Archives: Expertises

Notary Services London

We provide notarial services to both private and corporate clients.

What is a Notary?

A Notary is a qualified and certified person that can authenticate documents or verify information in a form which is recognised in the UK and other jurisdictions.

Notaries are regulated by the Faculty Office of the Archbishop of Canterbury. For more details please click here

When would you need a Notary?

• businesses that trade with foreign countries
• businesses dealing with international IP and contractual matters and one that often needs an urgent response.
• when setting up a business abroad
• buying or selling property
• bringing or defending a court case in another country.

The process

Authentication of company documents can require detailed and complex investigations. It may be necessary for the Notary to establish that the company has been lawfully incorporated, that it has the powers to carry out the proposed transaction and that the company has authorised the officers or other individuals to sign on its behalf. Company searches may be required in support or as proof of certain corporate acts.

GSC is able to liaise with lawyers overseas and Foreign and Commonwealth offices, embassies and consulates and also work with top translators for all major languages. We can also arrange legalisation or Apostilles.

Fees

There is no standard fee for a notarial execution of documents; we will provide a cost proposal based on an initial no obligation discussion.  These are based on :

• What service you need – witnessing signatures, certifying copy documents, obtaining Apostille etc
• The type of documents concerned – for instance is it a Power of Attorney that you need witnessing
• Who is signing or presenting the documents – are they personal papers or for a Company?
• How many documents are there?
• Which country they are to go to.

International Corporate Investments

Specialists in international corporate investments

As markets have evolved and became global, so has GSC’s focus. Today, we work for domestic and international clients in real estate and corporate investments, for corporations and business leaders, and for entrepreneurs, on work spanning a wide variety of jurisdictions. From the Middle East, India and Pakistan to Azerbaijan and sub-Saharan Africa, we are advising clients with their investments in many sectors, including:

• Oil and gas
• Logistics
• Tourism
• Healthcare
• Hospitality
• Agricultural
• Real estate development

Trade marks – Intellectual Property

Our Intellectual Property team advises on all aspects of the law relating to media and intellectual property. This includes copyright, trade marks, design rights and related areas of competition and European law.

Registering a sign as a trademark is a great way of protecting your company name and branding. We can advise you on the many different types of signs, such as words, logos, pictures and shapes that can be registered.

Our trade mark lawyers can advise you as to the likelihood of a sign being registered as a trade mark – and the types of goods and services that your trade mark should cover and then help you through the registration process.

We regularly register trade marks in the UK and in the European Union and can advise you on the best method to replicate any registration around the world.

If someone is applying for a mark that is similar to yours, we can advise you on how to oppose that application, whether by engaging in opposition proceedings or obtaining other forms of protection, such as co-existence agreements.

GSC’s Media & Entertainment group has been ranked with the Legal 500 editors commenting “The group’s main focus is in the music industry, although it also handles publishing, advertising and digital media matters. Clients include music licensing body PPL, on a raft of enforcement actions and the PRS for public performance enforcement work with Justin Goldspink particularly noted for contentious matters.”

Technology & Internet Law

The fast-moving digital world needs legal support to match. At GSC, our internet lawyers help digital and technology businesses develop, maximise and protect their commercial interests.

 Our specialist Technology & Internet Law Group has an established record of innovation and experience in the technology and IT sector. Whether your business is in virtual reality, cloud computing, e-commerce, or mobile tech, our lawyers have a passion for this sector as well as being legal experts.

 Talk to GSC’s internet lawyers about end to end legal advice on all aspects of internet and digital business including:

• Software development and licensing
• Website development
• Content exploitation
• Fintech
• Health Technology
• Virtual and augmented reality
• Data protection and privacy
• E-commerce
• Internet
• IT and software contracts
• Technology services, cloud computing, and software as a service technology
• Mobile technology and advertising
• Licensing, protection and enforcement
• Manufacturers and resellers
• Software and hardware procurement
• Domain name disputes.

