Automotive | Experience

FSP's highly experienced Automotive group is situated in the heart of the automotive industry

Group contact

Tom Maple

Tom Maple

Examples of recent work undertaken by members of the Automotive group include:

Corporate & Banking

Wholesale Finance Documents
Preparing a new suite of wholesale finance and security documents regulating the commercial relationships between the finance company of an international vehicle manufacturer and its dealers for new, registered and used motor vehicles

Security Ranking Arrangements
Advising motor finance companies on various ranking arrangements with dealers and other finance companies.

Dealer Ranking Arrangements
Advising a multi-franchise, multi-site group dealership on its finance arrangements.

Dealership Acquisitions
Acquisition of a multi-site franchised dealership for a marquee brand for circa £10m and advising on the acquisition of a prestige cars franchise which included three large showrooms.

Private Equity Investment
Advising the management team of a group of car dealerships on the private equity backed acquisition of the group.

Property

Acquisitions and Disposals
Acting for a nationwide supplier in the automotive industry on all acquisitions and disposals since 2009, most notably the acquisition of a 770,000sq. ft distribution hub.

Working with the corporate team on the property issues relating to the acquisition of a multi-site franchised dealership for £10m, as well as the advising on the acquisition of a prestige cars franchise which included three large showrooms.

Leasehold

We recently advised a multi-site franchise on its showroom lease extensions and bodyshop land leases.

Commercial Contracts

Leasing Agreements
Advising a client on the terms of 3 long-term hire framework agreements for its car and delivery vehicles plus materials handling vehicles for its warehouses. We were heavily involved in the commercial negotiations with the lease companies and guided the client through complex commercial and tax issues.

Outsourcing Contracts
Advising a vehicle manufacturer client on arrangements for the outsourcing of fleet solutions, recruitment of temporary and permanent staff and database marketing activities.

Employment

Restrictive Covenants
Advising a Formula 1 team with regards to the enforceability of its post termination restrictive covenants

Unfair Dismissal & TUPE
Advising clients on various employment issues such as TUPE transfers and unfair dismissal claims.

Dispute Resolution

Breach of Finance Lease Documents
Acting for a large fleet-hirer of motor vehicles who supplied circa 150 vehicles to a third party company on various different finance agreements e.g. conditional sale and hire purchase. The hiree breached its contractual obligations. Various legal actions followed including injunctions and a search and seizure order.

Commercial Agency Dispute
Advising a manufacturer client on a dispute with a commercial agent responsible for selling its vehicles to a market sector overseas.

Product Liability Disputes
Advising clients on a number of product liability disputes from property damage caused by fire to claims regarding the design of a vehicle.

Franchisees
Defending a number of claims brought against dealerships in respect of a variety of matters such as vehicles not being fit for purpose/ of satisfactory quality.

Misrepresentation Claim
Successfully defending a significant claim brought against a vehicle manufacturer for an alleged misrepresentation regarding its fuel consumption data.

Conversion Claim – Sale of Goods
Acting for a bespoke vehicle hire company in an action to trace and recover a bespoke TVR Tuscan sold by the hiree in breach of the covenants in their finance agreement. Issuing proceedings for damages against the Defendants for conversion and breach of the agreement.

Retention of Title

RoT & Insolvency
Advising on issues relating to the administration of two metal suppliers with a particular focus on issues relating to retention of title and set-off.

Regulatory

Technical Developments
Advising a vehicle manufacturer on the legal implications of a number of regulatory issues relating to technological advancements they wanted to incorporate into their vehicles.

Privacy & Confidence

Defamation
Advising a multi-site dealership on managing defamatory comments being generated on social media sites such as Facebook and Twitter

Breach of Confidence Claim
Advising a marque manufacturer in respect of the theft and threatened misuse of highly sensitive confidential information belonging to it and the breach of restrictive covenants by a former employee.