Legal500

Charles Russell LLP

5 FLEET PLACE, LONDON, EC4M 7RD, ENGLAND

Tel:: Work 020 7203 5000
Fax:: Fax 020 7203 0200
DX:: 19 LONDON/CHANCERY LANE WC2

Web:: www.charlesrussell.co.uk
Email:

Oxford, Manama, London SW1Y, London EC4M, Guildford, Geneva and 1 more

Charles Russell LLP is a leading law firm based in London with regional and overseas offices, providing a wide range of services to companies, institutions and individuals, both nationally and internationally, with a particular focus on certain sectors: charities and not-for-profit, energy and natural resources, family, healthcare, private wealth, real property, retail, design and leisure, sports and media, and technology and communications.

The firm: The firm’s proposition is to provide highly commercial, wide-view advice in its areas of specialism. Charles Russell is experienced in carrying out cross-border corporate and commercial work, and are members of two major non-exclusive law firm networks, ALFA International and the Association of European Lawyers.

Services are integrated across five offices in the UK and two overseas offices: London, Cheltenham, Guildford, Oxford, Cambridge, Geneva and Bahrain; and are provided by highly motivated and talented people. Charles Russell’s commitment to training and development, and its unity of purpose, are key reasons for being known as a friendly practice to work with and work at.

Types of work undertaken: Corporate/commercial: the group advises on a wide range of issues, including flotations, M&As, outsourcing, venture capital financing, banking, institutional funding arrangements, MBOs and MBIs, commercial contracts of all kinds, business start-ups, tax, joint ventures, and EU and competition issues. The group has recognised expertise in AIM flotations and transactions.

Employment and pensions: Charles Russell has one of the largest employment and pensions teams in the UK, providing a comprehensive service. The team advises companies and organisations, as well as individuals, in this fast-changing area.

Real estate: the group provides a full range of services to investors, developers and occupiers, including planning, construction, and litigation.

Litigation and dispute resolution: the group handles all types of litigation, arbitration and mediation, both in the UK and internationally. Members of the group have particular expertise in commercial disputes, sports regulation, judicial review, pharmacy law, and clinical and professional negligence.

Corporate recovery and insolvency: the group handles the full range of corporate recovery, restructuring, business support and insolvency requirements for insolvency practitioners, SMEs, FTSE-listed companies, factors and invoice discounters, individuals, commercial landlords, company directors, shareholders, banks and other financial organisations, as well as for borrowers themselves.

Private client: the private client group advises individuals and institutions in the UK and internationally on tax, trusts and trust administration, estate restructuring, probate, and private property.

Family: the family group provides advice on all issues relating to marriage, separation, divorce, cohabitation and adoption involving different jurisdictions.

Charities and not-for-profit organisations: the long-established charities team continues to be one of the leaders in the country, comprising a team of specialists providing a full range of services to the charitable and voluntary sector.

Technology, media, communications and sport: the group provides an integrated service to this major sector, with expertise spanning telecoms, IT, multimedia, film, music, media law, entertainment and sport. Work includes advising international companies on major transactions involving finance, distribution, franchise and other agreements, and reputation management.

IP: the team has expertise in all types of contentious and non-contentious work, including copyright, patents, trade marks, registered designs, database rights, passing off and confidential information.

Other offices: Bahrain, Geneva

Number of UK partners 97
Number of other UK fee-earners 198

Above material supplied by Charles Russell LLP.

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Legal Developments by:
Charles Russell LLP

The legal due diligence process on an initial public offering on AIM

When a company is proposing to apply for admission of its shares to AIM on an initial public offering (IPO), legal due diligence is an integral part of the process required to be carried out by the company. Legal due diligence is primarily designed to help minimise potential liability for the company and its board of directors, who have primary responsibility for the admission document. The nominated adviser to a company, however, is also responsible to the London Stock Exchange for assessing the appropriateness of the company for AIM, and legal due diligence plays a key role in this. Legal due diligence will highlight at an early stage of the process any issues that need to be dealt with to ensure that the company will be suitable for admission to AIM. Through this process, the company will also gather the information required to be included in the admission document.

- Charles Russell LLP

Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

HOUSING

In Nzinga Maswaku v Westminster City Council [2012] EWCA Civ 669 the Court of Appeal clarified that in offering a homeless person with alternative temporary accommodation the local authority is obliged to point that if the offer is refused it has discharged its Part VII duties under the Housing Act 1996.

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COUNCIL TAX

In Harrow LBC v Ayiku [2012] EWHC 1200 (Admin) Sales J held that the word “or” in the Council Tax (Exempt Dwellings) Order 1992, art 3 Class N, had a disjunctive meaning, therefore it was sufficient for the non-British spouse of a foreign student to satisfy one or other of the two conditions, namely being prevented from taking paid employment or being prevented from claiming benefits, in order to qualify as a “relevant person” who was exempted from liability to pay council tax.

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QUEEN’S SPEECH

Bills already introduced pursuant to the Queen’s Speech on 9 May 2012 include Local Government Finance Bill and Electoral Registration and Administration Bill, both accompanied by Explanatory Notes, which in each case address ECHR compatibility.

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Standards

In R (Calver) v Adjudication Panel for Wales [2012] EWHC 1172 (Admin) Mr Calver was a member of Manorbier Community Council who successfully challenged the decision of the Panel to dismiss his appeal against a decision by Prembrokeshire County Council Standards Committee censuring him for a number of comments or blogs posted by him on a website he owned and controlled.

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A justified retrospective

Clive Sheldon - QC debates the pros & cons of retrospective tax legislation

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Public Sector Equality Duty (“PSED”)

In R (Greenwich Community Law Centre) v Greenwich LBC [2012] EWCA Civ 496 the Court of Appeal held that the Council had had “due regard to the PSED when making changes to its funding of community legal advice services”. At para 30 Elias LJ said:

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Public Sector Equality Duty

Surrey County Council conducted a review of its Library Service. This culminated in a Report to the Council’s Cabinet. The Recommendations in the Report included that there should be consultation about a community-partnership approach at selected Libraries.

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Judicial Review

The Judgment of Lindblom J in The Manydown Co Ltd v Basingstoke and Deane BC [2012] EWHC 977 (Admin) repays attention. The Claimant sought to challenge by judicial review 2 decisions of the Council: (1) the Council’s refusal to reconsider its position on the development of a site that it owns (and is the subject matter of a Joint Development Partnership Agreement with the Claimant); and (2) a decision of the Council’s Cabinet approving a selection of sites for development which did not include this site.

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The Health and Social Care Act 2012: impact on adult social services

After its torrid passage through Parliament, the Health and Social Care Bill received Royal Assent on 27 March 2012. The Act deals principally with healthcare reform, but it also contains some amendments to the legislative framework for social care. It will come into force on a day yet to be appointed by the Secretary of State.

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Immigration update May 2012

In this issue:

- Penningtons Solicitors LLP