The Legal 500

Herbert Smith LLP

EXCHANGE HOUSE, PRIMROSE STREET, LONDON, EC2A 2HS
Tel:
Work 020 7374 8000
Fax:
Fax 020 7374 0888
DX:
28 LONDON CHANCERY LANE WC2
Web:
www.herbertsmith.com
Email:

What we say about the firm's legal practice in London

Corporate and commercial

Within Corporate tax, Herbert Smith LLP is a second tier firm,

Herbert Smith LLP continues to excel on the M&A side, with highlights including Aptuit’s US$64m acquisition of Evotec AG’s chemical and pharmaceutical development business, and Biffa’s £1.23bn takeover offer from a consortium led by Montagu Private Equity and Global Infrastructure Partners. Real estate, structured finance and insurance are also strengths, with the tax practice ‘ linking seamlessly with the corporate and financing teams to provide a high-quality overall service’. Neil Warriner heads the team, with Heather Gething and Howard Murray (a ‘very calm, responsive and practical adviser’) noted as offering ‘ clear and pragmatic advice.

Within Equity Capital Markets: UK capability, Herbert Smith LLP is a second tier firm,

Led by Martina Asmar and James Palmer, Herbert Smith LLP continues to impress, and is recognised as having gained significant market share over the last few years. The ‘ well-balanced’ team’s progress has not gone unnoticed by the investment banks, with the firm further strengthening its relationships with Credit Suisse, Deutsche Bank, Merrill Lynch and UBS. Highlights for 2007 included advising moneysupermarket.com on its £837m IPO, and the underwriters on the €5.2bn equity offering by Marfin. Chris Haynes is also recommended.

Within Equity Capital Markets: US capability, Herbert Smith LLP is a third tier firm,

Led by the highly rated pairing of Alex Bafi and Jim Wickenden, Herbert Smith LLP enjoys a close relationship with Credit Suisse and is also strong in listed funds work. Recent highlights include advising the underwriters on the €5.2bn equity offering by Marfin, moneysupermarket.com on its £837m IPO, and the underwriters on £380m London listing and IPO of Wellstream Holdings. Adam Wells has been promoted to partner.

Within EU and competition, Herbert Smith LLP is a second tier firm,

Herbert Smith LLP’s practice has a magnificent reputation, and has attracted standalone instructions from a range of prestigious clients. It advised clients on most of the major investigations by the OFT and other European regulators in 2007, including Virgin Atlantic Airways in the notorious fuel surcharges investigation, and continues to lead the way on the contentious front, with many of the team’s partners coming from a litigation background including the excellent Jonathan Scott and senior figure Dorothy Livingston. It has appeared in numerous proceedings before the CAT, mainly in telecoms matters, and is also pursuing a number of follow-on damages cases. Elizabeth McKnight(‘ suitably aggressive’, ‘ pushes the regulatory issues’) now heads the team, which includes regulated industries specialist James Quinney and competition litigation expert Stephen Wisking.

Within Financial services, Herbert Smith LLP is a second tier firm,

Patrick Buckingham’s arrival from Lehman Brothers boosted the regulatory depth of the globally focused practice at Herbert Smith LLP. It advised Bank of Ireland on the reorganisation of its UK businesses, and a large financial services provider in relation to FOS complaints concerning mortgage endowments. Group head Martyn Hopper is ‘ excellent’ for contentious work.

Within M&A: US law capability, Herbert Smith LLP is a second tier firm,

Herbert Smith LLP moves up a tier this year. It advised Resolution during its long-running acquisition, and advised Tata Steel on its £6.2bn acquisition of Corus. Adam Wells was promoted to partner, joining Alex Bafi and Jim Wickenden.

Within Mergers and acquisitions: Upper mid-market and Premium deals, £250m+, Herbert Smith LLP is a second tier firm,

Despite completing fewer deals in 2007 than other UK firms in our top tiers, Herbert Smith LLP, in conjunction with its European alliance firms, reportedly succeeded in achieving the highest average deal size (around €3bn) for UK transactions. Partly this was thanks to a tour de force as adviser to Resolution throughout one of the most complex and contested deals of the year; Resolution was initially set to be acquired by Friends Provident for £8.6bn, before that deal was reversed, and then subject to competing £5bn bids from Standard Life and Pearl, with the latter eventually succeeding. The ‘ very sensible’ James Palmer, Malcolm Lombers and David Willis impressed on the Resolution deal, and M&A head Caroline Goodall and David Paterson also enjoy leading reputations, and corporate head Michael Walter is ‘ able, experienced and an absolute delight to work with’. Tata Group remains an important active client.

