Finalists in four categories at the Spear’s Awards 2025

Four of our people have been named as finalists in various categories at the Spear’s Awards 2025, which recognise the outstanding contributions of wealth managers, lawyers and advisors to HNW and UHNW individuals and families.

Our finalists are:

  • Spear’s Woman of the Year – Catherine Bedford
  • Private Client Accountant of the Year – Gary Ashford
  • Lawyer of the Year: Tax and Trusts – Chris Moorcroft
  • Future Leader in Private Client Services – May Delaney

Now in their 18th year, the Spear’s Awards highlight leading work across the private wealth sector. Having individuals named as finalists across four categories reflects the broad range of expertise at the firm as we support our clients with their eclectic and ever-evolving business and personal needs.

The awards ceremony will take place on 20 November 2025 at Raffles London at The OWO.

Find out more about the Spear’s Awards 2025 here.

Harbottle & Lewis advises Ovation Rights on landmark acquisition of Sir Richard Stilgoe’s theatrical rights catalogue

We have advised Ovation Rights on its acquisition of Sir Richard Stilgoe’s rights in some of the most successful stage musicals of all time, including The Phantom of the Opera and Starlight Express. The transaction represents one of the most significant acquisitions of theatrical rights in recent years, marking a pivotal step in recognising the enduring value of theatrical rights and the legacies behind them.

Founded and led by producer Jamie Hendry and former Amazon executive Philip Green, Ovation Rights introduces the scale and strategy ordinarily seen with music catalogue acquisitions to the creators and rightsholders of major plays and musicals. The company collaborates closely with authors, composers, lyricists and estates, working as custodians to protect legacies, honour artistic visions and passionately champion works.

Our team was led by partners Neil Adleman and Charles Leveque, with support from managing associate Teresa Walker and associates Emma Riggs and David Jones and with partner David Scott advising on corporate tax matters.

On working with Harbottle & Lewis, Jamie Hendry commented: “Working with Harbottle & Lewis has been exceptional throughout this transaction. The team understood the unique nature of theatrical rights acquisitions and provided invaluable guidance as we navigated this deal. Their expertise in entertainment law, combined with their commercial understanding of our vision for Ovation Rights, made them the perfect partners for this acquisition. As we continue to build our portfolio and support artists’ legacies, we know we have trusted advisors who share our commitment to protecting and championing the works that have shaped global theatre.”

Neil Adleman added: “We are delighted to have supported the Ovation Rights team on this groundbreaking acquisition. This transaction demonstrates the significant value and enduring appeal of theatrical rights, and we look forward to seeing Ovation Rights continue to invest in artists and rightsholders as custodians of these remarkable legacies.”

Widespread recognition in Chambers High Net Worth 2025 Guide

Chambers and Partners has today published its High Net Worth 2025 Guide in which we have received a range of individual and departmental rankings across multiple practice areas. In total, six of our departments and 17 individuals have been recognised with many of those in the higher bands.  

All of our rankings have either been maintained or improved compared to last year’s guide. Our ranking for the Real Estate: High Value Residential category moved up a band, and several individuals have also achieved new or improved rankings.

These results reflect the continued growth of the firm and our eminent reputation for advising HNW and UHNW individuals, families and their businesses across their increasingly complex and evolving business and personal needs.

The Chambers High Net Worth Guide recognises the leading law firms and advisors serving HNW individuals and families. The guide is based on independent research and client feedback and is trusted globally as a benchmark of excellence in the private wealth sector.

View the full rankings here.

Meeting needs – a real predicament: Emily Venn’s article published in ThoughtLeaders4 HNW Divorce Magazine

This article was first published in the ThoughtLeaders4 HNW Divorce Magazine.

On 19 March 2025, Mr Entwistle, Ms Helliwell and their legal teams attended the Court of Appeal to make their arguments in respect of Mr Entwistle’s appeal of Francis J’s decision to hold him to the terms of a prenuptial agreement the parties had signed on the day of their wedding – save for a modest additional payment of £400,000 to meet his needs, covering a three-period of spousal maintenance, a rental budget for two years, and a car.

