AUTOMOTIVE EXPERIENCE

Examples of our recent work include:  

COMMERCIAL

• Sale of Goods: Drafting terms and conditions of sale for variety of UK-based retailers of new and used motor vehicles.
• Supply of Goods: Advising the European subsidiary of a leading global Japan-based supplier of spare part and assemblies on the review and redrafting of its standard terms and conditions for the sale, lease and exchange.
• Procurement Contracts: Advising motor dealerships on cleaning contracts for their retail premises.
• IT Contracts: Advising a software developer on their licensing and support agreements for design of software supplied globally to transport manufacturers.
• IT Contracts: Advising a transport company on a contract to extend its smart-card electronic money payment system for use with other types of transport services.

CORPORATE

• Advised on Purchase of the Dixon Motor Group from Administration.
• Advised on Sale of 5 Mercedes dealerships to Marshall Motor Group.
• Advised on Purchase of BMW/Mini Leeds from Jardines.
• Advised on Sale of the Jaguar/Land Rover dealership in Perth, Jaguar and Morgan dealership situated in Edinburgh and the Land Rover dealership situated in Cupar.
• Advised Pentagon Motor Holdings Limited on the purchase of 3 dealerships.
• Advised Burrows Motor Group on the purchase of 4 dealerships.
• Advised Tustain Motor Group on the purchase of 4 Vauxhall dealerships.
• Advised Drive Motor Retail on the purchase of a Vauxhall dealership.
• Advised Sturgess Motor Group on the purchase of a Hyundai dealership.
• Advised on the most VAT efficient method of acquisition of several motor dealerships.
• VAT advice on the acquisition of property interests including the freehold and leasehold interests.
• SDLT advice on property acquisition of property and the availability of group relief.
• Negotiation of the terms of tax warranties and the tax indemnity on acquisition of multiple motor dealerships via a share acquisition.
• Advising Allparts Automotive Holdings Limited on the establishment and operation of a Share Incentive Plan (“SIP”) for all its employees, including advice on the impact of an acquisition of the company on the continued operation of the SIP.

DISPUTE RESOLUTION

• Successfully pursued an end-buyer to trial following the sale of an Aston Martin Vantage procured by a counterfeit cheque drawn on a Canadian bank account.
• Successfully defended our client against claims by various funders to a value of
  seven figures arising from the financing of hundreds of chassis cabs yet to be converted into motorhomes.
• Successfully defended  highly complex matter involving the forensic analysis of in excess of 25,000 documents in relation to 1500 vehicles and a mediation over unpaid commissions and bonuses.
• Successfully fended off claims to a value of in excess of £400,000 for alleged
  breach of contract arising from our client’s termination of supply of 150 motor vehicles to a re-seller.
• Advised on complex retention of title claims arising out of the purchase of the assets of Dixon Motor Group from its administrators.
• Advised on issues of competition law in substantial disputes with a number of manufacturers arising out of the termination of various Distribution Agreements.
• Successfully represented various clients in Trading Standards prosecutions for misleading advertising of finance products and for false odometer readings.
• Mitigated for various information offences in connection with goods vehicle infringements under the Construction & Use Regulations.
• Successfully defended VOSA prosecutions for EC driver hours, tyre and axle weight offences.

EMPLOYMENT

• HR Advice: Day to day human resources support for recruitment, performance management, disciplinary matters, grievances, absence management, employment documentation, severances.
• Single transactions: including specialist advice on restructuring, redundancies, outsourcing, relocation, mergers and acquisitions.
• Settlement Agreements: including drafting COT3 agreements.
• Obtaining a costs Order: virtually unheard of in the Employment Tribunal, against a Claimant for failing to appear.
• Unfair Dismissal: Successfully defending our clients at Tribunal against a Dealer Principal’s claim for unfair dismissal.
• Sex Discrimination: Negotiated a considerably reduced settlement via ACAS in a claim for sex discrimination.
• Disability Discrimination: Successfully challenged what was thought to be an indefensible claim by an existing employee for disability discrimination for failure to make reasonable adjustments.
• Disability & Constructive Unfair Dismissal: triumphed at Tribunal for the Group against a married couple in claims put at £190,000 for disability discrimination and constructive unfair dismissal.

REAL ESTATE

• Property Management: we routinely work closely with our automotive clients and their landlords in successfully negotiating/renegotiating commercial lease arrangements.
• Advised on Sale of a large real estate portfolio for £13.22m.
• Advised on Sale of part of a substantial property portfolio for £31.45m.
• Advised on Sale of vacant premises for £2.2m
• Advised on Option for sale of premises subject to planning consent £2m.
• Advised on 4 major projects for Pendragon plc involving a team of over 50 lawyers, delivering project on time and within budget.
• Advised on development process with a disposal in tandem with a pre-let. Standard Life.
• Advised on major conditional sale agreements in relation to sites for commercial and residential development.
• Advised on complex option agreements for development sites.
• Advised on development and redevelopment of site for use as office, dealership and serviced plots on the open market. Involved section 106 planning agreements and other infrastructure agreements relating to sewers and highways.