Paul Marmor, Head of Litigation and International Services, recently visited the offices of our Alliott Global Alliance (“AGA”) correspondent law firms in Dallas and New York – Platt Richmond and Golenbock Eiseman Assor Bell & Peskoe – and gave a presentation to each on the topic of UK/USA relations post-Brexit, where Paul explained how the trading relationship has been affected in a post-Brexit world.

Paul set out the good, the bad and the ugly from all perspectives.  Paul also gave the same presentation to AGA’s North American annual meeting in Palm Springs, California, attended by over 70 members from the USA, Canada and Mexico.

Paul is pictured presenting a ceremonial gift to each law firm, with the Managing Partner of Platt Richmond, Bob Daniels, and a number of his colleague, and with Jeff Berger, the Managing Partner of Golenbocks.  Paul is presenting David Gauke’s book entitled The Case for the Centre Right, which is a collection of essays on politics in the UK at this time, with special emphasis on Brexit, including contributions from Rory Stewart, Daniel Finklestein  and Dominic Grieve and others.

For more information about our connectivity, clients and friends across the Americas, through our involvement in the AGA, the American Bar Association and the International Bar Association, and for our legal perspectives relating to Brexit, then please reach out to Paul Marmor on +44 20 7478 9010 or pdm@sherrards.com, or visit www.sherrards.com.

Paul Marmor, Partner and Head of Dispute Resolution & International, and Laurel Zhang, Head of China and South East Aisa Desk, recently met with Senior Partner Alex HY Leung of Leung and Co as part of the Alliott Global Alliance (AGA) international collaboration. This meeting was kindly hosted at the AGA offices in Convent Garden.

The meeting also included esteemed figures such as Giles Brake, CEO of the Alliott Global Alliance, and Qi He of Alliotts LLP.

Sherrards continue to attend and host meetings with our international partners through the Alliott Global Alliance and International Bar and American Bar Association as part of our commitment to establishing our global presence as well as highlighting our top-notch legal services that cross borders.

For more information, please contact paul.marmor@sherrards.com

The event was organised by Laurel Zhang, Head of China & Southeast Asia Group, and her connections with the Chinese Tax Specialists. Laurel is part of the Corporate & Commercial team, based in London and she speaks fluent Mandarin and English. She commented, “We provide a lot of support to companies looking to do business in the UK coming in from China, Hong Kong and across Asia and one of the key benefits we can provide is cultural and language support as well as plenty of experience operating in the region and discuss our experience with the delegation.”

The event began with an introduction from Paul Marmor, Head of International and Dispute Resolution, who introduced Sherrards, its history and each spokesperson from Sherrards for the morning. Paul then discussed the amazing history and importance of ‘The Honourable Society of the Middle Temple’ and how legal practitioners are split into Solicitors & Barristers within the UK. He informed the audience of how Sherrards is a member of the American Bar Association (ABA), the International Bar Association (IBA) and the Alliott Global Alliance (AGA) with Sherrards having individual desks for Germany, China, France, USA, and eastern-Europe. A truly global law Firm.

Jean-Paul da Costa, head of Corporate and Commercial, was the first to present to the group. He discussed the ways the Government use incentives like tax to influence the UK’s economy and how the government have several tax incentive schemes to influence investors such as the Seed Enterprise Investment Scheme (SEIS), the Enterprise Investment Scheme (EIS) and the Venture Capital Trusts Scheme (VCT). Jean-Paul also covered Tax breaks a tool to influence UK business activity. This included the Entrepreneurs Relief (Business Asset Disposal Relief) scheme, small businesses not being charged for VAT for the first £85,000, and the Corporate Venturing Scheme (CVS). He then discussed the methods the Government use to boost the economic activity of employees such as the Enterprise Management Incentives (EMI), Share Incentive Plans (SIPs) and the Employee Ownership Trusts (EOT) programs. The final area Jean-Paul spoke about was presenting a global perspective to show in what ways that UK economy is unique worldwide. He commented, “Much of Sherrards’ work is related to FDI (Foreign direct investment) to the UK with specialist teams focussing on IP (Intellectual Property), corporate & property (real estate) structures as well as litigation and we were only too happy to share our knowledge with the delegation”.

Aleksandra Rychlewska, Legal Assistant in the Litigation department, then gave a thorough explanation of the UK’s Legal System, informing the delegation of the four factors that make the UK legal system an attractive choice for international parties to resolve their commercial disputes. These included the expertise, specialisation, and independent judiciary that the UK possess, the tradition of the Common Law, the Enforceability of Judgements across jurisdictions and alternative dispute resolution options.

