Real estate disputes

Penningtons Manches Cooper’s dedicated real estate disputes team provides expert advice on the full range of property related disputes as well as specialist guidance on landlord and tenant matters. Our lawyers’ broad technical knowledge is complemented by their extensive practical experience.

Property dispute specialists

Acting for both landlords and tenants gives us perspective and enables us to understand the key concern and priorities of the other parties. We regularly represent clients in issues involving more than one jurisdiction.

Our clients range from investment managers with large and varied real estate portfolios to office occupiers and retailers, as well as charities and individuals with smaller portfolios. We work closely with institutional landlords, investment funds and housing providers in the UK living sector.

Our team is ranked by Chambers Guide to the UK Legal Profession and The Legal 500 and recommended for the quality of its work. We have a strong track record in both devising strategies to avoid disputes developing and in resolving those that do occur as cost effectively as possible. This includes a detailed knowledge of all forms of dispute resolution ranging from small scale mediations and adjudication to full blown arbitration and litigation, both in the UK and internationally.

The team consists of a group of very talented, dedicated, and personable professionals that are invested in understanding the client’s business.

Legal 500

We recognise that major disputes absorb significant resources in terms of both management time and costs. Accordingly and where appropriate to the business needs of clients, we use a variety of alternative dispute resolution techniques, such as expert determination, mediation and arbitration.

While we act for clients in all courts and tribunals, much of our work involves advice on ways to manage problems, for example how to handle lease breaks, so that they can be resolved without the need to issue proceedings. Our lawyers are members of the Property Litigation Association.

How we help our clients

Residential building and estate management

Enfranchisement, lease extensions and rights of first refusal

Co-ownership disputes and trust of land

Commercial landlord and tenant insolvency

Commercial asset management

Telecoms and the electronic communications code

Transactional support work

Trespass, encroachment and nuisance

Land interference: rights of way and rights to light

Development and partnership disputes

Purchase and disposal issues

Useful resources

Recent work highlights

Apportionment of service charge

Acting for Aviva in the recent Supreme Court case of Aviva v Williams in relation to a complex service charge dispute focusing on the ability of the landlord unilaterally to vary the apportionment of charges.

Landmark court ruling

Representing the respondents in the Court of Appeal in No 1 West India Quay (Residential) Limited v East Tower Apartments Ltd, one of the leading cases in relation to applications for consents.

Vacant possession strategy

Advising a commercial landlord on obtaining vacant possession of a mast site let under lease, which allowed the complete redevelopment of the site, generating approximately £700 million in revenue.

Tribunal proceedings

Acting for a developer in relation to termination and removal tribunal proceedings concerning apparatus at a development site in Brighton. Consensual agreements were reached in both cases, avoiding a formal hearing.

High street brands

Acting as main legal adviser for several high street brands, delivering regular guidance on payment obligations and lease re-gears. We provided both technical legal support and commercial advice around tactics.

Damages claims

Defending a number of substantial claims by tenants against a landlord over large water leaks caused by a third party at a multi-let, mixed use property on Portobello Road. This included making counterclaims for unpaid rent and service charge.

Multiple tenant CVAs

Providing strategic advice and support to an institutional landlord on multiple tenant CVAs and Part 26A schemes affecting leases within its portfolio.

Favourable lease renewal

Defeating a landlord’s claim opposing the renewal of a lease under the 1954 Act on fault-based grounds, and obtaining a new lease for our retail client who had traded from the premises for several decades, with lower rent than initially demanded.

Pre-action settlement

Settling a rectification claim pre-action for a landlord client where the tenant’s fixed break date in a lease differed from the date in the agreed heads of terms. The settlement achieved payment of a sum representing a year’s rent for the client.

Multiple tenant CVAs

Providing strategic advice and support to an institutional landlord on multiple tenant CVAs and Part 26A schemes affecting leases within its portfolio.

Favourable lease renewal

Defeating a landlord’s claim opposing the renewal of a lease under the 1954 Act on fault-based grounds, and obtaining a new lease for our retail client who had traded from the premises for several decades, with lower rent than initially demanded.

Pre-action settlement

Settling a rectification claim pre-action for a landlord client where the tenant’s fixed break date in a lease differed from the date in the agreed heads of terms. The settlement achieved payment of a sum representing a year’s rent for the client.

Case studies

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In an increasingly complex and regulated environment, managing real estate tax efficiently has become vital for businesses undertaking property transactions and investments. Our dedicated real estate tax team provides strategic advice designed to minimise liabilities, unlock savings, and support commercial goals, ensuring that your real estate investments remain robust, compliant, and profitable.

