody (Direct) Ltd; Fleet Europe plc; Retail Insight Ltd; and Symless Ltd.

Over the past 12 months, the Employment team has again recruited a number of key new people, further expanding and enhancing the skills and resources to which our clients have access. Building on our existing team, we hired Solicitor, Imelda Reddington. Imelda is a leading specialist in the area of business immigration.

The Employment team has again recruited a number of key new people, further expanding and enhancing the skills and resources to which our clients have access 31

Herrington Carmichael Solicitors | 2016/2017 Annual Report

The highlights

Whole firm approach

Key matters that the team has worked on this year are:

We regularly work together with the Corporate Commercial Department and Dispute Resolution Department in relation to various matters, including:

1. Advising on and defending a multi-million-pound disability discrimination claim for a leading financial institution. 2. Advising and assisting with the multi-site reorganisation, redundancies and transfer of employees for one of our main clients. 3. Advising on and defending a complex whistleblowing claim for a client, where the employee only had six months’ service. 4. Advising on and defending a high value claim in relation to death-in-service benefits. 5. Advising and assisting a client with a full review of their commercial practices to ensure that their approach to engaging individuals was such that they remained self-employed. 6. A  dvising and assisting with a complex trade union dispute in relation to pay and working conditions. 7. Pursuing a complex TUPE transfer claim, for a high-net worth individual, where there were up to eight different potential companies that he was pursuing. 8. Advising  and assisting with the enforcement of posttermination restrictive obligations against a former director of one of our clients. 9. Advising and assisting with the implementation of new, more restrictive, employment contracts for employees together with new policies and processes for the employer to ensure they remain compliant with good industry practices. 10. Advising a client on their obligations in relation to the free movement of people under the relevant EU treaties. 11. Obtaining several sponsor licence renewals for clients in order that they can continue to sponsor their migrant workers. 12. Advising several clients in relation to how to meet their immigration requirements in light of Brexit.


1. Business acquisitions and disposals; 2. Senior individuals either joining or exiting who have or require extensive share options or share incentive agreements; 3. Enforcement of post-termination restrictive obligations; and 4. Changes in service providers under commercial terms where the Transfer of Undertaking (Protection of Employment) Regulations apply.

2016/2017 Annual Report | Herrington Carmichael Solicitors

Key contacts Alistair McArthur

Imelda Reddington

Partner and Department Head

Business Immigration Solicitor

DDI: 0118 989 8158 Email:

DDI: 01276 854932 Email:

Alistair McArthur continues to lead the team. Having played a key role in a number of high profile matters with household-name clients, Alistair has developed the team to being a leading provider in the market. Alistair has a substantial breadth of experience, particularly in the area of enforcement of post-termination restrictions and TUPE. Alistair is recognised in the current editions of both The Legal 500, and Chambers and Partners.

Imelda provides clients with specialist assistance with their business immigration needs. In this complex, technical and ever-changing area, Imelda provides clients with clear advice on their circumstances and immigration routes available to them.

Katie Harris

Robert Frampton

Senior Solicitor


DDI: 0118 989 9710 Email:

DDI: 0118 989 8150 Email:

Katie Harris, a senior member of the team, has seen promotion this year to the position of Senior Solicitor due to her exceptional breadth of experience and the work she has handled over the period under review. Katie demonstrates particular strength in complex areas of employment law including discrimination and equal pay claims.

Robert Frampton has grown his own niche within the team, providing regular ongoing support to a number of our primary clients in relation to their employment law needs across areas such as disciplinary, grievances and employer’s practices. Clients rely on Robert for the proactive support he provides.


Dispute resolution

2016/2017 Annual Report | Herrington Carmichael Solicitors

Herrington Carmichael’s commitment to growth and expansion has been particularly evident during another busy year for the firm’s Dispute Resolution team. The firm continues to handle a wide variety of disputes in the High and County Court as well as the Property Chamber, delivering commercially relevant, practical solutions designed to keep clients out of court where possible. Particular areas for expansion in 2016 have been an increasing intellectual property dispute practice, as well as significant growth in highly sensitive inheritance disputes.