One of the grounds of appeal was that the size of the award was unfair relative to Ms Helliwell’s wealth, and that Francis J had not properly assessed his needs, taking into account the parties’ standard of living during the marriage.

The outcome of the appeal is awaited, so it remains to be seen whether the Court of Appeal will reconsider the assessment of Mr Entwistle’s needs, following a short marriage in which the parties bore no children, in more generous terms.

So, how does the court determine a financially weaker party’s award where a PNA exists?

In Radmacher v Granatino, it was stated that “the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.” ‘Needs’ was identified as one factor which would most readily render it unfair to hold the parties to a PNA, as they were unlikely to have intended that it should lead to a spouse being left in “a predicament of real need, while the other enjoys a sufficiency or more”.

But, how does the court ensure that a spouse is not left in a “predicament of real need”?

Historically, this was interpreted conservatively, as “the minimum amount required to keep a spouse from destitution”, or in a “book-ended” range where the left book-end constituted a “spartan lifestyle catering for not much more than essentials”, just to the right of that left book-end. However, recently, how needs are assessed has depended on the circumstances of the case:

  • HD v WB (Peel J): After a long relationship with three children, the PNA was held not to meet H’s needs (awarding him only £112,000 after a six-year marriage, despite the length of their relationship). He was awarded a housing fund of £2.5m to be held on trust for W (such mechanism having been contemplated by the PNA, but only amounting to £500,000 upon the 10th anniversary of the marriage), a capitalised sum of £1.2m to meet his income needs for five years, and further sums totalling £700,000. Peel J commented that without the PNA, H would have received significantly more.
  • Backstrom v Wennberg (L. Samuels KC): After a six-year marriage, H received a housing budget of £6.5m in light of the PNA providing for his and the parties’ son’s reasonable housing needs to be met during the remaining 15 years of their son’s minority, such housing to revert to W at that stage. Despite scant evidence of his earning capacity and income needs, he was awarded a capitalised sum of £350,000 to meet his income needs for six years.
  • MN v AN (Moor J): After a long marriage, the PNA, the terms of which provided W with a Duxbury fund of £7m and a housing fund of £4.75m, was held to meet W’s needs and therefore upheld in full. Moor J commented in relation to each figure that it may have been that, absent the PNA, a Judge would have awarded a higher sum.  
  • BI v EN (Cusworth J): The parties entered into a French marriage contract, electing a séparation de biens regime, which was upheld. This excluded sharing of the significant wealth that had been built up during the marriage, but did not prevent the English court from making a needs-based award to ensure W’s needs were met. The judge made a generous award in light of the length of the marriage and high standard of living enjoyed, her contributions to the family and the significant resources available and generated during the marriage. A similar approach was taken by Moor J in CMX v EJX. It is notable that in these cases, the French marriage contracts left the question of maintenance and needs generally to be dealt with separately (as would have been the case under French law), hence the generous awards made.

Two themes run through these cases: firstly, there is clearly no one-size-fits-all approach; and secondly, the financially weaker party’s sharing entitlement (however great it may have been) was set aside in favour of a needs-based award being made, due to the existence (and operative terms) of the relevant PNA. And, however generously those needs were provided for, they ultimately received less than they might otherwise have done had a valid PNA not been in place.

However, French marriage contracts aside, none of the above cases really and truly substantively departed from the terms of the PNA in question – which brings us to AH v BH. Peel J emphasised the latitude and flexibility available to the court to determine the receiving party’s needs and, entirely contrary to the terms of the PNA, awarded W an outright housing fund and a capitalised income fund for ten years, totalling 8% of the assets. No stepdown was awarded since Peel J was not confident that W would be self-sufficient after ten years. Key factors influencing his decision were W being primary carer of the parties’ two minor children, the fact that the PNA, which contained a clause stating that it would be reviewed upon the birth of the parties’ first child (indicating their belief that it would not be a fair document in such circumstances), and the impact on W’s financial stability and dependency of having married and had children. Whilst Peel J noted that W might have received more absent the PNA, it is arguable that, the PNA being in place as it was, had he taken a more robust approach in relation to W’s longer-term needs, she might indeed have received less.