A commercially driven, proactive approach

Our lawyers provide comprehensive advice on real estate tax matters including VAT, stamp duty land tax (SDLT), and capital allowances. Leveraging deep technical knowledge and practical experience, we devise transaction structures tailored specifically to mitigate tax liabilities and avoid common pitfalls. Clients appreciate our commercially driven, proactive approach that combines clarity, precision, and speed, even in the most intricate and high-value scenarios.

We regularly handle the tax elements of significant property transactions for a diverse client base, from major institutional investors and developers to registered providers of social housing and entrepreneurial ventures. Our team’s ability to swiftly address critical tax issues and integrate seamlessly into transaction processes allows our clients to meet tight deadlines without compromising on quality or compliance.

Our services extend to managing specialist areas including the Construction Industry Scheme, the Community Infrastructure Levy, the Annual Tax on Enveloped Dwellings , and business rates. We also assist non-resident landlords through registration processes, making sure UK property dealings are compliant and tax efficient.

A friendly, approachable team with excellent technical knowledge.

Chambers UK

Additionally, our specialists routinely engage with HM Revenue and Customs to secure tax clearances and rulings, facilitating smooth transactions and preventing unexpected delays. Our capability includes VAT registration and strategic options to tax, ensuring maximum flexibility and financial efficiency for your property operations.

When disputes arise, particularly involving VAT matters, our team liaises directly with HM Revenue and Customs, advocating effectively to achieve favourable outcomes for our clients. With our guidance, businesses can confidently navigate the evolving landscape of real estate taxation, securing optimal results.

How we help our clients

Capital allowances

Construction Industry Scheme

Community Infrastructure Levy

Annual Tax on Enveloped Dwellings

Business rates

Non-resident landlord registrations

Stamp duty land tax

VAT

Useful resources

Recent work highlights

Property investment structures

Advising on the tax consequences of property investment structures involving Channel Islands limited partnerships and property unit trusts, and producing a tax report for the lending banks, including considering the carried interest position and VAT consequences.

PAIF investment properties

Assisting with the SDLT and other tax consequences of the acquisition of various types of investment property by, and transfers of assets between, PAIFs.

Hospital development project

Providing guidance on the tax consequences relating to various forward funding transactions in connection with development project work on the construction of new hospital wings.

West London landmark building

Advising on the tax consequences relating to the development of a landmark building in West London, providing over 400,000 sq ft of office and retail space, along with new public realm , and interfacing with the adjoining overground and underground railway stations.

Individual and corporate tax positions

Acting for UK and non-UK resident individual and corporate purchasers of residential and commercial properties on their SDLT, ATED, VAT and income and corporation tax positions, including purchases of care homes and student accommodation.

Mixed property development

Acting for a property developer on the VAT implications of a mixed commercial and residential development.

Farming partnership tax implications

Advising on the CGT and SDLT implications of changes to the ownership of a family farming partnership.

Farming partnership tax implications

Advising on the CGT and SDLT implications of changes to the ownership of a family farming partnership.

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Landlord and tenant

A poorly drafted lease can erode the value and ability to control a freehold asset. Conversely an overly restrictive lease can reduce a tenant’s flexibility and ability to control costs during the lease term. Penningtons Manches Cooper’s real estate team acts for both institutional landlords and corporate tenants and knows how to strike the balance between market conditions, commercial reality, legislation and current case law.

A holistic approach for real estate stakeholders

For landlords, effective property portfolio management is crucial to protect the value of an asset. Our aim is to ensure that landlords’ interests are safeguarded in all letting documentation. We help asset managers to operate their portfolios efficiently, using our interactive technology to manage key dates and provide intuitive instructions.

Our team handles every stage of the lease process, from inputting into the negotiation of heads of terms to completing an institutionally acceptable suite of lease documents. We deal with both contentious and non-contentious 1954 renewals and advise on opposing a renewal request or a compromise renewal with a landlord development break. Our lawyers are also very used to dealing with telecommunication lettings and renewals, under the code or otherwise.

When it comes to disagreements, our real estate disputes team is well versed in advising on service charge disputes, while our construction team addresses building safety or contractor issues. For mixed-use portfolios, we ensure compliance with landlord and tenant legislation including whether statutory notices should be served for any residential elements.

For tenants, we represent a diverse range of occupiers, including banks, corporates, technology companies, life science businesses, medical practitioners, retailers, restaurateurs, and other leisure companies seeking business premises. Our professional network is extensive and we can make appropriate introductions and collaborate as needed during the documentation of any new letting.

They have a full-service offering and are a national powerhouse. They take the time to understand the client’s business.

Legal 500

When advising tenants, our goal is to meet operational deadlines, securing occupation, and ensure the fit-out process (including the wayleave process) aligns with the target trading date. Often, this includes documenting a managed exit from the current premises, ensuring a sufficient overlap but with the control of termination resting with the tenant.

