Clarkslegal LLP

Antony Morris is head of the dispute resolution team in the resolution and litigation of commercial disputes. Antony is recognised for his mastery of high-profile complex litigation, resolving a broad variety of disputes for commercial clients, providing strategic advice and assistance with negotiations at an early stage, often behind the scenes. Antony finds practical solutions to difficult problems, ensuring that matters are looked at from every angle. He frequently engages in cross-border work and focuses his practice on professional negligence, commercial contract disputes and international trade issues. He acts for clients active in a variety of sectors, including the automotive, education and technology sectors. Experience Risk management and commercial advice Antony advises clients on how to resolve or mitigate legal problems at an early stage. This may be behind the scenes advice, assistance with drafting correspondence, attendance at meetings or arranging without prejudice meetings or mediation. Commercial disputes Commercial clients include commercial contract claims, corporate and shareholder disputes, professional negligence claims, technical, technology and IP disputes, as well as dealing with injunctions and other forms of urgent action. IT and Telecoms Experienced with a large number of telecoms and IT clients, with in-depth understanding of the problems companies in this sector face. Property claims Property disputes, from dilapidations and landlord and tenant, through to joint ventures and breach of contract, for landowners and large landlords to small family companies and individual company tenants. Regulatory Experienced in advising businesses faced with the threat of prosecution or other regulatory action and from the early stages of investigation to the defence of any claims brought. Finance and Fraud Assists clients recovering money following fraud, often by way of urgent injunctive action, and by other means such as claims against banks and complaints to various regulatory bodies.

Ashan Arif

Ashan Arif is head of corporate and commercial team and Director of forburyTECH, a tech start-up advisory of Clarkslegal. Ashan provides corporate, company and banking advice to a wide range of businesses including start-ups, owner-managed businesses, SMEs and large listed corporates. His expertise includes mergers & acquisitions, private equity, corporate, investments, restructurings, asset and business transfers, joint ventures, commercial agreements, banking, finance, alternative finance, fund raisings, general company and corporate matters. Ashan acts for clients from across a range of sectors with a particular focus on the technology, media & entertainment, motor and hotel industries. Experience Start ups, university spin-outs and early stage Ashan advises start-ups, mainly in the technology sector, university spin-outs and early stage companies, finding ways to help grow the business quickly and efficiently through Clarkslegal’s relationships with investors and financiers. Mergers, acquisitions and disposals Ashan regularly advises clients on mergers, acquisitions and disposals, including management buy-outs and buy-ins, advising clients from a commercial and strategic perspective, as well as legal, getting involved in transactions as early as possible. Fundraising – angels, private equity, venture capital Ashan has extensive experience and understanding of raising equity finance, from angel investment, private equity or venture capital. Owner managers Ashan regularly acts for exiting owner managers and shareholders of SMEs on the sale of their company. Banking and finance Advises clients on debt finance and related security documentation, whether as part of a corporate transaction or a stand-alone financing. This includes advising on loan agreements, debentures, charges, guarantees and other forms of security as well as satisfying the lender’s requirements, and Islamic Finance. Reorganisations and demergers Ashan works closely with the client’s accountants and tax advisers during the reorganisation of a company, group of companies or a specific part of their business. Business divorce Ashan has advised numerous clients on successfully settling shareholder disputes aiming to preserve the integrity of the ongoing business. Shareholders’ agreements and joint ventures Ashan regularly advises on shareholders’ agreements and joint venture arrangements, helping clients to understand the importance of documenting key issues governing the relationships of the parties.

Christopher Tayton

Position Chris Tayton is a partner in the dispute resolution team, advising on all types of commercial disputes, including public procurement, product liability, IT and IP, as well as commercial agency disputes. His insightful expertise ensures practical and cost-effective solutions to achieving clients’ objectives, from reaching an early amicable resolution, to issuing legal proceedings for urgent protection. Clients include a wide range of businesses, from international shipping companies to local businesses and, as well as advising on all types of commercial disputes. Commercial Agents Regulations Advised many principals and commercial agents on their rights and duties under the Regulations. This has included acting on a successful international arbitration brought against a Swedish listed company leading to a multi-million pound award, and defending a UK plc against a substantial claim for compensation brought by a disgruntled former agent. IT disputes Extensive experience advising the legal and commercial issues confronting IT dispute suppliers, software and hardware designers, as well as businesses using these services. Judicial review and public procurement challenges Advises businesses and public authorities on public procurement challenges and judicial reviews, including defending a local authority against a judicial review of their decision made in respect of a Foundation School and challenging a decision made by the Welsh Government to award a high value services contract. Product Liability Experienced in acting for manufacturers/suppliers on product liability claims including product recalls, as well as consumers and customer seeking redress for defective products.

