The Legal 500

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www.boddymatthews.com

EMPLOYMENT

AES Electrical/AES Corporation Inc

• Helen Boddy has been retained by the company for over 5 years to provide Employment and HR legal support in the UK and in relation to cross border issues impacting on UK employees.

• Helen has advised on restructuring of UK subsidiary and relocation to Amsterdam, the Netherlands and Sofia, Bulgaria including collective redundancies in the UK; advising on the early termination of the international assignment of senior UK employees assigned as overseas including advice on severance, restrictive covenants and cross border jurisdiction issues.

Wm Lillico & Son Ltd and Saracen Horse Feeds Ltd

• Helen provides employment and HR Legal support to this company of grain traders, agricultural feed manufacturers, agricultural merchants and retail outlets operating both in the UK and internationally.

• Providing support on day to day issues including performance management, disciplinary and grievance matters, disputes, change management and settlement agreements; advising on outsourcing of various feed production lines and the TUPE implications of that; advising on agency arrangements in the Agricultural division; advising on the sale of the agricultural division including advice on TUPE obligations and assisting with consultation process.

Prater Ltd

Helen provides ongoing and day to day Employment and HR legal support to this leading specialist contractor delivering deign and installation services in the construction sector.

Of note, Helen advised on change management issues including redundancies and business reorganisation and acted for the client in a contested unfair dismissal and age discrimination claim in the Employment Tribunal. The case subsequently settled.

Large Refrigeration Company

Helen provides ongoing Employment and HR legal support to this independent registered charity run for the public benefit.

• Notably Helen advised the charity on the day to day management, suspension and ultimate termination of employment of long serving employee with persistent delusional disorder, possible unspecified schizophrenia and related mental health issues, including liaising with occupational health doctor and psychiatrist who had conflicting medial opinions as to the employee’s mental health and fitness for work; advising on disability discrimination issues, ill health procedures, privacy issues, confidentiality and data protection.

• Shillington College Ltd o Helen advises the directors and managerial staff of this privately run adult education establishment on employment and engagement issues arising both with teaching staff and students of the college. o Helen's advice include contested termination of employees , immigration issues and subsequent jurisdiction issues in the Employment Tribunal.

LITIGATION/ DISPUTE RESOLUTION

Caremark Limited

Kate Matthews of Boddy Matthews acts for Caremark Limited a major household name as franchisor in the domiciliary care sector and its CEO and President. o Kate has advised on numerous matters in particular of note proceedings under case number HQ15X01470 in the Queens Bench Division of the High Court. Successfully defending claims for fraudulent and negligent misrepresentation and/or breach of contract in relation to a franchise business in the domiciliary care sector regarding financial projections/plans.

Boddy Matthews acts in bringing or defending any claims and bringing a counterclaim where appropriate and advises in Mediations or other ADR techniques for Caremark Limited.

Alegro Capital LLP and Alegro Advisors Limited

Boddy Matthews acted for the Defendants, London based corporate finance and M&A advisory firms/CEO in respect of proceedings in the Queens Bench division of the High Court brought by Global Family Partners Limited, a global multi family office servicing the largest and richest families in the world. Claims for breach of contract relating to $160 million project investment in East Africa’s leading home entertainment operator and integrated media and telecoms group.

The claims started by way of Freezing Order and Proprietary Injunctions in the proceedings leading to three separate reported judgments of Mr Justice Cooke in 2015.

Kate Matthews acted for the Defendants in separate High Court proceedings in the Chancery Division HC 2014 001152 brought by Hawk Capital Limited an off shore private equity firm. The claims relate to the reinstatement of the Claimant as a Member (shareholder ) of Alegro LLP and allegations regarding its incorrect exit and value of work done requiring an account of profit and reimbursement for wrongful diversion and financial inquiry.

CAI Marine Inc

Kate Matthews has represented the Canadian ship owner, CAI Marine Inc part of the CAI Group of companies since 2013 at Boddy Matthews (and retained before that) re refurbishment and conversion works carried out to its cargo vessel in the UK shipyard by Swansea Drydocks Limited. The main dispute related to the scope and quality of works and payment issues with multi million pound value of the claim .

Pre action / pre Arbitration proceedings related to losses arising from alleged contractual breaches, possessory liens over the ship, security for costs. Settlement for parts of the claim achieved in 2013 but proceedings continued by London Maritime Marine Arbitration (LMAA).

Trieste Group Partners LLP

Kate Matthews advised the claimant in respect of issues arising out of non /defective performance of the contract for the supply of chairs for fit out works in the aviation industry. Breach of express and implied terms alleged against PSI seating Limited – leaders in their field. Kate's advice was key at all times and meant that negotiations and a Mediation were successfully achieved pre action. This matter was of great importance for the client to maintain integrity with its end customer for the fit out works and repeat business and important to retain relationship with supplier.

FRANCHISING

Caremark Limited

Kate Matthews advises this leading franchisor and national provider of home care services with established network of c 80 franchise businesses in the UK. The advice includes advice on franchising strategy and risk management including renewal of Territories. Advising on expiry issues and post termination of franchise licences in respect of insolvency and holding company structures. Protection of the trademark and brand and enforcing compliance in applicable territories across the UK and internationally. Boddy Matthews provide all of the legal documents required for this company’s franchising structure and network of franchisees. This is important to the client to ensure it operates efficiently and as a consistent proven business model over 80 offices.

Estate agents Franchisees

Boddy Matthews acted for three disgruntled franchisees and three personal guarantors to the estate agency franchise business operating an estate agent sign board company nationally.

The franchisor sought to terminate the three businesses respectively for different issues concerning Remedial Plans and breach of contract. Exits for each franchisee were successfully negotiated with no loss and no call on the personal guarantees and no enforcement of restrictive covenants post termination.

Pepe’s Franchising Limited

Kate Matthews acted for the company and Directors assisted by USA lawyers on a dispute brought by the Californian Master Franchisee operating the Franchise Trademark.

The disputes concerned breach of contract , passing off claims and breach of statute and fraud issues in the Californian District Central Court. A successful resolution was achieved.

Magazine Franchisees

Kate Matthews acted for a number of franchisees in various Territories regarding their respective exit strategy and issues of misrepresentation and breach of contract with the Franchisor

Children’s Music/play Franchisee

Commercial franchise matter. Kate represented the franchised business on the sale and purchase of the business and connected resale of the Franchise licence.

Boddy Matthews provided advice on the share purchase and sale provisions and liaising with the Franchisor’s solicitors on their intellectual property rights and protective terms. Liaising with the purchaser on the terms for the sale and due diligence and financial aspects.

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