Managing partner and head of dispute resolution department. Commercial litigation to include contract disputes, shareholder disputes, eg unfair prejudice and minority shareholder claims, intellectual property disputes, partnership disputes. Property litigation to include dilapidations disputes for commercial premises, commercial L&T disputes, residential land development disputes, Lands Tribunal restrictive covenant disputes, TOLATA disputes. Probate litigation to include capacity disputes, inheritance (Provision for Family and Dependants) Act claims, Court of Protection litigation. Strong believer in mediation. Examples of commercial cases: acted for an international haulage and freight forwarding company in a dispute regarding a share sale agreement concerning a subsidiary whereby the buying party then traded in breach of the agreement, with particular reference to breaches of licences of intellectual property rights. Successfully forcing the defaulting party to cease the breaches and revoking the licences to protect the client s position in the industry. Acted for a corporate client in a claim by commercial agents for commission following its purchase of commercial premises for a sum in excess of £2m. Successfully resisting the claim and securing an order removing the client from the court proceedings at an early stage. Acted for a manufacturing company in respect of an application to the Lands Tribunal for adverse possession of unregistered land crucial to its long-term plans to re-develop its commercial premises to residential. Despite the application being actively opposed by Network Rail, a settlement was achieved shortly before the full hearing with ownership of the land conceded to the client. Advised the sellers of the share capital in a company registered abroad (but where the specified jurisdiction of the Share Purchase Agreement was England and Wales) following a failure by the buyers to carry out obligations under the Agreement. Liaising with lawyers also instructed in the country the company was registered in to coordinate steps to protect the sellers from possible liabilities in either jurisdiction. The dispute eventually being resolved to the client s satisfaction without the need to issue proceedings in the English Courts. Acted for a commercial land agent in opposing a dispute over £1.5m in overage sums relating to a longstanding and complicated land development project. Extricating the client from the dispute and his contractual obligations without having to make any payments to the other parties in the dispute.
Herrington Carmichael LLP
Lawyers
Tim is the head of the real estate department. Tim has particular expertise in residential development work both for developers and landowners. He regularly deals with land acquisitions and disposals by way of unconditional or conditional contracts and options, also strategic option agreements. Experience/recent projects: acting for a regional developer in a complex purchase of a development site with an anticipated built value of £20m by way of a conditional agreement, sub sale and a further development agreement for an additional part containing off-site affordable housing. Acting for a national developer in the grant of a long term option agreement and subsequently after planning obtained for 290 houses acquiring the development site. Acting for a waste management company acquiring a disused airfield and industrial units near the south coast. Acting for trustees selling a development site for approximately £7m in Elmbridge including initially preparing the land for sale by hiving off the surplus land from the part of the site still used and then negotiating a complex conditional agreement with a national developer for the surplus land.
Yavan was appointed as Managing Partner on 1 October 2019. He established the corporate and commercial department in 2008 concentrating on supporting businesses and their commercial requirements. Having built a team of expert corporate and commercial lawyers with a wide range of industry specialisms, Yavan is able to offer pragmatic solutions to complex legal problems. Yavan, a technically able expert, has extensive experience advising on M&A, corporate restructuring, banking, business ownership issues and intellectual property rights matters.Yavan’s recent experience includes: - Advising national on-line retail company on its sale to a Joint Venture conditional upon an Australian Securities Exchange listing with a deal value of A$40,000,000. - Advising a national financial services provider on fund raising £5,000,000 from BVI private equity to facilitate its acquisitive growth programme. - Acting for two special purpose vehicle subsidiaries of a prestigious property developer on loan facilities of in excess of £20m and c£8,000,000 provided by a Luxembourg-based investment fund including negotiating facility documents and meeting complex conditions precedent. - Acting for the MBO team in a £14.5m acquisition and in the post completion restructuring of a seven company group with a group turnover of £50m. - Advising estate management and compulsory land acquisition consultancy and project management company on complex restructuring including long-term shareholder exit plan, incorporation of four holding companies for incoming equity investment and provision of a group company management document protecting the interests and control of the founding shareholders/directors. - Advising property investment and management group on restructure including application for HMRC clearance for planned section 110 demerger to separate investment and management businesses. - Advising on and negotiating the sale of the entire issued share capital of an information technology consultancy business in connection with new investment, including advice on warranties, disclosure process and complex completion accounts mechanism. The transaction was complicated by the fact that the purchaser was investing to secure the financial stability of the company by meeting creditors of the target directly. - Advising purchaser on reverse takeover of an AIM listed company.