Timeframes are of course sometimes missed for reasons outside the legal framework. Our team is adept at agreeing sensible, quick temporary measures to ensure business continuity and documenting the consequences of missed target dates and associated costs. Our project, development and construction team is experienced in documenting professional appointments, warranties and agreeing liquidated and ascertained damages as compensation for specific breaches to cover for all eventualities.

Our holistic approach addresses all aspects of property management and development, providing clients with the confidence that their projects will be completed on time and within budget, or with clear consequences if they are missed.

How we help our clients

Confidentiality (non-disclosure agreements)

Assignment and underletting

Dilapidations and tenancy disputes

Landlord and Tenant Act renewals

Leases and tenancies

Rent reviews

Service charges

Uninsured damage

Recent work highlights

Multi-tenant asset management

Acting for LabTech on the full range of asset management matters in relation to its Camden Estate. Our role includes dealing with pop-ups and short-term lettings through to complex lettings conditional on substantial works, planning and licensing.

Diverse retail asset management

Acting for a major institutional investor on the asset management of a major retail park in Leeds with over 30 retail stores covering a variety of asset classes including Asda, Boots, Next, Marks & Spencer Foodhall and Starbucks.

Multi-tenant business park

Representing Northern Trust on the acquisition and ongoing management of Vesuvius Business Park in Worksop, a 4.13 acre site comprising 16 trade counter units and three retail buildings totalling 47,000 sq ft, including various occupiers.

Film studios site expansion

Assisting film and TV company Pinewood Studios with various property matters relating to the expansion of its Shepperton site, including telecoms, rights of way, access licences and leases.

Cross-border corporate sale

Supporting the owners of 23.5 Degrees Limited, the largest Starbucks licensed business partner in the UK, on the property elements of the cross-border corporate sale of the business to US-based Starbucks Coffee Company.

Complete estate advisory

Acting on all real estate matters for frozen food specialist Farmfoods across England and Wales, advising the business on site acquisition, development, disposal and estate management as it continues its growth programme.

Retail park leasing and redevelopment

Supporting an institutional investor on the asset management of a large Southampton retail park, including implementation and installation of ANPR within the car park and a restructuring and regearing of title alongside advice on redevelopment opportunities.

Complex tenant requirements

Acting for Supermassive Games on a complex lease in Guildford which required particular attention being paid to the building’s infrastructure and its ability to accommodate our tenant client’s user-specific and detailed fit-out needs.

London-based global headquarters

Advising a global communications company on the letting of its new London headquarters which included an agreement for lease with substantial landlord works.

Lease conditional on works

Acting for Vitality Corporate Services on the relocation of its Bournmouth headquarters, negotiating an agreement for lease conditional on works including planning provisions, four leases and a pre-emption agreement on the remainder of the building.

Portfolio management and sale

Advising a US private equity investor on the management and sale of its UK portfolio which includes several regional shopping centres, bringing in the letting and general asset management and subsequent sale of the individual assets.

Retail tenant property matters

Acting for White Stuff on all its English property matters, including new leases of high street and shopping centre stores, regears and renewals, surrenders and lease termination dilapidations together with general issues that arise.

Retail park leasing and redevelopment

Supporting an institutional investor on the asset management of a large Southampton retail park, including implementation and installation of ANPR within the car park and a restructuring and regearing of title alongside advice on redevelopment opportunities.

Complex tenant requirements

Acting for Supermassive Games on a complex lease in Guildford which required particular attention being paid to the building’s infrastructure and its ability to accommodate our tenant client’s user-specific and detailed fit-out needs.

London-based global headquarters

Advising a global communications company on the letting of its new London headquarters which included an agreement for lease with substantial landlord works.

Lease conditional on works

Acting for Vitality Corporate Services on the relocation of its Bournmouth headquarters, negotiating an agreement for lease conditional on works including planning provisions, four leases and a pre-emption agreement on the remainder of the building.

Portfolio management and sale

Advising a US private equity investor on the management and sale of its UK portfolio which includes several regional shopping centres, bringing in the letting and general asset management and subsequent sale of the individual assets.

Retail tenant property matters

Acting for White Stuff on all its English property matters, including new leases of high street and shopping centre stores, regears and renewals, surrenders and lease termination dilapidations together with general issues that arise.

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Brand management and protection

Our leading brand management and protection practice is renowned at both a domestic and international level. It forms a substantial part of the firm’s broader IP, IT and commercial offering, providing clients with the full range of brand management and protection services – from brand and design clearance, development and registration, through to enforcement, licensing and divestment.

Trusted worldwide for high quality advice

The practice supports an extensive domestic and international client base across all sectors and industries, ranging from retail, food and beverage and professional services through to education, charities and biotech, with a particular focus on fashion and luxury brands. It is a testament to the technical excellence and quality of our lawyers that many of our instructions originate from in-house or overseas legal counsel. Our cross-office team’s expertise is also recognised in leading legal directories such as The Legal 500, Chambers UK and World Trademark Review 1000.