Guy Morgan, Partner in our Commercial Property department then gave a detailed description of the Commercial Property market in England with a summary of concepts in English Property law and the challenges that the UK economy face post-pandemic and with the economic and political climate, including issues like climate change & technological change. Guy then gave an overview of key property taxes such as the Stamp Duty Land Tax (SDLT) and Value Added Tax (VAT) to inform the audience on the UK’s tax system. Guy concluded his presentation with a ‘glimpse into the future’, which addressed the possible changes that 2024’s General election will bring to the UK.

The final spokesperson from Sherrards was Greg Pooler who gave a presentation on Disclosure and cross-border data transfers. He explained what disclosure is and its importance in law, along-side the Civil Procedure Rules (CPR) and how it influences legal practice in the UK. This was followed by examples of Sherrards past experiences with disclosure across jurisdictions including how Sherrards were advised on the Chinese regime and it’s three pillars – Data Security Law, The Personal Information Protection Law, and State Secrets Law. Greg then listed key UK laws and their influence; Data Security Law (Article 36), Personal Information Protection Law (Article 41) and the Securities Law (Article 25).

The event finished with a visit to the “Great Hall” and networking.

 

This first Class Panel at the The Law Society London, UK, was focused on best practice for attracting & retaining talent in the legal profession across the globe. Over 150 attendees from around the globe were in attendance.

The impressive panel included a keynote session from David Gauke, Head of Public Policy at Macfarlanes, speaking from his perspective as former Minister of Justice & Lord Chancellor, David focused on the next generation and a desire to protect the rule of law, among many other points.

Paul was also joined by Claire Sanders of Being Human, who explored best ways to harness the younger generation.

Paulo Rocha, Managing Partner of leading Brazilian law firm Demarest Advogados, confirmed that talent-related issues are the same globally.

Lisa Göransson, head of the Nordic desk at Allen & Overy, and also IBA officer from the Women’s Committee, focused on the need to focus on women in the profession.

Paul Marmor comments: “We set out a range of points and thoughts on how to attract and retain talent into the legal profession which is an area of focus for the IBA and, indeed, for Sherrards which is at the heart of much of our thinking as a legal profession especially through our Sherrards Training Academy.”

Paul, as well as being the head of the firm’s litigation and dispute resolution department, is the co-vice chair of the IBA’s Law Firm Management Committee, which is one of the IBA’s leading sections made up of managing partners, senior partners and leading lights, as well as allied professionals from across the global legal profession.

Paul spoke at an LFMC session at the Paris IBA Conference on how law firms can convey their messaging publicly, on behalf of themselves and their clients, through social media, which included a stellar panel of Deborah Farone, a leading marketing strategy consultant, Olga Mach of LexisNexis, Helen Burness of Saltmarsh Marketing, and Sneha Ashtikar Roy of Jus Mundi.

Sophie, Sherrards’ Head of Marketing & Business Development, attended the first ever High-Tide conference, the IBA’s Marketing and Business development conference, which saw over 80 marketing professionals from across the world come together to discuss and debate a variety of legal marketing topics. Sophie took part in the fishbowl session, discussing how artificial intelligence can help as a tool in law firms’ messaging but that it needs to be managed if used by junior members of the team. 

The IBA is a leading voice in the global legal profession, as a networking organisation for lawyers, but it is also an important and very significant platform for extolling and promoting the rule of law, which has never been more relevant than it is today.

Sherrards are very much involved in and supportive of the IBA, which means that our clients, friends and contacts have access to professionals from across the world, frankly just about anywhere, whether it be through the IBA or our membership of the Alliott Global Alliance

For more information about our involvement in the IBA, or how we can help you through our international connectivity, please reach out to Paul Marmor on pdm@sherrards.com or +44 (0) 20 7478 9010 or Sophie Hudson on sophie.hudson@sherrards.com or +44 (0) 1727 832 830.

Paul Marmor spoke about his involvement in developing Sherrards’ international persona, passing on the benefit of his experiences to an audience predominantly from the legal profession, looking to expand their international footprint.

In particular, Paul used the international webinar to speak about our work with an international alliance (Alliott Global Alliance) and our connectivity with other first-class law firms through the International Bar Association and American Bar Association, as well as working alongside The Law Society’s International Division and the Department for International Trade, including becoming part of the UK investment support directory hosted by the DIT.

Marco Cillario, International Policy Manager of The Law Society commented, “We are ready and willing to shout about the legal profession and to help our members, whether to improve access to key markets, facilitate introductions to networking opportunities with contacts across the world, or to create the right environment to do so ”.

Paul Marmor of Sherrards comments, “It’s been quite a journey for the firm, but in 20 years we have helped our clients and contacts with their increasing needs overseas, as well as the burgeoning demand for use of the UK courts by foreign parties.  I have no doubt that our legal profession is supported by some brilliant institutions, whether it be the Ministry of Justice, the Department for Business and Trade or The Law Society’s International Division”.