Within Overview,

At the top of the market, the largest full-service City firms, such as Allen & Overy LLP, Clifford Chance, Freshfields Bruckhaus Deringer LLP, Herbert Smith LLP, Linklaters LLP and Slaughter and May, feature prominently in almost every section in this chapter, and in two of the highest-profile categories - Mergers and acquisitions and Equity capital markets - UK capability- all six firms make up the top two tiers exclusively. With the exception of Slaughter and May, which has a strong international alliance of ‘best friend’ firms, all have extremely good global networks, including quality offices in emerging markets such as the Middle East and Russia. In the event of a UK downturn, it is from these parts of the world that such firms will derive an increasing proportion of their work, and to these parts that they will dispatch lawyers who might otherwise remain idle back at home. The same can be said for the chasing pack of larger City firms, such as Ashurst LLP, Lovells LLP and Norton Rose LLP.

Within Partnership, Herbert Smith LLP is a first tier firm,

Herbert Smith LLP boasts a top-quality client base, including PwC, KPMG, and Deloitte. It acted for Ms Lois Moore, of Freshfields Bruckhaus Deringer LLP, in an age discrimination claim raised in the Employment Tribunal, following the firm’s pension restructuring. Clients are ‘ supremely confident in the team’, noting ‘ the partners are always accessible and give excellent client service’. ‘ The quality of service is consistently first class; one of their considerable strengths is the depth and quality of their resources’. Malcolm Lombers, Alan Watts and Gary Milner-Moore all come with top recommendations.

Within Private equity, tier 5

Herbert Smith LLP’s ‘ very thorough’ group is quietly gaining market share both on UK and European deals, as well as in emerging markets such as the Middle East. Gavin Davies heads the four-partner team, which recently advised London & Regional Properties on its joint £925m acquisition of David Lloyd Leisure with Bank of Scotland. James Milne comes highly recommended.

Within VAT and indirect tax, Herbert Smith LLP is a third tier firm,

Herbert Smith LLP has expertise in contentious and non-contentious VAT, SDLT and structuring matters, and advised Blackstone on SDLT compliance in relation to its US$26bn acquisition of the Hilton Hotels chain. Neil Warriner has an outstanding VAT and SDLT practice, and is praised for his ‘ excellent support’.

Crime, fraud and licensing

Within Fraud: commercial and regulatory investigations, Herbert Smith LLP is a first tier firm,

At Herbert Smith LLP, David Mayhew and Martyn Hopper are recognised FSA experts and act for a number of financial institutions, while the ‘ dynamic’ Simon Bushell has ‘ particular experience’ in Russian issues, and is working on Tajik Aluminium Plant’s fraud claim against its former director. The firm is also advising BSkyB on its breach of contract and deceit claim against EDS. It is noted as ‘ extremely effective on pre-emptive remedies’.

Within Overview,

With heavyweight Peters & Peters opting not to remain on the Serious Fraud Panel, it seems that the importance of this forum is no longer a given. The criminal fraud area remains dominated by firms with longstanding expertise in this field, however there is a distinct trend of firms usually seen on the civil fraud side gearing up to become one-stop fraud shops. Simmons & Simmons, Allen & Overy LLP and Herbert Smith LLP are notable examples of this, although the distinguishing factor seems to be a focus on representing companies, rather than individuals, facing criminal investigation.

Dispute resolution

Within Arbitration, Herbert Smith LLP is a second tier firm,

Herbert Smith LLP lost former group head Larry Shore to the New York office of Gibson, Dunn & Crutcher LLP, but with Paula Hodges now leading things in London, the firm maintains its impressive commitment to arbitration, as indicated by the promotion of Justin D’Agostino and the arrival of Mark Lloyd-Williams from Hong Kong. A recent highlight was representing Eurotunnel on its successful illegal immigrant-related £30m arbitration claim against France and the UK.

Within Banking litigation, Herbert Smith LLP is a second tier firm,

With its illustrious record in dispute resolution and a growing reputation in the contentious regulatory environment, Herbert Smith LLP is active in internal investigations and, following the credit crunch, is representing several banks in connection with potential litigation arising from CDOs and other transactions. It gained panel appointments for Lehman Brothers, Standard Chartered and Zurich during 2007. Christa Band heads a giant team of litigators, while former FSA figures Martyn Hopper(‘ very knowledgeable’) and David Mayhew provide formidable contentious regulatory expertise. Kevin Lloyd continued to lead the team advising CIBC World Markets and Terra Firma in connection with the long-running Box Clever litigation.