Our reach and technical capabilities are further enhanced by the firm’s international footprint and its active participation in Multilaw, a top-ranked global network of independent law firms, enabling us to gain immediate access to specialist local advice and knowhow on behalf of our clients worldwide.

Members of our team, who work in a range of languages including French, Spanish, German, Romanian and Japanese, regularly write articles for leading publications such as CITMA Review; give talks and presentations on brand management and protection issues (including on Brexit at the World Intellectual Property Organisation); and participate in brands-focused international conferences and events such as INTA, AIPPI, PTMG, IBA, MARQUES and ECTA.

What set them apart for me was their understanding of our business needs and desired outcomes, as well as their ability to deliver tailored and dynamic legal strategies at each stage.

Legal 500

Our lawyers subscribe to and use the latest tools and technologies to ensure effective portfolio management and up-to-date advice. We have a particular expertise in complex, cross-border brand protection and enforcement matters and take pride in providing clients with tailored, commercial advice that matches their specific needs.
Following Brexit, in addition to providing UK advice, we continue to offer clients comprehensive EU brand management and protection services via the firm’s European offices.

How we help our clients

Global trade mark and design clearance, registration, maintenance and enforcement

Dispute resolution involving trade marks, passing off and other related rights

Registry opposition and cancellation proceedings

Registry formalities and recordals

Brand co-existence and settlement agreements

Anti-counterfeiting and enforcement programmes, including criminal prosecutions and working with customs

Take down procedures on e-commerce and social media platforms

Domain registration, recovery and transfer (including through Nominet and WIPO UDRP)

Copyright, ‘image rights’ and reputation management

Brand audits and due diligence

Brand acquisitions, transfers, licensing, collaboration, endorsement, sponsorship,

Franchising and distribution arrangements

Useful resources

Recent work highlights

US restaurant brand expansion

Advising a well-known US-based restaurant chain on its brand protection and enforcement strategy upon entering, and significantly expanding its operations in, the UK and European Union.

Motorsports team brand protection

Acting for a major UK motorsports team on a wide range of brand protection and enforcement matters, including an extensive global re-registration programme and new filings for a heritage brand.

Global accounting IP strategy

Advising a global professional accounting body on its international IP portfolio, including trade marks and domain names, as well as its IP litigation and brand protection actions worldwide.

Consumer product IP enforcement

Advising an international consumer product manufacturer on IP enforcement and online brand management.

Baby food brand management

Managing the global IP portfolio for a leading baby and child food brand, including all trade mark oppositions and infringement actions.

Telecoms IP portfolio guidance

Advising a large telecoms and cloud communications provider on all IP issues, including its trade mark portfolio and enforcement activities.

Legal network global rebrand

Advising on an international legal network’s rebrand and filing of new trade mark applications in multiple territories around the world.

R&D agency IP advisory

Representing a UK R&D funding agency, sponsored by the Department for Science, Innovation, and Technology, on IP matters, including grant funding agreements, R&D contracts, clinical trials regulations, and trade mark filings.

Animal charity rebranding strategy

Providing strategic advice to one of the UK’s largest animal welfare charities, a long-standing client, on its extensive rebranding project, assessing the implications for its existing trade mark portfolio and filing new trade mark applications to safeguard its rights.

Sustainability label certification marks

Acting for a globally recognised sustainability label renowned for its commitment to environmental preservation and ethical practices, advising on its applications for UK certification marks, a process that guarantees third party products and services meet specific standards.

K-pop trade mark portfolios

Assisting a leading South Korean entertainment company with registration and enforcement of the UK and EU trade mark portfolios of globally successful K-pop acts.

Fashion IP rights protection

Assisting a wide range of UK-based fashion companies with the enforcement, consolidation, and protection of their domestic and international intellectual property rights.

Legal network global rebrand

Advising on an international legal network’s rebrand and filing of new trade mark applications in multiple territories around the world.

R&D agency IP advisory

Representing a UK R&D funding agency, sponsored by the Department for Science, Innovation, and Technology, on IP matters, including grant funding agreements, R&D contracts, clinical trials regulations, and trade mark filings.

Animal charity rebranding strategy

Providing strategic advice to one of the UK’s largest animal welfare charities, a long-standing client, on its extensive rebranding project, assessing the implications for its existing trade mark portfolio and filing new trade mark applications to safeguard its rights.

Sustainability label certification marks

Acting for a globally recognised sustainability label renowned for its commitment to environmental preservation and ethical practices, advising on its applications for UK certification marks, a process that guarantees third party products and services meet specific standards.

K-pop trade mark portfolios

Assisting a leading South Korean entertainment company with registration and enforcement of the UK and EU trade mark portfolios of globally successful K-pop acts.

