Richard Carleton

Consultant

Admitted as solicitor 1970. Partner in Barrett and Thomson 1975 until 2006 - 31 years. Joined Aston Bond April 2006 as Consultant Solicitor

Experience

1. Commercial litigation; extensive experience both in the High Court and County Court; acted for 17 years for a FT-SE 100 company dealing with its landlord and tenant litigation; represented clients at 5 alternative dispute resolution meetings within the last three years resulting in satisfactory economic settlements of 4 of the 5 commercial litigation disputes;

Notable cases; successfully sued Tate & Lyle for a breach of contract in removing its sugars without notice on behalf of a distribution and warehousing business.

Successfully sued a FT-SE 100 property company on behalf of a tenant for leasing off part of the let premises to an adjoining tenant.

Acted for a car dealer in the defence of a claim by a finance company for misrepresentation in respect of a car finance agreement, which made new law in the Court of Appeal, and is one of the leading quoted cases in the recognised textbooks on contract law.

Twice successfully defended the half interest of a wife in their home (jointly owned by husband-and-wife) against claims for repayment of bank loans taken out by her husband and secured on their home on the ground that the bank had constructive notice of her interest.

Advised (2005) a well-known rugby club in respect of its liability for a serious injury to a player paralysed from the neck down.

Successfully sued (2006) a quasi partner being a joint shareholder in their company on behalf of a retiring partner to enforce the terms of an agreement by the retiring partner to sell his interest in the business. The case turned on the interpretation of a technical breach of contract by the retiring partner, and whether that breach amounted to a breach of condition entitling the other partner to rescind the contract.

Successfully sued (2005 and 2007) on behalf of a well-known pop band for breaches of contract by a former band member in respect of the use of the name of the band, both at first instance and in the Court of Appeal. The case is an authority for those circumstances when a court will imply a term into a contract for commercial reasons.

The Lands Tribunal; Successfully sued the government on behalf of a licensed riding school for failing to pay a reasonable sum in compensation for its compulsory acquisition of the riding schools premises and business required for the Channel tunnel rail link. Successfully defended an appeal to the Court of Appeal by the government in respect of the costs of the claim. Successfully applied for judicial review of the costs incurred by the government in taking possession of the premises of the riding school; this aspect of the case has subsequently featured in a government Green paper.

Litigation costs; particular experience of arranging legal costs insurance policies and claiming the premium on the successful result of the litigation against the other party. This was the way the costs of the lands Tribunal case was funded, because the riding school were without funds following the forfeiture of the premises and business. Successfully claimed the premium (it was disputed on behalf of the government) for the legal costs insurance policy; this was the very first case of this kind before the lands Tribunal.

2. Planning; twice acted for a developer in substantial successful planning appeals even obtaining costs orders against the local planning authority; extensive experience of drafting and negotiating planning obligations in section 106 agreements, and including experience of social housing and other contributions now required by local planning authorities.

3. Business Sales and Acquisitions; experience of both sales of businesses and acquisitions; including both asset sales and share sales; in drafting and negotiating sale and purchase agreements, and all ancillary work in implementing the agreements.

Notable cases; acted for a group of garage businesses in a sale to a PLC retaining some freehold interests with complex loan agreements with oil supply companies.

Acted for a group of warehouse and distribution businesses in a sale to a PLC.

Acted for a purchaser in several different transactions of schools businesses

Acted for a purchaser of a club business (2007)

Acted in the sale of a computer software business including its maintenance and support contracts business (2007)

4. Leases; extensive experience of drafting and negotiating leases and related documents including licenses to assign authorised guarantee agreements tenancies at will licences and underleases.

5. Employment; drafting of employment contracts, compromise agreements, and experience in the employment tribunal. (2008) acted in the defence of a claim for unfair dismissal.

6. Divorce and ancillary relief claims; extensive experience of divorce and dealing with both prosecution and defence of wives claims for financial provision; particular experience of acting in cases with a commercial element where husbands are operating their own businesses and/or own other commercial interests.

Notable cases; acted for a wife whose husband owned the seed capital of what subsequently became a FT-SE 100 company and successfully prosecuted a claim for inadequate disclosure

Acted for a wife whose husband owned a commercial property with a valuable planning consent and established its true value in successfully removing a restrictive covenant imposed by a local planning authority.

Acted for a husband (2007-2008) who owned a substantial commercial business in the defence of his wife’s claim for financial provision successfully negotiating a satisfactory settlement.

7. Commercial Agreements; extensive experience of negotiating and drafting commercial agreements. Partnership agreements, joint-venture agreements, settlement agreements, and conditions of trade.

Notable cases; prepared and negotiated a joint-venture agreement between a developer and a housing association for a substantial redevelopment alongside a subcontract for the sale of the site to the housing association.

8. Wills and trusts and Inheritance Tax Planning; extensive experience will drafting and advising on inheritance tax planning; advised family on arrangements to take advantage of business property relief and implemented those arrangements so as to remove the home from the inheritance tax net altogether.

Interests

Family; married with two children.

Member Windsor & Eton Rotary Club; have been a member of service clubs for past 35 years; was in Windsor & Eton Round Table chairman 1985-6; then Windsor St George Rotary Club where organised a very successful Schools Music Festival every alternate year over a period of 14 years. President 1998-1999.

Represented solicitors as a member of the committee of the Bucks Berks and Oxfordshire Law Society; for approximately 10 years; President 1996-1997

rcarleton@astonbond.co.uk
+44 (0) 1753 486 777