International and Cross Border

Harold Benjamin can deliver legal services in both contentious and non-contentious areas in cross-border matters and can offer our invaluable experience to private investor, financial institutions and corporate clients. 

Many of our clients have an international element to the work that they need to get done, such as carrying on business or investing in other jurisdictions. In addition, we work with foreign clients who need legal representation here in the UK, either because they are looking to expand into the UK and Europe or looking to work with specialists who can provide expert litigation support for companies in cross-border disputes.

Whether we are advising in an international dispute needing expert knowledge about jurisdiction, the procedural rules for enforcement of foreign judgments, or drafting and filing complex settlement agreements, we are familiar with the technical and commercial issues that businesses need to grapple with. We have particular experience in banking litigation and family business disputes.

Additionally we are able to advise on a commercial transaction which involves carrying out due diligence, buying properties, protecting intellectual property, preparing commercial agreements an advising on secured lending transactions.

Examples of cases we have assisted on include advising a Moroccan business looking to set up a flagship store in London and advising a Kenyan developer in a banking dispute.

We have experience of acting in cross-border contentious family business disputes.

We are happy to act as co-counsel or to work with in-house teams, or professionals from other jurisdictions and have an excellent network of overseas law firms. If you would like to partner with us, please feel to contact any of our team below and we will be happy to have a call with you.

Between us, we are fluent in Arabic, French, Gujarati, Hindi, Kiswahili, Pashto Punjabi, Spanish, Tagalog and Urdu. This adds to the client-centric approach to our international work.

Case Highlights

Acted for a Congolese multinational company with a Brussels subsidiary enforcing a Belgian judgment in the UK for a €20m judgment.

Acted for a HNW individual based in Kenya in defending a High Court action by a bank for breach of a facility agreement. Value circa £10m.

Acting for a Swiss company which was in dispute with a Turkish scrap steel merchant about the potential breach of an exclusive distribution agreement between the parties which was to be resolved in the UK given the parties choice of jurisdiction

Acting for a client in a significant dispute concerning the sale of an aviation company and potential breaches of fiduciary duties which involved parties in multiple jurisdictions including the UK, Europe and the Middle East.

Acting in a significant minority shareholder’s dispute between two Kenyan families in relation to a large property portfolio in London and successfully being awarded security for costs given the other side was based overseas;

Acting in a dispute between extended family members in relation to a business started in Kenya and subsequently continued in England as a partnership by six brothers and their father. The dispute arose after the death of the father and concerned the extent to which various assets belonged to the partnership and whether six sisters were also entitled to a share of assets.

Acting in a dispute between two brothers in Kenya as to the ownership of a property in London. The purchase was funded by monies from a UK bank account held in the name of one brother whilst the property was registered to the other.

The Team

Sarju Kotecha Solicitor and Legal Director Dispute Resolution, International T: 020 8872 3032

Niten Chauhan Partner and Head of Restructuring and Insolvency International, Restructuring and Insolvency T: 020 3096 0822

John O’Donovan Partner and Head of Banking and Finance Banking and Finance, International T: 020 3096 0823

James Oxley Partner and Head of Corporate and Commercial Corporate & Commercial, International T: 020 3096 0825

Insights

High Court Acts to Protect Rights of Minority Shareholder in Family Business

Business Disputes, Business Law, Family Offices

26 Aug 2021

Family-run enterprises represent an enduring and highly effective business model – but only for so long as trust and affection…

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The Legal Corner Magazine – Issue 1: Across Borders

Seb Wals 28 Sep 2022

In our inaugural issue we explore a variety of international legal aspects, with particular focus on foreign investment in the UK and…

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Family business: How to avoid disputes down the line

Business Disputes, Business Law

14 Apr 2023

There are many advantages to having a family-run business.  Often there is a better cultural fit and common shared values, with a strong…

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Banking – Has anything really changed?

Banking & Finance

25 May 2023

The recent collapse of Silicon Valley Bank, Signature Bank and First Republic in the US, as well as Credit Suisse in Europe,…

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