Charities and not-for-profit
Bates Wells & Braithwaite London LLP’s 25-fee-earner practice is the largest in the market, and spans property, dispute resolution, employment and IP. Team head Stephen Lloyd is a well-respected name, leading a ‘ capable’ team featuring Rosamund McCarthy, Julian Blake, Lawrence Simanowitz(whose areas of focus include IP and privacy law relating to charities), Lord Philips of Sudbury, and new partners Thea Longley(experienced in advising charities in the sports sector) and Abbie Rumbold. Philip Kirkpatrick is singled out as demonstrating the ability to ‘ offer advice very quickly’. Highlights for 2007 included advising on the three-way merger of Action on Addiction, Chemical Dependency Centre and Clouds, and advising the Charities Aid Foundation on establishing foundations for a number of wealthy overseas individuals. New clients include Diabetes UK, The Samaritans, and The Independent Schools Council.
Farrer & Co has tremendous strength and expertise in the sector, with lead partner Anne-Marie Piper(currently Chairman of the Charity Law Association) singled out as ‘ one of the top charity lawyers’. The group numbers five partners, including the recently promoted Joanne Coleman, and has an enviable client base including a large number of museums, hospitals, and educational institutions; it is a ‘ clear-communicating, positive and encouraging team’. Julian Smith and Sam Macdonald are recommended.
Team head Penny Chapman at Bircham Dyson Bell LLP has ‘ unrivalled knowledge and top class client skills’, with Simon Weil, Paul Voller, and Ian Adamson also noted for their ‘ good relationship with the Charities Commission’, and ‘ personal service’. The group recently advised on two high-profile concerts, including the Ahmet Ertgun Tribute Concert in December 2007. New clients include the Royal Naval Association, the Joint Committee of St John and British Red Cross Society, and Cripplegate Schools Foundation.
At Stone King LLP, Jonathan Burchfield has an ‘ exceptionally high understanding of business requirements and industry knowledge’. Michael King leads the team, and Robert Meakin is highly recommended. The group continues to advise the Diana, Princess of Wales Memorial Fund, in 2007 advising on redrafting the terms and conditions of grants, while another highlight was advising on the merger of The Royal Society of Health with the Royal Institute of Public Health, through Robert Meakin. The firm has offices in Bath and Cambridge as well as London.
Withers LLP has a dedicated, eight-partner charities practice led by Alison Paines, dividing into three business sections: operational, philanthropy and contentious. It has attracted a number of international clients thanks to its global network of offices, and it handles a large amount of NHS charity work. Richard Cassell is an expert in US/UK dual-qualified charities. Recent client wins include Help the Aged/Age Concern, and the International Baccalaureate Organisation.
Allen & Overy LLP’s team, noted for its ‘ first-class international capacity’, includes key contact Jennifer Chambers, who advises on constitutional, governance and tax issues, and the ‘ excellent’ Ceris Gardner, who handles contentious as well as non-contentious work. The team specialises in high-value financial work for charities, as well as advising financial institutions on providing finance and financial products tailored specifically to the charity sector, and on corporate social responsibility. Clients include the Chartered Institute of Taxation.
Charles Russell LLP’s charities and not-for-profit practice benefits from the firm’s strong private client team, and advises some prestigious names including Christian Alliance, The Consumers’ Association, and City and Guilds of London Institute, recently adding The Royal Navy and Royal Marines Charity to the list. Practice head Michael Scott is well known in the market, and Stephen Pallister is also known for his work in the sector. The firm acted for Alpha International on the acquisition of its new offices in London.
Hempsons has expertise in advising charities and also social enterprises, with medical organisations making up a large portion of the client base. Ian Hempseed offers ‘ great understanding of the sector’ as well as ‘ value for money’. The group acted for Deafness Research UK in taking over medical research charity Action for Tinnitus Research. Battersea Dogs & Cats Home, British Heart Foundation, Institute of Cancer Research, and British Heart Foundation are all clients.
At Russell-Cooke LLP, practice head James Sinclair Taylor advises on governance, and mergers and acqusitions, while Jane Klauber is strong on the contentious side, and David Mears handles IP and regulatory work. The team handled work for Barnados, UNICEF, and Action for Blind People in 2007, as well as winning new clients Roehampton University, and Birmingham Institute for the Deaf. It is ‘ knowledgeable, quick, trustworthy, and nice to deal with’.
Berwin Leighton Paisner LLP’s ‘ knowledgeable and approachable’ advises a long list of clients in the sector including educational institutes and religious charities, and in 2007 it advised on the restructuring of the Mental Health Foundation, the Macfarlane Trust, and Church of God UK. However it lost practice head Moira Protani to Wilsons in mid-2008.