Fashion IP rights protection

Assisting a wide range of UK-based fashion companies with the enforcement, consolidation, and protection of their domestic and international intellectual property rights.

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Immigration advice for educational establishments

Our immigration team plays a vital role within the firm’s education sector group. By bringing together in-depth knowledge and strong links with educational associations, we provide pragmatic solutions to educational establishments amidst the ever-changing political landscape. We maintain a good working relationship with senior officials within the Home Office, enabling us to achieve the best outcomes for our clients.

Specialist immigration support for the education sector

Our lawyers are recognised as leaders in the education sector, with a reputation for devising intricate compliance solutions for education providers across their immigration needs. We have a long history in the field and have guided clients through many sector firsts. This includes advising the first university to have its sponsor licence suspended; the first university to have its sponsor licence revoked; the first new provider to gain degree awarding powers from inauguration in over 50 years; and the first Indian-origin business school that can award UK degrees to set up in the UK.

The work of our specialist team has included advising the Home Office on the development of sites and partnerships in the sponsor guidance in 2015, and assisting schools affected by the 2019 trafficking scandal on the immigration implications. We have also acted for a number of institutions that have been issued with UK Visa & Immigration action plans.

In response to sector needs, Penningtons Manches Cooper established our dedicated immigration audit, training and compliance team in 2022. However, we have been conducting compliance audits for education clients since the inception of the points-based system in 2008.

Today, our clients include higher and further educational establishments, study abroad providers, independent schools and English language schools. We also regularly provide immigration training for organisations such as UKCISA, ILPA, ISA and BSA, and run a dedicated compliance helpline for UKCISA members.

Penningtons Manches Cooper’s extensive experience and in-depth knowledge ensures they can adeptly manage any issues that arise.

Chambers UK

Our clients value our expert guidance, in-depth knowledge of student sponsor licence management and compliance, and proactive approach when dealing with the Home Office. We provide tailored support whether we are conducting an in-depth audit, creating customised training, advising on the immigration aspects of mergers, takeovers and joint ventures, or providing day-to-day compliance solutions.

How we help our clients

Student sponsor licence applications, including advice on policies and processes

Annual and in-year CAS requests

Challenging negative decisions – including BCA failures, action plans and licence revocation

Immigration aspects of corporate restructures

Immigration advice on partnerships between higher education institutions and private providers

Immigration guidance on student terms and conditions and agent agreements

Preparation for UKVI compliance audits and liaising with UKVI on behalf of sponsors

Training including sponsor compliance, SMS training and risk management

Recent work highlights

UKVI ‘action plan’ support

Providing strategic advice, training and assistance to a UK university which received an action plan from UK Visas and Immigration to ensure it did not lose its student sponsor licence.

HEP change of ownership advice

Providing strategic advice and assistance to a higher education provider which was going through a corporate change of ownership, including making representations to UKVI on why the change did not amount to a new sponsor licence being required.

Student sponsor licence application

Assisting a university with its submission of a student sponsor licence application, including advising on systems and processes and preparation for a UKVI audit. Once the licence was approved, we provided training on CAS issuance and sponsor licence management.

Intention to issue action plan

Advising a university which received an ‘intention to issue action plan’ letter following a compliance audit that issued minor corrections. We worked with the institution on system changes and making representations to UKVI. No formal action plan was issued.

Sale of Regent’s University London

Providing immigration advice on the sale of Regent’s University in central London, resulting in the retention of the sponsor licence and its privileges following completion of the sale.

In-year sponsor CAS request

Working with a sponsor on its business plan for an in-year CAS request. We provided strategic advice on the business plan and how internal systems would need to be managed. The request was approved in full.

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Immigration audits, training and compliance

Audit, training, and compliance is an area that is often deferred until issues arise. Our dedicated immigration audit, training and compliance team identifies risks and offers practical solutions, equipping employers with the necessary knowledge to comply with the UK’s immigration systems, rules and regulations. We bring an in-depth understanding of compliance and a proactive approach to ensure that our clients’ businesses and reputation are well protected.

Support on sponsor duties and right to work

Our lawyers’ have been conducting compliance audits since the points-based system was introduced in 2008. Today, our established team’s work includes advising both business and education clients on compliance with sponsor duties and preparation for UK Visas and Immigration (UKVI) audits, including prevention of illegal working audits. Our approach is bespoke and we work with our clients’ in-house team to tailor our recommendations to their organisation.

We help clients to put in place effective systems and processes that comply with Home Office requirements and protect an organisation’s sponsor licence, thereby minimising reputational damage. Our team works with all sizes of businesses, from small start-ups to multinational corporations. In the education sector, we assist universities, overseas higher education institutions, further education colleges and independent schools.

