The Great Freeze: the effect of EU sanctions on EU trusts – Maryam Oghanna writes for Private Client Business
27 July 2022
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Contentious Trusts and Estates Senior Associate, Maryam Oghanna, together with Richard Dew of Ten Old Square, have authored an article for Private Client Business on the effect of EU sanctions on trusts with a connection to Russian nationals.
In their article, Maryam and Richard consider the fifth and sixth package of sanctions adopted by the Council of the EU, which prohibited the provision of trust services to any trust with a “Russian connection”, and the impact that they have had on affected trust and service providers.
The full article can be read here, behind the paywall.
Richard Dew and Maryam Oghanna, ‘The great freeze: the effect of EU sanctions on EU trusts’, Private Client Business 2022, 4, 117-123
Depth and diversification will drive logistics growth – Victoria Towers writes for React News
27 July 2022
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The emergence of a new sub-sector of alternative uses is providing opportunities for investors and developers.
Commercial Real Estate Partner and Co-Head of Logistics, Victoria Towers, has guest written for React News on the rapid growth of the industrial and logistics market, resulting from changes in consumer behaviour thanks to the pandemic, the adoption of new technology, and the inexorable rise of e-commerce.
Contrary to popular belief that Amazon’s apparent reining in of its growing property requirements would curtail market growth, recent research from CBRE demonstrates a 10% growth in take-up of warehouse space between the first half of this year and last, alongside a UK vacancy rate of 1.2% – a new record low.
Towers describes how such growth and confidence in the sector can be attributed to the diversity across its occupier base. Production and distribution, life sciences, and light industry are all sectors worth mentioning, whilst “data centres have [also] become critical pieces of national infrastructure, required to store and process the data by the move to cloud-based computing.”
The lack of supply and high interest in this sector will continue to fuel the meteoric rise of the industrials and logistics market, and the diversification of the occupier base means that the pace of this growth may yet accelerate further. Landlords and developers must be forward-thinking and quick-moving in order to flourish and meet this growing demand from uses which will, over time, emerge from the alternative to the mainstream class.
This article originally appeared in React News on 21 July 2022, available here behind their paywall.
Forsters, the leading London real estate and private wealth law firm, announces today that it has elected Natasha Rees as its new Senior Partner from 1 September 2022.
Today’s announcement follows the recent news that Forsters is to move to new HQ premises at 22 Baker Street in the heart of Marylebone in late 2023, coinciding with the firm’s 25th Anniversary.
Natasha Rees joined Forsters from Pinsent Masons in 2001 and became a Partner in 2008. Until March this year Natasha was Head of the Property Litigation team and is widely recognised as a leader in this field – particularly in the area of residential disputes and leasehold enfranchisement. She is profiled in the current edition of Chambers UK, has featured in The Lawyer ‘Hot 100’ (2018) and is ranked in The Legal 500, where she is included in its Hall of Fame.
Natasha takes over as Senior Partner from Smita Edwards, who has led the firm through a period of sustained growth and success during her eight-year term of office. Smita is one of the founding Partners of Forsters and was Head of the Commercial Real Estate team from 1998 until 2003. She is one of the UK’s pre-eminent real estate lawyers, who maintains a Band 1 ranking in the latest edition of Chambers UK. From September she will return to full time practice and to her diverse client base, which includes leading real estate investors, funders and developers.
In addition to the new office announcement, Forsters has recently promoted six Senior Associates to Partner and four to Counsel. This is the single largest round of promotions that the firm has recorded in its 24-year history. Forsters now has 65 Partners and 420 other members of staff.
Forsters’ Senior Partner-Elect, Natasha Rees, said: “It is one of the greatest honours of my career to be elected Senior Partner of such a wonderful firm. Through her visionary leadership, Smita leaves an outstanding legacy at Forsters and it is great news for our clients that she will continue to practise with us. I want to thank her on behalf of the whole firm for being such an inspirational leader.”
