Our transactional services
Our tax team advises on the acquisition, development, leasing and disposal of property and operating assets including industry specific treatment of VAT and stamp duty land tax.
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Investment and financing: We understand the unique financing needs of the industry, and our corporate and banking teams work closely with clients to develop bespoke investment and financing strategies, leveraging our knowledge of private capital markets and lenders and other debt providers to optimise funding structures for hotels, resorts, and leisure developments. Types of funding include direct equity investment, asset backed lending and property development finance.
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Mergers and acquisitions: Farrer & Co advises both sellers and acquirers on mergers and acquisitions within the hotels and hospitality industry. Our team has a proven track record of facilitating successful transactions, providing strategic advice, and conducting thorough due diligence to protect our clients' interests. This includes acting for inbound investors and UK based owners or operators on the acquisition or sale of hotel or hospitality sites and the underlying operating business.
Our advisory services
- Brand protection, franchising and licensing: Brand protection is paramount. Farrer & Co specialises in intellectual property, helping clients safeguard their brands, trademarks, and other created assets. Whilst protecting the value and reputation of the brand for the longer term, we also offer legal advice to ensure that franchise and licensing agreements align with business goals, exploiting intellectual property rights; to commercially foster mutually beneficial partnerships in the competitive hospitality landscape.
- Commercial contracts: In addition, we advise on the underlying commercial contracts to operate a successful business including property management agreements, contractual joint ventures, supply chain agreements, outsourcing and critical IT and technology contracts.
- Collaboration with agents, designers, and architects: Collaboration can often be key in successful hospitality ventures. We work closely with agents, designers, and architects, offering legal support on management agreements, terms of appointment and intellectual property matters to ensure seamless teamwork and successful project delivery.
- Sustainability and compliance: In an era where sustainability and ethical business practices are paramount, our firm assists retail and consumer clients in navigating complex regulatory landscapes. We provide guidance on compliance with environmental, social, and governance (ESG) standards, helping businesses align with evolving consumer expectations.
- Construction: We work with national and international owners and operators on construction projects of all sizes and types. Our team advises across all legal issues from contracts and appointments to security documents, guarantees and collateral warranties.
Our dispute and regulatory services
- Dispute resolution and risk management: We work closely with businesses ranging from restaurant and hotel groups to casinos and theme parks. When challenges arise, our dispute resolution experts are equipped to handle disputes and mitigate risks. From complex corporate and shareholder disputes, landlord and tenant matters, contractual issues across the length of the supply chain, reputational and brand risk through to regulatory matters, we provide strategic advice to protect our clients' interests and uphold their reputation.
Within this sector, where business value and goodwill are often closely tied to physical property assets, real estate disputes frequently arise. Our Property Disputes team provides pragmatic advice at an early stage to provide clients with a firm understanding of the technical issues and risks to allow informed strategic decisions to be made. If and when court proceedings are issued, the team represents clients at all levels of the judicial system, helping them to navigate a high-pressured process cost effectively and protect their property interests.
- Data protection: We draft the full suite of policies required under the UK GDPR, advise on electronic marketing, and help clients when things go wrong (including data breaches, subject access requests, and ICO complaints). We also help clients build and then harness customer data in a compliant manner, and advise on compliant international transfers for global businesses.
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Employment and immigration: We advise clients on their day to day employment matters when owning and operating hotels, leisure and hospitality sites as well as providing immigration advice to UK and internationally based businesses in the sectors. This includes preparing and negotiating employment contracts for senior management, preparing workplace policies and advising on business transfers under TUPE (transfer of undertakings regulations) whether in relation to operators or franchisees.
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Environment and planning: Our environmental specialists advise property owners, tenants, developers and investors on environmental law including waste handling, contaminated land and energy use. Our planning specialists advise on infrastructure planning, development control, plan preparation, planning agreements and due diligence. In particular we work with developer clients on the planning application process, planning obligations (section 106 agreements) and highway agreements and our investor clients on due diligence to identify and mitigate any environmental or planning risks or issues.