Case studies

We achieved an important Court of Appeal win for Westbrook Resources Limited following a long-running dispute between Westbrook and Globe Metallurgical Inc concerning breach of contract when supplying goods. In a judgment on 8 April 2009, the Court of Appeal rejected all submissions by Globe Metallurgical, and upheld a previous decision by the High Court in which Westbrook was awarded damages against Globe.

Guildford corporate client, Camberley Auto Factors (CAF) is Southern England's leading motor factor and distributor of quality motor spares, car spares and car parts. A family business, CAF has supplied motor components for British, European and Asian cars for over 45 years. It has 26 branches across the South of England with a further five locations housing the company's specialist divisions.

We were instructed by an international company in the UK on the hiring of a highly skilled worker from India. The company had originally planned for the worker to apply under tier 1 (general) as the individual was not working for the related company. However, this route was closed before the application could be submitted.

We advised Jon Grant, director and sole shareholder of Thirstpoint Limited, in connection with the sale of Thirstpoint to Personnel Hygiene Services Limited (PHS), one of the UK's leading workplace service providers.

Penningtons recently assisted a client with an urgent tier 2 sponsor licence application and restricted certificate of sponsorship application. After carrying out an audit at the client's premises, we proceeded with submitting the sponsor licence application requesting urgent treatment. The application was processed within seven working days and in time to submit a request for a restricted CoS for July 2011.

AXA, one of the UK’s leading insurers, was the underwriter for a travel insurance policy taken out by two holidaymakers before a trip to the USA.

Before leaving this country, a man travelling to the US went to an NHS hospital with a severe headache. After limited investigation, he was reasurred that his condition was not serious and discharged. He therefore continued with his holiday plans and flew to the US where he developed a full blown brain bleed resulting in neurosurgery and extensive rehabilitation. After insurers funded the medical treatment in the US, we were instructed to claim this from the NHS in the UK and recovered about $175,000.

London Bridge Optical is a successful importer and exporter of spectacle frames. The wish of the founding shareholder to reduce his involvement in the business resulted in a management buy-out and our corporate specialists were asked to advise commercial manager Philip Gray on the purchase of the company. The deal involved the incorporation of a new company, Visual Trading Limited, specifically for the purpose of the acquisition.

Our dispute resolution and employment specialists recently settled a dispute between the directors and shareholders of a privately owned business in the healthcare sector.

In recent months we have worked with a number of UK education providers where the UK Border Agency (UKBA) has taken action in suspending their licences under tier 4 of the sponsorship system.

The application by our client's employee for leave to remain under tier 2 (general) was refused on the basis of the qualification that he claimed points for the application. The UKBA stated in its refusal letter that since the employee's qualification was not on the points based system calculator as recognised by UK NARIC that it could not be used to claim points for the application.

In September 2010 Penningtons' immigration team achieved a successful result on behalf of a client who had been refused entry to the UK as a visitor four times; the last decision had resulted in a ten year ban.