The highlights 1. Acting for a company which provides specialist finance packages for residential and commercial development clients. A substantial sum of money was due to our client, following our client’s failed development project, under which the individual director had provided by way of security to our client equitable mortgages over a number of properties owned by him. The individual had been made bankrupt and the trustee in bankruptcy was disputing the validity of the equitable mortgages and thus the ability of our client to be paid as a secured creditor. A robust approach was taken addressing complex property and insolvency legal points with the solicitors for the trustee in bankruptcy which secured the release of funds from the court on an agreed basis beneficial to the client. 2. Acting for a corporate client in a claim made by a significant customer relating to a highly technical product incorporated into specialist commercial vehicles each worth in excess of £100,000. The customer had a significant problem with its end customer who had taken delivery of a small fleet of the vehicles and who was experiencing excessive levels of breakdown and failures. The customer was asserting that the root of the problems lay with the product, provided by

our client, being defective. The claim was robustly addressed on both legal and technical grounds and as a consequence the claim was abandoned. 3. Acting for a client in its dispute with a commercial customer which the client had been trying, unsuccessfully, to address directly. The client’s key criterion was to resolve matters quickly but commercially. Court proceedings were issued and, although defended, we were able to secure an advantageous settlement within a further four weeks to bring the dispute to a close. 4. Acting for a property development company in a multi-party dispute relating to investment and loan funding. There were various strands to the dispute and parts of the dispute were resolved separately. The primary claim was listed for a seven-day trial in the High Court but we were able to persuade all parties to engage in mediation and a resolution was achieved whereby the both the bank and the other funder (an individual) released our client on terms which required no further monies to be paid by the client. In conjunction with this, a smaller funder (an individual) who had asserted she had personal guarantees from the directors issued Statutory Demands. Those demands were successfully struck out with costs awarded to the director clients following a hearing. Following this, terms were

reached with the smaller funder to remove that as a complication from the primary dispute. 5. Acting for a very experienced director/shareholder in a complex dispute relating to the agreement reached with a fellow shareholder following the sale of the shares in the business to another corporate entity which also entered into a ‘put and call agreement’ with the intention of a subsequent sale to a named third corporate entity. The agreement provided for an additional significant payment to be made by the client when the ‘put and call agreement’ completed. The onward sale was eventually made to a company outside of the UK jurisdiction and not to the entity envisaged at the time the agreement was entered into. This, in turn, led to a dispute as to whether sums were due to the fellow shareholder and complex issues as to how that sum would be calculated if any payment was due. The claim was progressed very aggressively at a time when the client was heavily involved in key strategic financing issues for his current business that required his full attention and the need to be abroad a great deal. The strategy adopted secured the client time to deal with the immediate demands of his business and developed a negotiating platform that enabled the matter to be resolved by a Consent Order to the entire satisfaction of the client. 35

Herrington Carmichael Solicitors | 2016/2017 Annual Report

6. Acting for commercial tenants in a commercial property subject to a formal lease. The commercial landlord was in breach of obligations to keep safe the fabric of the building such that it was not safe for the client to continue to operate from it. Numerous promises to remedy the issues had been made but the ‘remedies’ were ineffective. The landlord asserted that it had complied and that the client was obliged to continue to pay rent and comply with its obligations under the lease. The client had located other premises and wished to bring the lease to an end earlier than the actual lease term without penalty. The matter was robustly addressed and, by utilising a clear understanding of the legal complexities whilst understanding the client’s goals, a resolution was achieved without the client being required to make further rental payments or dilapidations. 7. Acting for a private individual in a highly complex multi-party High Court dispute involving inheritance and estate administration of two different estates as well as Freezing Injunctions. The primary defendant died during the process causing further complications. Successfully opposing an application for summary judgement against the client and extracting him from the proceedings on beneficial settlement terms. 8. Acting on behalf of a residential landlord to successfully remove a number of tenants from his portfolio in a timely manner. The tenants had been causing nuisance to the neighbouring occupiers and damage to the properties. Possession was obtained without further damage or disturbance. 9. Acting for a landlord of a valuable retail unit in Central London. The tenants had been let in by the client’s managing agents, who had failed to carry out the required checks and had produced a lease drafted by them which was highly prejudicial to the client in that it gave the tenant security of tenure. The tenants were in breach and, following the issue of proceedings, the tenant agreed to surrender the lease and gave vacant possession. New tenants have been secured and the loss occasioned by the managing agent’s negligence has now crystallised enabling the client to pursue a claim. 36

