Devonshires Solicitors LLP

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Richard Anderson

Richard is a partner in the Construction & Engineering team. Richard provides tailored construction advice to clients across a number of key areas including project risk management, dispute avoidance and the resolution of complex construction disputes. A leading construction lawyer, Richard regularly represents clients at arbitration, adjudication and in other forms of alternative dispute resolution (ADR). Richard’s notable areas of expertise include: Advising on major infrastructure projects; particularly in the building, power, civils/infrastructure and process engineering sectors. Advising on procurement strategies, risk management and dispute avoidance and management – acting for clients’ which include hotels, tramways, process and petrochem plants, social housing and universities, as well residential, utilities and retail sectors. Over his extensive career Richard has acted for Owners, Contractors, Funders and Construction and Engineering professionals across all fields.

Philip is currently retained in the following matters: acting for an employer in a procurement fraud in which there was a detailed pre-action investigation which involved accessing defendants bank accounts in secret to trace monies and then obtaining freezing injunctions; defending a fraud claim for a third party supplier accused of conspiracy to provide false invoices; advising in an international investigation into the ownership of offshore assets; assisting in relation to litigation in Guernsey and the BVI regarding off shore trust disputes; representing various companies in contractual disputes; handling various PFI disputes within the leisure, NHS and prison sectors; acting as an intervention agent for the Solicitors Regulatory Agency; assisting soldiers in various police enquiries being under taken in Northern Ireland; undertaking investigations into fraud and also to identify anonymous bloggers abusing social media sites; defamation claims; insolvency matters; coroners inquests. Devonshires are advocates of a solutions based approached. Philip was named as CEDR mediator of the year 2010 and he continues to represent clients in mediations. Devonshires regularly appear before all courts and tribunals and have considerable experience in adjudication, arbitration and ADR. It is a hands on firm with a high rate of repeat instructions.

Julian is a partner and head of the banking and capital markets team. The team is recognised in Chambers 2015 as 'of the highest standards' when it comes to acting for borrowers. He advises on all aspects of finance made available to registered providers, including bond issues (wholesale and retail, secured and unsecured), private placements, syndicated and bilateral loans, the funding of LSVTs, PFI funding, intra-group funding and interest rate derivatives and related security. He also advises on security trustee arrangements in connection with the group funding arrangements of registered providers. Notable transactions include acting for numerous registered providers on their own name bond issues, including Circle Anglia, Genesis, London and Quadrant, Notting Hill, Moat, Amicus Horizon, Hyde, Saffron Housing Trust, Clarion, Great Places, Radian, Together Housing Group, WM Housing Group, Southern Housing, BPHA, Thrive Homes, Yorkshire Housing and Swan, acting for A2Dominion Group on its unsecured retail bond issues and wholesale bond issues; acting for Catalyst Housing Group, Bromford, Newlon, Suffolk Housing Society, Regenda, Waterloo, Aldwyck and Orbit Group on their private placements; advising numerous registered providers on funding for lending loans and borrowing from THFC and Affordable Housing Finance plc, acting for numerous registered providers in connection with their group refinancings. A natural sciences graduate from Durham University, Julian completed his legal training at Simmons and Simmons. From there he went on to a role in the general banking groups at Allen & Overy and then to Eversheds’ Cambridge office where he acted for both banks and borrowers on various acquisitions, MBOs and property financing transactions.

Baljit has extensive experience acting for RPs and LAs having done so for over 20 years. Her work includes dealing with and managing large volume housing litigation claims which include Possession, Disrepair, statutory nuisance, adhoc advice, policy and procedure work, and delivering training to clients on a wide range of housing management topics.

Gemma advises on a range of areas including social housing regulatory, charity law, governance, company and community benefit society law, corporate restructuring projects, joint ventures, stock transfers and mergers and acquisitions. Gemma acts for a range of clients nationally including housing associations, local authorities, charities and social enterprises.

Nick Billingham

Nick is a Consultant in the housing management department. Nick has over 25 years’ experience of advising registered providers and local authorities in relation to housing litigation in the County Court, High Court and the Appeal Courts. He also advises social landlords on a wide spectrum of housing-related issues including data protection, freedom of information, equality and diversity, and human rights as well as advising clients on policies and procedures and the impact of government housing policy, regulation and new legislation. Nick has been recognised as a leading lawyer in the social housing field by The Legal 500 directory, which describes him as having a having 'a wealth of experience'. He has been involved in a number of high profile cases, including London & Quadrant v Weaver (2009); Riverside v White (2007); LB Lambeth v Kay (2006); Bruton v London & Quadrant Housing Trust (2000) and Newlon v Alsulaimen (1998). Nick is a former board memeber of Colchester Borough Homes and one of the founding memebrs and chair of the Social Housing Law Association. He is also a board member of Journal Housing Law.

Nikki is a partner in the Litigation & Dispute Resolution team. Nikki has acted on a wide range of commercial cases during her time at Devonshires; including civil fraud cases, which have involved obtaining freezing orders and other interim injunctions, large facilities management contract disputes and complex IT disputes. Nikki is also experienced in handling cases involving public law and human rights issues. She is regularly instructed to deal with Judicial Review proceedings and has particular expertise in cases arising from the justice sector. Nikki is also part of the team at Devonshires that acts on a number of historic criminal cases. Nikki regularly advises on reputational issues and handling the media.

