Harrison Drury secures adjudication result in building dispute

Posted by Communications Director Jul 19th, 2011, in Case studies, Dispute Resolution, Property

A property developer has been ordered to pay almost £40,000 in additional fees to an architecture practice after a successful adjudication result secured by Harrison Drury Solicitors.

The dispute arose following the delayed completion of a new housing development which, according to the claimant Core Design, resulted in significant additional work outside what it was contracted to provide under its fixed-price building contract.

The scheme of four blocks of flats on the site in Chesterfield had been due to complete in February 2008, but work was not finished until March 2009, prompting the adjudication proceedings.

Acting for Core Design, Harrison Drury successfully argued that the additional works caused by the delay amounted to a “changes in the programme of works” under the building contract and that its client was therefore entitled to payment for those additional works. (more…)

HD advise in historic Lancashire trout farm MBO

Posted by Communications Director Apr 12th, 2011, in Case studies, Mergers and Acquisitions

(Pictured L-R David Filmer of Harrison Drury Solicitors, with David Jones and Philip Mart)

A historic Lancashire trout farm is set for expansion after being purchased in a management buyout (MBO) for an undisclosed sum.

Dunsop Trout Farm, which was established at Dunsop Bridge, Clitheroe, in 1926, has been purchased by Philip Mart and David Jones from previous owners, the Birtwistle family.

Dunsop Trout Farm is one of the oldest in the UK and acts as a restocking farm for brown and rainbow trout, replenishing fish supplies in rivers and reservoirs used by angling clubs. The business has three employees.

Philip, who has been managing the farm since 2000, said: “We currently produce around 45 tonnes of fish annually for restocking, but we want to grow the business. As part of this buyout we are looking to increase production, as well as exploring other expansion opportunities including a smoking house and farm shop, which would allow us to move into retail too.”

Philip and David were advised on the purchase by the mergers and acquisitions team at Harrison Drury Solicitors. (more…)

£80,000 claim dismissed after Harrison Drury legal challenge

Posted by Communications Director Jan 20th, 2011, in Case studies, Dispute Resolution

A chartered surveyor who was sued for £80,000 after a property dispute has had the claim against him withdrawn after Harrison Drury successfully challenged it on his behalf.

The claim was made against the Midlands-based surveyor alleging he was negligent when he prepared a deed plan for use in the sale of a house in 1998.

The dispute was complicated as it was alleged the ‘defective’ deed plan had given rise to a boundary dispute with a neighbour. (more…)

Case study: contract guards against unfair competition

Posted by Roger Spence Dec 2nd, 2010, in Business Protection, Case studies, In HD enewsletter

A client in the North West automotive sector approached us after a disgruntled employee resigned and set up in competition, while also pursuing a legal claim for constructive dismissal.

How your key players can become arch rivals

The former employee’s lawyers were threatening to go to an Employment Tribunal following allegations he had been unfairly treated in a number of ways, which included the level of bonus payment awarded to him.

Although our client had a robust defence, the prospect of having to defend an Employment Tribunal claim represented a major management headache. However, the former employee had signed a post-termination restrictive covenant, drafted several years earlier which barred him from competitive activity for a specific period.

Why restrictive covenants are crucial for safeguarding a business

We countered the move to bring a constructive dismissal claim by threatening to seek an injunction at the High Court to enforce the post termination restriction. Almost immediately, the other side hoisted the white flag.

Not only did the ex-employee drop his constructive dismissal claim, but also agreed to sign binding and enforceable undertakings that he would immediately cease trading and would respect the post termination restrictions.

The restrictive covenant was so tightly drafted in favour of our client that the issue was settled quickly and efficiently, avoiding the need for an expensive and time-consuming Employment Tribunal.

Vital steps you should take

All businesses can protect their legitimate business interests by barring key employees from dealing with or soliciting work from customers and suppliers for a period of time. This can be done within the employment contract. However, it is vitally important that such restrictions are drafted on a bespoke basis to avoid the risk of the courts determining they are too broad to be enforceable.

When recruiting key members of staff who will soon have the ear of your customers and suppliers, it is crucially important to ensure restrictive covenants are added to their employment contracts. An audit of your existing key employees is also highly advisable to ensure that they too are covered.

By taking this cost-effective action, a business will gain a set period when it can focus on strengthening relationships with customers or suppliers who might be tempted to move to a competitor or a new business set up by an ex-employee.