Our whole firm approach Private Client Acting on behalf of the Executors of an estate being administered by our Private Client team in order to advised and act in relation to possession proceedings against the tenant of a property in the estate so that the Property can be sold. Acting in relation to a contentious probate matter dealing with a dispute between the Executors. The estate accounts were likely to be complex and would impact on the feasibility of any settlement. Accordingly, our Private Client team offered advice and support along the way in order to ensure that the parties were fully informed of the financial implications of any deal.

Real Estate Acting for a client, who provided specialist finance packages for residential and commercial development clients. Our client was owed a substantial sum following a failed development project. Under the terms of the deal, an individual director provided security through equitable mortgages over a number of their properties. The individual was made bankrupt and the bankruptcy trustee disputed the validity of the equitable mortgages and thus the ability of our client to be paid as a secured creditor. Thanks to our robust approach, we were able to address a range of complex property and insolvency issues, and to secure the release of funds from the Court on an agreed basis for our client. Acting for a residential property lettings business owner in securing the speedy removal of a series of tenants in their residential portfolio who were causing nuisance to neighbouring occupiers and damage to the properties.

Corporate & Commercial Acting for a client on a claim in the High Court by their former employer, for breach of Directors’ duties and misappropriation of funds. The claim commenced aggressively with a freezing injunction asserting repayment was due of a six-figure sum. A negotiated settlement was achieved whereby our client paid less than six per cent of the sum originally claimed with each party bearing its own legal fees. Acting for our client in the recovery of various sums arising from a complex bonus scheme from their former employer, a multi-national corporation. Had the case reached the courts, the proceedings would have required a complicated and expensive disclosure process relating to documents/ records held by the defendant employer to the bonus scheme provisions. Strong negotiations secured a settlement amounting to 80 per cent of the sum claimed by our client together with the recovery of their legal costs without the need to commence the detailed disclosure exercise described above.

2016/2017 Annual Report | Herrington Carmichael Solicitors

Key contacts Frankie Tierney

Frances Kyle

Partner, Department Head and Chief Executive

Senior Solicitor

DDI: 01276 854917 Email:

DDI: 0118 989 8154 Email:

Frankie continues to lead the team. She joined the firm in 1982 as a Trainee, qualified with the firm in 1985 and became a partner in 1989. She was appointed Chief Executive in 1999. She is a highly experienced litigator. Frankie represents companies, professional practices, shareholders, partners and individuals in resolving commercial, individual and contract disputes. Frankie regularly handles work in the High Court, County Court and Lands Tribunal as well as Mediations.

Frances specialises in commercial and civil litigation for both businesses and individuals. This includes contract disputes, residential and commercial property disputes and Court proceedings and inheritance disputes. Frances regularly assists professional clients as part of our Healthcare team and is a specialist in assisting with challenging care funding decisions by CCGs in respect of Continuing Healthcare Funding.

Jill Lipscombe Solicitor DDI: 01276 854924 Email: Jill specialises in civil and commercial litigation. Areas of work that she regularly handles for business clients include contract disputes, debt recovery and protecting intellectual property. Legal disputes that Jill assists individuals with include landlord and tenant disputes, inheritance matters and property disputes. Jill is experienced at advocating in the County Court and assisting clients through mediations.