Emma Butcher

Emma is a partner in the dispute resolution team, advising on all types of commercial disputes with a particular focus on property litigation, commercial agency disputes, product liability and public procurement. Recognised as a “Next Generation Partner” by Legal 500 2023. Emma regularly represents clients on resolving disputes through alternative methods such as mediation. Experience Property Litigation Emma works closely with the firm’s commercial real estate team in dealing with landlord and tenant disputes, including contested lease renewals, dilapidations claims, forfeiture and service charge disputes. She also advises landlords on their obligations in relation to their residential property portfolios, including on rights of first refusal, leasehold enfranchisement and right to manage. Commercial Agency Emma advises both commercial agents and principals on their rights and obligations under the Commercial Agents (Council Directive) Regulations 1993. She regularly writes articles on this area for AgentBase, a trade organisation for commercial agents. Procurement Emma acts for suppliers in challenging tender awards under the Public Contracts Regulations 2015 and other associated legislation. Emma frequently achieves strong outcomes for clients including obtaining damages awards, re-runs of tenders, and the addition of parties to framework agreements. Emma gives regular webinars and training in this area Product liability Emma has expertise in product liability matters in particular for clients in the automotive sector. Emma advises manufacturers and suppliers on claims brought in negligence and under the Consumer Protection Act 1987, as well as on regulatory responsibilities including product recall.

Helen Beech

Helen Beech is partner in the employment team, and Director of Forbury People, an HR consultancy owned by Clarkslegal. She is an industrial relations specialist having been involved in a significant number of high profile and complex restructurings and change programmes, supporting her clients, in both unionised and non-unionised environments to negotiate their way through the challenges of pay disputes, contingency planning, reputation management, strikes and union recognition bids. She has a wealth of experience advising on and managing large-scale consultation processes, employee engagement programmes and setting up employee forums. She also acts for both companies and individuals negotiating settlement packages, often in situations involving complex discrimination issues, ranging from disability, transgender and race discrimination as well as equal pay cases, often combined with whistleblowing allegations and reputation management challenges. Her significant expertise and longstanding trusted relationships with clients mean she always has a focus on practical and commercial solutions for businesses, drawing on other practice areas and specialist experience within the HR consultancy. Experience Redundancy / Restructuring Helen has supported a number of major clients during the process of implementing major changes programmes including changes to terms & conditions, working arrangements, shifts patterns, closures of final salary or other pension schemes, managing the election process from start to finish, advising on collective consultation obligations and working with employee and trade union reps, supporting redundancy processes and minimising protective award risks. TUPE and business transfers Helen has supported a number of major clients during the process of implementing changes to or closures of final salary or other pension schemes, managing the election process from start to finish, including the auto-enrolment process, working with pension advisors to those facing the enrolment challenge. Pension changes and auto-enrolment Helen has supported a number of major clients during the process of implementing changes to or closures of final salary or other pension schemes, managing the election process from start to finish, including the auto-enrolment process, working with pension advisors to those facing the enrolment challenge. Discrimination and harassment Helen has supported a number of major clients during the process of implementing changes to or closures of final salary or other pension schemes, managing the election process from start to finish, including the auto-enrolment process, working with pension advisors to those facing the enrolment challenge. Industrial Relations Helen has for many years helped her clients navigate the complex issues around industrial relations, from the cut and thrust of strike action and ballots to contingency planning and reputation management as well as working in helping companies to create and/or work pro-actively in partnership with both employee forums and trade union representative.

