Services for the Commercial Sector
Corporate
Swinburne Maddison has a vast amount of experience within the corporate sector and the ability to focus a personal service around understanding your needs and objectives.
Swinburne Maddison is able to provide structured and clear advice in relation to all areas of corporate practice. Experience includes providing advice and assisting in the structuring of mergers, acquisitions and disposals, management buy-outs and buy-ins, the sale of a business as a going concern, venture capital, share issue and transfer, shareholders’ agreements, joint ventures and corporate restructuring and governance.
By listening to your requirements closely and focussing on your particular circumstances and business objectives we aim to provide an efficient and tailored service, delivered in a transparent manner, which is easy to follow and understand. We look to establish the driving factor of the particular deal providing a solution based around this key requirement.
In addition to general corporate company services, we are able to offer advice to all business entities including partnerships and their constitution and operation, sole traders and all other forms of joint venture. We are positioned to advise individuals on their role within their organisation, including the roles and duties of company directors and secretaries.
In circumstances where disagreements arise within the corporate sphere, we can provide guidance in respect of disputes that may arise between shareholders or partners and the remedies available. Hopefully, by discussing potential issues with us at the outset of the venture, the possibility of any such disputes arising may be minimised by putting the appropriate safeguards in place.
Corporate Finance and Security
The team is able to deal with a wide variety of corporate finance and security issues. By liasing with members of other departments, Swinburne Maddison is able to advise on all aspects of borrowing in all spheres whether mergers and acquisitions, property and development/construction finance and asset finance as well as other common day to day initiatives such as factoring.
The team can offer advice to both lenders and borrowers on the particular implications of proceeding with certain security ensuring that the interests of the relevant party are fully protected and secured.
By adopting a pragmatic, business-orientated approach Swinburne Maddison can offer a comprehensive personal service assisting with the structuring of any finance requirements ensuring that provisions are in place complying with your business requirements and all other associated issues. Through the use of our services we aim to ensure you have a smooth informative experience.
Commercial
Whether working within the public or private sector and whatever structure your business takes you will require advice on many topics and Swinburne Maddison is here to provide need-driven, clear advice, whether in relation to the preparation of contractual documentation or the review of standard terms and conditions of sale.
Through our tailored service we aim to consider your business requirements and structure our advice to ensure that all potential pit-falls and issues are dealt with in advance, thereby avoiding future disputes.
In circumstances where such disputes do arise, Swinburne Maddison is positioned to advise fully on the options available and the means to resolve a disagreement, whether by way of settlement, court proceedings or some other form of alternative dispute resolution procedure.
By working closely with other departments within the firm, the commercial team provides a comprehensive service dealing specifically with all contractual issues arising as well as any associated matters specific to the matter in hand.
Particular experience includes the negotiation and preparation of procurement documentation, outsourcing agreements (both within the sphere of IT and other general operational issues), standard terms and conditions of sale, agency agreements, distribution agreements, service level agreements and vesting certificates, as well as many more.
As with all areas of our service we look to pay specific attention to your requirements and the circumstances particular to your arrangement to provide tailored advice and services which can be utilised by your organisation in an efficient and practical manner. We do not look to supply documentation without first considering whether the same can be implemented to operate in tandem with your existing commercial practices.
Within all industries it is important to recognise the issues arising from the management, use and protection of intellectual property rights both in contentious and non-contentious scenarios. Efficient commercial operation requires continuous consideration of the application of intellectual property rights in respect of both stand-alone exploitation issues and in the context of other associated business matters, such as corporate re-organisation, mergers and acquisitions and assets disposals.
We are able to offer advice in respect of all spheres of intellectual property including patents, copyright, design rights, registered designs, trademarks, database rights, trade secrets and confidentiality.
Public Sector (Local Government/Registered Social Landlords/Housing Associations)
Swinburne Maddison considers public sector work as being a significant and growing part of its business. The relationship between the public and private sector is continuously developing with current emphasis now on working in partnership, with the private sector providing added value through Private Finance Initiatives (PFI), Public Private Partnership (PPP) and other forms of joint venture working.
Swinburne Maddison’s public sector team works on a cross-departmental basis and is able to advise on all issues encountered by organisations operating within the public sector.
Our services include the acquisition and disposal of land, property site assembly development work contracts, commercial agreements, Service Level Agreements and Outsourcing (both in the realm and IT and other facilities), planning and highways, landlord and tenants matters, litigation, debt recovery, employment, company advice and corporate governance.
A number of lawyers within the public sector team have a local authority background and are able to bring an invaluable insiders perspective to the way in we approach our local authority, registered social landlord and housing association clients. By listening to your specific requirements and tailoring our advice accordingly we aim to provide a comprehensive multi-disciplinary service.
Please refer to our other practice areas for more information of the services we are able to offer to public sector clients within the commercial sphere.