Bristows’ practice head John Lace has particular expertise in advising charities in the science and technology sectors, while Mark Hawes has advised numerous clients in the university sector, including acting for the commercial arm of UCL on technology and investment transactions. Miranda Cass is active on the tax side.
Field Fisher Waterhouse LLP acts for clients across the energy, environmental, sports, and healthcare sectors, with recent highlights including advising Sport England on the restructuring of Country Sport Partnerships across England, and acting for National Grid Gas on the establishment of a trust to promote environmental enhancement with the Brecon Beacon National Park. Graeme Nuttall is the key contact.
Harbottle & Lewis LLP advises some big names in the entertainment industry on charities issues, with practice head Robert Porter in 2007 advising Comic Relief on a possible merger with a smaller charity. He also continues to advise the Royal Household, recently advising on a number of charitable projects involving the Royal Family including the Duke of Edinburgh’s Award.
Howard Kennedy is new to the table this year. Practice head Alan Banes specialises in governance issues, and is highly rated by peers. Clients include Alexandra Palace and Park Charitable Trust, Criterion Theatre Trust, and The Society of Cardiothoracic Surgeons of Great Britain and Ireland.
The ‘ personable and approachable’ Joanna Bussell leads LG’s charities practice, and ‘ uniquely combines experience in local government, charities and corporate’. The firm advised social enterprise Fusion Lifestyle on its new partnership with the London Borough of Croydon, and it also acts for leisure, arts and housing clients such as Maidstone Trust, and museums such as the Imperial War Museum.
Macfarlanes LLP has an integrated private client practice, and rises a tier for its charities work this year, partly on the strength of glowing client feedback. Clients include The Royal Academy of Arts, and National Missing Persons Helpline, as well as a range of religious and educational charities. Jonathan Conder heads a team offering ‘ strength in depth without being so big as to become impersonal’.
Speechly Bircham LLP‘ punches above its weight’ in the area, delivering ‘ upper-City quality for less than City rates’. John Ward’s team includes William Hancock(noted for his ‘ insightful knowledge’) and some ‘ technically skilled’ associates. The team is experienced in charity mergers and has strong links with The Charities Commission, and has been joined by Alexander Carter-Silk, boosting the data protection and IP side of the practice. Clients come from a variety of sectors including music (Royal College of Music), media (Andrew Lloyd Webber Art Foundation), and schools (St. Olave’s & St. Saviours Schools Foundation).
Trowers & Hamlins is noted for its ‘ excellent governance, Schedule 1, and treasury advice’. Ian Davis is practice head, and has particular experience in setting up charities. The team acts for clients across the leisure, care, healthcare, education, disability and arts sectors, among them Guy’s & St Thomas’ Charity, and RNIB.
Winckworth Sherwood has market-leading expertise in acting for ecclesiastical clients such as St Luke’s Hospital for the Clergy and St Andrew Holborn Church Foundation, and is also very active for education clients. Owen Carew-Jones heads the practice.
Westminster firm Lee Bolton Monier-Williams is also notable as having an outstanding ecclesiastical practice, with Peter Beesley particularly recommended.
Wilsons has a strong charities practice based in Salisbury, and is set to be joined by Moira Protani from Berwin Leighton Paisner LLP, who will be based in the firm’s new London office and is noted for her ‘ excellent work in the care home sector’.
Press releases
Legal Developments in the UK
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Saving Face - Personalised URLs on Facebook - Make sure your marks are protected
Facebook users can now register a personal URL for their profile page on the Facebook website. This raises concerns for brand owners as Facebook users may decide to choose a well known trade mark as their URL. The prospect of facebook.com/[yourmark] could become a reality. Consequently, Facebook has taken measures to reassure rights holders and prevent name squatting. -
Lease re-gearings and extensions: some issues to consider
As a result of the recession, lease re-gearings and extensions are becoming increasingly popular for landlords and tenants. -
A cautionary tale of self-investment and personal liability
As investment strategies become more complex it is crucial that trustees comply with the relevant legal requirements. Recently there has been a series of Pensions Ombudsman cases that have imposed personal liability on trustees for inappropriate scheme investments. This article looks at two of these cases and the lessons that should be learnt from them. -
Pensions Regulator: alert in the economic downturn
So far the Pensions Regulator has issued two statements (October 2008 and February 2009) on how it expects pension scheme employers and trustees to deal with the impact of the current economic crisis. In April the Regulator issued a further statement highlighting the kinds of behaviour that would cause it to intervene. -
A new disclosure regime: for better or worse?
The Department for Work and Pensions (DWP) has finally issued a consultation paper outlining how it plans to revise the disclosure of information requirements for occupational pension schemes. The consultation proposes a simplified, more principles-based disclosure regime. -
Litigating financial markets disputes: do we have a deal?