Frankie Tierney is delighted to confirm that the Dispute Resolution Team is being joined in June 2017 by Robert Syms. Robert has in excess of 16 years commercial litigation experience and will be based at our Wokingham office. He has an excellent pedigree having spent some 14 years as a solicitor and senior associate in the Commercial Litigation team of Shoosmiths in Reading Robert Syms


Residential property & new build

2016/2017 Annual Report | Herrington Carmichael Solicitors

Herrington Carmichael’s focus on growth and development has been particularly evident within the firm’s Residential Property and New Build team. There have been a number of substantial changes in 2016. Following David Keighley’s retirement in October 2016, former Deputy Head of department, Annari Holmes, was promoted to Partner and Head of the Department. With a significant growth in client work, the team billed more than £200,000 in December 2016 alone. This growth has been reflected in the creation of three lawyer and four support staff positions, increasing the level of service the firm can offer to clients across the region. Continuing professional development is a core area of focus for the firm and this is particularly evident within the Residential Property and New Build team. A number of the department’s paralegals have started legal courses, with a view to becoming qualified lawyers. In addition to our strong foundation of private client conveyancing work, our reputation for advising on New Build conveyancing has seen a marked increase in profile, with the firm’s appointment as panel solicitors for Radian and Antler Homes. This is in addition to our already established panel memberships for Barratt Homes and Redrow, and long-standing referral relationships with estate agents across the South.

The highlights Acting for numerous buyers on several developments for a variety of developers. The department completed a total of 1,900 matters in the last financial year with the New Build Team completing 270 in June and 250 in December. Acting on several interesting private purchases and sales including matters involving listed buildings, adverse possession applications, first registrations, manorial right claims, rights of way over commons land and amalgamation of complex titles. We are one of two panelled solicitors for a (Housing Association) Registered Provider resulting in an increase of instructions on shared ownership purchases, staircasing and sales.

Most important, however, are our many ongoing client relationships. In 2016, in particular, we saw a large increase in the number of referrals by previous clients, recommending Herrington Carmichael to family and friends.


Herrington Carmichael Solicitors | 2016/2017 Annual Report

Our whole firm approach

Private Client

The Residential Property team work closely with the Private Client department and also require assistance from Corporate Commercial and Real Estate when dealing with a commercial aspect of a residential transaction.

We assist with first registration of estates.

We assist with transferring properties into the names of trusts or beneficiaries in accordance with a Will. We assist with Probate Sales.

Corporate & Commercial We liaise with our Company Commercial Department when we have a company purchasing a property subject to a mortgage where advice is required on personal guarantees and registration of the charges at Companies House.

Family We assist with matrimonial transfers of equity pursuant to consent orders.

Dispute Resolution Dispute Resolution assist us with regard to drawing up declarations of trusts for parties purchasing in unequal shares or unmarried couples bringing their own inequity into the purchase. Dispute Resolution assist with problems arising after exchange/completion.

Real Estate We work closely with Real Estate on matters requiring lease extensions or notices pursuant to the Landlord & Tenant Act where a client purchase with a tenant in situ.


2016/2017 Annual Report | Herrington Carmichael Solicitors

Key contacts Annari Holmes

Lucy Eldred

Partner & Department Head

Senior Solicitor

DDI: 01276 854940 Email:

DDI: 01276 854922 Email:

Annari leads our conveyancing team. She started her employment with Herrington Carmichael in February 2005 and has been the team leader of the New Build arm of the Residential Department since the latter part of 2008. Annari was Deputy Head of the department from 2011 and became a Partner and Head of the Department at the beginning of October 2016 following the retirement of David Keighley. Annari deals on a daily basis with the usual freehold and leasehold transactions (registered and unregistered transactions) and has a specialism in all New Build transactions. Annari also has extensive experience in non-standard conveyancing matters such as listed buildings transactions, variations/rectifications of leases, deeds of grant, assignments, exclusivity agreements and adverse possession applications.

Lucy joined the team in November 2015 having previously worked at a large firm in Guildford. Lucy has considerable experience of not only acting for clients on sales and purchases, but also development work both on the selling side for developers and on the purchasing side for clients wanting to purchase a New Build property. Lucy currently deals with all conveyancing matters including sales, purchases, transfers of equity, remortgages, probate sales, auction sales and purchases.

Samantha Flack Conveyancing Executive DDI: 01276 854944 Email: Samantha joined the team in February 2016 and has more than 15 years’ experience dealing with all aspects involving New Build transactions including acting for purchasers, assignments of contracts, part-exchanges, sales and remortgages. We are currently the recommended solicitors for buyers on sites being developed by several national and international developers.



