personally speaking
www.biggartbaillie.co.uk
Business brains – thinking ahead to There’s one thing that confirms Biggart Baillie as one of the most trusted names in law – our dedication to client service. It’s this approach that makes us one of the leading law firms in Scotland. So, what have we been up to recently?
stay ahead Contracts, floatations, pensions and everything in between. The past 12 months have been busy. And the variety was as broad as ever. We advised on more than 125 deals, which added together had a value of well over £2 billion, in a range of areas including commercial property, banking and mergers and acquisitions. New names Our reputation for keeping hold of our clients is no accident – it’s part of our culture, and something we work very hard at maintaining. How can we be sure of delivering the best advice for each client? By recognising each one individually and really getting to know what makes their business tick.
Since we work so hard on behalf of our existing clients, others also want to work with us. International names such as JP Morgan Chase Bank N.A., The Blackstone Group, Alba Bioscience and others turned to us for advice. Other client wins include: Caledonian Maritime Assets Clyde Importers SP Power Systems Limited University of Strathclyde Babcock Marine Siemens plc Deutsche Postbank AG Benetton Yo! Sushi Samsung (Deutschland) GmbH Glasgow City Council Scottish Environment Protection Agency Falkirk Council
Personal trust – what our Personal Trust – What our clients say “…very reliable, professional and very commercial. You did an excellent job for us and I would not hesitate to recommend you.” “……provide an excellent service adding value through innovative ideas and not always blindly following instructions. They are responsive but never lose sight of the detail required. Their strong reputation in the Scottish market holds great authority.” “Proactive, commercially focused and dedicated to furthering their clients’ interests - you can be assured that the Biggart Baillie team will still be in the office when others have left for the evening. As a quality organisation we expect a quality service and Biggart Baillie do not disappoint.” “Biggart Baillie’s team add value to projects by focussing on understanding the commercial and operational objectives.” “Working with Biggart Baillie is a pleasure. The team fully understand our business and legal requirements and deal with all matters promptly and efficiently.” “I trust their advice.”
clients say Personal Comments - What the others say “Clients praise the range and quality of advice on offer at this well-respected firm” Chambers and Partners
“Always delivering on time and offering a great wealth of resources,” Chambers and Partners “The aura of accomplishment conveyed by this firm is backed by the presence of some extremely astute legal minds” Chambers and Partners
“Clients consistently receive ‘excellent advice and quick responses from the whole team’ at Biggart Baillie LLP, appreciated for its ‘very practical approach’. Legal 500 “Clients are impressed by its proactive attitude’” Legal 500 Biggart Baillie LLP repeatedly demonstrates that it stands above the pack through a practical approach to difficult problems, quick turnaround of documents and advice, and depth of specialist resources and knowledge Legal 500
In the future, how could we help you?
Get ready – real estate We’ve been described as ‘a leader in retail’. And yes, we have a great many clients in this sector – including WHSmith, McDonalds, Marks & Spencer and Next. However, the scope of our real estate expertise is broader still. Commercial clients include ScottishPower, Marriot International, BBC and Whitbread Group PLC. Ask many clients why they turn to us and they will cite our ability to operate not only in Scotland but in England, Wales and further afield. At the same time, our work with government agencies, local authorities, colleges and leading universities shows the real commercial value we can add especially in areas such as VAT, stamp duty land tax and corporate capital gains tax. We also have strengths in areas such as property finance, investment and development.
However, the true draw is the level of service on offer – we work to get the job done efficiently, quickly and cost-effectively.
On The Move BBC Scotland When BBC Scotland turned to us for advice, they were already aware of our commercial property expertise. With the disposal of their historic headquarters site in the West End of Glasgow as a key business consideration, we sealed the deal at £18 million plus potential overage to developers Blackrock and Applecross/Esk, for redevelopment as high quality hotel and residential units.
been converted to Whitbread’s Premier Inn brand, giving Premier Inn an additional 1245 hotel rooms across the UK. Transformers Falkirk Council In transforming the largely 1960s central area of Grangemouth Town Centre, Falkirk Council appointed us to act for them in this substantial regeneration project, remodelling the town and providing greatly enhanced facilities for the local community.
Taking Stock Open Doors Whitbread Group In a sector that’s as fast moving as leisure, we worked on a swap of pubs and hotels enabling Whitbread to dispose of 44 of its pub restaurants to Mitchells & Butler in exchange for 21 hotels operating under the Express by Holiday Inn brand. These have
Glasgow Caledonian University We are working with Glasgow Caledonian University to build a major new overseas Student Centre, with 30,000 square feet of new teaching space, a 350 bed student residence complex and all related facilities.
Crunching Credit JP Morgan Chase Bank N.A. When JP Morgan Chase Bank N.A. needed assistance in a number of building society mortgage book acquisitions, including the £2.28 billion acquisition of 34,000 equity release mortgages across the UK, they looked no further than our property finance team.