Paul has particular expertise in regeneration, procurement, a wide range of commercial contracts (including a variety of different service contracts, joint venture arrangements and construction agreements), PFI and public private partnerships. Paul acted as lead lawyer for the procurer on the first two leisure PFI projects to close and for the Northern Ireland Court Service on the first courts PFI project to close. As well as this type of ground-breaking work, Paul has led a number of successful NHS and care lift projects on behalf of the private sector; acted for the governing bodies on various education PPP schemes; acted for charitable bodies on a number of housing and regeneration schemes including the Salford Pendleton regeneration scheme; led grouped PFI schools schemes on behalf of the local authorities; led numerous accommodation schemes on behalf of bidders in housing and care and acted for funders on energy, police and NHS schemes. Paul's current focus is on health, leisure, care, education and housing. Before becoming a solicitor, Paul spent five years in the engineering and construction industry where he was involved in the procurement and management of large-scale oil and gas construction projects, predominantly in the Far East.

Matthew Cocklin

Matthew specialises in construction dispute resolution and acts for all groups that operate in the domestic and international construction industry including developers, public bodies, contractors, sub-contractors and construction professionals. He advises on the merits of all types of construction dispute and acts as party representative in adjudication, arbitration, expert determination and litigation (Technology and Construction Court) proceedings together with mediation and other forms of alternative dispute resolution. Matthew has experience of acting as advocate at meetings before some of the leading adjudicators in the UK.

Jonathan Corris

Jonathan co-heads the Real estate and Projects team. He has worked with clients on a variety of development projects from large scale regenerations to the delivery of a single new property. His work covers advising clients on a wide spectrum of documentation including JV agreements, development agreements, option agreements, conditional contracts, planning agreements and managing disposals of completed developments for Registered Providers and private developers. Jonathan also works closely with our corporate and governance team in relation to ensuring that clients have the right structures in place to deliver and fund their development programmes. This includes interacting with regulatory bodies and commercial lending institutions to ensure that client objectives are not delayed.

Andrew is a Consultant and a member of our banking and governance team. His team acts for over 200 social housing providers and local authorities in England, Wales, Ireland and Northern Ireland and as panel solicitors for the Homes and Communities Agency including For Profit providers. Andrew and his the team act for funders and over 180 housing associations based over England, Wales and Scotland on their general fundraising and project specific finance (such as PFI and joint ventures). Andrew has a particular specialism in governance and regulation of for social housing, and M&A within the social housing sector and joint ventures. Andrew is a regular contributor in relation to policy issues affecting the social housing sector. He is a regular speaker on housing finance, group structures and housing strategies. Andrew is a trustee of HACT, the Theatre Royal Stratford, Swan Mountain Trust and non-executive director of Seymour Street Homes, a subsidiary of British Land PLC and a member of the finance committee of the Theatre Royal Stratford.

Chris advises funders and borrowers on security related transactions in the social and affordable housing sector such as syndicated and bilateral loan financings, private placements, bond issues, group restructurings and large-scale voluntary transfers. Chris is also recognised for his work in the PV/renewables industry, in which he has helped the Council of Mortgage Lenders formulate its guidance.

James is a Consultant in the litigation and dispute resolution department and undertakes a wide variety of litigation. His particular specialisms are fraud, regulatory and inquiry work. James represents public and private businesses, individuals and regulators who have been the victim of fraud, carrying out detailed investigations and recovering assets. He also acts for the defence – those who are being investigated or pursued for assets. Of particular use is his accountancy background, which allows him to work effectively as part of a team of investigators, and gives him an understanding outside the traditional legal framework. James also undertakes a wide variety of commercial and other litigation and investigation cases, including disciplinary proceedings, judicial review, public inquiries, criminal investigations, negligence and contractual disputes. Recent cases include: regularly instructed by the Solicitors Regulation Authority as an intervention agent and in litigation and disciplinary cases; acting for over 80 former soldiers in numerous inquiries, investigations and prosecutions in Northern Ireland, including Bloody Sunday.

Robert represents an array of clients from a variety of sectors based both within the UK and internationally in respect of debt recovery, commercial disputes and insolvency proceedings. Such work encompasses contractual disputes, securing and enforcing Judgment, Retention of Title claims, together with Bankruptcy and Winding-Up proceedings by single or volume instruction and subsequent liquidations, Voluntary Arrangements and Administrations. With over 20 years’ experience specialising in Debt Recovery and an associate member of both the Institute of Credit Management and R3 (the Association of Business Recovery Professionals), Robert oversees much of the Department’s work and the full range of recovery services provided for both secured or unsecured debts.

Rachel Eldridge

Rachel works in the successful Securitisation Team advising Registered Providers on a range of financial arrangements including bond issues, private placements and revolving credit facilities ranging from £1 million to £500 million. Rachel also acts for a number of Registered Providers in the release and substitution of security, the re-allocation of security, and obtaining uplift in value of ex-LSVT stock. Prior to Devonshires, Rachel worked in the Residential Department of a high street firm in Felixstowe, Suffolk. Prior to Rachel studying Law and becoming a Solicitor, she ran a successful business in the pub and restaurant industry. Rachel graduated from Middlesex University with a BA(Hons) and MA in Criminology, before completing her CPE at Middlesex University and LPC at Anglia Ruskin University. Rachel enjoys gardening, decorating, jigsaw puzzles and cooking in her spare time. She also enjoys travelling.