Forsters’ Senior Partner, Smita Edwards, said: “It has been a huge privilege to serve as Senior Partner for two terms and I am delighted that Natasha has been elected as my successor. She will bring experience, passion and energy to the role and has an inherent understanding of the special qualities which set Forsters apart, particularly our collegiate working culture.”
Forsters’ Managing Partner, Emily Exton, said: “I have enjoyed a great working relationship with Smita over the past two years and I look forward to working closely with Natasha. We are a diverse, inclusive and ambitious firm with fantastic clients and I am confident that Smita’s legacy as a founding Partner of Forsters and an outstanding Senior Partner will continue as she passes the baton to Natasha.”
Leading family lawyers on the future of divorce: Jo Edwards talks to Spear’s
22 July 2022
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Head of Family, Jo Edwards, among leading divorce and family lawyers sharing their thoughts with Spear’s Magazine on the evolution and future of the family law profession.
The Q&A, entitled ‘Leading family lawyers on the future of divorce’, brought together top family lawyers to share their thoughts on how the profession has changed and where it is headed next.
Jo spoke about her experience as a mediator working with high net worth clients, the shift away from clients thinking that litigation is the only way to resolve disagreements on divorce or separation, and the growing prevalence of nuptial agreements.
The Awards are a staple in the legal calendar, recognising a law firm’s pre-eminence in their field. They reflect achievements including outstanding work on high net worth matters, strategic growth and excellence in client service.
On the win, Head of Residential Property, Lucy Barber, commented: “We are so proud to have won Residential Property Team of the Year. Our aim is always to ensure that our clients receive expert advice, whilst feeling supported and assured that their matters are being dealt with efficiently – the team’s technical expertise and collegiate, friendly culture makes this possible. Congratulations to my wonderful colleagues.”
Over the past 12 months, Forsters’ Residential Property team have achieved a Tier 1 ranking in the Legal 500 UK Guide, Band 1 ranking in the Chambers HNW Guide, listings in the Spear’s Property Advisors Index as Top Flight and Recommended lawyers, ‘Highly Commended’ at the RESI Awards and a win at the Enfranchisement & Right to Manage Awards for ‘Solicitors Firm of the Year’.
The full list of Chambers High Net Worth Award winners can be found here.
For further information on how Forsters can assist you with high net worth residential property matters, please visit our hub or contact a member of the team.
The index highlights the best landed estates lawyers for high net worth individuals who excel in advising on issues ranging from tax to succession planning, residential development to diversification, as well as the overall management of an estate.
With seven listed lawyers, Forsters is the firm with the greatest number of advisers ranked in the 2022 Index. The recognition consolidates Forsters’ long-standing reputation as one of the leading Rural Land and Business teams in the country. The team are also ranked in Tier 1 for Agriculture and Estates by the Legal 500 and in Band 1 for Agriculture & Rural Affairs by Chambers and Partners.
Divided We Plan: Alastair Laing and James Hamilton write for STEP Journal Plus
20 July 2022
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Partner, Alastair Laing, and Associate, James Hamilton, both in our Corporate department, have authored an article for the STEP Journal Plus entitled ‘Divided We Plan’.
In their article, Alastair and James outline the considerations for succession planning and the division of wealth in family offices.
The article highlights that a vast amount of generational wealth is predicted to be passed down over the next 25 years and includes an in-depth review of details regarding the structuring of assets through generations, the complicated nature that may occur regarding the division of assets, private equity fund investments, property matters and disparities in value.
The index features the top advisers, which are selected by the source of peer nominations, client feedback, telephone and face-to face interviews, data supplied by firms, as well as information gathered by the Spear’s editorial and research teams.
The Ties that Bind: Roberta Harvey and Rory Carter write for STEP on privity of interest and its implications for enforcement of judgments in foreign jurisdictions.
15 July 2022
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Head of Contentious Trusts and Estates, Roberta Harvey, and Contentious Trusts and Estates Associate, Rory Carter, have authored an article for the STEP Trust Quarterly Review magazine entitled ‘The Ties that Bind’.
In their article, Roberta and Rory review the Mezhprom v Lenux judgment on privity of interest binding trustees in foreign jurisdictions. The article includes:
Background of the Mezhprom v Lenux ruling and application of Rules 43 and 48 of Dicey, Morris & Collins.
