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Our team is embedded in this sector, with many of us having worked on long-term secondments and retainers for the likes of Aston Martin, Lotus, Triumph and Onto. We understand how automotive companies operate on a day-to-day basis, standard operating procedures and safety processes, industry terminology, and key customer/supplier relationships.
We have extensive experience advising world-leading automotive brands including:
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Independent luxury car group - we regularly advise on commercial projects, property matters and disputes. We have advised on a large, -critical project involving complex legal advice across various specialist areas, including commercial, IP, property, construction, insolvency, corporate, banking, and employment law.
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UK’s largest automotive parts distribution network – we provided a suite of data sharing and processing agreements with suppliers and garages to cover the sharing of personal data. This involved advising on international transfers of personal data outside the UK and EEA.
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International tyre retailer - we have assisted this automotive supplier with their IP portfolio for ten years, running a very successful parallel importation programme, dramatically decreasing grey imports into the UK and the European markets. This led to a noticeable upturn in business and greater profitability.
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Large UK car manufacturer - we were involved in an inquest following the suicide of a longstanding employee. The employee had been informed that he was being investigated for health and safety failings. We provided a robust defence of our client and how it handled the welfare of an employee in connection with the HR investigation. We represented the client’s interests at the two-day inquest, avoiding any public criticism of the client in its management of employee welfare issues.
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British Automotive company - our lawyers act as an extension of their in-house team. We work on a vast range of issues, including parts supply for a new hypercar; its IP portfolio management; research, development, and licensing agreements; software supply; and other direct and indirect purchasing elements.
Our sector expertise has helped the client achieve ambitious growth, and we’ve had great feedback. We’ve:
- Advised on IR35 issues with contractors and employment terms of agreements to minimise risk and issues relating to COVID-Secure workplace planning.
- Managed several data protection matters relating to GDPR compliance, including the use of intranet cookies, international data transfers, and appointment of third-party processors.
- Advised on personal data processing and pseudonymisation techniques as part of those projects.
- Preparation for Brexit in respect of data protection and the General Block Exemption Regulation.
- Acted on dispute concerning the removal of assets from its site and energy storage. The matter involved working with the Department for Business, Energy and Industrial Strategy to reach a resolution with the other commercial party.
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Commercial electric vehicle manufacturer - we’ve worked together for several years, notably on a case that is now one of the UK’s leading decisions on shape marks. We also advised on its collaboration with industry and academic partners to develop zero-emissions hybrid powertrain technology. This meant reviewing the proposed collaboration agreement, advising on various issues, including the contribution and use of background IP and the ownership and exploitation of resulting IP. On day-to-day HR matters, we provide training and deal with Employment Tribunal cases. We’ve implemented a brand protection programme and successfully assisted with an Advertising Standards Authority complaint. We also brought a damages claim against the party responsible for designing the steering envelope for an iconic introduced in 2017. The case related to various design defects in the suspension and steering system for the vehicle and involved consideration of complex CAD data to pinpoint the cause of the defect.
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An electric car subscription service - We advised on processing telematics data and dashcam footage; the steps that it needed to take to ensure it was able to comply with the GDPR in respect of the introduction of new processing activities; determining the legal basis for processing, drafting appropriate notices for drivers; and the retention and sharing of all of the above data.
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Regional manufacturing business - we advised a regional manufacturing business on the terms of a product endorsement arrangement with a chart-topping singer-songwriter. Under this the parties would collaborate to design, develop and manufacture a bespoke product range representing the artist’s look, style and personality. We also advise this client on several other IP matters, including brand protection, trade mark portfolio management and licensing terms.
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Spare Parts Supplier - we act for a leading supplier of spare parts. They identified a safety-critical issue with a component, and we assisted with an international product recall across 80 countries, resolving the matter quickly and simply.
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Japanese multinational automotive manufacturer – we advise on all aspects of health and safety compliance, representing our client at inquests.
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UK motorcycle manufacturer - we advised on the termination of dealer agreements.
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Vehicle component manufacturer - we successfully advised this automotive company in the Court of Appeal. The client is a component manufacturer supplying to Nissan, Honda and BMW. The HSE investigated them following an outbreak of Legionnaires’ disease in their manufacturing facility, which affected their workforce and local residents. Within 48 hours of the outbreak, we were instructed and worked with the client and the HSE to continue to operate the facility, despite the HSE’s Prohibition Notice.
During the HSE investigation, the facility also suffered another reportable incident following a dust cloud explosion in a Flocker machine that caused burns to an employee. The HSE took the unusual decision to investigate the two separate incidents together. The result was a five-day sentencing hearing before the Crown Court and an appeal against the level of sentence imposed in that court to the Court of Appeal. We successfully persuaded the Court of Appeal to reduce the penalty by £420,000.