To download the interntional webinar to watch, click here.

For more information about Sherrards’ international offering and our work with the IBA, ABA, Alliott Global Alliance and Law Society International Division, and how the Department for Business and Trade and Ministry of Justice can help you, please reach out to Paul Marmor.

The client/Defendant to the claim is a Central European company specialising in the production of aluminium profiles. 

A dispute arose between the parties arising out of the contract for the supply of aluminium billets, in respect of which the Claimant sought payment which the client was resisting, on the basis that the contract mechanism for determining price had not been followed and that the billets delivered were not of satisfactory quality, which caused it loss.

Karen Dobson, Partner at Sherrards, managed to negotiate an early settlement of the dispute, following the commencement of arbitration proceedings.

The settlement was very favourable to the client and resulted in it avoiding significant legal costs which would have been incurred in a fully-contested arbitration.

This has been an ongoing debate in this area for many years, and one that the firm is familiar with, having interacted with Indian law firms and business interests passing back and forth between the UK and India for some time. 

Paul Marmor, our Head of International Services and the Litigation & Dispute Resolution Department, was asked for his views on the changes to India’s legal service, which are set out in this article published by the International Bar Association, which sets the scene with input from a number of commentators including Paul, as to what may happen over the next few years: click here to read the article. 

For more information on our work relating to Indian concerns, please reach out to Paul and the International team on the details below.

As technology continues to rapidly advance, the law must play catch up. Greg and Max participated in this panel discussion to offer their perspective on how digital assets such as cryptocurrencies have been received within the legal and regulatory framework of the English jurisdiction.

Greg Pooler, a Legal Director within Sherrards’ commercial disputes team, advises clients in relation to disputes involving digital assets as part of his commercial fraud and asset recovery practice.  Greg provided a comprehensive overview of the legal position under English law as to the treatment and classification of digital assets.

Greg observed that: “Like many of the other jurisdictions represented on the panel, there is currently no coherent legal architecture specific to digital assets in the English jurisdiction.”  Unless digital assets exhibited the characteristics of financial products that fell within the perimeter of pre-existing financial services regulation (and in practice few digital assets do so), the sector was largely unregulated and investors in digital assets were afforded very limited protection.  Notwithstanding these deficiencies from the legislative perspective, the common law has made significant strides in accommodating digital assets within the conceptual framework of English property law, albeit the decisions to date struggle to reconcile the characteristics of certain digital assets with the traditional categories of property that the law currently recognises.

Max Marmor, a member of the Commercial Property team where we see a cross over in this area in terms of real estate investment, reflected on several key cases that have been decided by the English High Court in recent years.  These cases have grappled with questions concerning the classification and treatment of digital assets and the legal remedies that are available to litigants seeking to assert their rights over, or entitlement to, such assets. According to Max: “The English High Court has shown itself to be pragmatic and responsive to the evolving crypto industry. Recent decisions suggest England can be the appropriate jurisdiction for claims that often lack centralisation.”

One case Max was keen to highlight to the conference audience in Mauritius and those tuning in online was the seminal decision of the High Court in AA v Persons Unknown [1] in which the Court for the first time recognised that Bitcoin should be classified as property,  entitling the applicant in that case to freezing injunction relief. Greg emphasised the significance of this decision and referred the panel to a recent 500-page Law Commission report on virtual assets containing the radical suggestion that English law should recognise a third category of property called “digital objects”. This would capture the nuanced and idiosyncratic nature of certain types of digital assets that the current property law framework is ill-equipped to deal with.

Benita Elisa, founder of Wakanda 4.0,  which organised the Cryptoverse Summit and who moderated the event added: “Hearing from this international panel really helped set the scene for our event we believe that Metaverse platforms have the potential to transform how, when and where companies interact with their customers, as extended reality platforms enable businesses to deliver new experiences and provide information in new ways.

Greg and Max were joined on the panel by other members of the Alliott Global Alliance (alliottglobal.com) led by Ashveen Gopee from Lex Frontier,  Mauritius; Diego Nunes from Estudio Nunes & Associados, Argentina; Audra White from Platt Cheema Richmond, USA;  Anthony Marrin from H.Y.Leung, Hong Kong;  Kenneth Muhangi from KTA Advocates, Uganda  and Songul Top from STA Legal, France. Each offered unique insights and expertise on their countries’ varying approaches to the crypto industry. 

The recording of the Cryptoverse Summit and the Alliott Global Alliance panel with Sherrards can be found here: https://www.youtube.com/watch?v=YdKXP0FvhC0&t=11877s&ab_channel=WakandaNews

Greg speaks 2:52.10 and Max is at 3:14.30.

[1] AA v Persons Unknown who demanded Bitcoin on 10th and 11th October 2019 and others [2019] EWHC 3556 (Comm)