2016/2017 Annual Report | Herrington Carmichael Solicitors

The Family team had a busy year in 2016, and is now highly ranked in The Legal 500 UK. In particular Partner and Head of Department Maria Mulroe received individual recognition and is praised for her ‘ability to guide the client forward’.

The team has undergone significant change and this year has welcomed a new solicitor and trainee solicitor to strengthen its position in the local and national market as a “go to” firm for all family law issues. The team’s particular focus is on financial and children matters further to marriage breakdown. Its core services include mediation and collaborative law with two lawyers collaboratively law trained enabling the team to offer clients a tailor-made approach to their individual circumstances. In addition to the team’s core services relating to marriage breakdown and children matters, the include mediation and collaborative law with two lawyers collaboratively law trained has enabled the firm to offer clients a tailor-made approach to their individual circumstances. The team continues to work closely with the Private Client department, to ensure depth in advice given concerning financial and wealth planning. Supporting the firm’s cross-departmental and international development strategy, the Family team has, increasingly, seen matters requiring a range of commercial and company expertise, as well as International law. In particular, 2016 has seen the Family team work for a number of accountants, who appreciate the approach taken and rigor in financial matters. The availability of this specialism, across the firm, has established the team as recognised experts in higher net worth matters and those involving businesses.

The highlights Advising on a complex divorce which proceeded to Trial including inheritance and gifts received during the marriage. Arguments centred upon significant financial contributions to the marriage. The case also brought to light some complex issues concerning shareholdings in business, some of which were held in Trust. Advising a business owner in relation to a contentious financial settlement upon divorce. The case included disputes concerning the value of the husband’s business and requires expert opinions on the value of that business. Advising a client in respect of a family-owned business of significant value. The case involves complex issues concerning share values and assets held in Trust.

Supporting the firm’s cross-departmental and International development strategy, the Family team has, increasingly seen matters requiring a range of commercial and company expertise, as well as International Law

Advising international clients in respect of divorce and financial remedy proceedings. The advice received is also in respect of business assets and commercial litigation in other jurisdictions. Advising a client in relation to a co-habitee dispute and on financial provision Schedule 1 Children Act matters.


Herrington Carmichael Solicitors | 2016/2017 Annual Report

Our whole firm approach Working with the private client department in connection with complex financial assets held in Trusts Working with the corporate and commercial department in connection with family business’ Working with the corporate and commercial department in connection with complex shareholding structures Working with the employment department in connection with a family business of which our client is an employee with potential claims against the business.


New arrivals Danielle Bentley Solicitor DDI: 0118 989 9719 Email: Danielle joined the team in August 2016 as a solicitor. Danielle trained at a firm in Buckinghamshire and, upon qualification in 2014, joined a niche, family law practice in Berkshire with a predominant focus on high net worth cases. Danielle works very closely with Maria Mulroe and is starting to build her reputation in her own right for handling complex family law matters. Danielle is a member of Resolution which is a community of family lawyers who are committed to dealing with family disputes and issues in a constructive and non-confrontational way. Danielle is also recently an elected member of the Resolution committee for Buckinghamshire and Berkshire.

2016/2017 Annual Report | Herrington Carmichael Solicitors

Key contacts Maria Mulroe

Kate Lewis

Partner and Department Head

Solicitor and Mediator

DDI: 0118 989 9703 Email:

DDI: 0118 989 9714 Email:

Maria is a partner and the Head of Family Department. Maria joined Herrington Carmichael in August 2011 and, since joining the firm, has seen a change, overhaul and strengthening of the team. Maria has seen the family department grow from strength to strength, with its recognition in The Legal 500 and its ever-growing presence as a leading family team in the region.

Kate joined Herrington Carmichael in April 2017. She qualified in 1998 and has worked in Hampshire and surrounding areas specialising in all matters relating to relationship breakdown. She has developed a niche practice dealing with the Armed Forces.