Until very recently no other sphere of commercial activity could match the financial markets for the size, volume and speed of their dealings. Trades involving enormous sums are often negotiated and agreed within the space of a few short telephone conversations, or during the course of a single evening, by sophisticated professional traders experienced and versed in the customs of the particular market. Often the broad commercial terms of a transaction are negotiated and it is left to the parties’ legal advisers to supply the detailed terms on which the deal is to be done. -
European Parliament votes to adopt updated Roaming Regulation
BY A LARGE MAJORITY OF 646 TO 22 THE European Parliament has voted to adopt a compromise position on the European Commission’s (the Commission) proposals to amend the Roaming Regulation (Regulation 717/2007). -
Online behavioural advertising
THE INTERNET ADVERTISING BUREAU (IAB), a UK online trade association, has recently published ‘Good Practice Principles for Online Behavioural Advertising (OBA)’, which come into effect on 4 September 2009. Several key internet advertisers have signed up to the Principles, including Google, Yahoo, AOL, Microsoft Advertising and Phorm. -
When an ‘aura of luxury’ prevents sales to unlicensed distributors
On 23 April 2009 the European Court of Justice (ECJ), in Copad SA v Christian Dior & ors [2009], held that a trade mark owner can prevent third-party sales of its luxury goods where those goods had been obtained in breach of a condition in a selective distribution licence, designed to maintain the repute and prestige of the trade mark. -
Competition law and retail financial services
In the current financial climate, with regulatory intervention at the centre of public attention, the competition authorities have continued to focus on financial services. Significant developments have occurred in the UK and EU, in relation to credit and debit cards, the unsecured credit market, payment protection insurance and financial services generally.
Press releases
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Agrofert Successful in Law Suit against PKN Orlen
PRAGUE (30 June 2009) – The Arbitration court in Prague has decided in favour of company Agrofert Holding (“Agrofert”) in its claim against Polish company Polski Koncern Naftowy Orlen (“PKN Orlen”). The Polish company has to pay, on the basis of decision of the arbiters, a contractual penalty which exceeds EUR 77.2 million (over 2 billion CZK) with accessories. -
UBS CHF 3.8bn share placement
On June 25, 2009, UBS AG (SIX: UBSN) announced that it is offering 293,258,050 newly issued shares from authorized capital to a small number of institutional investors at a price of CHF 13.00 per share. After deducting cast associated with the placement, the amount of new equity capital expected to be raised is approximately CHF 3.8 billion. -
DWS reprises advisory role for MENA Infrastructure fund's investment in Oman's power sector
Denton Wilde Sapte continues to act as legal advisor for MENA Infrastructure Fund, picking up an instruction to advise on its second investment, in which it has taken 32.8% of the shareholding in Oman's United Power Company SAOG (UPC). -
Three partner admissions at Carey Olsen in Jersey
Carey Olsen is strengthening its corporate, finance and fiduciary teams in Jersey by admitting three partners to these key practice areas. -
Penningtons celebrates SRA and Farriers Registration Council tender wins
Penningtons Solicitors LLP's professional regulation group is celebrating two key appointments with the news that it has been successful in tenders to advise both the Solicitors Regulation Authority (SRA) and The Farriers Registration Council. -
Penningtons advises on Trans-Siberian Express luxury travel deal
Penningtons Solicitors LLP has advised international tour operator Australian Pacific Touring (UK) Limited on its purchase of a majority share in GW Travel Limited, the market-leader in long-distance luxury rail tours. GW Travel's flagship holidays are trips on the world-famous Trans-Siberian Express. -
Penningtons trainee encourages young Londoners to choose a career in law
Catherine McCann, a trainee solicitor at Penningtons Solicitors LLP's City office, has been invited to contribute to a new guide published by the London Chamber of Commerce & Industry to help young people consider the many types of jobs available in the capital. -
BAKER & MCKENZIE ADVISES FIBERWEB ON JOINT VENTURE WITH PETROPAR
London/Chicago/Sao Paolo, 26 June 2009 - Baker & McKenzie has advised Fiberweb plc on its proposed joint venture with Petropar S.A. The 50/50 joint venture, which will be named FitesaFiberweb, is intended to create the second largest producer of spunbond and non woven fabrics in North and South America. Completion of the transaction is subject to the approval of both Fiberweb and Petropar shareholders. -
Salans awarded Best European Law Firm
Salans has been awarded a Special Distinction in the Best European Law Firm award category at the 2009 International Legal Alliance Summit & Awards (“ILASA”). -
unit specialising in transaction and financing consultancy
HERMANN Rechtsanwälte Wirtschaftsprüfer Steuerberater and the Munich-based team at Grub Brugger join forces: Joint establishment of a unit specialising in transaction and financing consultancy