Within Commercial litigation, Herbert Smith LLP is a first tier firm,

The big-case experience of Herbert Smith LLP(‘ the obvious heavy-hitter’, ‘ technically excellent’) is hard to match; for many it remains the benchmark commercial litigation practice in the City and not just based on its historical pre-eminence. Ted Greeno led the team advising BSkyB on its high-profile £700m action against EDS for deceit, negligent misrepresentation and breach of contract, and the firm was also instructed by Chevron in connection with the infamous Buncefield explosion. Sonya Leydecker heads the department, which includes an in-house advocacy unit headed by Murray Rosen QC and Ian Gatt QC. Billings rose by an impressive 27% in the last financial year. Tony Dempster(‘ very effective’) is recommended for multi-jurisdictional and insurance disputes.

Within Overview,

Of the leading firms in the City, Herbert Smith LLP has the most prestigious history and this cachet continues to impress clients in the modern day. That said, Clifford Chance and Freshfields Bruckhaus Deringer LLP have matched Herbert Smith LLP in the commercial litigation field, and have also attained top-tier status in banking litigation, arbitration and public international law.

Within Professional discipline, Herbert Smith LLP is a third tier firm,

Highlights at Herbert Smith LLP included representing Freshfields Bruckhaus Deringer LLP partner Tim Jones before the SDT in a dispute arising from the firm’s role in Philip Green’s bid for Marks & Spencer (proceedings have been withdrawn), and Andrew Lidbetter’s appointment as Chair of the Chartered Institute of Patent Attorneys’ Appeal Tribunal. Martyn Hopper, former head of regulatory enforcement at the FSA, is recommended for disciplinary matters in the finance sector.

Within Public international law, Herbert Smith LLP is a second tier firm,

Clients note Herbert Smith LLP’s ‘ high professional expertise’ and‘ ability to deal effectively with different “characters” at all levels’. It secured a landmark victory for Eurotunnel in its £30m arbitration claim against France and the UK for compensation resulting from the countries’ failure to resolve the problem of the activities of clandestine migrants to the UK. Matthew Weiniger heads a team ‘ composed of honest and genuine people, from senior to junior’.

Finance

Within Acquisition finance, Herbert Smith LLP is a third tier firm,

Headed by Ewen Fergusson, the six-partner team at Herbert Smith LLP is making strong inroads into both the borrower and lender sides of the market, and is praised as ‘ understanding the needs of clients and negotiating well in difficult circumstances’. It has a growing core of banking clients such as ABN Amro, RBS and Lloyds TSB, and has also leveraged well off the firm’s corporate client base, including Tata, which it advised on the refinancing of its acquisition of the Anglo-Dutch steelmaker Corus.

Within Bank lending - investment grade debt and syndicated loans, Herbert Smith LLP is a third tier firm,

Headed by Jason Fox, Herbert Smith LLP’s 16-partner banking group offers wide-ranging acquisition finance, structured lending and real estate finance expertise to an increasingly balanced portfolio of corporates and lenders. Led by Clive Barnard and Ewen Fergusson, the firm acted for Tata on the refinancing of its acquisition of Anglo-Dutch steelmaker Corus. Traditionally strong in relation to reserve-based lending, the group recently advised ABN Amro on a US$600m secured bridge facility to Dana Petroleum. Other clients include Lehman Brothers, RBS, Yell and Standard Life.

Within Commodities and futures - commodities, tier 4

Herbert Smith LLP has developed considerable experience in the commodities sector on the back of its market-leading energy and disputes practices. It is particularly well known for handling arbitrations for oil and metal producers. James Farrell is recommended.

Within Corporate restructuring and insolvency, tier 4

Regularly combining with lawyers in the firm’s tax and employment groups, Herbert Smith LLP’s team provides a full-service approach to an eclectic client list that includes Bank of Scotland, Ernst & Young, CIBC and National Grid. Recent high-profile appointments include advising TfL and London Underground in the PPP administration of Metronet; acting for KPMG as administrators of Victoria Mortgage; and representing a mezzanine creditor in the Cheyne receivership. An experienced team includes the ‘ excellent’ Stephen Gale, Kevin Pullen and Laurence Elliott.

Within Debt capital markets, tier 4

The arrival of new partner Peter Epp from White & Case LLP adds to Herbert Smith LLP’s presence among arrangers. The team handled BSkyB’s £1bn EMTN programme, and features Jake Jackaman, Dina Albagli and Charles Howarth.