Penningtons Manches Cooper’s extensive experience and in-depth knowledge ensures they can adeptly manage any issues that arise.

Chambers UK

We are actively involved in liaising with the Home Office on compliance issues, and have been commended by Home Office senior officials for our proactive approach to compliance. In addition, our lawyers provide training on all aspects of sponsor compliance obligations and right-to-work checks. This is sometimes part of a UKVI action plan or in response to representations on compliance concern raised by UKVI.

How we help our clients

Compliance checks before and after obtaining a UKVI sponsor licence

Preparation for UKVI compliance audits, including digital checks

General immigration and compliance checks followed by bespoke reports

Reviewing and advising on identified areas of concern

Right-to-work checks audits (prevention of illegal working)

Bespoke immigration training and support for HR staff and managers

Bespoke education training for recruitment and visa compliance teams

Sponsor licence training – how to meet your sponsor duties

Right-to-work checks training

General immigration and risk management training, including rule and policy updates

Recent work highlights

Pre-sponsor licence digital compliance check

Assisting a tech company with preparation for a digital compliance check from UKVI prior to a decision being made on a sponsor licence application, including advice on sponsorship duties and maintaining records. The application was approved without any further checks.

Intention to issue action plan

Advising a university which received an ‘intention to issue action plan’ letter following a UKVI compliance audit, including identifying the areas of concern and putting in place system changes. As a result, no formal action plan was issued.

Preparations for three-day UKVI audit

Assisting a client at very short notice with preparation for a UKVI audit, including going on site to help the client prepare and producing a report with the necessary steps to take. The client successfully passed the audit.

Urgent right-to-work training

Delivering right-to-work training just days after new UKVI guidance was published to ensure clients’ ongoing compliance with prevention of illegal working guidelines.

Academic sponsor compliance training

Providing training sessions to academic staff on the importance of academic engagement in ensuring sponsor compliance and how they contribute directly to this process.

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Industrial relations

Penningtons Manches Cooper’s employment law team has a wealth of expertise in dealing with collective workforce issues, both for employers and trade unions. We provide pragmatic solutions to help businesses develop productive working relationships with trade unions, often in pressurised situations, and guide our clients through the complexities of negotiations.

Legal advice for successful industrial relations

Our highly regarded industrial relations lawyers work with employers in a variety of sectors to manage their engagement with trade unions. At a national level, we advise employers of different sizes on a broad spectrum of industrial relations issues, ranging from the recognition of trade unions to collective agreements and bargaining, collective consultation, strike ballots, strike management and injunctions. We also offer authoritative guidance on the legal issues and strategic management of picketing, public demonstrations and social media campaigning.

We have extensive experience of advising trade unions on industrial relations and collective bargaining, including the detailed requirements for ballots for industrial action and applications for statutory and voluntary collective bargaining. Our specialist trade union solicitors provide unique insights to executive teams on how to negotiate and work with trade unions to best resolve the issues that are at play.

We advise across a range of sectors including education, shipping, energy, manufacturing, aviation, communication, transport and food production. Our client base extends from some of the most highly unionised sectors to those that traditionally have had little union engagement. We tailor our advice to suit the nature of the industrial relations framework for each employer.

Penningtons Manches Cooper guide us with a confident and risk-averse approach that gives us huge peace of mind and confidence to take action on key strategic decisions.

Chambers UK

Our expertise covers social and political industrial relations on a national and global level. We have a unique capability associated with the Trade Unions Congress and the International Labour Organization (ILO), which is a United Nations agency. Our industrial relations lawyers advise on ILO labour standards such as the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No 98), including their use in government consultations, corporate codes of conduct, framework agreements with trade unions, and CSR/business and human rights initiatives.

Both as a team and individually, we engage in consultations on proposed changes to the law on industrial action, liaise with other stakeholders, and are frequent commentators and writers on industrial relations issues. Widely acknowledged for their specialist expertise, our industrial relations and trade union lawyers are recommended for their work in the latest editions of both Chambers UK and the Legal 500.

How we help our clients

Union recognition agreements, both statutory and voluntary

Advice on the rights of trade union members and officials

Collective bargaining

Collective information and consultation on redundancies and TUPE

Managing strikes and other industrial action

Strike injunctions

Trade union litigation, including collective and individual claims in unionised workplaces

Useful resources

Recent work highlights

National strike injunction

Successfully obtaining an injunction in relation to a national strike in the public sector concerning incorrect balloting procedures.

Union recognition and judicial review

Acting for two employers on claims presented under TULRCA over bargaining units proposed by independent trade unions, and subsequently applying for a judicial review of the Central Arbitration Committee’s decision to grant statutory trade union recognition.

Board level strike advice

Providing strike advice to executive teams, including in relation to the legality of strike actions, as well as guidance on strike organisation, ACAS conciliation proceedings and settlement agreements.

