Case Studies

  Dispute Resolution

Solicitor: Simon Arneaud

The Severals House Trust became a client of the firm following a recommendation from Mrs Tracey Chuter of Moundsmere Estate Management Limited. The Trust owns a freehold property, and on 01/08/2014 the Trust took on a new tenant who caused a great deal of expense and difficulty. Simon Arneaud, Viv Whiteaker and Julie McLatch were efficient, prompt and totally effective in the way they dealt with this problem. The tenant finally vacated the premises on the 31/03/2015, and the Trust found new tenants.

  Family

Solicitor: Ann Davies

Client: G and S

G and S took the difficult but necessary decision to separate. Both were adamant that they wanted to limit the financial and emotional cost. As parents, they were naturally anxious to ensure that they also did the right thing for the children. In addition, S was not particularly good with money matters so she wanted to make absolutely sure she had the right level of professional help to guide her through the process. G got the ball rolling by having an initial consultation with Ann Davies, a collaborative family solicitor at Lamb Brooks.

Ann identified that G and S’s circumstances were suitable for collaborative law, which G was enthusiastic about using and he suggested to S that they both use the process to try and resolve matters. The first four-way meeting, attended by G, S, Ann and S’s solicitors was an opportunity to discuss and identify G and S’s hopes, wishes and expectations of the outcome. Everyone agreed upon a timetable for commencing the divorce itself and the gathering of financial information in advance of the second meeting.

In the second meeting, G and S carefully considered and agreed upon a routine for how they would best share the future care of their children and continue to work together as co-parents. The third and fourth meetings focused on the financial needs of both parents and the children.

It was a poignant moment for G and S when a final agreement was reached in a quicker, cheaper and more dignified way than through the usual court process. And it felt all the better because G and S had been empowered by the collaborative process and they had come to a mutually acceptable outcome themselves, rather than one which had been imposed upon them by a complete stranger like a judge in a courtroom. Most importantly, as parents, G and S felt that they would be able to share the responsibility of the children in the future and communicate effectively with one another over the day-to-day arrangements, without the need for lawyers.


Solicitor: Laura Bell

Mr A and Mrs A have recently separated. Mrs A wishes to return to India to live with their son Ben. Mrs A takes hers and Ben’s passport and indicates to Mr A that she is due to imminently leave the country on a permanent basis with Ben. Mr A was not in agreement to this. Mr A sought legal advice and a "Port Alert" was issued. This prompted the police to prevent Mrs A leaving the country with Ben, without Mr A’s permission. A "Residence Order" was subsequently sought and ordered by the Court in Mr A’s favour in respect of Ben.

 

Mr B and Mrs B have recently separated. Mrs B wishes to relocate from Basingstoke to Newcastle with their children. Mr B objects to this. Mrs B sought legal advice which prompted an application to the Court for a "Specific Issue" and "Residence Order". This was granted in Mrs B’s favour, allowing her and the children to relocate. Provision was made for Mr B to have regular contact with the children.

 

Mr C and Mrs C have recently separated and are attended mediation, to try and reach a financial settlement without issuing financial proceedings through the Court.. Advice was provided to Mr C in respect of the agreement reached at mediation and this was drafted into a legally binding "Consent Order".

 

Mr D and Mrs D are going through divorce proceedings. A financial settlement could not be agreed between the parties or solicitors, and so proceedings were issued through the Court. The parties followed the Court "timetable" and exchanged financial disclosure. This contained detailed of their assets, including assets held outside of the UK. Within the proceedings the Judge provided an indication of what a "reasonable" settlement may be, and this encouraged the parties to reach a financial settlement. This was subsequently implemented into a legally binding "Consent Order".

  Personal Injury

Adviser: Sarah Lake

A recent survey of Unison Safety Representatives suggests that chemicals, solvents, dust, dermatitis and skin rashes are high on their list of hazards of concern at work. All employers are responsible for ensuring that suitable personal protective equipment is provided to employees who may be exposed to a risk to their health or safety while at work except where the risk is controlled adequately by other equally or more effective means. Employers must do more than simply have the equipment on their premises. They must have equipment readily available or provide clear instructions to their employees on how to obtain the equipment. Despite these regulations cases of avoidable exposure to hazardous substances in the work place are common. We were instructed to act on behalf of a client against his employer on a no-win, no-fee basis. Our client was suffering with dermatitis as a result of being exposed to kerosene at work. Sarah Lake, the Personal Injury specialist who handled the case, faced a robust denial of responsibility from the Defendant’s insurer. Lamb Brooks had to issue Court proceedings and make continued representations on behalf of its client to get the Defendant’s insurer to accept blame before the matter came to Trial. We secured damages of £7,500.00 for our Client and he was delighted with the outcome.