Carlos Fernandes

Carlos has a breadth of experience advising Registered Providers on a range of financial arrangements including bond issues, private placements, syndicated and bilateral loan facilities ranging from £1 million to £500 million. Carlos drafts and negotiates a variety of facility/bond documentation including certificates of title, legal charges and allocation certificates working closely with the Banking Team as part of the deal. In addition, Carlos regularly advises clients on the suitability of properties as security to a lender and carries out deeds of variation for clients to make properties suitable as security or to uplift their value. Furthermore, Carlos carries out document reviews for clients looking to acquire properties and development sites advising them on their suitability for security to a lender, as well as working alongside our Real Estate Team in their stock acquisition matters.

Mark is a partner in the Housing Management & Property Litigation Team.Mark advises on all aspects of housing litigation, primarily for Registered Providers. His practice includes all types of possession proceedings, Injunctions and disrepair and statutory nuisance claims. Mark’s practice also includes all aspects of property litigation involving both residential and commercial property issues. In particular, Mark specialises in leasehold matters and has extensive experience representing clients in the First Tier Tribunal Property Chamber. This work includes claims for forfeiture, service charge disputes, statutory consultation, lease variations and extensions and contentious boundary issues. As well as dealing with contentious matters, Mark also provides non-contentious advice in respect of housing management and property matters including the drafting of tenancy agreements, lease interpretation and advising on policies and procedures.

Gary heads up the Leeds banking team and is a member of the firm’s management committee. He also co-heads the Leeds office with Chris Drabble. He has extensive experience of advising on a range of financial instruments and arrangements, including syndicated and bilateral loan facilities; facility restructurings; mergers; group collapses; intra-group funding; interest rate derivatives; private shelf facilities, and high-value private bond issues. He acts for borrowers, lenders and trustees on real-estate finance related arrangements, with a renowned specialism in social housing finance.

Samantha advises Private Registered Providers and Local Authorities across a spectrum of matters affecting the social housing sector including Housing Management and has specialist knowledge of rent regulation. Regulation a. Rent Regulation Samantha leads on rent regulation and advises both private Registered Providers and local authorities (RPs) of all sizes. She has in depth knowledge of rent regulation, both historical and present, as well as the overarching regulatory framework applicable to RPs. Samantha regularly advises RPs on compliance, self-referral to the Regulator of Social Housing and advises on and undertakes investigations in respect of complex rent regulation matters. In doing so, Samantha works collaboratively with clients and third-party consultants to determine the cause and extent of the issue as well as providing pragmatic advice to rectify the issue and prevent it from occurring again. Samantha also regularly trains clients and Boards on rent regulation. In addition to the above, Samantha advises on validity of rent increase notices, acts for RPs in challenges to the First Tier Tribunal and advises on interpretation of rent increase provisions in tenancies and leases. b. Consumer Standards Samantha also advises clients on the Consumer Standards and is adept at providing pragmatic and straightforward advice on compliance and how to remedy identified breaches. Examples of her experience, include advising RPs on their duties to engage with and involve their tenants, often in the context of disposals and transfers, and drafting and/or advising on consultation documents. The Tenancy Standard is also something Samantha advises on, on a regular basis and this often dovetails with her rent regulation work. Inquests Samantha has over 10 years experience of acting for Registered Providers (RPs) in Article 2 (right to life) and non-Article 2 inquests. She has represented RPs operating general needs housing, care homes and specialist and specialised supported housing for vulnerable categories of people. Her background in housing management and property litigation provides a strong foundation for understanding the intricacies of the operations of RPs which provides Samantha with unique insight and skills when dealing with inquests. Samantha has dealt with high profile inquests such as that into the death of Sheila Seleoane and is adept at providing strategic and pragmatic advice to clients resulting in necessary changes/improvements being made to avoid Reports to Prevent Future Deaths (PFD) being made by the Coroner, with a 100% record to date for her clients. Samantha is often engaged at a very early stage and regularly guides clients through internal investigations following the unexpected death of a resident which are then used to inform her advice, and the Coroner. Samantha has built a team around her which has allowed the practice to be well serviced and to thrive.

Charlotte Ingram

Charlotte is an Associate in our Banking team primarily specialising in social and affordable housing finance transactions. Before qualifying Charlotte worked as a paralegal in our Securitisation Team and she continues use this knowledge when advising on a range of financial arrangements. Charlotte has experience advising lenders, borrowers and trustees on a range of transactions including merger/group reorganisations, facility restructuring, sustainability-linked lending, intra-group lending and private bond issues.

Jonathan Jarvis

Jonathan is a partner in the Banking, Governance and Corporate team and specialises in advising on a range of housing matters, advising RPs, local authorities and developers on stock transfers and joint ventures between the public and private sectors as well as advising on vires, charity law, mergers, group reorganisations and regulatory matters for RPs. Prior to Devonshires Solicitors, Jonathan spent 15 years at Trowers & Hamlins LLP during which time he specialised in LSVTs and advised Homes & Communities Agency on a number of their investment programmes.