Tax Investigation & Disputes

Defending civil or criminal tax investigations requires highly specialised help from professionals with experience in handling high level tax investigations. At GSC, our tax solicitors help companies and individuals who are facing tax litigation, including white-collar crime/fraud charges and regulatory offences.

Because this type of work is often international in nature, GSC is well placed to:

• Provide solutions on tax enquiries
• Advise on tax investigations
• Negotiate with tax authorities
• Ensure correct amount of tax is payable
• Assist in making voluntary disclosures of unpaid tax
• Advise on confidentiality issues
• Advise on legal professional privilege issues.

Real Estate Lawyers

COMMERCIAL PROPERTY LAW

GSC’s success was built on its property practice, by our real estate lawyers.  Today, the heart of our business is a trusted source of legal expertise for commercial and residential real estate transactions.

We are a firm that takes a modern and commercial approach to property law but retains traditional values.  One of the main things that our clients appreciate is the fact that there is always some level of involvement by a partner of the firm in every matter we deal with.  We ensure that work is dealt with in a cost-effective way for our clients by fee earners at the most appropriate level but always making sure that of paramountcy is the quality and efficiency of the service we deliver.  Your matter will always be dealt with by a fee earner with appropriate seniority to ensure you receive the service you deserve.  Nothing less.

Our clients range from leading property owners and institutional and private investors to developers and builders, banks and financial institutions, hoteliers, private landlords, entrepreneurs, franchisees, blue chip tenants with complex occupational leases, leisure and healthcare property owners, start-up businesses, established business occupiers and high net-worth individuals, UK-based or off-shore.

Each of them values our significant market reputation and experience in dealing with all types of real estate transaction.

We provide advice on property matters at all levels and have acted on some of the most high profile and cutting edge landlord and tenant cases of the last 10 years including the ground-breaking decision of Daejan Investments Limited v Benson and others and, possibly the most important landlord and tenant case in front of the courts in recent years, EMI Group Ltd v O & H Q1 Ltd.

Our clients ensure we are the first port of call when it comes to property law advice.  Make us yours. Talk to GSC’s Real Estate team about:

• Buying or selling commercial property
• Developing property
• Franchises
• Hotels, Leisure & Healthcare
• Leases of commercial property
• Property Disputes
• Real Estate Finance and Banking

ISLAMIC LAW FINANCE

Our Islamic finance department will be able to advise you on a wide range of Islamic finance products including alternatives to the conventional mortgage known as a murabaha contract (fixed rate mortgage alternative) or a diminishing musharaka contract (variable rate mortgage alternative).

We can also advise on a number of other products including ijarah (leasing contract) and musharakah (joint partnership financing).

Islamic finance products are designed to comply with Islamic law and the industry has boomed since its introduction to UK markets in the 1980s. The main concept surrounding Islamic finance is the prohibition on usury (interest). However, Islamic law does not reject the notion of time value for money and financial institutions are therefore permitted a return. The return is usually achieved through risk sharing – financial institutions make a profit on a transaction as a reward for the risk they take in a customer. Alternatively, a financial institution can receive financial compensation as a result of forgoing other opportunities.

Islamic finance products are only available in relation to investments, acquisitions and transactions that adhere to Islamic principles. Therefore, dealing with anything haram (illicit) such as alcohol or gambling is strictly forbidden.

Covid-19 has impacted financial institutions worldwide, however the Islamic banking and finance institutions have managed to remain relatively unscathed. It is suggested that due to providing financing based on profit and loss-sharing, the system is less susceptible to financial crisis and distress. This was also the case in the 2008 global financial crisis.

If you wish to discuss Islamic finance products and the options available please feel to contact Leila Mustafa. We look forward to helping you with your Islamic finance needs.

RESIDENTIAL PROPERTY LAW

GSC’s residential property lawyers deal with high value conveyancing throughout England and Wales, including Crown property and other historical estates.  We understand the complex issues that can arise when dealing with such properties and we know that your best interests are only best served when your conveyancing is managed in a way that fits seamlessly with your tax, family and private wealth management.

