A significant proportion of the firm's commercial work involves parties or assets in other jurisdictions. For example, many of our clients are based, or operate, outside the United Kingdom. As a result we have become accustomed to dealing with cases and transactions abroad. Almost invariably, in these circumstances our recommendation is to seek appropriate local advice, no matter how straightforward the issue may appear to be at first.
Over the years, we have established contacts with lawyers and legal firms in many cities and towns throughout the world. We are members of the North Sea Group of Lawyers and this gives us direct access to experienced commercial lawyers in several countries of Western Europe. Some of the other North Sea Group firms are also associated with larger national and international groupings of lawyers.
The combination of our own contacts and the North Sea Group members and their contacts provides us with a powerful network that can be used for the benefit of our clients.
North Sea Group
The North Sea Group of Lawyers is an association of independent European commercial and shipping law firms. There is a member firm in each of the following jurisdictions: Belgium, Denmark, England, Germany, the Netherlands and Scotland. The Group was founded in 1992.
The main function of the Group is the provision of local, practical, commercial legal advice and assistance. This gives us direct access to senior commercial partners in each country. Instead of choosing from a list of names, we can speak directly to our contacts in the member firms. Either the person concerned will handle the matter himself or he will arrange for one of his colleagues to do so.
The principal contacts in each firm are people whom we now know well. In addition, we have met a number of the other senior personnel. This makes it much easier to explain the nature of the matter on which we are seeking advice and, more importantly, the manner in which we (and our clients) wish it to be handled.
The Group consists of six firms, 15 offices, 200 lawyers and a total staff of 500. The largest cities in which the Group operates are: Brussels, Hamburg and Glasgow. Other cities and towns include: Bremen, Aberdeen, Esbjerg and Ipswich.
Some examples of our use of the Group in relation to specific case and transactions are:
Access to EC Commission
A UK company client that traded worldwide wished to make representations to the EC Commission in connection with the award of a tender for the supply of equipment to an African state. The contract was part funded by the EC. After trying unsuccessfully to make contact with the relevant member of staff, the client accompanied by one of our lawyers, travelled to Brussels to engage the assistance of our Belgian associates.
Immediately, this enabled us to establish a more effective line of communication with the Commission. Our impression was that the relevant official was more co-operative in the knowledge that our client was now represented in the same city! Our associates were also able to offer a local office base from which to conduct the negotiations. (Unfortunately: despite this assistance, our clients still lost the contract!)
French and Dutch due diligence
As part of the funding of a UK Stock Exchange transaction, a major client company was required to conduct due diligence on a number of English, German and Dutch registered companies. We undertook the preparation of a standard form report that we then applied to the English companies. At the same time, we instructed our German and Dutch associates to carry out a similar exercise in relation to the companies within their own jurisdictions.
Japanese prawns
Our clients, the consignees, instructed us to secure the release of a consignment of Japanese prawns that had been impounded at Felixstowe by the UK authorities, allegedly for non-payment of import duty. Through our Dutch associates, we were aware of a similar situation in Holland, where the courts had rejected such a claim for duty. Accordingly, we instructed our English associate firm to raise proceedings in the High Court, to secure the release of this product.
Yacht construction in the Netherlands
A Scottish client commissioned a shipbuilding yard in Holland to construct a substantial motor yacht. The contract, although in English, was expressed to be subject to the laws of the Netherlands. We reviewed the contract and reported to our client. At the same time, we referred a copy and a copy of our comments to our Dutch colleagues. This enabled them to highlight any areas of particular difficulty. They also carried out local searches against the yard, to determine its financial standing.
Other Uses of the Group are:-
correspondent referrals
Frequently, we have to instruct lawyers and other advisers in foreign jurisdictions. Where there is no North Sea Group member, and we do not have an existing contact, we have often used the Group to supply a referral to a suitable local commercial lawyer.
secondment of staff
Our membership of the Group gives us the opportunity to second our own staff to the other member firms.
management issues
Several of the lawyers who participate in Group activities are involved in the management of their own firms. At each Group conference, a portion of the time is devoted to the discussion of business and practice, rather than client, issues.
comparative law
The Group presents an opportunity to consider a particular legal point on a comparative basis. For example, we have prepared a cross-border debt collection booklet. Other topics include the formation of companies and the commercial agents regulations.