AH v BH reflects a renewed emphasis on judicial discretion in the context of determining needs where there exists a signed agreement intending to limit the financial claims a party might otherwise have had upon divorce. It also, together with the more recent case law, contributes to the uncertainty of what orders might be made where a PNA is found to cater insufficiently for needs, leaving legal practitioners in somewhat of a predicament in advising clients on likely outcomes.

Therefore, what Mr Entwistle’s fate will be remains anyone’s guess…

FINALIST FOR FAMILY LAW FIRM AT 2025 EPRIVATECLIENT EXCELLENCE AWARDS

We have been named as a finalist in the category of Family Law Firm (Full Service) at the 2025 eprivateclient Excellence Awards. 

These awards celebrate outstanding achievement across the UK and offshore legal, tax, fiduciary and advisory professions over the past 12 months and recognise firms that go above and beyond for their clients. Being named a finalist is a testament to our market-challenging and dynamic family law team and the level of service we provide to our clients. 

The winners will be announced at the awards ceremony on Thursday 12 June at the Nobu Hotel in London.  

Find out more about the awards and the other finalists here.

Winners of Best Law Firm for Quality of Work at Legal Cheek Awards 2025

We are proud to announce that we have been awarded Best Law Firm for Quality of Work at the Legal Cheek Awards 2025.

The winners were determined by the results of Legal Cheek’s annual trainee and junior lawyer and barrister surveys.

Winning this award reinforces our commitment to providing our people with opportunities to work on some of the most high profile and cutting edge matters alongside creative and influential clients across a range of sectors.

The full list of winners can be found here.

Harbottle & Lewis advises Poolhouse on its $34 million financing raise to revolutionise the game of pool

Developed by long-standing Harbottle clients, Steven and Dave Jolliffe (the founders of Topgolf and Puttshack) and led by CEO Andrew O’Brien, Poolhouse is a new social entertainment venue concept reimagining pool.

The concept combines the game of pool with cutting edge technology to create a new immersive experience, offering guests of all skill levels an engaging experience through a diverse library of interactive pool games together with a world class food and beverage offering. Poolhouse’s first venue is set to open in Liverpool Street, London, early in 2026 and they are in discussions to expand to open further venues in the Middle East, North America, Southeast Asia and Europe.

Poolhouse raised $34 million in its seed funding round from a number of venture capital firms and strategic investors from across the globe. The round was led by Sharp Alpha, a U.S. leisure-focused venture capital investor, and DMG Ventures, DMGT’s consumer venture capital fund. Other investors in the round included Emerging Fund, (investors in F1 Arcade, Flight Club and Batbox), David Blitzer (owner of the Philadelphia 76ers and New Jersey Devils), Simon Sports (a co-owner of Ipswich Town F.C.) and Active Partners (an early investor in Soho House). Signature Hospitality Group, one of Australia’s largest hospitality brand operators, has also taken an equity stake and signed a franchise agreement with Poolhouse.

On working with Harbottle & Lewis, Poolhouse CEO Andrew O’Brien commented:

“The Harbottle team did an outstanding job guiding us through the many inevitable complexities associated with a funding round of this size. Three things stood out for Poolhouse in particular: i) their pragmatic approach to resolving several more complex elements of the process, ii) superb communication within the team working with us – they were always in sync, and iii) great work rate, with many (very) late nights spent driving time sensitive tasks to punctual conclusions.”

Corporate partner Tom Macleod and managing associate Rosie Marston led the transaction, with support from corporate associates Elizabeth Compton and Jake Jacobson, and other departments across the firm. Commercial/sports partner Bob Mitchell led the licensing aspects of the transaction with support from senior associate Mike Jones.

Commenting on the transaction, Tom Macleod said:

“We are delighted to have supported the Poolhouse team on their $34m investment round, which paths the way for the launch of their first venue for this transformative new pool concept. We advised Poolhouse from its inception, providing advice on its corporate structure, licensing arrangements, employment and incentivisation matters, as well as running the investment transaction itself. This further demonstrates the breadth of H&L’s offering to emerging companies and our ability to advise on complex, high value venture capital transactions.”