Employment/Human Resources
Our team endeavours to provide advice to organisations both of a public and private nature on all aspects of employment law.
Employment law is one of the most rapidly developing areas of law. All organisation responsible for the employment of others should ensure that they are abreast of such developments and we are positioned to provide such guidance and advice.
In respect of all issues arising from the employment sphere, from recruitment, training, appraisals, grievance and disciplinary hearings, dismissals and redundancy, Swinburne Maddison can advise on issues arising within the Human Resources sector of your organisation.
Through the provision of proactive business advice we aim to reduce your organisation’s exposure to potential claims and disputes and assist you in building a strong working relationship with your staff. Simple steps that can be taken are, for example, putting in place procedures to ensure Contracts of Employment, Staff Handbooks and Internal Policies are regularly updated. We are able to assist fully in this regard.
In circumstances where disputes do arise the team has a vast amount of experience before the Employment Tribunals and can assist in providing informative advice to guide you through the process.
By working closely with other departments in the firm the employment team can advise fully on issues associated with other corporate matters including mergers and acquisitions, business sales and the TUPE implications that arise as a result.
Construction & Engineering
Swinburne Maddison is positioned to provide advice across all areas of construction and engineering in both commercial matters and dispute resolution. Experience includes providing advice to developers (both public and private), contractors, sub-contractors and consultants on all commercial aspects including project procurement, adjudication, ADR, arbitration, CDM regulations, claims and contract advice, collateral warranties, construction contracts, development agreements, consultant appointments, defects claims, development projects, dispute resolution, energy and renewables, litigation, loss and expense claims, performance bonds and guarantees and public sector projects.
We recognise the need to understand your business and objectives and tailor our advice in order to deliver a service reflective of your specific requirements. By understanding your role within the project we are able to provide legal services which will meet your high expectations.
Swinburne Maddison has had experience and provided advice in relation to a number of high profile development projects within the North East region and elsewhere.
Swinburne Maddison provides a multi-disciplined approach to your instructions, considering all aspects and ultimately all issues associated with a project from start to finish.
Planning
Swinburne Maddison’s provides advice and support in relation to a range of contentious and non-contentious matters on all aspects of planning and associated issues.
Our services include planning and development work, commercial development and residential estate development, advice on compulsory purchase orders, highway law advice and assistance, environmental and contaminated land advice together with general planning advice on all matters such as planning agreements, planning appeals and enquiries, planning enforcement and listed building and conservation area advice.
With an emphasis on providing our clients with a multi-disciplined approach to planning work we feel able to provide a fully integrated service.
Commercial Dispute Resolution
The essence of commercial dispute resolution is ensuring that disputes are resolved as cost-effectively and as quickly as possible, ensuring the minimum level of interruption upon business operation.
Commercial litigation can be extremely time consuming and often results in significant losses in respect of operational management time.
The dispute resolutions team at Swinburne Maddison aims to discuss with you at the very outset of any dispute your ultimate objectives and expectations and, by considering the commercial circumstances, advise you on the most appropriate course of action and the options available, which may include settlement, alternative dispute resolution procedures or proceeding to trial. We look to assist you in considering all of the relevant factors, which may include ongoing business relations, the type of dispute and all other surrounding commercial issues.
The manner in which disputes are resolved by the Court has changed dramatically over recent time, with much greater emphasis being placed upon pre-trial negotiation. With lawyers skilled in this particular area of practice, the team can deliver an effective proactive service achieving the most cost-effective result available to your organisation.
By continuously discussing with you the merits of the claim and issues in dispute as the matter progresses we will constantly look to assess your position ensuring that the most successful result possible is achieved by advising you of the various options available and exploiting the relevant strengths of your claim or defence.
Licensing
Recent legislation has created major changes in licensing and has placed responsibility on Local Authorities as licensing authorities to licence all activities involved in the sale by retail of alcohol, the supply of alcohol in clubs, the provisions of regulated entertainment and the provisions of late night refreshment. Each Local Authority must have its own Licensing Policy which therefore can vary from area to area, causing the legislation to become complex and unclear.
With close links to the regional local authorities we can advise fully on the tailored provisions applied and apply our close working relationships with the various authorities to the benefit of our client.
Swinburne Maddison has a vast amount of experience within this sector and is positioned to provide advice to businesses on the various implications and pitfalls. By discussing matters with our team in advance we can look to assist you in achieving you objectives and maximising the provisions of the legislation to your advantage.
Whilst highly equipped and positioned to strongly advice businesses on the impact of the legislation and the steps to be undertaken to secure the relevant licenses required, the team can also effectively advise local residents on the implications of the role they may have in the determination and appeal process.
Corporate Insolvency and Recovery
Swinburne Maddison can advise on all aspects of corporate insolvency and recovery considering the financial circumstances particular to each individual business.