  Commercial

Client: Pervasive Networks

Leading Newbury-based secure networks provider, Pervasive Networks, acquired the business and certain assets of network security specialist, Assurix Limited (in Administration), in November 2012.Simon Arthur led the team at Lamb Brooks for Pervasive Networks. David Argent provided employment advice at very short notice. The key commercial drivers with an acquisition of this nature are to secure the interests of the target’s employees and preserve as far as possible existing arrangements with customers and suppliers and accordingly, having the ability to move quickly is of the utmost importance.

Client: Dinks and Dinks USA

Newbury-based Dinks and Dinks USA, wholesale suppliers of promotional bags and other items to, among others, Harrods and Macy’s, were both acquired by Bags of Potential Limited in October 2012. Simon Arthur led the team at Lamb Brooks for the sellers. Viv Whiteaker provided real property advice. It is very common for owner-managers to seek to secure the long-term interests of the employees and customers that have helped to grow the business. Using a fairly complex structure, the transaction achieved the sellers’ exit strategy while securing the long-term future of the business for its employees and customers.

Client: Siphon Networks Limited

Leading London-based unified communications provider, Siphon Networks Limited, acquired the entire issued share capital of Vcomm UK Limited from AIM traded Coms plc in December 2012. Simon Arthur led the team at Lamb Brooks for Siphon. Viv Whiteaker provided real property advice. Siphon is a fast-growing company in the IT sector and the ability to see and act quickly to seal an opportunity is a core attribute for any company with aspirations in that sector.

Client: Ecodapt Ltd

Newbury-based voltage optimisation specialist, Ecoadapt Limited, successfully raised new private equity and undertook an investor and board re-organisation in November 2012. Simon Arthur led the team at Lamb Brooks for Ecoadapt.

Client: Silk Road Leisure Ltd

Rapidly expanding Newbury-based bespoke football and netball kit suppliers, Silk Road Leisure Ltd., successfully raised new private equity and moved to larger premises in August 2012. Simon Arthur led the corporate finance team at Lamb Brooks for Silk Road Leisure. Real property advice was provided by Tom Rossiter.Silk Road Leisure has seen rapid growth since formation, partly due to its ability to source quality products at significantly reduced cost against market trends. In order to meet demand, a new warehouse facility was required and further investment was sought to fund that and its general working capital requirements. With the help of Lamb Brooks, investment was secured from its product manufacturer based in China and the move to new premises completed in time for the company’s peak order period.

  Employment

Client: Pervasive Networks

Leading Newbury-based secure networks provider, Pervasive Networks, acquired the business and certain assets of network security specialist, Assurix Limited (in Administration), in November 2012.Simon Arthur led the team at Lamb Brooks for Pervasive Networks. David Argent provided employment advice at very short notice. The key commercial drivers with an acquisition of this nature are to secure the interests of the target’s employees and preserve as far as possible existing arrangements with customers and suppliers and accordingly, having the ability to move quickly is of the utmost importance.

  Commercial Property

Solicitor: Viv Whiteaker

Client: Dinks and Dinks USA

Newbury-based Dinks and Dinks USA, wholesale suppliers of promotional bags and other items to, among others, Harrods and Macy’s, were both acquired by Bags of Potential Limited in October 2012. Simon Arthur led the team at Lamb Brooks for the sellers. Viv Whiteaker provided real property advice. It is very common for owner-managers to seek to secure the long-term interests of the employees and customers that have helped to grow the business. Using a fairly complex structure, the transaction achieved the sellers’ exit strategy while securing the long-term future of the business for its employees and customers.

Client: Siphon Networks Limited

Leading London-based unified communications provider, Siphon Networks Limited, acquired the entire issued share capital of Vcomm UK Limited from AIM traded Coms plc in December 2012. Simon Arthur led the team at Lamb Brooks for Siphon. Viv Whiteaker provided real property advice. Siphon is a fast-growing company in the IT sector and the ability to see and act quickly to seal an opportunity is a core attribute for any company with aspirations in that sector.


Solicitor: Tom Rossiter

Client: Silk Road Leisure Ltd

Rapidly expanding Newbury-based bespoke football and netball kit suppliers, Silk Road Leisure Ltd., successfully raised new private equity and moved to larger premises in August 2012. Simon Arthur led the corporate finance team at Lamb Brooks for Silk Road Leisure. Real property advice was provided by Tom Rossiter.

Silk Road Leisure has seen rapid growth since formation, partly due to its ability to source quality products at significantly reduced cost against market trends. In order to meet demand, a new warehouse facility was required and further investment was sought to fund that and its general working capital requirements. With the help of Lamb Brooks, investment was secured from its product manufacturer based in China and the move to new premises completed in time for the company’s peak order period.