Consideration of the estoppel of privity of interest where a judgment against a defendant in one capacity binds him in another capacity, contrasted with where a non-party is bound by a judgment.
Examination of the further complication caused by firewall provisions, the risks to trustees not protected by firewall legislation, and some of the practical issues that arise.
Nine-month warning: Are you ready for looming climate rules?
14 July 2022
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Commercial Real Estate Senior Associate, Edward Glass, speaks to PlaceTech about what exactly landlords need to know about Minimum Energy Efficiency Standards (MEES) and how they can prepare for the April 2023 “crunch point” as a ban on continuing to let commercial buildings with poor energy ratings comes into effect.
Current MEES regulations prevent landlord from granting new leases for commercial real estate (CRE) spaces with an EPC rating below E. Next April, however, this ban will extend to existing leases (and by 2030, the ban is expected to extend to all properties with an EPC rating of below B; currently thought to be 85% of the UK’s CRE space).
Exemptions aside, there will be penalties for non-compliance – monetary and reputational – which inevitably has landlords worried.
As this “crunch point” approaches, and legislative thresholds are set to ramp up, Glass’s key advice for landlords is a must read.
You can read the article in full here, on the PlaceTech website.
Ed is a Senior Associate in the Commercial Real Estate team, with a specialism in ESG matters.
An English appeals court put multinational corporations on notice that they can be held accountable for worldwide operations by reviving a massive class action over dam failures in Brazil, signaling that the country’s courts should not shy away from handling mass claims regardless of where the underlying events took place.
Harbord said this summary “will no doubt cast fear into the hearts of multinationals who use complex group structuring over multiple jurisdictions.”
The article was first published on Law360 UK on 13 July 2022, and is available to read in full here, behind the paywall.
Chambers HNW Guide 2022: New rankings and continued recognition for our Private Wealth practice
14 July 2022
News
The Chambers HNW Guide 2022 continues to recognise Forsters as a leading and top ranked Private Wealth law firm. The Guide is seen as the definitive authority for best-in-class law firms, ranking the leading professional advisors to the Private Wealth market.
Forsters is delighted to report that as well as maintaining our Top Band status in Private Wealth Law, the firm’s high net worth Residential Property team has been elevated to Band 1, our Art and Cultural Property team has been elevated to Band 2 and the Family team has been recognised in the inaugural Family/Matrimonial: Ultra High Net Worth table.
This year the HNW Guide ranks 22 lawyers. Our ‘foreign experts’ in Singapore and United Arab Emirates continue to be acknowledged, alongside our Family team’s mediation practice with Joanne Edwards’ inclusion in the Spotlight Table for Family/Matrimonial: Mediators.
Ranked Lawyers: Nick Jacob, Anthony Thompson, Daniel Ugur, Xavier Nicholas (newly ranked), Carole Cook, Catherine Hill, Kelly Noel-Smith, Emma Gillies and Charlotte Evans-Tipping
Chambers notes: Forsters are “a leading private wealth law firm,” states a source. A commentator adds: “They’re a wonderful firm. They are very strong on landed estates and UK property.”
The firm has wide-ranging expertise in matters such as tax, succession and business planning as well as cross-border and international issues. “The quality and timeliness of their advice is first class,” says an observer.
Ranked Lawyers: Lucy Barber (elevated to Band 2), Helen Marsh, Robert Barham and Charles Mieville
Chambers notes: Forsters’ Residential Property team is well regarded and recognised by market commentators for its work on prime property transactions.
“Forsters have an excellent variety of skilled team members,” a source remarks.
An interviewee enthuses: “The team is always exceptionally responsive no matter the day or time. I have had calls on the weekends and late evenings answered,” adding that: “Excellent communication is the hallmark of handling complex and sophisticated matters – the team at Forsters have been exceptional for me in this.”