Kris is a partner in the projects group and specialises in commercial contracts, PFI / PPP projects and public procurement. He acts for a range of registered housing providers, local authorities, charitable bodies, contractors, sub-contractors and bidding consortia across a number of sectors including housing, care and education. Kris has extensive experience of negotiating, drafting, reviewing and reporting on all forms of commercial contracts, including maintenance and facilities management services contracts, supply and distribution contracts, catering services contracts, joint venture agreements, professional services appointments, outsourcing contracts, care and support contracts and framework agreements for various works, services and supplies. He has acted on numerous major social infrastructure PFI/PPP projects in the housing, care and education sectors which has entailed drafting, negotiating and advising on all aspects of the project documentation including project agreements, payment mechanisms, sub-contracts, interface agreements, direct agreements and collateral warranties. He also provides on-going advice and assistance with numerous post-contract issues including variations, novations and complex contractual disputes. Kris also advises on all aspects of public procurement law and practice and provides advice to both a wide range of contracting authorities (in particular local authorities, registered housing providers and collaborative procurement vehicles) and private sector bidding consortiums and contractors on procurement matters. This includes advice on procurement strategy, the procedures to be followed, the consequences of breaching the regulations, the treatment of complex development, regeneration and joint venture agreements under the procurement regulations, and advice to a number of common procurement vehicles on procuring works, services and supplies on behalf of their members through the implementation of framework agreements.

Sharon is a partner and heads up the securitisation team of over 35 securitisation specialists. Sharon joined Devonshires in 1994 as a trainee legal executive and studied part-time, qualifying as a solicitor in October 1998 and winning the Law Society Prize for Outstanding Performance, becoming a partner in 2006. Sharon’s team acts for over 90 registered providers. Her experience includes the securitisation of residential street properties and developments under loan facilities of amounts varying from £1m to £450m on behalf of registered providers. Sharon’s notable transactions include acting for Circle in their merger with Affinity Sutton in 2016 to create Clarion, acting for Circle, Orbit, Great Places, Regenda, Wythenshawe and Your Housing on their large scale refinancing exercises, acting for Swan Housing and Riverside Housing in the switch from their syndicated facilities to bilateral facilities and acting for AmicusHorizon (now Optivo), BPHA, Bromford Housing Group, Circle (now Clarion), Great Places Housing Group, Hyde Group, London & Quadrant Housing Trust, Midland Heart, Moat Homes, Notting Hill Housing Trust, Radian Housing Group, Raglan Housing, Riverside Housing, Swan Housing and Yorkshire Housing (to name just a few) in the property charging on their bond issues/private placements. Clients state that ‘Sharon Kirkham’s commitment, understanding and support in securitisation work is second to none’. Sharon is seeking to achieve ‘stress-free securitisation’ in the sector by giving Security Training Seminars to RPs throughout the whole of England and Wales.

Kathryn Kligerman

Kathryn is a partner in the construction department and advises on all aspects of construction disputes. She has experience acting for Registered Providers, private contractors, private employers and construction professionals throughout the United Kingdom. Kathryn has experience advising on both contentious and non-contentious matters. She advises across a full range of construction issues and regularly represents clients at adjudication, mediation and litigation in the Technology and Construction Court and the High Court. Kathryn is also experienced in drafting the full range of construction documentation, including building contracts, development agreements, collateral warranties and bonds. Kathryn also regularly acts for clients against their professional advisors, including architects and employer’s agents, in professional negligence. Kathryn is also heavily involved in organising and speaking at seminars and client training sessions which typically cover important areas of law in the construction industry, such as defects and delay claims, along with other areas such as the CDM Regulations and the Party Wall Act 1996.

Hannah Langford

Hannah is a partner in the Real Estate & Projects Team. Hannah works closely with housing associations, local authorities and private developers with a particular focus on planning, development and regeneration schemes. Hannah heads up our planning team and advises on all aspects of town and country planning including drafting and negotiating section 106 and infrastructure agreements, advising on appropriation, planning appeals and listed buildings.

Neil is a partner in the housing management department. Neil qualified as a solicitor in 2000 and joined Devonshires in 2003. His responsibilities include conducting housing litigation which involves defending disrepair claims, bringing actions for nuisance such as possession proceedings and injunctions, bringing possession actions for unlawful sub-letting and non-occupation and disputed succession claims following the death of a tenant. Neil also conducts general property litigation as well as leading the firm's leasehold management team, dealing with both residential and commercial property. This includes working on matters in relation to claims for forfeiture, business lease renewal claims under Landlord and Tenant Act 1954, service charge disputes, recovery of unpaid service charges and consultation and Judicial Review. As such Neil conducts cases in the County Courts, High Court, Magistrates Courts and tribunals. As well as conducting contentious cases Neil also provides non-contentious advice in respect of housing management and general property matters including drafting tenancy agreements, advising on policies and procedures and service charge consultation. Neil’s main clients are housing associations.