Within Derivatives and structured products, tier 5

OTC, equity derivatives and growing structured products expertise have brought Herbert Smith LLP new clients including Citigroup and Renaissance Capital. Jake Jackaman is recommended for structured credit, CDOs, credit funds and portfolio CDS, and Dina Albagli for transactional advice to derivatives houses and corporates.

Within Emerging markets, tier 4

A force in Asia, Herbert Smith LLP’s emerging markets group has widely recognised expertise in structured finance on the subcontinent and in China. The group acted for Goldman Sachs and Morgan Stanley as coordinators and sponsors of the US$1.77bn IPO of Sino-Ocean Land Holdings, and in Nimi Patel it has ‘ a consistently good leader’. John Balsdon is recommended for his Russia expertise.

Within Hedge funds, Herbert Smith LLP is a third tier firm,

At Herbert Smith LLP, practice head Nigel Farr is ‘ very experienced, very sharp and very creative’. The ‘ very calm’ Thiha Tun has ‘ unmatched industry knowledge’, notably in relation to hedge fund of funds. ‘ Exceptional’ associate Timothy West is ‘ a rising star’. Clients include Third Point, Thames River Hedge+, and entities of JPMorgan and HSBC.

Within Investment funds, Herbert Smith LLP is a second tier firm,

Herbert Smith LLP has ‘ a first-rate practice in the closed-end funds space’ and has carved a niche in listed hedge funds. The ‘ very sharp and very creative’ Nigel Farr and Scott Cochrane are both recommended, as is Thiha Tun, who is ‘ very clear and very calm’ and has ‘ unmatched industry knowledge’. The group recently helped JPMorgan launch an AIM-listed feeder fund, and Tata Realty introduce TRIF-1, an India-focused fund.

Within Islamic finance, Herbert Smith LLP is a third tier firm,

Herbert Smith LLP continued its push into the market with the opening of its Abu Dhabi office. The group counts Merrill Lynch, BNP Paribas and Qatar National Bank as clients, and recently advised the banks on a bio-diesel project in Hong Kong; the first Islamic financing to feature on a Hong Kong project. Nadim Khan is recommended.

Within Securitisation, tier 4

Jake Jackaman and Dina Albagli’s recent deal list at Herbert Smith LLP is impressive, drawing on the firm’s real estate finance expertise. The team advised a bidder on Northern Rock’s large securitisation programmes, Lehman Brothers on the £708m Windermere XI CMBS, and Barclays Capital as arranger of a £265m RMBS for Paragon. The firm is increasingly working on innovative deals in emerging asset classes.

Human resources

Within Employee share schemes, Herbert Smith LLP is a second tier firm,

Herbert Smith LLP has been involved in a range of heavyweight transactional and advisory work, national and international, including advising First Choice Holidays on its merger with the tourism division of TUI AG. The practice also advised Three Delta, as agent for the Qatari Government, on the proposed £11bn bid for J Sainsbury. Other clients include Warner Music and Blackstone Group. The ‘experienced’ Colin Chamberlain is praised for involving clients ‘appropriately and inclusively’.

Within Employee share schemes, Herbert Smith LLP is a second tier firm,

The ‘technically very sound’ team at Addleshaw Goddard focuses on representing FTSE 350 and international clients, acting for 3i, Lloyds Pharmacy and Blackwell Group plc among others, and was boosted by the arrival of Michael Carter from KPMG, although it lost Matthew Emms to Herbert Smith LLP. The ‘ excellentStephen Chater is ‘ fully on top of his subject’.

Within Employment, Herbert Smith LLP is a second tier firm,

Consistently singled out by clients and peers, John Farr leads the team at Herbert Smith LLP and is noted for his ‘ sound judgement’. It acted in the first reported case on the Brussels Regulations determining where employers can bring claims against employees, representing Guy Carpenter (part of the Marsh & McLennan insurance group) in a case that reached the Court of Appeal. The team also acted for Farr plc in a Court of Appeal case involving the successful enforcement of a 12 month non-competition clause against a former employee. London Underground, Swiss Re and the Nuclear Decommissioning Authority are all clients. The team is praised for its willingness to ‘ get stuck in and work like one of us’.

Within Health and safety, Herbert Smith LLP is a third tier firm,

Howard Watson’s team at Herbert Smith LLP has particular strength in criminal investigation and prosecution work, and continues to advise Chevron on the HSE investigation arising from the Buncefield explosion. The firm is also representing manufacturing company Biotage on a fatal accident investigation.

