Hitendra Patel

Director
Office:
  • Banbury
Phone:
01295 204108
LinkedIn:
LinkedIn
Specialisms:
  • Business Recovery & Insolvency
  • Corporate & Finance
  • Commercial

Hitendra has over twenty years' experience in a broad range of Corporate transactions, including:

  • Mergers and Acquisitions
  • Corporate Finance
  • MBO's and MBI's
  • Insolvency and Corporate Restructures
  • Joint Ventures
  • Partnership Law
  • Limited Liability Partnership
  • Distributorship Agreements
  • Agency Agreements
  • Franchises

Transactional Experience:

  • Sale and purchase of care homes
  • Purchase of companies for an American listed client
  • Section 110 Insolvency Act 1986 reorganisations, including dividing the assets of companies into two separate new companies and subsequently disposing of the new company into which trading activities would transfer
  • Venture Capital investments
  • Company buy back of own shares
  • Grant of Options under the Enterprise Management Incentive Scheme
  • Transfer of museum by local authority to a charitable incorporated organisation
  • Acquisition of businesses and assets from administrators including pre-packs

About Hitendra Patel:

  • Hitendra studied at the University of Lancaster and the College of Law in Chester. 
  • He trained with a leading West Sussex practice and on qualification joined Mishcon De Reya. 
  • He had also worked for Brabner Holden (now Brabners) before joining Shoosmiths in 1996. 
  • He was promoted to partner in 1998.
  • He is one of the founding Partners of Spratt Endicott, when the firm demerged from Shoosmiths in 2002.
  • He is a former director of the Banbury Chamber of Commerce, and is the firm's representative on the Banbury Corporate Finance Initiative, a network of professional advisers in the Banbury area providing corporate finance advice and support to entrepreneurs, investors, lenders and company directors.
  • Hitendra is a recommended lawyer in The Legal 500 UK 2017.

.UK_recommended_lawyer_2017

Interests:

Interests outside work gravitate around (in order of priority) his children, wife, the garden and himself!  Hitendra admits with pride that he does not play golf, tennis, cricket, football or other sport.

 

Case Studies

  • Multi-Jurisdictional Transaction
    The firm was engaged by an English subsidiary of a large listed American company to acquire a Welsh company.  The transaction was challenging in that the target company had subsidiaries in America and Australia and a branch office in Dubai. 

    We headed the transaction and co-ordinated with the client’s overseas lawyers to ensure that the transaction was completed on time and in a cost effective manner.  Apart from dealing with the different laws and customs involved, we had to work in three different time zones.  The Australian lawyers would be leaving the office when we were just about to wake up and the American lawyers fast asleep.  For example 16:08 UK time is 10:07 in Milwaukee and 23:06 in Perth! 

    The transaction was headed by Hitendra Patel (Corporate Partner) and was assisted by John Spratt (Commercial Partner), Carol Shaw (Employment Partner), Neil Belcher (Commercial Property Associate), Catherine O’Riordan (Company Commercial Assistant), Christine Ward (Tax Consultant) Anna Maloney (Intellectual Property Consultant) and Ian Dorward (Trainee Solicitor). 
     
  • Recovery of bad debt from Administrator
    Acting for a globally known and respected company, John Spratt received urgent instructions to advise on the possibility of their being able to recover a bad debt from a well-known retailer in administration.  The problem was that John’s advice to the client had to be that the Administrator was not in a position to pay the debt of any creditor from the company’s assets except (a) pro-rata with all other unsecured creditors at the end of the debtor company’s insolvency process or (b) if the payment was necessary in all the circumstances in order to maintain the business of the company in administration under his management pending a possible sale.

    Working closely with his client’s management team, and having enlisted the help of a colleague in the insolvency profession, and also with the help of John’s Partner Hitendra Patel, John was able to negotiate and draft an agreement with the Administrator that he would pay the whole of his client’s substantial debt rather than face the consequence of their withdrawing their services from the company in administration. This work was done largely over one weekend, with frequent written communications and many telephone calls.

    John’s clients were delighted with a wholly successful outcome, which seemed at the beginning to have been against the odds.
     
  • Complex sale of Marcon RMC Limited
    John acted for the seller of a building materials company into the public sector.  John’s client’s corporate finance advisers, Bristol York Limited, had negotiated favourable terms for the sale of the client’s company, and the only problem which appeared to exist was that for tax reasons the transaction had to be completed within quite a short timescale.  The transaction proceeded comfortably, with John’s assistant Billy Ashley taking responsibility for dealing with the due diligence enquiries of the purchaser, and John’s Partner Hitendra Patel also assisting in the production of the deal documents.

    A few days before we were scheduled to complete the transaction, John and his team learned that there was a problem with a contract which was key to the business of the company being sold.  This necessitated John’s working all over one weekend with the very able assistance of John’s Commercial Property Partner Andrew Woods analysing the company’s position regarding this contract, meeting the clients and finally successfully satisfying the purchaser so that on the one hand John’s client was fully protected from any claim arising in respect of this contract after completion, and on the other hand satisfying the purchaser sufficiently to enable the transaction to complete.  

    The whole team, comprising the Spratt Endicott team, the Bristol York team and the client team were all delighted to conclude the transaction on time and on satisfactory and safe terms.  John was also very touched and appreciated the gift of a case of good wine from the clients to mark this completion.
     
  • Sale of Care Home
    We were engaged on the sale of a successful care home. 

    Our clients were confident that there would be a number of parties interested in purchasing the home but did not want to commence negotiating with all of them before deciding which one to proceed with.  The Selling Agents were instructed to prepare and circulate a sales memorandum and a share sale contract to selected interested parties, who were invited to make an offer on the basis of those documents. 

    The share sale contract was drafted by us in advance in an even handed manner but on the commercial terms on which the client was going to sell.  This saved the clients a considerable amount of time and money as it avoided unnecessary professional time in negotiating the terms of the transaction. 

    Parties interested in purchasing the home were invited to submit a price and payment terms they were prepared to offer, and a return copy of the draft share sale contract with their proposed changes.  

    The successful bidder had made very few changes to the final share sale contract and only a single all party meeting was required, which was the final completion meeting.  Usually transactions of this nature would involve numerous meetings prior to the final completion meeting. 

    The transaction was headed by Hitendra Patel (Corporate Partner) who was assisted by John Spratt (Commercial Partner), Carol Shaw (Employment Partner), Andrew Woods (Commercial Property Partner), Catherine O’Riordan (Commercial Assistant) and a Trainee Solicitor.
     
  • Grand Prix
    We were engaged at very short notice to assist a leading sports racing car engineer in relation to his involvement in a new racing team set up to participate in Formula 1 Grand Prix from the 2010 season.

    The transaction was dealt with by Hitendra Patel at very short notice.  Instructions were received by Hitendra, when on holiday, on a Friday before a Bank Holiday Monday, the documentation was received over the weekend and an all party meeting was held in London on the Tuesday.  The major documentation had been finalised by that Tuesday evening.
     

 

Testimonials

  • Hitendra assisted us is a complicated share sale transaction to a US company (value: £8m). He was always 'on-the-ball' and available at short notice to go through the considerable documentation created in the deal. He was available late into the evening on all the days. We will definitely use his services again when the occasion arises. I have no hesitation in recommending him. Top qualities: Great Results, Personable, Expert

    Rohit Sthalekar
  • "Hitendra Patel helped us form our company structure and our Shareholders agreement. He worked closely with our accountants to achieve the best possible outcome and I would highly recommend him."

    Lana Kopanja
    London Claremont Clinic

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