Maria has over 20 years’ experience in family law and is an expert in all areas. Maria’s expertise means that she is often instructed in relation to complex, financial issues arising following a divorce including those with an international element. She is regularly instructed on high value cases and has particular expertise in complex business and overseas assets. She boasts extensive specialist family law knowledge having gained experience in leading London and Surrey-based firms. Maria has a Masters in child studies from Kings College in London which compliments her experience in dealing with children issues with internal and cross jurisdictional issues. Maria is a member of Resolution and is trained in Collaborative Law. Maria is fluent in Spanish, having lived in Barcelona before commencing her legal career.

Kate is a trained collaborative lawyer and mediator and aims to provide a tailor-made practical and supportive service for each of her clients which is both constructive and cost-effective. Kate is a member of Resolution which is an organisation of family lawyers who are committed to resolving family matters in a constructive and non-confrontational way.

Catherine Currie Trainee Solicitor DDI: 0118 989 9714 Email: The Family Team will be delighted to welcome Catherine Currie to the department when she qualifies as a Solicitor in September 2017. Catherine has been a trainee at the firm since September 2015 and has completed seats in the Private Client, Family and Residential Property departments.

Maria Mulroe, gifted technically, compassionate yet pragmatic, supportive yet objective and above all writes and talks in plain English rather than the legalise less mature and experienced solicitors use, I paid for the best and got it 45

Private client

2016/2017 Annual Report | Herrington Carmichael Solicitors

The headlines Growth and development have been major focuses for the Private Client department in 2016. We were particularly delighted when Faye Smith joined the team as a newly qualified solicitor. Faye completed her training contract with the firm and advises on all areas of Private Client law, including the drafting of simple and complex Wills; preparation of Lasting Powers of Attorney; the administration of trusts and estates and both pre- and post-death estate planning. In addition, we are proud to have three qualified members of the Society of Trust and Estate Practitioners (STEP) in the team: Anthony Tahourdin, Minnaar Badenhorst and Paul Denza, with Rachel Burnett and Faye Smith working towards their STEP qualifications. This demonstrates the department’s and the firm’s ongoing commitment to professional development, and encourages our fee earners to develop their skills and knowledge in order to best serve our clients. This team expansion means we can offer increasingly specialised services in our principal areas of work. In particular, head of department, Anthony Tahourdin, specialises in complex estate and trust administration; Minnaar Badenhorst leads matters linked to elderly and vulnerable clients, focusing on issues of capacity and Court of Protection work, and Paul Denza leads matters relating to lifetime tax and estate planning, whilst focusing increasingly on high net worth estates. As a result of this investment in people and specialism, the Private Client department has had another successful and prosperous year, with 2016 seeing a 10 per cent increase in turnover from 2015. Much of this has stemmed from our commitment to the development of long-standing relationships with clients, many of whom have stayed with the firm for their legal needs over many generations. The department’s reputation for Private Client work in Berkshire, Surrey and the neighbouring counties has, once again, been recognised in The Legal 500 2016, where the department is noted for its ‘very strong tax advice and associated tax planning’.

My sons and I were given very comprehensive advice on the Will and on drawing up Powers of Attorney in a straightforward and understandable manner. All our questions were answered clearly. I was very reassured by the whole process

The highlights Examples of our varied and specialist work in 2016 include: Advising on succession planning by preparing Wills which included a discretionary trust for business assets to pass into. This allowed the individuals to appoint specific trustees who are best placed to continue the running of the business for the benefit of their family. A detailed letter of wishes was prepared to guide trustees. Setting up a Vulnerable Persons trust to protect assets for a disabled family member and gain significant tax advantages. Preparing a Deed of Variation to vary the distribution of an estate where two spouses had died in quick succession in order to maximise tax efficiency. Advising on Lasting Powers of Attorney to protect businesses should a sole owner or director lose capacity. Preparing applications to the Court of Protection for an individual to be appointed as a Deputy to act on behalf of an individual who does not have the mental capacity to make decisions. This allowed a house to be sold and the sale proceeds invested to meet ongoing care costs. Making an urgent application to the Probate Registry for an emergency Grant of Representation to allow a sale of a property to complete where the deceased died between exchange and completion. Providing independent legal advice for Equity Release mortgages. Our specialist, Andrew Smith, has acted for clients on accounts with every lender on the market and has experience of every scheme that they offer.