Pauline Lépissier

Pauline advises on a wide range of disputes, including contractual issues, PFI disputes (primarily facilities management contracts regarding issues such as performance deductions, unavailability, disputes between subcontractors), regulatory investigations, IT disputes, fraud, insurance disputes, debt recovery, defamation, partnership disputes, and prison law. Pauline acts for a wide range of clients including private companies, Registered Providers, individuals and regulators. Pauline aims to deliver practical advice that takes into account her clients’ commercial objectives, including cost-effective resolutions and protecting reputations. Pauline has experience in a range of different courts and methods of Alternative Dispute Resolution, including arbitration, adjudication and mediation.

Mark is Senior Partner at Devonshires and head of the construction and property services department at Devonshires. Mark specialises in dispute resolution and acts for registered providers of social housing, local authorities, private contractors, TMOs and construction professionals throughout the United Kingdom. In addition to advising on the full range of construction issues Mark also advises clients on all aspects of maintenance and repair and public procurement. Mark represents clients at adjudication, arbitration, mediation and litigation in both the Technology and Construction Courts and in High Courts. Mark has also represented clients who are being investigated or have been prosecuted under health and safety legislation and advises on all aspects of health and safety law in both the construction and care sectors. Mark has also acted for clients against their professional advisors including architects and employer’s agents in professional negligence. Mark’s practice area requires a detailed knowledge of all aspects of dispute resolution and he is responsible for drafting the full range of documentation required in the various dispute resolution forums. In addition to the purely contentious work, Mark also runs regular seminars and clinics for clients updating them on developments in dispute resolution within the construction industry along with other areas such as health and safety, the CDM Regulations and the Party Wall Act 1996. Mark London is 'extremely knowledgeable and reassuringly experienced' The Legal 500 2014.

Katie is a partner and co-heads the Employment & Pensions Team and is based in the London office. Katie regularly advises clients on a wide range of non-contentious and contentious employment issues, including defending complex employment tribunal claims for discrimination, victimisation, harassment, unfair dismissal, breach of contract, wrongful dismissal, and whistleblowing, as well as claims brought in the county court for unlawful deduction of wages. Katie also specialises in pensions and corporate transactional and merger work and have expertise in related issues arising under the LGPS, SHPS, the NHS Pension Scheme and the Teachers’ Pension Scheme, as well as transactional experience in completing due diligence and guiding employers through TUPE related employment and pension issues in relation to outsourcing contracts, assets sales, share sales and mergers. Katie also regularly advises high net worth individuals in relation to exit strategies and negotiation on termination of employment, including shares and stock options. Katie is part of the cross-departmental Care Team.

Triya is a Partner and joint head of the Real Estate and Projects department specialising in social housing and development. She advises on a broad range of property transactions with a particular emphasis on site acquisitions, complex development agreements, conditional contracts and regeneration. Triya has successfully led on a number of large projects including the acquisition and development of a 375 unit scheme in London for a major registered provider, the acquisition of affordable housing units as part of a new Garden City in Kent and the stock transfer of over 400 homes in Suffolk. Triya also has a particular interest in working with smaller RPs and the G320. As well as this core area of work, Triya advises on telecoms leases, s106 agreements, commercial leases and the development of infill sites

Adam acts for all groups including developers, housing associations, public bodies, contractors, sub-contractors and construction professionals. Adam specialises in construction dispute resolution representing parties in adjudication, mediation, arbitration, expert determination and litigation.

Donna is the Head of Devonshires’ Housing Management and Property Litigation department. She heads up a team advising on all aspects of housing management law and practice, acting for Local Authorities, Registered Providers and private landlords in complex litigation, including possession proceedings; actions to restrain Anti-Social Behaviour; injunctions and disrepair actions. She also advises social landlords on matters of housing policy and procedure. She has particular specialism in matters relating to mental health, capacity and safeguarding and is part of the Devonshires Care Group. Donna heads up LandlordPLUS, a service dedicated to social and private landlords offering properties for market rent. Donna is Devonshires Solicitors most prolific trainer, regularly presenting seminars to clients and is responsible for co-ordinating the Housing Management training programme. She is a regular speaker at internal and external events and has spoken at conferences held by the NHF, Capita, Resolve ASB and the Law Society. She also speaks in schools as part of the Inspiring the Future programme. Donna is actively involved in Devonshires Corporate Social Responsibility Programme and is a trustee of the Devonshires Charitable Foundation.

Dan brings a pragmatic, commercially focused approach to his work with a ‘can do’ attitude – problem solving any issues to help the client get the transaction over the line with a risk profile they are comfortable with.EXPERTISE Dan’s areas of expertise include:•Acting for both landlords and tenants on commercial lettings•Asset management work for a number of clients•Conditional contracts, overage agreements and collaboration agreements•Development work•High value residential sale and purchases•Investment properties – sale, purchase and ongoing asset management•Purchase of a number of Solar Farms on leases with the benefit of ROC payments for clients•Restructuring of ownership of assets for clients•Section 106 Agreements•Secured lending including securitisation of portfolios•Telecommunications leases – acting for landlords

Caroline Mostowfi

Caroline is a partner in the real estate and projects group with a dual specialism in property and projects. Caroline focuses on regeneration and development projects in the housing, leisure and care sectors. Caroline also leads the energy and climate change team and has acted for a number of registered providers and local authorities in relation to a range of renewable energy matters.Many of the projects which Caroline has advised upon have involved a housing focus (affordable and private development) often with a regeneration dimension or an element of service provision including care, extra care, leisure and energy services. Caroline has a wealth of experience in acting for a range of registered providers, local authorities, charities and companies. Her current focus is on the housing and care sectors.