Michael Sippitt

Michael is Senior Consultant in Clarkslegal’s employment team. Michael is experienced in employee relations, crisis management and contingency planning, providing organisations with strategic support that is both commercial and practical. Michael has substantial experience in labour related restructurings and TUPE transfers, collective employment relations law and strategy, trade union issues and industrial disputes. Michael is frequently recognised as a leading lawyer by a number of the legal guides, including Chambers and Partners guide 2019 as the only Eminent Practitioner in Employment Law in the Thames Valley region. Inducted to the Legal 500 Hall of Fame as an elite leading lawyer and winner of the Legal 500 UK Award 2019 as the leading Human Resources individual lawyer outside of London. He is co-author of the Employment Law chapter of the Oxford University Press textbook “The Law and Practice of Restructuring in the UK and the US.” This book is the only work to cover the practical elements of both major systems of law in one place and is now in its second edition.

Monica Atwal

Monica is an employment and immigration lawyer and managing partner of Clarkslegal. Monica has over 20 years’ experience and has represented a significant number of high- profile clients on complex employment and immigration matters and regularly provides training to her corporate clients. Clients range from individuals, start-ups, SMEs to large multinational organisations, working in a range of sectors from IT, utilities, pharmaceuticals, retail, logistics, motor and professional/service firms. Monica represents clients on small to large scale redundancies, high-profile disability cases, pensions, discrimination, equal pay and whistleblowing issues. A talented advocate and litigator, she regularly represents clients in the UK tribunals and is known as a passionate advocate for her clients. She specialises in assisting businesses with the global transfer of staff – particularly at director level – and their families. She also assists entrepreneurs, investors and overseas companies setting up in the UK. Immigration Monica advises UK and international companies, obtaining visas for entrepreneurs, investors and overseas companies setting up in the UK. She acts for a range of companies, assisting them with their sponsorship licence and employing overseas workers. Clients can be provided with a complete immigration outsource function as an extension of their HR team, ensuring the recruitment of talent and dealing with all aspects of the sponsor management system. Redundancy/restructuring Monica advises on a significant number of projects including small to large scale redundancies, transfers of businesses both in and out of organisations and changes to terms and conditions, including to pension schemes. Monica works with clients to achieve smooth change management where the emphasis is on engagement and ensuring positive outcomes for the business and the employees. Discrimination Monica is experienced in tribunal claims and has a high success rate. A number of claims get withdrawn prior to clients incurring substantial costs. Monica assists with preventative measures and supports the client’s brand by running employee engagement programmes and training seminars. Which varies from one-to-one director coaching to group workshops. Employment advice ranges from simple checks to complex and strategic matters. Monica gets to know her clients’ businesses well to provide practical, robust and commercial advice that balances legal risk appropriately for their business. Training and Advice Monica is experienced in tribunal claims and has a high success rate. A number of claims get withdrawn prior to clients incurring substantial costs. Monica assists with preventative measures and supports the client’s brand by running employee engagement programmes and training seminars. Which varies from one-to-one director coaching to group workshops. Employment advice ranges from simple checks to complex and strategic matters. Monica gets to know her clients’ businesses well to provide practical, robust and commercial advice that balances legal risk appropriately for their business.

Pierre Dutton

Pierre is a senior associate in the commercial real estate team and has strong links to the Thames Valley and London. He works with a broad range of clients: developers, landowners, charities, institutional and private lenders, and landlord and tenants. He prides himself on being able to deliver clear and commercial advice to his clients. Pierre also works closely with our corporate team, providing assistance on their transactions which involve real estate. Before joining Clarkslegal, Pierre trained at a law firm in Reading and then qualified into real estate in 2016. Pierre is a bilingual dual national and has lived in France and England; as such he assists any French speaking clients. Experience Acquisitions and disposals Acts for both sellers and buyers of commercial property, both freehold and leasehold, including single to multi-let properties or mixed-use properties. Landlord and Tenant Pierre has significant experience acting for both landlord and tenants, and provides clear advice to clients taking on or granting leases of industrial, office, retail and office space. He also advises on pre-let agreements, including contracts conditional on planning and / or substantial or minor works. Development Frequently advises developers on acquisitions or options over potential residential and commercial development sites, and landowners on disposals of their land for development. Secured Lending Assists lenders, both private and institutional, by investigating and reporting on a borrower’s title and obtaining security on commercial property, including land for development.

