Real Estate Finance

Banking and Finance

Loan restructure to safeguard client’s commercial stability

We were involved in renegotiating and extending significant loan and revolving credit facilities on behalf of our client, a well-known plc. Our team acted quickly to ensure the new financing arrangements could be assessed by the company auditors prior to signing off annual accounts. Meeting the tight timeframe ensured the client had uninterrupted access to funding and avoided any threat to the financial stability of the business.

Banking and Finance

Misrepresentation – successfully defended a £15m damages claim for deceit

A series of loan notes were issued to raise capital for a care sector business. The Claimant (the capital provider) claimed that the financial information provided by our client was false and misleading. After failing to restructure its debts, the fund went into administration in 2014 resulting in the loss of the entire value of its investment. The fund issued a claim against our client in 2017. Our team successfully argued that the Claimant had failed to undertake reasonable due diligence at the time when they made the investment and failed to commence the claim within the six year statutory time limit. The claim was therefore found by the High Court to be ‘statute-barred’ and was dismissed.

Dispute Resolution and Commercial Litigation Lawyers

Negotiated settlement for a high-net-worth family

We defended our client, a globally based family with international assets in property and art located in three different jurisdictions, against a claim for sums due under a loan agreement, which had fallen into default. Once proceedings were issued, the Claimant made an application for summary judgment and an agreement was reached prior to the determination of that application, providing an excellent and wholly successful outcome for our client.

Commercial Real Estate

Ongoing management of £30m property portfolio

We provide extensive ongoing advice to multi-million-pound property portfolio. Our advice covers all aspects of property management and ownership, including dilapidations, new leases and lease renewals, rent reviews, possession, forfeiture, alterations and advice on renovation and redevelopment works.

Commercial Real Estate

Advising purchaser on property aspects of acquisition of substantial care and treatment company

We provided property and planning support in connection with the acquisition of a specialist care, education and treatment company. A large team from across the firm carried out property and planning due diligence and reporting and identified and resolved title issues. We also provided support to other firms of solicitors involved in the transaction, successfully working with various advisers acting for our client on the transaction. The complexity of properties and a demanding and shifting timetable made the task challenging. Our close cooperation with another firm of solicitors involved in the transaction was vital to the success of the deal.

Development and Regeneration

Acting for purchaser of development site with planning for new homes

The site had been on the market for some time and there had been a number of aborted sales due to complex conditions on the planning permission. The seller required the client to exchange contracts within four weeks. Working with our planning law experts we were able to provide a detailed summary of the planning issues giving the client confidence to proceed. We were then able to meet the seller’s four-week deadline for exchange

Acting for seller of prestigious hotel and restaurant venue

We acted in a complex transaction which involved the sale of the hotel site in two parts, one to the end user and the remainder on a back-to-back sub-sale to the end user via a developer. The involvement of three parties in the sale of this complex transaction presented a number of challenges that the firm was able to successfully navigate. The disposal of this asset for our client was Important for their long term strategic goals.

Unconditional purchase of a dwelling with planning permission for construction of six new houses by way of sub-sale

Under pressure from the seller to complete the transaction, our real estate team quickly identified that the site being purchased was affected by rights in favour of adjoining land. We exchanged and completed a deed of release of these rights with the adjoining owner and simultaneously exchanged on the purchase within four weeks of being instructed.

Advising on acquisition of a single dwelling for demolition and rebuild

This is a good example of where our development team provides value to clients at the outset of a transaction by highlighting key title issues that may affect the client’s plans for the site. Here we identified that the site had inadequate access and service rights over third party land. This would not normally be a barrier to development. but investigations highlighted that the adjoining owner was going to be very difficult to deal with and would use the title issues to try to acquire the site themselves at a reduced price. The client elected to walk away and invest their time/effort in a less risky project.

Banking and Finance

Cost saving intercreditor agreement

We acted for a bank to renegotiate an intercreditor agreement that hindered the business of a longstanding customer. We advised a redesigned intercreditor with a built-in mechanism to allow new lenders to join the creditor arrangements at an appropriate and pre-determined priority position, based upon loan-type. With a large number of lenders and a private equity investor involved, negotiating the intercreditor was a complex process however its successful implementation means the bank’s customer is now able to access a greater array of financing options efficiently and without delay and high costs.