The team is able to advise on all issues surrounding Winding-Up Petitions and Statutory Demands, disqualification of directors, the position of creditors (whether secured, preferential or ordinary) and their options available in respect of any insolvency action.
Swinburne Maddison is positioned to discuss with you what is often a sensitive and discrete subject and deliver a service which will allow you to assess the options available and make an informed choice.
Swinburne Maddison also advises insolvency practitioner on their role within the insolvency process.
Commercial Landlord and Tenant
Swinburne Maddison’s commercial property team is able to advise on all aspects of the Landlord and Tenant relationship and the associated issues that may arise.
With extensive experience in the field of commercial Landlord and Tenant matters, the property team can advise on all common aspects as well as more particular and complicated transactions.
With experience in dealing with commercial property of all varieties including industrial, office, corporate, distribution, leisure, retail and development, the property team is positioned to provide comprehensive advice in conjunction with members from other departments including, property litigation, planning, construction and engineering and public sector, ensuring an all round tailored service is supplied.
Whether the matter concerns the grant of a new lease, the acquisition or disposal of leasehold premises, lease renewals, rent reviews, lease surrenders and termination (forfeiture), claims for dilapidations, arrears of rent and breach of covenant, the team can advise on all aspects and assist in ensuring that you fully understand the steps to be undertaken and options available.
The law relating to the Landlord and Tenant relationship is extremely technical and the regulations relating to it must be strictly observed if your interests are to be best protected.
By liasing closely with the property development and corporate teams at Swinburne Maddison, we can guide you thorough the implications of establishing a Management Company and Service Charge/Rent Charge arrangements in respect of both residential and commercial developments.
Commercial Property
Site Acquisition and Disposal
Experienced in dealing with the intricacies often involved in the sphere of site acquisition and disposal, Swinburne Maddison’s specialist team of property lawyers aims to provide transparent guidance to clients and highlight all potential problems and issues arising from a particular transaction in order that such points can be discussed both from a legal and commercial perspective.
Whether dealing with office, industrial, retail, leisure or industrial premises, we are able to advise on all aspects of the transaction and tailor our service to fit with your commercial requirements.
Swinburne Maddison has dealt with some of the largest developments in the region and the team is able to handle and provide guidance on the most complicated land transactions.
By providing an informative and comprehensive service at the outset of any transaction during the acquisition process, we aim to supply you with as much information as possible in order that you may take your project forward in the comfort and knowledge that you are aware of all potential issues to be accommodated and dealt with during the remainder of the development.
With experience in both the public and private sector, we recognise the varying requirements and concerns of different organisations. As well as ensuring that the base level of protection is there, we go further and listen to your views and take into account the issues particular to your organisation.
In contrast, Swinburne Maddison is also able to advise private individuals on site disposals for development purposes. With expertise and experience in dealing with both sides of the transaction, the property team can provide detailed advice and address all issues in order to fully protect your position when disposing of land to a regional or national developer. By maintaining a competitive edge, the firm can provide a cost-effective service, whilst ensuring that your position is fully protected.
Development
Swinburne Maddison’s team of property lawyers has the experience and knowledge to deal with property developments of all sizes, complexity and nature.
The projects which the team have advised upon consist of some of the largest developments within the North East region. The complexities involved in managing a project through the development stage can often be fraught with unforeseen difficulties. By providing an efficient and responsive service, the team is able to assist with any emerging circumstances and guide you through the legal complexities arising, avoiding and preventing interference with your commercial operations and, ultimately, completion of the project.
Working closely with other departments within the firm, the commercial property team is able to provide a multi-disciplined service and proactively respond to your concerns and business requirements.
Regeneration
With experience within both the public and private sector, the commercial property team can advise on all aspects of property regeneration.
Property regeneration commonly evolves from public sector support, usually taking the form of a joint venture arrangement. Through close contact with other specialist departments within the firm, we can deliver an experienced approach, adopting the skills required to assist in the successful completion of the project as a whole.
By providing you with a main point of contact, who will have overall responsibility for the services provided, we are able to deliver a personal service, whilst also ensuring that the skills are in place to ensure a high level of skill in the delivery of our services.
Projects - Private Finance Initiative/Public Private Partnership
Working closely in tandem with the regeneration aspect of our commercial property service, the team is able to advise on PFI/PPP projects and all other forms of joint venture.
With experience in understanding the varying ways in which both public and private sector organisations operate, the commercial property team, in conjunction with other departments, is able to provide a tailored service recognising the needs of both parties and advising you of the most effective and efficient means of moving forward.
Recognising the importance in forging what is essentially a partnership, the team aims to provide a proactive service and eliminate all potential issues, which could potentially lead to future disputes, by ensuring that the appropriate safeguards are put in place and the complexities which may result in disagreement, dealt with in full at the outset.