Within Pensions (including pensions dispute resolution), Herbert Smith LLP is a third tier firm,

Clients say the team at Herbert Smith LLPexceeds expectations’ of ‘ advice and support’. The ‘ balanced approach’ and ‘ good judgement’ of Ian Gault and Alison Brown produces ‘ real savings’ and ‘ strategic advantages’. Roderick Morton delivers ‘ clear, understandable advice’ to ‘ often tight timetables’, ‘ identifying key issues in commercial transactions’. Associate Samantha Brown impresses with ‘ excellent service’ on complex matters. Clients praise the ‘ effective’ and ‘ collaborative’ approach the team brings to pensions disputes, where members of the litigation practice have good experience of pensions cases.

Insurance

Within Insurance and reinsurance litigation, Herbert Smith LLP is a second tier firm,

Herbert Smith LLP provides a ‘ first-class service’. David Reston is ‘ at the zenith of his career’; Christopher Foster is an ‘ extremely able litigator with an encyclopaedic knowledge of insurance and reinsurance law’; Alexander Oddy is a ‘ very good litigator’; and Tony Dempster has ‘ an excellent knowledge of claims handling.’ The firm successfully represented Guy Carpenter in the defence of A$200m claims relating to the collapse of New Cap Re.

Within Insurance: corporate and regulatory, Herbert Smith LLP is a first tier firm,

Herbert Smith LLP is well known for its insurance experience, and focuses on complex deals, with clients noting ‘ genuine specialist’ Geoffrey Maddock, Malcolm Lombers, Michael Shaw and James Palmer for their ‘ technical mastery of this rarefied area’. It advised Resolution on Pearl’s recommended cash offer. An impressive client base includes Barclays Life Assurance and Synesis Life. Patrick Buckingham joined the firm in 2007 having previously worked with Lehman Brothers.

Within Insurance: insolvency and restructuring, Herbert Smith LLP is a third tier firm,

Herbert Smith LLP acted for Swiss Re on the restructuring of its European business by placing the majority of its EU operations under the control of Luxembourg-domiciled entities. It continues to act for the Financial Services Compensation Scheme in various new and ongoing insolvencies and has developed a niche in acting for policyholders in challenges to a number of solvent schemes. Laurence Elliott is a key contact partner.

Within Personal injury: defendant, Herbert Smith LLP is a second tier firm,

Handling one-off, high-value claims rather than volume work, Herbert Smith LLP’s defendant team is described as ‘ a cut above the rest’. Led by Howard Watson, its recent work includes advising in relation to the Scania group action, and continuing to advise Chevron in relation to the Buncefield explosion. Other clients include Panasonic, Caribbean Alliance and Norwich Union.

Within Product liability: defendant, Herbert Smith LLP is a third tier firm,

Herbert Smith LLP is focused on major product liability cases, rather than volume work. It has core expertise in food and drinks matters, and also advises clients in the insurance, pharmaceutical and manufacturing sectors; high-calibre clients include Apple, BSkyB, Coca-Cola, Cadbury and Zurich. The ‘ service provided is of a consistently high standard’, and Tony Dempster is praised for his ‘ great technical advice and commercial approach to negotiations’.

Within Professional negligence, Herbert Smith LLP is a third tier firm,

Herbert Smith LLP’s ‘ hardcore lawyers’ keep the firm’s professional negligence group in high demand for complex, high-end cases. Traditionally the firm has focused on accountants and insurance brokers, acting for three of the Big Four accountancy firms and large insurers such as Marsh and Willis. However, in recent years it has significantly grown its construction, legal and banking expertise, and has been defending CIBC in the action arising from the Box Clever securitisation in 2003. David Reston and Paul Lewis are recommended.

Private client

Within Contentious trusts and probate, Herbert Smith LLP is a first tier firm,

Herbert Smith LLP’s trusts group offers the ‘ utmost quality with regards to tax issues, while remaining commercial with respect to guidance and advice’. Rupert Ticehurst leads the team, which includes outstanding consultant John Wood. Although the team recently lost Steven Kempster to Taylor Wessing LLP, it remains a real force in the market .

Within Personal tax, trusts and probate, tier 4

Herbert Smith LLP’s personal tax team favours quality over quantity, acting for a handful of ultra-high-net-worth individuals. Despite the loss of Steven Kempster to Taylor Wessing LLP, the team has great strength through practice head, Rupert Ticehurst and excellent consultant John Wood. It advises a predominantly international client base, acting for a number of Middle Eastern clients (including a significant branch of the Saudi Royal Family) and advising Russian clients on succession planning structures.

