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Automotive

Shoosmiths’ national automotive team is drawn from lawyers across the firm in virtually every discipline. We are advising clients in this sector on a daily basis, giving us a genuine understanding of both the day to day and strategic issues facing your operations. Our aim is to make your life a little easier by providing commercially focused legal advice which will make a positive contribution to your company and help achieve its goals.

We are advising leading vehicle manufacturers, retailers, finance houses, component manufacturers and suppliers in the following issues:

• Trading – Block Exemption including agreements between motor companies & dealers, SMMT Customer Code, agreements for warehousing & distribution of spare parts, outsourcing, competition issues including margin support; and price advertising by dealers.
• Brand - enforcement strategies for unauthorised use of branded signage, unauthorised use of trade marks in advertising, counterfeit goods including wheels and other spare parts, parallel imports of cars or products.
• Advertising – misleading advertising, eg APR rates, using speed in advertising.
• Dispute resolution - consumer related claims through to major contract and negligence claims against dealerships, hire services providers and suppliers.
• Product safety – VOSA Code & product recalls, trading standards, training for consumer care departments on handling consumer complaints.
• Risk management – Health & safety including 24/7 crisis management, defence against prosecution & pro-active training, handling insurance claims, managing regulatory inspections/investigations.
• Consumer Finance – new agreements for motor finance houses, advising banks/captive motor finance houses on lending to dealerships to finance premises and showroom stock, FSA advice including investigations & regulations covering sale of insurance products eg extended warranties, breakdown cover.
• Finance litigation - Asset finance and Consumer Credit Act litigation and large-scale volume recoveries.   Also fraud prevention, investigation and recovery, dual financing disputes, injunctions, satisfactory quality and fitness for purpose disputes, claims against guarantors, wrongful interference with goods, Innocent Purchaser claims under the Hire Purchase Act 1964, dealer misrepresentation and related agency matters, claims brought against finance houses by customers and suppliers, CCA disputes including sections 56, 75 and 90 claims.
• Human resources – ongoing advice on termination, disciplinary issues as well as strategic advice on restructuring eg implications of TUPE.   Pro-active employment law training on disciplinary and grievance hearings, discrimination law and managing contract workers.
• Logistics and delivery - contracts and disputes.
• Dealerships – agreements, terminations, property, financing, margin structure, insurance products, advertising, vehicle transport contracts.
• Property and portfolio management – brownfield & greenfield site acquisitions and new build development remedial work, acquisitions & disposals of dealerships, all landlord and tenant related matters and ongoing portfolio management including leases to dealerships. Re-gearing of Leases and securing injunctive relief for breach of user covenants.  Loan securitisation.
• Corporate finance – mergers & acquisition, flotations, rights issues and investment.
• Dispute resolution - from consumer related claims through to major contract and negligence claims against dealerships, hire services providers and suppliers.

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Get in touch

Gary Assim

Partner
T: 08700 86 8411
I: +44 (0)1908 48 8411
E: gary.assim@shoosmiths.co.uk