Stephen Netherway

Stephen has wide-ranging experience in disputes and arbitration, with particular focus on major insurance and reinsurance disputes, brokers/intermediaries and delegated authority arrangements, policy coverage as well as major business claims. Frequently these involve cross-border or multi-jurisdictional issues and assisting/monitoring overseas proceedings. Stephen has considerable experience in both the major trial and appellate UK Law Courts, as well as before international and domestic arbitration panels.

Rachel Orgill-Harris

Rachel is a Partner in the Banking Team. She advises on a range of financial arrangements, including public bond issues, private placements, loan facilities, intra-group funding agreements, facility restructurings, group re-financings and interest rate derivatives. Rachel’s primary specialism is advising issuers on multi-million pound public bond issues and bond programmes and additionally, she often acts for clients on their retained bond sales and EMTN programme updates. Rachel also has significant experience in merger consents and refinancing having acted on the Southern Housing and Notting Hill Genesis amalgamations, amongst others. Rachel also advises clients on anti-money laundering compliance.

Alice is a Partner in our Banking, Governance and Corporate team. Alice qualified into the Banking, Corporate and Governance team in 2014 having completed her training contract at Devonshires. She joined the partnership in 2021. Alice advises on a wide range of transactions including bank funding, bond issues, private placements, financial due diligence, loan security arrangements and intra-group funding. Alice also leads the firm’s consumer credit work, advising many Registered Providers and Registered Social Landlords on consumer credit regulation, assisting with applications and variations for FCA permissions, advice on how to avoid regulation and on remaining compliant when regulated.

$William O\'Brien$

William O\'Brien

William specialises in the resolution of disputes and the conduct of civil litigation. He joined the Construction, Engineering & Procurement team in July 2020 having trained at the firm and qualifying into its Litigation & Dispute Resolution department. He has a broad range of experience of bringing and defending claims, as well as advising clients where disputes are anticipated in the future and how to avoid them. He acts for companies, social housing providers and private individuals.

The main area of David’s practice is dispute resolution with a focus on high value, complex, multi-jurisdictional commercial litigation and commercial fraud investigations. He acts for companies and businesses within and outside the UK in many of the ‘offshore’ jurisdictions. His clients include; companies, government bodies, housing associations, military, regulators and private individuals. David’s practice includes claims and disputes concerning commercial fraud, extradition, POCA, money laundering, tax investigations (COP9/COP10), professional negligence, insolvency litigation, asset tracing, debt recovery, shareholder and other corporate disputes. More recently, David has seen a rise in client’s seeking advice on cryptocurrency related fraud.

Asif is a Partner at Devonshires and the head of the non-contentious Construction, Engineering & Procurement team. Asif provides strategic advice to our clients from pre-planning through to project completion and onward sale. He is the ‘go to’ person on transactional construction matters, assisting clients with all forms of construction procurement, including (but not limited to) traditional, design and build, modular construction, joint venture, management contracting and construction management. Asif’s experience and expertise covers: (1) advice on the procurement approach for construction projects, (2) drafting and negotiating all forms of industry specific construction contracts, bespoke construction contracts, development agreements, professional appointments, collateral warranties, deeds of novation, deeds of variation, performance bonds, parent company guarantees, asset management and facilities management contracts, (3) setting up tax efficient public sector development vehicles, (4) providing strategic advice on the delivery of distressed projects or projects in delay or over budget, (5) advising on contractor insolvency, and (6) advising on all forms of construction insurance. A few testimonials from his clients: ‘Asif Patel is very personable, makes everything simple to understand, delivers on promises, responds quickly, and makes the whole process very straight forward’ ‘Asif Patel has a highly pragmatic approach to contract drafting. He has a highly measured and engaging approach.’ ‘Excellent responsive service, completes tasks in line with agreed timescales, excellent advice provided, and looks for solutions to suit all.’

Sasha is a Partner in our Construction team, specialising in non- contentious construction law. Sasha joined the team in October 2020, having previously qualified into Fladgate’s non-contentious construction team. She has 8 years’ extensive experience advising on high-value transactional matters, in both commercial and residential developments and provides strategic advice to clients from pre-planning through to project completion. Her experience includes drafting and negotiating a wide range of standard form and bespoke construction documentation including building contracts, consultant appointments, performance bonds and parent company guarantees. Sasha regularly advises developer borrowers and is experienced working on projects supported by institutional lenders (including Lloyds Bank, Barclays Bank, Octopus, Wells Fargo and UBS), engaging in tri-partite negotiation between developer, funder and construction professional to produce “bankable” construction contracts, as well as advising on the development aspects of the loan agreement. Sasha is also well versed in modular construction projects, drafting bespoke modular construction contracts for franchised hotel developments around the country and overseas, ensuring that the main building contract properly sits alongside the modular process. Sasha is experienced in advising developer clients on “distressed” projects, assisting the client to implement measures to protect its investment where contractors or the building supply chain are running into solvency concerns.