Projects, energy and natural resources

Within Electricity, nuclear and renewables, Herbert Smith LLP is a first tier firm,

Herbert Smith LLP recently launched its cross-departmental climate change and sustainable development practice, which augments an already broad nuclear, regulatory and litigation practice. Led by Paula Hodges, clients describe the team as ‘ proactive’ and ‘ among the best lawyers to work with’, with Mark Newbery and Andrew Newbery highly regarded. EDF provided the firm with a particularly significant instruction relating to its new UK nuclear programme, while ABN Amro and Rand Merchant Bank have instructed the firm on two IPPs in South Africa.

Within Overview,

CMS Cameron McKenna LLP boasts one of the strongest non-contentious energy practices in the City, and Herbert Smith LLP excels on the contentious as well as transactional side.

Within Private finance initiative (PFI), Herbert Smith LLP is a second tier firm,

Patrick Mitchell heads up the infrastructure team at Herbert Smith LLP, which calls on the specialist skills of Nicholas Tott and Andrew Newbery. High-end transport work is still the mainstay of this ‘ efficient’ practice, for trophy clients such as London and Continental Railways and Tyne & Wear Passenger Transport Authority. Recent highlights include advising TfL on the PPP administration of two Metronet companies and its bid to acquire the Metronet business from the PPP administrators.

Within Project finance, tier 4

The energy markets of Abu Dhabi and Russia have provided Herbert Smith LLP with a steady flow of work recently, including an instruction from Gazprom and Wintershall as sponsors on a US$2bn-2.5bn project financing to develop a Russian gas field. Other recent clients include EDF, ABN AMRO, EIB and Mag Energy. David Wyles heads a strong team that includes Andrew Newbery and Jason Fox.

Public sector

Within Administrative and public law, Herbert Smith LLP is a first tier firm,

The Federation of Tour Operators and the Chartered Institute of Management Accountants are just two of the recent additions to Herbert Smith LLP’s burgeoning list of regulatory clients. The ‘diligent, conscientious and immensely knowledgeable’ Andrew Lidbetter heads the practice, and the ‘fully committed’ Nusrat Zar is also highly recommended, along with Martyn Hopper, who is ‘a pleasure to work with’.

Within Civil liberties and human rights, tier 4

The ‘exceptional’ Andrew Lidbetter heads the human rights practice at Herbert Smith LLP, which continues to represent Justice as an intervenor in a case concerning the application of the European Convention on Human Rights to detention in Iraq, and is also representing Ronald John, currently on death row in Trinidad. Paula Hodges is recommended, as is Nusrat Zar for her ‘ spot-on advice’.

Within Local government, Herbert Smith LLP is a third tier firm,

Andrew Lidbetter leads the ‘extremely efficient’ practice at Herbert Smith LLP. Major PFI projects are its main area of expertise; the firm has been the key legal adviser to London Underground Limited on its PFI and PPP contracts. Other significant work includes advising Swansea City Centre on its largest-ever real estate project, and the City of Sheffield on the conclusion of the master development agreement for its retail quarter. Matthew White is recommended for his ‘robust advice’.

Within Overview,

Field Fisher Waterhouse LLP remains a public sector stalwart and advised on the highest-profile inquest of the past year, examining the circumstances surrounding the death of Diana, Princess of Wales. Herbert Smith LLP and Allen & Overy LLP continue to act in cases of constitutional importance.

Real estate

Within Commercial property, Herbert Smith LLP is a second tier firm,

Herbert Smith LLP’s property team continues to excel, with clients noting it is ‘ always high quality, always professional, producing an excellent continuation of service. Quite simply, they deliver’. Some great clients, including sovereign wealth funds such as the Government Investment Corporation of Singapore, keep the team busy during difficult market conditions. Prominent work included acting for Hammerson on its REIT conversion, and Rockpoint on the UK's largest-ever purchase of speculative industrial property. Don Rowlands and Richard Forsdyke are both highly recommended, and James Barnes enjoys a leading reputation in the market. Ian Cox took over as head of department when Iain Rothnie stepped down in July 2008.