By considering the practical nature in which the two organisations involved in the venture operate and with experience in both public and corporate sector work, we can assist in the smooth delivery of a structure and a practical workable legal framework.
Finance
With the ability to advise both Lenders and Borrowers in the sphere of real estate finance, we can offer a pragmatic and detailed service.
With focus upon the impact of the particular project as a whole, we can provide complete advice and guidance on all aspects of real estate finance, whether associated with acquisition finance, development or re-financing for the purposes of raising capital.
The commercial bespoke service we provide is flexible in the sense that we can recognise your organisations needs and the manner in which you operate and look to deliver our services in a manner which will best suit your means of operation.
We recognise that speed is often a crucial factor in transactions and we aim to deliver an efficient and swift service ensuring that your commercial requirements are met without undermining the quality and scope of the service provided.
Property Investment
With experience in all aspects of property investment work, the team, together with other departments, is able to provide a well-rounded comprehensive service to property investors of all sizes.
With existing clients ranging from large public organisations investing in commercial real estate to private clients building a property investment portfolio in residential, retail, industrial, leisure and agricultural premises, we are positioned to provide advice on all aspects of the transaction, including site investigation, acquisition, disposal and finance.
With experience in dealing with both freehold and leasehold premises, we are able to provide ancillary services over and above acquisition and disposals, including preparation of tenancy documentation, rent review management and general estate management.
The firm also has experience in dealing with Self-Investment Personal Pensions (SIPPs).
Housebuilding
Swinburne Maddison has a comprehensive team positioned to deal with all aspects of housebuilding.
With experience acting on behalf of several regional housebuilders on various aspects from site investigation, acquisition and disposal of the individual units, we are able to provide a pro-active, cost-effective service providing detailed guidance throughout the project.
By working closely with other departments, the team is able to offer a comprehensive service on all aspects, including planning, environmental issues, development, regeneration and PFI and PPP developments.
The team has particular experience dealing with project financing, site acquisition, adoption agreements, joint ventures, management companies and plot sales (including advising on issues regarding HIPs and part-exchange sales).
Property Litigation
At Swinburne Maddison we have recognised the growing importance of establishing a team of lawyers qualified to deal particularly with all disputes arising within the property sector. With experience acting for large scale developers in the sphere of both commercial, industrial and residential projects our property litigation team can work with the property development team to ensure all potential pitfalls and disputes are avoided, resulting in extensive cost savings.
In the same manner as the general commercial dispute resolution team, the property litigation team is positioned to provide comprehensive, specialist advice to best achieve your commercial objectives. With specific experience in dealing with property issues, the team is well placed to advise you of the particular merits and strengths of your claim or deference. With a well-rounded extensive knowledge of the subject in which they operate the property litigation team can add value to the services provided by considering all of the angles and issues that may arise from a property dispute.
We aim to provide you with a main point of contact that can assist with all aspects of the dispute, whether relating to the proceedings adopted to resolve the matter or the factual and legal content of the property issues arising thus ensuring that a personal service is provided and maintained at all times.
Private Prosecutions
Swinburne Maddison has the ability to provide a wide spectrum of services in the field of private prosecutions.
As well as acting in respect of Agency prosecutions for the Department of Work and Pensions and Child Support Agency, the firm represents various Local Authorities in prosecutions for fraud.
We are able to provide a specific service tailored to fit with your in house processes. We will meet with you to discuss your needs and requirements. The extent of the assistance we provide depending on the individual client. We represent your interests dealing with proceedings from the drafting of the Summons to conduct of the trial, whether this be in the Magistrates or Crown Court.
Charities
Swinburne Maddison has experience in dealing with charities of various forms, established for various charitable purposes, both incorporated and charities established by Trust Deed.
The team can advise on various aspects including formation, management and operational issues and dissolution. Working closely with both the corporate department and the trust section of the wealth management team, the firm has a broad range of skills, knowledge and experience and is capable of providing comprehensive advice on all aspects of charitable law.
As well as experience advising charitable organisations on aspects of their status, the team can also offer guidance to trustees and directors appointed to oversee the operation of the organisation, providing direction on the roles and the responsibilities accruing.
Debt Recovery
With experience in managing both single and volume debt recovery matters, the team is positioned to assist and provide a cost-effective service in the sphere of debt recovery.
By looking to provide a service that fits with your in-house procedures and requirements, we provide a legal service over and above that of debt recovery agencies, tailored to meet with your organisation’s needs.
Whether large complex claims or standard day-to-day debt recovery, we are placed to assist you in putting in place the appropriate protection methods.
We would be pleased to assist at any stage of the matter and would be prepared to discuss with you your internal recovery mechanisms to minimise disruption to your organisation and improve cash flow.
From the initial stages of the matter and the issue of a claim letter, to recovery of the debt through the enforcement of judgement, we provide an efficient cost-effective service upon which you can depend.