That is why residential conveyancing with GSC is never carried out in isolation.  Talk to us and you will find your property lawyers working alongside our Private Client team to ensure all your interests are carefully considered and protected.

Our property lawyers can assist in all aspects of residential property law including the disposal or acquisition of freeholds and leaseholds, lease extensions, enfranchisement and rights of first refusal.

See our Residential Conveyancing Fees

Contact us – we are here to help you.

Property Finance

The GSC team manages a wide variety of real estate finance work, including bilateral and syndicated loans for the acquisition, construction, development and refurbishment of real estate assets.   Understandably, a good portion of the work from 2013 has involved loan restructuring, however we are also seeing new loans made, particularly in the hotel and leisure sector, where we have a particularly strong borrower base.

GSC is also skilled in the tax aspects of real estate finance, and are particularly known for our:

• Broad mix of banks and borrowers: The team acts for a number of major lenders. However, we are equally likely to represent the borrowers. This gives us a strong understanding of the requirements of all parties, contributing to our reputation as practical, deal-making lawyers
• Work in the hotels and restaurants sector: We assist a number of major hotel owners in financing the acquisition, construction and development of hotels. We also act for a number of major fast food franchise owners, particularly companies operating large numbers (often 30 to 50), in all their property finance work
• Another key sector we have specialist expertise is nursing homes; working for the owners and operators of nursing homes handling all aspects of the real estate financing of homes in this highly regulated sector.

Islamic Law Finance

Our Islamic finance department will be able to advise you on a wide range of Islamic finance products including alternatives to the conventional mortgage known as a murabaha contract (fixed rate mortgage alternative) or a diminishing musharaka contract (variable rate mortgage alternative).

We can also advise on a number of other products including ijarah (leasing contract) and musharakah (joint partnership financing).

Islamic finance products are designed to comply with Islamic law and the industry has boomed since its introduction to UK markets in the 1980s. The main concept surrounding Islamic finance is the prohibition on usury (interest). However, Islamic law does not reject the notion of time value for money and financial institutions are therefore permitted a return. The return is usually achieved through risk sharing – financial institutions make a profit on a transaction as a reward for the risk they take in a customer. Alternatively, a financial institution can receive financial compensation as a result of forgoing other opportunities.

Islamic finance products are only available in relation to investments, acquisitions and transactions that adhere to Islamic principles. Therefore, dealing with anything haram (illicit) such as alcohol or gambling is strictly forbidden.

Covid-19 has impacted financial institutions worldwide, however the Islamic banking and finance institutions have managed to remain relatively unscathed. It is suggested that due to providing financing based on profit and loss-sharing, the system is less susceptible to financial crisis and distress. This was also the case in the 2008 global financial crisis.

If you wish to discuss Islamic finance products and the options available please feel to contact us on +44(0)207 822 2222. We look forward to helping you with your Islamic finance needs.

Business Tax

GSC’s Tax lawyers are internationally focused. Our clients are highly mobile, business leaders and entrepreneurs based in regions such as Africa, the Middle East, the former Soviet Republics and South East Asia. Meeting their business tax needs requires more than legal expertise; it takes cultural awareness, a global mind set and broad linguistic capabilities.

This is why GSC tax lawyers come so highly recommended. They have built up a high degree of expertise in understanding high-net-worth individuals in all tax aspects of corporate, commercial and financial transactions, with a particular understanding of those transactions’ impact on business tax.

• We provide comprehensive tax planning advice for foreign individuals looking to relocate or invest into the UK
• We help entrepreneurs realise the sale of their successful ventures in the most tax-efficient manner
• We advise on the most tax-efficient structure to own UK Real Estate
• We use our cross-border experience and knowledge to develop tax structures for inward investment in the UK and internationally.