Fresh thinking – corporate Our corporate team has one of the widest briefs in our business, and regularly draws on the expertise of our other in-house teams to help achieve your goals. We don’t believe in over-complicating your life, or indeed simply subscribing to received wisdom. And we certainly don’t let an over-cautious approach get in the way of doing business. Overall, we work with you to grasp the opportunity and get a fresh perspective on your deal across the following areas of expertise: Banking Commercial Corporate finance Corporate recovery Corporate tax Energy IP, IT and competition law Pensions Projects
expertise Powering on
Corporate lifeblood
A global venture
Axeon Holdings plc Axeon – headquartered in Dundee and listed on AIM – specialises in advanced green energy solutions for industrial and automotive applications. The company also manufactures battery packs.
Alba Bioscience Alba supplies vital blood-typing reagents and other products used by the NHS, major diagnostics companies and blood transfusion services worldwide. We were asked to help structure a spin-out deal for the company, which was part of the Scottish National Blood Transfusion Service.
Kenmore Property Group Kenmore manages in excess of £1.7 billion of investments around the world, and had several joint ventures with the Bank of Scotland.
Axeon planned to acquire Ristma, which manufactures and supplies battery packs to household names such as Bosch and Hilti. Ristma is Swiss with subsidiaries in Poland and Germany. The deal involved instructing lawyers across Europe, co-ordinating the due diligence, structuring the acquisition as well as the debt and equity fundraising. On the back of a successful conclusion, we helped Axeon raise a further £12 million.
When Quotient BioResearch joined forces with the in-house management team, we acted for them in concluding the acquisition. There were a number of issues to work through, including transferring employees from the public sector, pensions advice and intellectual property. We helped successfully conclude the deal, including an equity stake for the Alba management team.
We acted in restructuring Kenmore’s bank facilities of circa £1 billion with the Bank of Scotland and optimising its joint ventures with them. This required a series of transactions, including putting in place complex profit sharing mechanisms and a comprehensive security package.
Stay on track – infrastru Let’s make no mistake our Infrastructure, Environment and Transport team has the strength and in-depth expertise you’re looking for – from harbours to wind farms to public transport to roads. The main areas we advise on are planning, environment, transport, parliamentary and infrastructure. So, if you’re involved in a major UK infrastructure project, we can advise on every aspect – saving you a huge amount of time and effort. Above all, we work to keep our solutions as clear and pragmatic as possible – adding clarity to even the most complex projects.
cture Green light
Renewed interest
Harbour masters
Edinburgh trams Tight timescales. A novel delivery structure. And a £592 million investment. The Edinburgh trams project is certainly unique – we acted on behalf of Siemens, who provided the infrastructure for this massive project.
Wind farms Wind generation is gaining pace. With the Scottish Government now expecting to see 50% of the country’s electricity coming from renewable sources by 2020, we’re representing local authorities, as well as developers, in this rapidly changing sector.
Rosyth Port This is another big harbour project – with Babcock Marine looking to maximise the potential of the existing port at Rosyth. We have gained a new class of authorisation for the work they already carry out there – giving Babcock complete control of the harbour.
Our work included handling negotiations with Edinburgh City Council, clarifying available powers and understanding the contractual and financial responsibilities. It was also about ensuring future elements of the contract align, as well as dealing with any issues that arise.
Although each project is unique, we advise on contractual, property, planning and environmental issues, co-ordinating the submission and dealing with objections.
The work drew on our expertise in engineering and general commercial projects, with a heavy emphasis on specialist procurement and intellectual property. And all the expertise we needed was in-house.
The company is also looking to expand at the port, with an eye on the container freight business.
In control dispute manag Commercial disputes, Property Litigation, Employment, Judicial Review, Procurement, Pensions, Health & Safety and Intellectual Property. The range of our dispute resolution work is as broad as the range of disagreements people have. Our clients are equally well spread – from local authorities and public bodies, through to pension fund trustees, corporate, commercial, retailers, landlords, tenants and individuals. We work to get the best commercial result for our clients – which can mean mediation, arbitration, negotiation, adjudication or litigation. We utilise all available means of dispute resolution. We offer clients the choice of representation in the Court of Session without the need to instruct advocates – thanks to our team of solicitor advocates. For many clients, there is a great appeal in a one-stop shop; in certain cases it can be a more cost effective solution for our clients. We utilise the fast track procedures available within courts to obtain speedier and cheaper resolutions for our clients.
ement Employment We offer a comprehensive, forward looking service to clients on contentious and non-contentious employment issues in the private and public sectors, together with advising and representing for tribunals and court actions. Our leading edge advice ranges from advising on HR issues to corporate transactions to TUPE and equal pay claims. Clients we have represented include Renfrewshire, Highland, Aberdeenshire and Fife Councils. Pensions The long running Blyth & Blyth pensions scheme litigation concluded early in 2009. This claim for professional negligence directed against a Scheme Actuary concluded with a satisfactory settlement following mediation. Public Procurement This has been an area of growing activity recently and in these exacting times where
margins are increasingly squeezed we expect to see further challenges in this area. We acted in a leading edge litigation regarding complex Public Procurement Legislation. Our commercial and dispute resolution experts were invaluable in the widely reported Lightways Contracts challenge to the awarding of a Tender by a local authority.