Within Construction, Herbert Smith LLP is a second tier firm,

Led by contentious partner Michael Davis and non-contentious specialist Nicholas Downing, Herbert Smith LLP’s ‘ first-class’ construction group has a global focus on energy, infrastructure and transport. Acting for clients such as the Department of Trade and Industry, ChevronTexaco and new client the MoD, highlights of the past twelve months included renegotiating London Underground’s power service contract, acting for Vesta on multiple European wind farms, and handling two complex ICC arbitrations. The group is also specialist adviser to Land Securities on development projects.

Within Environment, Herbert Smith LLP is a third tier firm,

Headed by the ‘ solid and confident’ Stephen Shergold, Denton Wilde Sapte LLP splits its ‘ impressively expert’ practice between transactional support and regulatory work, with the waste and energy sectors particular areas of focus. Current matters include a £10m indemnity dispute, and the sale of the Defence Aviation Repair Agency for the MoD. Other clients include Total and Ernst & Young. Louise Moore continues to develop Herbert Smith LLP’s nuclear-led practice, with projects including assisting EDF on the legal framework for new nuclear stations, and advising the Nuclear Decommissioning Authority on its liabilities. Other clients include Goldman Sachs, Mars and Blackstone. The ‘ very knowledgeable’ group has also launched a firm-wide climate change and sustainable development practice.

Within Planning, Herbert Smith LLP is a second tier firm,

Clients of Herbert Smith LLP are ‘consistently impressed by the quality and responsiveness’ of Patrick Robinson’s team, singling out young partner Matthew White for his ‘skilful and diplomatic negotiating’. With a reputation for ‘high-quality, commercially aware advice’, the firm advised Lend Lease on the Olympic Village, and Amsprop on a mixed-use development in Westminster; both are new clients. The firm is also engaged in cutting-edge, long-term projects such as EDF Energy’s construction of nuclear power stations in the UK.

Within Property finance, Herbert Smith LLP is a third tier firm,

Herbert Smith LLP’s property team has a well-respected presence in the market thanks to first-rate lawyers such as Gary Hommel, who leads the team, and banking partner Jason Fox. The team had some quality client wins over the past year in the shape of Deutsche Postbank AG and Société Générale, and is developing its cross-border skills, advising Merrill Lynch for the first time outside of the UK on the €289m financing of a portfolio. The group is particularly strong on the borrower side, with experience advising on opco/propco acquisitions, taking property companies private and refinancings. Highlights included acting for RBS on the £380m financing of Apollo's acquisition of Telford Shopping Centre. Simon Chadney is recommended, along with the eminent James Barnes and the popular Don Rowlands.

Within Property litigation, Herbert Smith LLP is a third tier firm,

Herbert Smith LLP focuses on the high-end, big-ticket instructions. Highlights were winning City Inn’s High Court reported restrictive covenants dispute with Ten Trinity Square, and acting for Friends Provident in an enfranchisement claim relating to 1,200 flats in Dolphin Square. Matthew Bonye is ‘ authoritative without being dogmatic’.

TMT (technology media and telecoms)

Within Intellectual property, Herbert Smith LLP is a third tier firm,

Herbert Smith LLP’s strong patent litigation team is focusing increasingly on the coordination and management of European disputes. Respected in the life sciences and technology arenas, it recently received debut instructions from Nokia, and achieved a key High Court victory for Markem in a long-running dispute over patents relating to printing technology. On the soft IP side Joel Smith is active, as is Mark Shilito, who acted for Apple in defending a UK action and European litigation brought in relation to the iPhone trade mark. Nick Gardner heads the ‘ excellent’ department, whose key players are Andrew Rich and Sebastian Moore; one client notes ‘ the cooperation was just excellent in terms of professional guidance and efficiency’. Bill Moodie has retired.

Within IT and telecoms, Herbert Smith LLP is a second tier firm,

Co-heads of Herbert Smith LLP’s IT practice Christopher Rees and Mark Turner lead a strong all-round group which has acted for leading technology companies and has a notable stake in convergence work. Rees represented EMC on its strategic contract with BT to move BT’s UK database onto an open-access platform. Clients acknowledge Nick Elverston’s ‘ acumen, professionalism and sound advice’; he leads the international communications practice, which counts BskyB, Nokia and several other leading operators among its clients. The firm also acts for Apple.

Within Media and entertainment, Herbert Smith LLP is a third tier firm,

Herbert Smith LLP acts for longstanding client BSkyB. The team, headed by Nick Elverston, is top choice for broadcast-sector M&A work; in 2007 it advised ESPN Star Sports on its US$1bn acquisition of the media rights for the International Cricket Council’s events, and FilmFlex in negotiations with major Hollywood studios. Sophie Bradshaw is ‘ thorough, practical and user-friendly’, and litigator Alan Watts is ‘ a master tactician at the top of his game’.