Saghar acts on behalf of a vast number of Registered Providers in England and Wales advising on all aspects of the securitisation process as well as wider property related matters. Saghar’s broad knowledge and experience includes the securitisation of large property portfolios comprising of residential properties and mixed-use developments, security to bond issues, private placements, syndicated and bilateral loans as well as on large restructuring and refinancing exercises, with transactions ranging up to £500 million. Saghar also heads the sub-team of the Securitisation Department aimed exclusively at Smaller Registered Providers, which advises and assists Smaller Registered Providers with raising secured finance as well as their securitisation matters

Lee is a partner in the Housing Management & Property Litigation team. Lee specialises in landlord and tenant, property litigation, public/administrative law and associated regulatory matters. Lee’s specialism in complex dispute resolution, both in and out of court, sits alongside his extensive experience in advising on non-contentious policy and procedure in addition to regulatory matters. Lee has a developed specialism in fire safety issues and property litigation aspects to contentious construction disputes. Lee is also a specialist in dealing with litigation involving mental health, safeguarding and capacity issues. Lee also sits as Co-Chair of the Social Housing Law Association. Lee leads our dedicated Wales team, advising registered social landlords on all aspects of housing management, property litigation and topical Welsh issues.

Sara currently works in the Securitisation department acting for Registered Providers on the security aspect relating to bond issues, private placements, syndicated and bilateral loans. Sara has also assisted on the property documentation required for intragroup stock transfers of dwellings to be used as security. Sara is a Solicitor in the Securitisation team. She has vast experience in the charging of security under varying loan facilities and bonds ranging from £1 million – £300 million. She has acted for a number of well-established RPs including Notting Hill, Hyde and Circle.

Natalie is a Partner in our Leeds Banking Team who specialises in non-contentious transactional finance work. Natalie primarily specialises in social and affordable housing finance (including sustainability-linked lending) and project finance. Natalie has a breadth of experience advising borrowers, lenders, private bond arrangers and trustees on a range of financial arrangements, including private bond issues, secured and unsecured lending, facility restructurings, sustainability-linked lending, intra-group funding agreements, joint venture arrangements, group re-financings emanating from merger/group re-organisations and interest rate derivatives. In addition to negotiating facility/bond documentation, Natalie also advises on security arrangements, working closely alongside the Property Charging Team.

Sharon specialises in corporate, governance and regulatory advice and primarily works with registered providers of social housing (RPs) on a variety of matters that range from incorporation and registration as RPs, through to dealing with regulatory intervention and partnership working with third parties. Sharon advises clients across the housing, charities and third sectors on their corporate and company secretarial needs, including providing training and support to boards and executive teams on their regulatory compliance and a range of other legal issues. She also advises on establishing and reorganising group structures, strategic governance advice and reviews, co-operative and community benefit society law, general company law and charity law.

Carolyn advises on a wide range of financing transactions for registered social housing providers in England and Wales, including syndicated and bilateral loan facilities, note purchase agreements, facility restructures, intra-group funding, financial due diligence, security trustee arrangements and interest rate derivatives and related security. Carolyn also advises on constitutional and regulatory matters in relation to finance transactions and intra-group funding.

Kirsty Thompson

Kirsty is a partner in the Employment team. Kirsty acts for Registered Providers, providing support and advice on all types of employment and HR matters. She advises on day-to-day enquiries covering issues such as disciplinaries and absence management, restructurings, and discrimination grievances; prepares Employment Tribunal claims through to trial; and undertakes policy and contract reviews. Kirsty also delivers training to HR teams and operational managers. In addition, she has acted as an investigating officer for clients, conducting investigations into lengthy grievances and whistleblowing complaints. Kirsty also has experience of advising on securing Executive departures and providing strategic advice on TUPE and large-scale exercises to change terms and conditions.

