clarke willmott

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how we helped our clients

Here are some of the best examples of how we have helped our clients:

Fast Food retailer

We acted for a well known fast food retailer on the administration of one of its larger franchisees, we have secured a position where all outlets have been saved and have either returned to the client or been passed to new franchisees without any break in trading. In total; 16 outlets were transferred to the client within 2 weeks, with the remaining outlets being secured within 2 months. We also succeeded in recovering rent arrears from previous tenants of some of the outlets.

Leisure sector company

We acted for a national leisure sector company on a claim in excess of £6.5m relating to the defective construction of a car park and floor slab and consequential tenant liability. We settled the claim without liability to the client by requiring the contractor to carry out remedial works and obtaining warranties and indemnities in respect of ongoing liabilities.

Joint venture

We acted for a joint venture development company to secure the enforcement of options vital for a new settlement of mixed use development worth £10's of millions.

We have also acted on connected claims against other professionals.

Housebuilders

We acted for a national housebuilder in defending claims for damages in excess of £1m by an action group arising out of a development.

We acted for a national housebuilder in a dispute over development site drainage infrastructure and flooding problems.

Supermarkets

We acted for a major supermarket retailer on a contested lease renewal, where their landlord sought to recover the shop for its own occupation. In result; we were able to secure an extended period of occupation for our client, a minimal dilapidations liability and a proposed transfer of all staff under TUPE regulations.

We acted for a major supermarket retailer in a dispute following their sale of land on a business park, where the purchaser refused to settle an overage payment. The purchaser tried to argue that our client had failed to sell all of the land that the purchaser believed it was entitled to, and counterclaimed substantial damages. Following a successful mediation, the client received a large sum of money in respect of its claim and costs.

Holiday park

We acted for one of the largest Holiday Park operators in the UK making submissions on their behalf and liaising with the DTI in respect of the appropriate Licence conditions for the caravan and holiday park industry, and successfully taking to trial the complex issue of when a residential caravan or mobile home ceases to become "mobile" and therefore ceases to be a chattel and so potentially the occupier becomes protected by the Rent Acts.

We successfully obtained a detailed judgement providing that 4 caravans on one of our client's parks had not ceased to be mobile and so possession orders were obtained enabling the redevelopment of the site.

DIY retailer

We advised a well known DIY retailer on a terminal dilapidations claim, increasing by £200,000 the amount offered by the tenant and enabling the client to recover in excess of £0.5m within weeks of us being instructed without the need to issue proceedings and at minimal cost to the client.

Logistics company

We advised one of the largest logistics companies in Europe on complex lease break provisions and successfully operated contentious break options on 40 acres of storage space, including giving advice on planning procedures to be followed to enable termination of lease of large area of unwanted space.

Biscuit Manufacturer

We acted for one of the leading European manufacturers of biscuits and snacks in successfully bringing to a conclusion a dispute over termination of a lease for large office premises, including resolution of £2m dilapidations/reinstatement matter and achieving releases from landlord.

Water utility company

We advised a listed water utility company on high pressure water mains build-over problems, including proceedings for injunctive relief and damages and settlement negotiations.

Software company

We acted for a major computer services and Software Company in a c. £1.5m dilapidations and reinstatement dispute on large commercial premises, and advised on contentious alienation issues on other sites.

Wine merchant

We advised a national wine merchant chain on various commercial leasehold disputes, including unreasonable withholding of consent to sublet, service charges, 1954 Act lease renewals and injunction disputes over interference with access and parking.