Ranked Lawyers: Roberta Harvey (elevated to Band 1), Emily Exton, Alison Meek and Ashleigh Carr (newly ranked in the Associates to Watch category)
Chambers notes: Forsters’ specialist contentious trusts and estates lawyers represent various clients globally in private wealth disputes. Mandates often relate to administration issues, will challenges and breach of trust claims. A peer recognises the firm’s consistent progress as “a coming force” in the market.
Sources appreciate the combination of bench strength and client care at the firm. “They have the depth and numbers to deal with exhausting and hard-fought litigation matters over a long period,” says an interviewee. Another source hails the firm’s “wide range of supporting staff, all of whom have the same caring and intelligent approach to clients.”
Ranked Lawyers: Catherine Hill (newly ranked) and Laura Neal (newly ranked in the Associates to Watch category)
Chambers notes: The Art and Cultural Property practice at Forsters brings together lawyers from across the firm. It regularly advises collectors, galleries and auction houses, and is particularly notable for handling estate planning and commercial matters for living artists.
Sources highlight in particular their positive experiences working with the firm’s lawyers. “They are efficient, quick and very good for their clients. They are very approachable and personable. I like them. Not only are they a good firm but their people are very likeable,” says a interviewee.
Another commentator says: “I can’t fault them. They are extremely thorough and approachable, detail-focused and supportive. We enjoy working with them and wouldn’t hesitate to recommend them to anyone.”
Ranked Lawyers: Joanne Edwards, Rosie Schumm, Simon Blain and Dickon Ceadel
Chambers notes: Forsters advises wealthy clients on a wide array of matters in family law such as divorce, financial remedy proceedings and Children Act cases. An interviewee says: “They are one of the best family law teams in the country.”
“They take a very pragmatic and collaborative approach to matters,” states a source.
A commentator adds: “They are a real comforting presence to have on a case; they have an air of confidence and calm.”
Renters’ Reform Bill: A ‘New Deal’ for Residential Tenants
6 July 2022
Views
Property Litigation Partner, Natasha Rees, and Associate, Elizabeth Oxendale, consider the Government’s long awaited White Paper published on 16 June, which sets out the 12 point action plan to reform the private rented sector.
While there is currently no indication of when the Bill will become law, it is set to introduce changes which will fundamentally overhaul the existing basis of the Private Rented Sector.
Rosie Schumm to speak at the Private Client Forum Americas 2022
6 July 2022
News
Family partner, Rosie Schumm, will be speaking at the Private Client Forum Americas 2022.
The three day event, taking place in Mexico on 13 – 15 July, will bring together the most senior and elite advisors to high and ultra high net worth individuals to discuss the most timely and concerning issues across the Americas, with an outlook on the rest of the world.
Rosie will be co-presenting the session ‘Alternative Families, Where Are They Now?’ alongside Gretchen Schumann of Schumann and Partners, Gretel Ciniglio de Pérez of Fabrega Molino and Sergio Michelson of Brigard & Urrutia.
Further details about the conference can be found here.
Where have all the good sheds gone… – Victoria Towers writes for Logistics Manager
6 July 2022
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You can’t find a good shed these days for what seems like love nor money – is this going to be the new ‘normal’?
Industrials & Logistics Partner, Victoria Towers, has provided expert commentary to Logistics Manager magazine on the growing supply-demand imbalance of warehouse space and the unsurprising increase in rent levels, highlighting that “we are still in a landlord’s market.”
As a result, speculative space is frequently being let during construction, prior to practical completion.
Towers adds that “with demand still very much outweighing supply, occupiers are also accepting longer leases and thought is being given to rent reviews. Rather than open market rent reviews, developers and landlords are looking at CPI rent reviews, and this is being accepted by tenants.”
The article summarises that due to inefficiencies within councils in relation to planning approvals for new developments, developers and investors are essentially taking a lottery ticket when it comes to getting their planning application approved, regardless of their scale of investment or prior experience with the system.
This article first appeared in the July 2022 edition of Logistics Manager magazine, it is available here.
Making wine is expensive. You need the land, the labour and specialist plant and machinery plus long-term capital to support expansion and maintenance. It takes five to ten years for a new vineyard to start selling wine so sufficient capital will be needed in the early years.