COURT OF APPEAL VERDICT IN EXCLUSION CLAUSE DISPUTE

In February 2025 the Court of Appeal (by a 2:1 majority) dismissed an appeal brought by EE against Virgin Mobile in relation to a significant claim arising out of a telecommunications supply agreement.

The Court of Appeal agreed with the first instance decision that the exclusion clause excluded EE’s entire £24.6m loss of profit claim against Virgin Mobile.

EE claimed that it had suffered loss and damage in the amount of £24.6m as a result of Virgin Mobile breaching an exclusivity obligation in the telecommunications supply agreement, because EE had lost the revenue that it would have received from Virgin Mobile under the terms of the agreement had the exclusivity obligation not been breached.

Virgin Mobile denied breaching the agreement as alleged but argued that, in any event, EE’s claim was precluded because it was, in substance, a claim for anticipated profits. It therefore fell within the scope of the exclusion clause in the agreement which provided that “Neither Party shall be liable to the other in respect of … anticipated profits”.

EE argued that this interpretation could not be correct because (amongst other things), on the facts which occurred, EE did not have a wasted expenditure claim or a good argument for an injunction, so excluding the loss of profits claim would leave EE without an effective remedy, creating commercial absurdity and defeating the main purpose of the agreement.

The majority of the Court of Appeal rejected this argument because the specific facts which occurred, where no alternative remedy was viable, were not known to the parties when they entered into the agreement and therefore should not affect its interpretation. It was held that, applying the proper legal principles, the exclusion clause did preclude EE’s entire claim.

However, the Court of Appeal did not reach this conclusion easily, and indeed Phillips LJ dissented, noting that “it would be surprising if the parties intended that [Virgin Media] could breach the key exclusivity provision, unlawfully diverting its customers to a third party supplier, without incurring liability to pay EE damages reflecting the loss of revenue resulting from that breach”.

This case provides a further example of the unpredictability of the interpretation of exclusion clauses and the importance of clear, future-proof, contract drafting.

Important amendments to procurement legislation

On 24 February 2025 the Procurement Act 2023 (PA 2023) came into force.

This is significant for both public sector entities and their suppliers because the PA 2023 replaces the well-established EU-founded regime under the Public Contracts Regulations 2015 which previously governed public sector procurement processes.

The most striking change to the law is that the PA 2023 introduces a new supplier exclusion and debarment regime which means that suppliers who fail to meet particular standards or pose particular risks (for example, risks to national security) can be debarred from tendering for public contracts. This goes further than the previous regime which only allowed for suppliers to be excluded from particular projects.

In addition to the obvious financial implications of being precluded from participating in new tenders or being awarded call-off contracts, there are likely to be reputational consequences for the affected suppliers as debarred suppliers will be added to a public register, with the ground for their debarment also given.

There are routes to challenge disbarment but, just like any other public procurement challenge, it is advisable to take action quickly and obtain specialist advice to avoid falling foul of the procedural hurdles and limitation issues which claims of this nature often face.

Trump saves TikTok: Influencing the influencers

President Trump will reverse the TikTok ban within hours of being sworn in as President of the United States, as he promises to find a solution for the 170 million TikTok users in the United States (US). The US ban officially came into force at midnight on 19 January 2025.

The US, and President Trump’s ‘new best friend’ Elon Musk, know a lot about the power of social media, but can we really expect TikTok to sell to a US company? The US played a game of chicken with TikTok and it didn’t flinch – shutting its US site down, rather than handing over control. With the potential of a foreign adversary having access to its population, and the mass market data TikTok controls, the US would prefer to trust one of its own with such power.

Social media is a powerful tool for influencing its users, and it is clear that the US would prefer to keep control of its influencers rather than allow the Chinese to wield such influence. The TikTok ban has highlighted a much bigger issue, which is the power of social media and mass market data sets. Can we trust social media platforms with such data, irrespective of where they are based? The need for proper regulation and governance is clear and this must be addressed. Even in the land of the free, who is guarding the gatekeepers?