Action short of a strike

Advising one of the largest employers in the UK in relation to the effect of overtime bans and temporary cessations of work by three of its recognised trade unions.

Oil and gas collective redundancy

Acting for the successful employer in Seahorse Maritime Limited v Nautilus International, the leading case in the offshore oil and gas sector on the obligation to collectively consult a trade unionised workforce employed on ships in foreign territorial waters.

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Restrictive covenants

In an increasingly challenging commercial and economic environment, it is more important than ever for businesses to protect their technology, customer relationships, and confidential information in order to remain competitive. Speed and cost are often at the forefront of claims concerning restrictive covenants, and we provide swift, effective and efficient advice on team moves, confidential information, employee competition, and other related issues.

Enforceable restrictive covenants for businesses

Setting out restrictive covenants in an employment contract can be a very effective way for businesses to safeguard confidential information. They can be used to deter an employee from competing unfairly against a former employer, soliciting the custom of an employer’s clients or prospective clients, poaching key staff, or dealing with customers and suppliers for reasonable periods of time.

All too often, however, businesses use template covenants that are not appropriate for their commercial needs, and which will not be upheld in court. Despite what is often heard, these covenants are enforceable; but only if properly drafted.

Outstanding knowledge and experience with the ability to deliver advice in easy to understand and clear terms. I feel very confident using Penningtons. Their response time is exceptional.

Legal 500

As Penningtons Manches Cooper acts for both senior executives and employers, we are well equipped to offer a broad perspective on this often highly contentious area of employment law. We assist businesses at the point of potential recruitment, assessing the enforceability of the proposed recruit’s current restrictions and/or drafting tailored covenants to meet legitimate business needs. We also provide strategic advice when an employee has removed confidential information or resigns, often with others, to join a competitor. We are frequently instructed to take rapid action to enforce restrictive covenants, as time is often of the essence.

Our solicitors work seamlessly with experts in other practice areas. In particular, we regularly draw on the specialist knowledge of members of our dispute resolution team, who have extensive experience in High Court procedures.

How we help our clients

Guidance on recruiting individuals or a team from a competitor

Advice on garden leave and enforceability of restrictive covenants

Confidentiality provisions

Responding to the departure of a key individual

Enforcement action, for example, injunctions (including springboard injunctions) and remedies

Recent work highlights

Groundbreaking High Court application

Leading the first High Court challenge to the legitimacy of covenants based on the prevalence of social and professional media.

Senior executive departure at global firm

Advising a global chemical manufacturer on the departure of a senior executive, from issuing an application to the court for breach of restrictive covenants, through to an agreed resolution including costs.

Triple line of defence for recruitment client

Obtaining three sets of undertakings for a client in the recruitment sector following team and individual moves to a competitor firm.

Team departure and injunctive relief

Advising on matters relating to confidential information and restrictive covenants as a result of a whole team leaving and setting up a rival company, including successfully applying for injunctive relief.

Search and seize order

Successfully securing a search and seize order for a leading pharmaceuticals company, in order to find and secure crucial evidence in support of an ongoing case.

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Data protection compliance service

We are pleased to offer our data protection compliance service, a packaged, end-to-end legal service, designed to enable businesses to achieve UK and EU GDPR compliance.

The UK GDPR

Since Brexit, businesses and other organisations that collect and use personal data in the UK need to comply with the UK General Data Protection Regulation (UK GDPR), plus the Data Protection Act 2018.

The UK GDPR broadly mirrors the EU GDPR. and sets out what organisations must do when collecting, storing, and using personal data. It applies not only to organisations based in the UK but also organisations in other countries if they offer goods or services to individuals located in the UK or monitor UK residents’ behaviour. In addition, if such organisations do not have a business presence in the UK, they will need to appoint a representative here to deal with any queries relating to data breaches or subject access requests.

The EU GDPR continues to apply to UK (and other) organisations that have an establishment in the EU, offer goods or services to individuals located in the EU or monitor EU residents’ behaviour. Such organisations need to comply with both the UK GDPR and the EU GDPR. If they do not have a business presence in the EU, they will need to appoint a representative in the EU to deal with any queries from individuals there.

What we particularly appreciate about Penningtons is their excellent and rapid work and their high level of understanding of the context of issues.

Chambers UK

What it means

Like the EU GDPR, the requirements of the UK GDPR are far-reaching. There is an emphasis on transparency and security when processing personal data, as well as individuals’ rights and mandatory notification requirements for certain data breaches. The obligation to be accountable requires organisations to put in place comprehensive policies and practices, as well as having organised record keeping. Key obligations such as ‘the right to be forgotten’ and ‘privacy by design’ impact upon how businesses interact with their customers.

Non-compliance presents not only reputational but also financial risk. Breaches are punishable by very significant fines of up to £17.5 million or 4% of global annual turnover, whichever is higher.