Mrs G. Joslin CLIENT


Herrington Carmichael Solicitors | 2016/2017 Annual Report

Our whole firm approach Residential Property Advising on probate sales and transfers of equity. In particular advising when a property trust is wound up and the property needs to be transferred to the beneficiary. Collaborating on advice in relation to a seller’s death after exchanging contracts on the sale of their house. Residential Property negotiated a temporary licence to allow the buyer into the property whilst the Private Client team worked on obtaining the Grant of Probate on an urgent basis.

Dispute resolution Collaborating on the preparation of statements to be stored alongside the Will, to assist the estate in the event that an Inheritance (Provision for Family and Dependants) Act 1975 claim is brought. Advising more generally on UK and international probate disputes, firstly, by taking and filtering initial enquiries and, secondly, by providing technical advice on Wills, tax and probate procedures relating to the dispute. Preparing a Court Application for the appropriate interpretation of a Will where the wording was unclear (the Will was not drafted by Herrington Carmichael).

Family Collaborating where a client had an old divorce order or agreement, to ensure that all claims in lifetime and on death have been dismissed.

Residential Property and Real Estate:

Key contacts Anthony Tahourdin Partner and Department Head DDI: 01276 854947 Email: Anthony continues to lead the Private Client Department, having joined the firm in 1999. Anthony is an active member of STEP, Solicitors for the Elderly and The Law Society Probate Section. He has over 35 years’ experience in dealing with all areas of Private Client law but his principal interest is in the administration of Trusts and Estates. He regularly advises on complex estates including those with business or agricultural assets and often deals with high net worth individuals. Anthony is recognised in The Legal 500 as being ‘professional and approachable’ and clients praise his ‘sympathetic and understanding attitude’.

Paul Denza Solicitor DDI: 0118 989 8153 Email: Paul has over ten years’ experience as a Private Client lawyer and is the latest member of the team to complete his STEP qualifications. Paul advises on Will drafting, estate planning, the administration of Trusts and Estates, and mental capacity work. He also focuses increasingly on complex and high-value cases and leads lifetime tax and estate planning matters. He has been praised by clients for dealing with matters ‘meticulously and sympathetically’.

Advising on the property matters arising in estates and tax planning cases.

Corporate & Commercial Sharing knowledge on structures for succession planning for business owners, both in their Wills and in their company documentation.

Employment Preparing contracts for privately engaged carers.


Minnaar Badenhorst Solicitor

DDI: 01276 854921 Email: Minnaar joined Herrington Carmichael in January 2016, having previously worked at a Top 100 law firm and over two jurisdictions. Minnaar advises on all areas of Private Client law and also heads up the department’s cases relating to older and vulnerable clients. Minnaar works closely with his clients and their families and he is often thanked for assisting them in times of need and difficulty. Minnaar is a member of STEP, Solicitors for the Elderly and The Law Society Probate Section.

2016/2017 Annual Report | Herrington Carmichael Solicitors

Rachel Burnett Solicitor

Faye Smith Solicitor

DDI: 0118 989 9704 Email:

DDI: 0118 989 9711 Email:

Rachel joined Herrington Carmichael in March 2016 and specialises in Wills, Lasting Powers of Attorney and Probates. She prepares a range of Wills including Life Interest and Discretionary Trusts Wills and advises her clients on the practical and tax implication of their choices. She also regularly prepares Lasting Powers and General Powers of Attorney. Rachel manages a range of Probate matters including simple extractions of the Grant to complex high net worth administrations. She is also currently studying for her STEP qualifications.

Faye joined Herrington Carmichael in July 2014 as a trainee and qualified into our Private Client Department in September 2016. Prior to this Faye completed a specialised training contract with the firm focusing on all Private Client matters and working within the team for over a year.

Andrew Smith Solicitor

She is a student member of the Society of Trust and Estate Practitioners. Faye advises on all areas of Private Client Law including the drafting of simple and complex Wills; the preparation of Lasting Powers of Attorney; the administration of trusts and estates and both pre death and post death estate planning.