Within Overview,

Among the Magic Circle, Herbert Smith LLP stands out for having built its reputation in the sector through a leading IP (and especially patent) litigation practice. Also strong in IP, Allen & Overy LLP has been growing at partner level.

Within Pharmaceuticals and biotechnology, Herbert Smith LLP is a second tier firm,

Herbert Smith LLP is promoted due to its strength in life sciences patent litigation and competition advice. Andrew Rich heads the team, which one client describes as the ‘ best I have worked with in the past 20 years’. Together with the ‘ outstanding’ David Wilson, Rich has been defending a UK patent revocation action for Daiichi Sankyo. The team is also advising 3i on its proposed £174m acquisition of Ultralase.

Within Sport

Transport

Within Rail, Herbert Smith LLP is a first tier firm,

Herbert Smith LLP continues to advise London and Continental Railways in relation to the Channel Tunnel Rail Link, drawing on the firm’s expertise in heavyweight infrastructure and financing work in the rail industry, and is also well placed to handle contentious or sensitive matters; examples include advice to TfL in relation to the administration of Metronet. Adrian Clough has ‘ very good knowledge of franchising in the rail sector’.


What we say worldwide

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Bangladesh

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Offices in Beijing and Shanghai

Algeria

Foreign Firms

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India

Japan

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London

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Libya

Morocco

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Russia

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Singapore

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Thailand

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Tunisia

Legal Developments worldwide

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    - Bowman Gilfillan
  • Consumer Protection Act and leases

    The Consumer Protection Act 2008 (“ the Act ”) was assented to on 24 April 2009 and is to come into operation incrementally with the majority of the provisions coming into effect 18 months after the date on which the Act was signed by the President.   Accordingly the majority of the provisions of the Act will come into operation on 24 October 2010.
    - Bowman Gilfillan
  • The impact of competition law changes/developments on M&A activity

    The Impact of Competition Law changes/developments (including the practices and policies of the Commission/Tribunal) on M&A activity - with a specific focus on 2008 and also forward looking taking into account expected legislative changes. If possible mention actual company names/cases wherever possible to make it have real life application
    - Bowman Gilfillan
  • Contributed tax capital: simplicity at last!

    By now, many will have heard something about c ontributed tax capital (CTC). A year or so hence, the concept will form part of the South African tax terrain – to the relief of tax practitioners who have had to trawl through the Income Tax Act’s (“the Act”) three-to-four page long definition of a dividend . I certainly heaved a sigh of relief when I read the Revenue Laws Amendment Bill of 2008 (“Bill”). 
    - Bowman Gilfillan
  • The Consumer Protection Bill – Changing the Face of Litigation and ‎Dispute Resolution

    The Consumer Protection Bill is the Department of Trade and Industry’s omnibus consumer protection legislation which has been passed by Parliament and is currently awaiting the President’s signature.
    - Bowman Gilfillan
  • Deliberate manipulation of securities prices will invariably and inevitably be harshly ‎penalised

    Deliberate manipulation of securities prices will be harshly penalised. That’s the clear message to emerge from the 17 February 2009 Financial Services Appeal Board   case of Michael Berman vs the Financial Services Board .
    - Bowman Gilfillan
  • Unconstitutionality of the Competition Amendment Bill By Andrew Smith and Emmylou ‎Wewege

    It is hoped that the President will refer the Competition Amendment Bill to the Constitutional Court rather than sign it into to law so as to resolve its unconstitutionality and avoid unnecessary litigation. Failure to do so will spark constitutional challenges which will prevent it from being implemented while that litigation unfolds.
    - Bowman Gilfillan
  • New Laws in the Pipe Line to Decisively Respond to the Challenge ‎of Climate Change

    New laws may be in the pipeline in South Africa to address climate change after the South African Finance Minister’s (“the Minister”) Budget speech o n 11 February 2009. In the 2009 Budget speech, the Minister announced specific additional measures which South Africa will implement in responding to climate change.
    - Bowman Gilfillan
  • Big business beware – the class and derivative actions are coming!‎ by Carl Stein

    The trend over the past decade in the USA , and more recently in the UK after the enactment of its new Companies Act in 2006, towards more aggressive shareholder activism seems likely to be followed in South Africa once our new Companies Act becomes operative.   This new Act is only awaiting the State President’s signature in order to become law, although it will only come into operation at least one year after the State President does so.
    - Bowman Gilfillan