Where that money comes from is important. Are you borrowing it? From whom? What is the loan secured on? A range of assets can be used for security, not just land itself; some require more bespoke financing than others. The right finance can make a huge difference to the amount you can borrow, the interest you pay and how much flexibility you have over the operation of the business.
Generally, land is the easiest asset to secure and, in recent years, money has been reasonably cheap. However, high street lenders will not usually lend against agricultural property, meaning you need to approach the handful of specialist lenders in this area. Larger and more established vineyards with a trading history meanwhile are increasingly using asset-based lending, which is borrowing against receivables generated by the business as well as land, plant and machinery. This often provides more flexible working capital than vanilla loans secured against just the land.
As with any financing, it is often helpful to approach a specialist broker who can find the right lender for your business and its borrowing needs.
You will need a solicitor to act on your behalf. Lending terms can be onerous and it is important to take legal advice to understand them in the context of running the business day to day. A good lawyer will explain potential defects in your security to your lender and give solutions, rather than simply identifying problems.
Lenders will look at assets in the round and demand adequate security for the debt, like (in the case of companies) a debenture creating fixed and floating charges over all assets or a share charge from the shareholders over the borrowing entity.
Buying plant and machinery on hire purchase terms can make sense from a balance sheet point of view. Sophisticated creditors provide overdraft facilities (secured and unsecured), and legal charges can be left in place for short notice lending too. Collateral can also come from outside the business. Personal guarantees from beneficial owners or from trustees can be especially helpful for young businesses. Remember that trustees’ guarantees should be limited to trust assets and personal guarantees should be capped. Parent company guarantees can have implications for the wider group.
Ultimately a vineyard is a collection of assets and approaching it as a straightforward land purchase is not always the answer. Forsters’ Banking & Finance team knows about complicated real estate finance and asset-based lending. They will work closely with you and the Rural Land and Business team to understand the wider project. Combining these two elements allows us to advise on and structure the most suitable form of finance for you.
Expert Insights
“With rising temperatures, improved technology, and increasing demand for wine and land suitable for vines, there is a real sense that vineyards in the UK are now, for some, a viable option. C. Hoare & Co. has funded both acquisitions and serious investment in existing businesses. As a 12th-generation family business, we take a long-term view well beyond the usual rolling five-year strategy, and with the cost of capital at a near-historic low, the timing couldn’t be better. We recognise, however, that vineyards need the right team on the ground, as well as favourable soil, aspect and climate conditions – we all know it only needs one unexpected frost to wipe out an entire season. This places winemaking some way up the risk spectrum, and it won’t be for everyone, but we have been on journeys with a number of well-advised customers and feel we offer a flexible approach.”
Simon Collins – Head of Landed Estates Group, C. Hoare & Co.
A great bottle of wine is a wonderfully elegant, simple thing. But the process of making it is complicated. Small variables in soil, climate, management and markets can make the difference between a great year and an average one.
Keeping up with the modern family: Hannah Mantle to speak at TL4 & ConTrA Contentious Trusts conference
5 July 2022
News
Dispute Resolution Senior Associate, Hannah Mantle, is speaking at the Thought Leaders 4 & ConTrA conference ‘The Modern Trust – Contentious Trusts in a Changed Social Media Landscape’.
The conference, taking place on 5 July 2022, will see experts join together to discuss the hot topics and issues facing trusts in today’s world.
Hannah will join Simon Goldring of Maurice Turnor Gardner and Emilia Piskorz of Mishcon de Reya to provide a session at 16:30 entitled ‘Keeping up with the modern family: looking through the crystal ball to ask what families will look like in the next decade’.
The Index recognises the top family lawyers for high net worth clients in the UK, ranking individuals that have the ability to combine expert legal knowledge with an emotional understanding of a client’s situation to produce the best results.
Spear’s publishes annual rankings of the top private client advisers and service providers to high net worth individuals. These are drawn up on the basis of peer nominations, client feedback, telephone and face-to-face interviews, data supplied by firms, as well as information gathered by the Spear’s editorial and research teams.