Commercial Disputes History shows that when times are tough conflict rises. We are seeing that in the commercial world where businesses are having to work harder for their money. This is creating an upturn in disputes and a greater need for creative commercial solutions. Our team has never been busier. Health & Safety
Property Dispute Management Our Property Dispute Management team deals with all types of disputes, which covers commercial property, including sales of residential developments, pipeline disputes and rent reviews. Dilapidations and other commercial lease disputes continue to be a stalwart of the PDM department with disputes handled by the team remaining in excess of £20 million. Our team works daily with the major property agents and retailers throughout Scotland.
When our clients are facing court action after an accident we are with them advising them every step of the way. In the past year we have represented clients at Fatal Accident Inquiries, in HSE prosecutions and in civil damages claims. From fatalities to minor injuries, from construction sites to care homes to outdoor activity centres, our team has helped a range of clients from all sorts of industry sectors. Our clients have been delighted with not only the results we have obtained, but also with the way we manage what can often be a difficult process.
Personal touch private business, ch If you already know Biggart Baillie through our commercial work, you won’t be surprised by the attentive, tailored service offered by our private client team. We can help you with almost any aspect of your personal affairs, from taxation to trusts, to wills, and assist with your investments. We pride ourselves on offering pragmatic solutions to what can be sensitive issues – including powers of attorney covering welfare as well as financial issues. Increasingly we are asked about overseas property and inheritance matters. More and more clients are turning to us to ensure their wishes prevail. Many clients are shocked to discover that the legal system both at home and abroad may disregard their wishes when it comes to who inherits their home. We can help make sure your will takes account of this to help ensure your estate is divided up exactly as you planned. Another key part of our work is with charities. With an increasing emphasis on compliance with the Charities and Trustee Investment (Scotland) Act 2005 and the impact of Rolling Review, many have now discovered that they may no longer meet the definition of a charity. If you are concerned about your charity’s status and the implications of the regulatory regime of the Act, we would urge you to contact us as soon as possible.
arities & tax Adding value to VAT
The perfect setting
East Park Home East Park Home - a school for children with learning disabilities – had plans to construct a new school. However, East Park’s charity status meant that they couldn’t reclaim the VAT on construction costs – a serious barrier to the project’s success.
Fraser Hart Holdings Fraser Hart Holdings – one of the UK’s leading jewellery chains and a long established family owned firm – is perhaps best-know for its retail brand Fred Hill. We advised the family members on the sale of the group to Irish company Anthony Nicholas Group.
They turned to us for advice on structuring the project. We presented the case to HMRC and secured a zero rating on the ground works and demolition, even though the construction project procurement hadn’t yet been awarded.
It was a complicated deal, due to a complex group structure which featured some 12 companies under the main holding company. We worked to unpick property assets from the main group, and then lease them back – an essential part of the presale restructuring process. Our work also included advice on tax warranties, disclosure and indemnities – resulting in a smooth and successful transaction.
Taking business per taking
sonally you higher Who are we? How do we work? What can you expect? The answers to these questions will always come back to our core belief: ‘Taking Business Personally’. Our reputation rests on our commitment to personal service and going beyond the brief. Just ask our clients – they’re sure to recommend us.
Corporate and social responsibility
Our services
When it comes to our community, we take our commitments very seriously indeed. We’re carbon neutral, recycle our IT equipment into local community projects and support staff fundraising projects on a range of charities including the Three Peaks and Rob Roy challenges.
Banking and finance Competition law Corporate & commercial Corporate recovery Dispute management Employment Infrastructure, environment and transport IP and technology Pensions Property Starting a business Tax Your personal business
Our people At Biggart Baillie, we take your business personally. Our clients come to us because they want to work with people with firstclass expertise in every area of business – and a dedication to customer service. It’s this approach that makes us one of the leading law firms in Scotland. We work with clients throughout Scotland, the UK and internationally, from our offices in Glasgow and Edinburgh.
To find out more about these services, visit www.biggartbaillie.co.uk
Taking you higher Now you’ve seen what we’ve been doing, there’s only one more question – how could we help you? Remember, this overview represents only a small sample of our expertise. Whatever you’re looking to achieve at work or with your personal affairs, we’re sure to have the expertise you’re looking for. All you have to do is ask. Call us or visit our website.
contact Glasgow: Dalmore House 310 St. Vincent Street Glasgow G2 5QR
Edinburgh: No. 2 Lochrin Square 96 Fountainbridge Edinburgh EH3 9QA
Tel: +44 (0) 141 228 8000 Tel: +44 (0) 131 226 5541 Fax: +44 (0) 141 228 8310 Fax: +44 (0) 131 226 2278
For more information about our services, please visit www.biggartbaillie.co.uk
Taking business personally
Biggart Baillie LLP is regulated and authorised to conduct business as solicitors by The Law Society of Scotland and is subject to its Code of Conduct. ŠBiggart Baillie LLP. Issue 2
Made from 100% recycled paper. Taking the environment personally.