Simon Ralphs

Simon Ralphs is a partner in the commercial real estate team, advising on a broad range of commercial property transactions but with a well regarded specialism in the food and restaurant sector. Simon acts for institutional investors, large retailers, property funds, developers and landlords and tenants of all types and sizes. Simon has over 20 years of experience working in commercial property and is well known in both the London and Thames Valley areas. Simon is also well connected in the restaurant space with a detailed knowledge of restaurant leases and franchise arrangements. His passion for the food and restaurant sector has seen him support a range of clients, many of them, at the forefront of new developments in the sector. Experience Acquisitions and disposals Frequently advises on the sale and purchase of freehold and leasehold properties. On acquisitions this includes co-ordinating title investigation and due diligence in connection with the purchase all types of property investments, including multi-let buildings and sites. Development Regularly acts for landlords and tenants in negotiating agreements for lease with development obligations, including agreeing conditions on planning and construction. Investment and Property Management Providing clear advice on the terms of any existing leases and supporting documentation. In addition, ongoing management of client’s property assets, including negotiating and agreeing supplemental documents where required. Franchising With many years of experience in franchising including acting for a large restaurant operator preparing and agreeing franchise documentation to facilitate their ambitious franchising programme.

Stephen James

Stephen is partner in the construction team, advising on a broad range of disputes. With over 20 years’ experience and ranked band 1 in Chambers and Partners 2023, Stephen is able to minimise legal risk in a way that is cost-effective and is frequently recognised as a leading lawyer by legal guides, including Chambers and Legal 500. Stephen is Secretary of Constructing Excellence Berkshire. Experience Construction If a problem arises on a construction project, Stephen can help you resolve it. His expertise covers a wide range of disputes from interim and final accounts to extensions of time, defects and professional negligence. Clients include employers, developers, architects, contractors and specialist subcontractors. Stephen’s caseload spans adjudication references, arbitration, Part 7 and 8 litigation claims, mediation and expert determination. Insolvency Stephen is experienced in working with insolvency practitioners in all forms of insolvency procedures and a very wide range of applications. He also acts for individuals in bankruptcies and voluntary arrangements, as well as defending directors’ disqualification proceedings and wrongful trading claims. Injunctions Stephen has obtained and defended many injunctions, including the freezing of assets, preventing unlawful picketing, enforcing restrictive covenants and search orders. General advisory Stephen’s wide experience allows him to offer external and in-house training to clients on many construction related issues, as well as risk avoidance, directors’ duties and product liability.

Stuart Mullins

Stuart Mullins is a partner in the corporate and commercial team, and member of forburyTECH, a tech start-up advisory of Clarkslegal. Stuart has over 15 years’ experience providing corporate and business law advice to a wide range of businesses including start-ups, owner-managed businesses, SMEs and large listed corporates. His expertise includes advising clients on M&A, restructurings, insolvency, Employee Ownership Trusts to shareholder and partnership issues, and also advises on a wide range of commercial matters including licence and service agreements, charitable organisations and constitutions. Stuart acts for domestic and international businesses across a range of sectors, with particular expertise in the technology space. Experience Fundraising – angels, private equity, venture capital Stuart has extensive experience advising both investors and businesses in respect of all aspects of funding, including angel, and series fund raises. Business divorce Stuart advises both businesses and individuals in respect of shareholder and business owner disputes. Shareholders’ agreements and joint ventures Stuart advises on drafting partnership agreements, shareholder agreements and articles of association. Business and Corporate Structures Stuart advises clients on business and corporate structures; including de-mergers and re-organisations, Employee Ownership Trusts and sales and acquisitions. Insolvency & Restructuring Stuart advises on all aspects of non- contentious corporate insolvency with a particular focus on solvent liquidations along with experience in advising on directors duties and conduct. Shareholdings and Share Re-organisations Stuart advises on, share capital consolidations, buy backs, demergers, changes to rights attaching to shares and share classifications and rights issues.

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