If you require advice on post termination please call Roger Spence on 01254 258321 or email roger.spence@harrison-drury.com

In HD news articles:
Welcome to our enewsletter, In HD, issue one
Remove the burden and risk of employment claims
Case study: contract guards against unfair competition
Don’t let boardroom disputes become a turf war
Delivering results: testimonial

HD rescues 25 jobs at Palgrave Brown

Posted by John Chesworth Jan 15th, 2009, in Case studies

It was a real case of one door closing and another one opening for some staff at troubled timber merchant Palgrave Brown.

After a great deal of hard work with Ian Douglass, from Douglass Grange Chartered Accountants, we helped safeguard 25 jobs following the acquisition of Palgrave Brown’s doors division.

We advised Pendle Doorsets Limited on its acquisition of the business and assets comprising Palgrave Brown’s door division based in Castleford. The purchaser also agreed new lease terms with British Waterways for the continued operation of the business from its canal side premises. (more…)

Sites secured for sustainable energy company

Posted by Communications Director Oct 31st, 2008, in Case studies

After lots of hard work, we recently secured two sites for a Lancashire-based renewable energy company to develop eco-friendly Energy from Waste (EfW) plants.

We have secured prime plots in Newport and Doncaster for BioGen Power to embark on its £600 million project to develop its advanced thermal treatment (ATT) technology that turns waste into energy across the country.

We have been retained as legal advisors on the site assembly and will also act on the acquisition of a further seven sites across England and Wales.

John Chesworth, managing partner at Harrison Drury, secured the 4 acre site at Newport Docks from Associated British Ports (ABP), the UK’s largest ports group, and the 4.25 plot in Doncaster from a private investor.

He said: “This is a major coup for Harrison Drury as BioGen Power is a big organisation with exciting plans, which tick all the right boxes relating to job creation, regeneration and using energy from waste that will drastically reduce the amount of rubbish sent to landfill. It has been a complex and drawn out process to complete the legal aspect of securing the sites but now that is complete its all systems go to get the two sites up and running by 2012.”

Chris Reeve, BioGen’s chief executive officer, added: “This is a major step forward for BioGen to start work on our ground-breaking technology that will help reduce landfill waste by converting it into a clean and sustainable energy source. These sites in Newport and Doncaster will be among the first in the country to operate our EfW technology, and with Harrison Drury’s help we aim to secure more plots to build and operate further plants in England and Wales.”

The Sparling

Posted by Communications Director Sep 30th, 2008, in Case studies

We’ve recently advised gastro pub chain, The Sparling, on its purchase of a new site in Lytham. The Sparling has secured funding to transform the former Conservative Club building on Hastings Place in Lytham into one of the county’s finest pub and dining experiences. We have been involved in this project since the beginning of the year because the structure of the deal took some time to formulate in the current financial climate.

(more…)

Ravenscroft

Posted by Communications Director Feb 18th, 2008, in Case studies

We recently advised on the buy out of one of Lancashire’s largest independent social care providers which has been acquired for £2.85 million. We have been advising Ravenscroft Homelink and Practicare Ltd for 30 years and were happy to assist with the deal having worked with them for such a long time. Preston-based Ravenscroft Homelink and Practicare Ltd, both part of the Ravenscroft Group, have been bought by the Claimar Care Group Plc, a leading provider of domiciliary care services across the North West and Midlands.

Double deal

Posted by Communications Director Feb 7th, 2008, in Case studies

We have recently been very busy pulling together several projects and deal activity appears to be on the increase. In the last few months we have been appointed by new clients, the Faisaltex Charitable Trust, and the owners of The Sparling, to act on future projects. We currently have several other deals in the pipeline which shows that businesses in Lancashire are far from curtailing their ambitions for 2008, which can only be good news for the region and its economy.

Bromak

Posted by Communications Director Aug 14th, 2007, in Case studies

We have recently been involved with helping Bromak, a construction recruitment company, to expand their business. The company currently has a turnover of £6.7 million, and we advised the management team there on signing a lease for a 2,000 square foot property on Oxford Road in Manchester. The new premises will see the company’s Manchester team double from eight to 15 staff in the next 12 months.

Bromak director Dave Brooks said: “Harrison Drury was invaluable in helping us secure the new lease and they are now guiding us through the same process as we move from Huddersfield to a prime location in Leeds in an attempt to have the same presence in Yorkshire as we currently do in the North West.”