 

Professional Negligence

Apart from handling ordinary claims for negligence, we at GSC are often consulted regarding alleged failures by professionals, such as solicitors, accountants, surveyors and architects.  Usually any such claim involves the professional’s insurers who appoint one of their panel of solicitors within their vast team of lawyers and what may appear to be unlimited resource.

This area of the law is governed by a special protocol which requires many steps to be taken before court proceedings can be commenced.  The protocol’s aim is to get both sides of the dispute to set out their respective position with some clarity and supported (if appropriate) by expert evidence.  The parties are then encouraged to resolve the matter without troubling the Court.  In practice (and we accept some may think as cynical) insurance companies often like to use the Protocol to delay matters for as long as possible.

The Court’s attitude to professional negligence claims can vary depending upon financial and social market conditions.  For example, in a surveyor’s valuation negligence claims, the Court has repeatedly rejected any attempt to claim against the drop-in value of a property interest due to a fall in the property market, even though the negligent valuation took place in a different market and the purchaser has missed out.

The first point to consider in a potential claim against a professional is to establish the precise ambit of the professional’s retainer.  For example, if legal advice is sought on a transaction, a lawyer may try to exclude the tax ramifications of the transaction.  However in 2017 the Court of Appeal decided that a solicitor has a duty to notify his client that whilst he took one view as to the validity of the tax scheme, it was possible that the Revenue might take a different view and a failure to so explain was negligent.  In reality the Court will expect a client to be told of the risks in the transactions and the options open to him so the client can form a view and whether to take the risk.

It is to be noted that the fact that something goes wrong does not mean the professional is automatically liable.  The test is what a competent professional would have done in the circumstances of the case and that can require expert evidence to be produced.

There are lawyers who are not happy to sue other lawyers but at GSC we don’t have such qualms.  If we consider another professional has not given advice to a competent standard we will advise our clients pursue a claim.  We have found that in most cases the insurance company will eventually make an offer provided sufficient pressure is brought upon them or they are faced by trial unless for the insurance company the case raises a matter of principle upon which it considers people would be helped by a Court judgement.

Jurisdictional disputes including
anti-suit injunctions and conflict of laws

The first topics to be considered in any dispute (contractual or otherwise) are:

• What law applies; and
• what forum, if any, has jurisdiction to deal with matters

Current judicial thinking and practice in England is that recourse to the Court is to be a matter of last resort.

In contractual disputes, the parties often expressly agree how differences are to be resolved.  Sometimes the dispute resolution clause imposes an obligation to negotiate and only if such negotiation fails to achieve a result, can a party proceed to arbitration or a nominated Court (for example the English Court).  Sometimes it is agreed that the dispute is to be decided by an independent expert.

Current English practice appears to treat any contract stated to be governed by the laws of England and Wales and subject to the jurisdiction of the Courts of England and Wales as giving exclusive jurisdiction to such Courts, even if the contract does not use the word “exclusive”.  The ramifications of the English Court having jurisdiction are considerable, not just from the costs perspective but also from the perspective of disclosure of documentation, evidence and trial.  Our common law procedure is different to the Court process in many other countries.

If the contract requires problems to be resolved by arbitration, then a party who ignores the relevant clause and simply seeks to involve the Court straightaway can soon find himself facing an application to stay or even strike out such proceedings with all the expense that can entail.  Any such application to stay must be made promptly and with full disclosure of fact, otherwise the Court will assume that objection to its jurisdiction has been waived.

Likewise if the parties have agreed that all proceedings are to be determined by the Courts of a country other than England and Wales, then if one party starts proceedings in say England, the other party should make an immediate application to the English Court for an anti-suit injunction and do so before taking any steps which would recognise the jurisdiction of the English Court as this will waive the contractual requirement.  Again full and frank disclosure will need to be provided.

The arguments can be complex; speed and efficiency critical.  The Court process and the evidence required can be mystifying, strategic analysis is all time critical but as we at GSC have dealt with many cases involving these jurisdictional issues, we can help you through.