Laura Karon

Trainee Legal Executive

DDI: 0118 989 9702 Email:

DDI: 0118 989 8152 Email:

Andrew joined Herrington Carmichael in March 2015 and has nearly 10 years experience as a Private Client lawyer. Andrew has 14 years of experience also working in financial services so is broadly most at ease or useful where financial and legal matters overlap.

Laura joined Herrington Carmichael in January 2012 and is a Trainee Legal Executive. She is an Associate member of the Chartered Institute of Legal Executives and is currently undertaking her CILEx qualification in order to qualify as a Chartered Legal Executive. Laura currently assists in the drafting of Wills and dealing with the administration of Estates.

Andrew specialises in Wills, probate, Powers of Attorney, Living Wills, Court of Protection applications, equity release, older client matters generally including those with dementia, clients contemplating moving into residential care or receiving care at home, vulnerable beneficiaries (for example, those with learning difficulties or other disabilities so they can not manage their own affairs).


2017 & beyond

2016/2017 Annual Report | Herrington Carmichael Solicitors

In publishing our 2015 Annual Review it would have been hard to imagine that, a year on, we are facing even less predictable times than before. In 2016 we have not only seen a vote in favour of Brexit but significant legislative challenge in terms of how it might be enacted. We have seen the inauguration of one of the most controversial US Presidents of modern time indicating that the controversy looks set to continue. It seems likely that 2017 will bring greater challenges for those businesses in the region that rely on European and US trade and immigration. Yet we continue to see growth, across the South, in new business as well as the expansion of existing brands. Our reputation as the ‘Silicon Valley of the UK’ seems set to continue with more tech companies choosing the Thames Valley as their home than ever before. Residential and commercial property development projects continue to grow with a new era for property banking and finance innovation dawning. More and more families are moving out of London to regions like ours, and an ageing population continues to present challenges as people not only work longer but have changing financial and legal care needs later in life.


Herrington Carmichael Solicitors | 2016/2017 Annual Report

So where does that leave our clients, in the South and Thames Valley, looking forward to 2017/2018? Herrington Carmichael has been on your high streets and at the heart of this community for almost two centuries. In that time we have seen two World Wars and the creation of countless trade and immigration ‘deals’, as well as,of course,the creation of the EU itself. And through all of this Herrington Carmichael continues to retain its place at the forefront of growth, innovation and legal excellence. Whatever the legislative and economic landscape has thrown at us, we have maintained a steady course by focusing on people: it is that simple!


We have invested in recruiting the best experts and administrative support staff. We work hard to present opportunities for their development so that they not only continue to offer clients the best service but we also retain them throughout their careers. Our trainee programme is one of the strongest, for retention of lawyers, in the UK and we are proud to take a longer-term approach to the individuals joining our firm. Working alongside this is our fundamental commitment to client service. Providing the very best service, quicker and more effectively is a key priority, supported by our moving to more modern premises and taking on significant investment in infrastructure and technology to allow us to better anticipate client needs and act on feedback. But most important to our future success, whatever 2017 presents, is stronger collaboration and communication across our service areas and with our network of international partners. As we enter our third year as active members of the IR Global network we recognise the benefits, for our clients, of open dialogue, cross-referral and professional support. Our individual service area reports demonstrate the pride we take in providing a ‘one-stop-shop’ for our clients, drawing in experts from across the firm to present multi-disciplinary teams that meet specific needs and objectives. It is our fundamental belief in the importance of people and relationships, whether with clients, colleagues, the local community or international referral partners, that has underpinned Herrington Carmichael for over 175 years, and we see no reason to change that now.

Plain speaking legal advice.

Camberley Office Building 9, Riverside Way, Watchmoor Park, Camberley, Surrey GU15 3YL T: 01276 686 222 F: 01276 28 041

Wokingham Office 27 Broad Street, Wokingham, Berks RG40 1AU T: 0118 977 4045 F: 0118 977 4560 Herrington Carmichael LLP is a limited liability partnership. Registered in England and Wales (Reg: OC322293) and is regulated by the Solicitors. Regulation Authority SRA No. 446245. Registered office is Building 9, Riverside Way, Watchmoor Park, Camberley, Surrey, GU15 3YL

Herrington Carmichael Annual Report 2016/17  
Herrington Carmichael Annual Report 2016/17