The solution: data protection compliance service

Our data protection compliance service is delivered in two key phases and has been developed by us in response to demand from clients who need a fast and cost-effective solution to data protection compliance.

Phase one: discovery

  • Transparent pricing for the discovery phase.
  • Provision of a detailed questionnaire to comprehensively identify your data processing activities and existing compliance framework.
  • Gap analysis in a simple red/amber/green reporting format outlining key areas for attention, with essential and recommended actions.
  • Provision of pricing for follow up actions.

Phase two: remediation

  • Discuss prioritisation and budget for follow up actions identified in phase one.
  • Remediation activities typically cover the following key areas depending on the outcome of the gap analysis in phase one:
    • accountability;
    • collection, consent and handling of information;
    • sharing, third parties and supply chain management;
    • data breaches;
    • training and awareness;
    • record management.

Keep exploring

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Cyber security and cyber crime

Cyber security and cyber crime are among the biggest issues that businesses and other organisations must confront today. The law faces huge challenges to keep up with the rapid development of technology which provides opportunities for the misuse of both the internet and computers for commercial gain, espionage, or other criminal purposes.

The vanguard of cyber crime prevention

Everything valuable to an individual or organisation – including intellectual property, confidential information, personal data, hardware and software – may be at risk from cyber attacks, data breaches or fraud. Those who fail to protect their property or client data face even greater danger when they fall victim to an attack. Given the complex and evolving regulatory landscape in this area and the potential for significant fines, expert advice is vital in identifying the relevant requirements and understanding the steps needed to ensure compliance.

At Penningtons Manches Cooper, our lawyers are leaders in this field, and at the vanguard of cyber security and cyber crime prevention. We recognised cyber law as a distinct and emerging legal specialism at a time when its parameters were first being defined, and our practice consistently offers clients both technical excellence and a practical understanding of the key issues.

Close collaboration between our data protection and privacy, reputation management, commercial dispute resolution and white-collar investigations teams ensures our lawyers are able to apply their knowledge and experience across the vast spectrum of civil, criminal and regulatory law to this area.

What we particularly appreciate about Penningtons is their excellent and rapid work and their high level of understanding of the context of issues.

Chambers UK

As AI becomes increasingly integral to cyber security, it brings both opportunities and challenges. Our cyber security team is well-versed in navigating the complexities of AI integration, particularly concerning data sensitivity and regulatory compliance. We provide expert guidance on adhering to these fast-evolving regulations, as well as on their intersection with existing regulations around data protection. We can support our clients with risk assessments, ensuring transparency in AI operations, and developing robust data protection strategies to safeguard sensitive information.

Additionally, we defend and prosecute, representing individuals or organisations in relation to matters arising from a data breach or cyber attack, whether internal or external, and work seamlessly with in-house teams whenever necessary. Our lawyers also provide preventative advice and regularly implement cyber security policies and training.

How we help our clients

Advice on preventative measures and policies

Supply chain audits

Cyber security training

Data security and reporting

Control mechanisms for embedded devices

Compliance and regulation

Employee liability and protection

Data breach/incident response

Commercial espionage

Recoveries of ransomware payments

Cyber security disputes

Cyber crime prosecutions

Useful resources

Recent work highlights

Law Commission guidance

Providing guidance to the Law Commission and assisting with its review of current data protection and digital security legislation.

Data breach losses recovery

Acting for an international corporate headquartered in the Middle East on the recovery of its losses following a data breach, and investigating and identifying the method and perpetrator.

Ransomware response and remediation

Advising a national organisation in relation to cyber/ransomware attacks and serious data breaches, including analysing the breaches and coordinating the response and remedial steps.

External ransomware attack

Acting for an international architectural firm on the mitigation of a ransomware attack involving two external threat actors and the release of personal data to the dark web, including co-ordinating with US counsel and liaising with the UK Information Commissioner.

Contracts for cyber security consultancy

Advising on contractual arrangements for a leading cyber security IT consultancy which designs, builds and supports secure collaboration environments for UK central government and organisations with the highest security requirements.

Data breach reporting

Assisting a multinational oil and gas company on the development of a global data breach reporting manual, developing FAQs for breach identification and reporting as part of the client’s compliance programme.

Charity security guidance

Providing bespoke advice to a charity on how to mitigate against the risks of a cyber attack and how to deal with an incident if and when it arises.

Charity security guidance

Providing bespoke advice to a charity on how to mitigate against the risks of a cyber attack and how to deal with an incident if and when it arises.

Keep exploring

Contact us

Please complete the short form below to send us your enquiry. We will be in touch shortly with a reply.

If you need to speak to someone soon, call:

We will only use the information you provide to handle your enquiry. Please read our privacy policy for more information.