Neil is a Consultant in the Real Estate and Projects team at Devonshires. Neil’s work over the last two decades has concentrated on an unusual mix of pure residential development (for both registered providers and private developers), environmental work (for both developers and industrial clients), commercial property (for both occupiers and landlords) and infrastructure projects (principally in the utility sector). This mix of experience has proved particularly useful when working on complex regeneration projects that rarely fit neatly into the residential, commercial or infrastructure boxes. Neil works with clients from initial heads of terms discussions, through project delivery to commercial property portfolio management. That takes in issues including JV structuring, planning, rights to light, long term environmental and ecological liabilities, development agreements, commercial lease disposals and grant funding. Over the last twenty years Neil has worked with a range of clients including Registered Providers (such as Hyde, Southern and L&Q), private developers (such as Bouygues, Mulalley and Hill), Local Authorities (such as Woking and Havering), Academy Schools (such as Ark and Future), utility companies (such as EDF and UKPN) and commercial end users (such as Agilent Technologies and OMX (the ‘Swedish Stock Exchange’)). RECENT TRANSACTIONS Neil led the Devonshires team acting for L&Q on their purchase of a 100% interest in Gallagher Estates one of the largest strategic land businesses in the UK for an enterprise value of approximately £505m. The team comprised of 20 lawyers from across the firm including employment, corporate, banking, governance and, of course, real estate specialists. Neil has continued to act for Family Mosaic/ Peabody in connection with their development of the Heathside and Lethbridge Estates in Lewisham. His work has spanned from heads of terms through negotiation of a phased conditional development agreement through to the delivery. The project involves discounted land being provided by the London Borough of Lewisham and grant being provided by the HCA in return for an equity stake in the 1,300 unit development. Neil’s economics background came in handy when drafting the grant for equity provisions based on a financial viability model with surpluses and deficits cascading down through the 10 year phasing. Neil advised a major utility company on a deep large bore tunnelling project under central London. His work concentrated on reaching agreement with a national landowner with regard to the physical impacts of the tunnel on development above and, more importantly from his client’s perspective, the effects of demolition and redevelopment of tower blocks above the tunnel route on the tunnel structure. Neil and his team acted for Hill in connection with the establishment of a Joint Venture with Origin Housing to acquire, develop, market and sell a scheme at Northolt Road Harrow. The project will see delivery of approximately 120 homes together with basement car parking. Work included title due diligence, negotiation of land purchase contracts, development agreements and leases alongside the establishment of a LLP joint venture vehicle with associated members agreement.

Robert has extensive experience in drafting, negotiating and advising in relation to major construction and infrastructure projects. His expertise covers contracts procured through conventional, turnkey, construction management and DBFO Contracts as well as consultant’s appointments, FM Contracts and O&M Contracts. He has particular experience of PFI/PPP contracts in the transport, defence, health, education and accommodation sectors. He has also advised on projects in the energy, retail, waste and sports sectors. His experience includes advising project sponsors, developers, lenders, contractors and procuring authorities and has advised on projects in a number of different jurisdictions, including UK, Ireland, Netherlands, Russia, Greece, China, India, and Kazakhstan.

Jim is an insolvency partner with extensive knowledge of forensic recovery and contentious insolvency. Over 20 years he has built a strong expertise in reorganisations, administrations, pre-packs, administrative receiverships and LPA receiverships, voluntary arrangements and bankruptcy situations. His work includes advising creditors in relation to their rights and options in relation to unsecured liabilities in both liquidations and bankruptcies, and also advising and assisting Insolvency Practitioners in seeking to recovering assets and liabilities in usually zero asset insolvencies. Jim’s recent experience includes: acting for a liquidator in seeking to recover moneys from a former director resulting in a recovery of £1m; acting for a liquidator in a claim against a former director for the recovery of company moneys spent by him for his personal use resulting in full recovery plus interest and full indemnity costs; acting for a provisional liquidator and special manager of a partnership accused of alcohol diversion fraud involving multi-jurisdictional aspects in the USA, France etc; advising an estate in relation to a multi-million, multi-jurisdictional VAT evasion fraud in which they recovered large sums; undertaken a search and seizure application in the United States; examination of witnesses in a court in India; advising insolvency practitioners in relation to asset recovery from bankrupts; advising in relation to directors' liability arising from their conduct in running various insolvent companies and successful recovery from them; forensic investigation for insolvency practitioners; advising in relation to bankruptcies of partners of a large accountancy practice that went into liquidation; and advising in relation to the retention of title claims made following the collapse of a large retail organisation.

Matthew works with organisations across the housing sector – registered providers, funders / investors, local authorities and developers – on a broad range of commercial, corporate and regulatory matters. On the transactional side this includes structuring of investment / funding models, joint ventures, corporate group structuring, public / private partnerships, mergers and acquisitions. Advisory work includes new registrations, regulatory compliance, governance, subsidy control, grant and HRA matters.

Camilla is a Solicitor in the Real Estate & Projects team. She currently works across a range of commercial property matters including acquisitions, disposals and lettings. She works with the site acquisition team and her particular focus is on planning matters. Camilla trained with Devonshires prior to qualifying in the Real Estate & Projects Team in March 2023. She trained in different areas in the Real Estate & Projects and Housing Management & Property Litigation departments.

Michael is a partner in the Construction & Engineering team. Michael’s practice is heavily weighted towards contentious matters for housing associations and public bodies, with a particular focus on large complex disputes in commercial, insurance, engineering and construction matters. His current workload centres around defects disputes, in particular the fire safety of rainscreen cladding systems on high rise buildings, and claims under latent defects policies. As a thought leader, Michael publishes extensively on statutory, caselaw and industry developments, and frequently comments for industry publications.

Elad is a partner in the property department and advises on a broad range of property transactions with a particular emphasis on commercial property transactions, development, real estate acquisitions and disposals and landlord and tenant matters. Elad has vast experience in dealing with tenanted stock and portfolio transfers including property work on transfers of engagements and intergroup transfers as well undertaking complex development work, including property work on joint ventures, conditional contracts and deal structures for a number of Registered Providers and charitable bodies. Elad also advises clients on infrastructure and planning agreements, development of exisitng assets, property financing and private sector schemes. Elad runs a number of training sessions for clients and his breadth of knowledge and experience in the social housing sector has helped to develop the department's client base.