"Freeths have been advising the Maria Mallaband Group for many years, particularly on the acquisition, development and funding of our new care homes and we’ve found them to be pragmatic, hands on and focused in getting things done. James Clamp leads the team and provides a first class service, whether we are dealing with smaller landowners / developers or major international investors and funders. He covers the whole spectrum of deals for us efficiently and in a capable manner. Working seamlessly with James is Phil Baigent who handles the group’s corporate and banking work. They are a great team who consistently impress the people we deal with."
(Chris Womack, Business Development Director, MMCG)
An accomplished corporate real estate lawyer, he is a specialist in the care sector and acts for national operators, as well as developers and funders.
He has led on the real estate aspects of some of the UK’s biggest care sector transactions and cross-border transactions involving US, Chinese and Middle Eastern funding sources. James also has significant experience of dealing with business transfer agreements and corporate business sales, both in acquisitions and disposals.
He has recently advised several new entrants to the UK senior living market, helping them launch their platforms and advising them in relation to partnership and accords with care operators, to deliver a full service senior living offering.
The depth and breadth of his understanding of private healthcare transactions, is unparalleled.
James is listed as a Recommended Lawyer and Next Generation Partner in the Legal 500 (2020 edition).
Real Estate Finance
James has advised a multitude of banks, investors, and developers in a wide range of real estate finance contexts. He has advised on complex development finance projects where investment finance has been provided through intricate corporate structures. He has also completed developments acquired by investors through ROFOs or share call options.
He has acted for many ‘high street’ banks on more mainstream debt finance deals and has a wealth of experience dealing with institutional investment/lending requirements.
In recent years James has undertaken a lot of work with US REITs. He is experienced in dealing with ‘triple net’ lease structures and cross-collateralised framework agreements for portfolio deals.
- Led the real estate advice to a client on the sale of a portfolio of 23 UK-wide residential and nursing care properties to a US REIT in a £75.8 million sale and leaseback arrangement.
- Advising a care operator on the negotiation of a funding framework agreement, to provide a secure source of development funding from Middle Eastern backed investors.
- Led on the real estate advice to a developer obtaining development finance from a US REIT (including advising on ‘ROFO’ agreements).
- Led the real estate advice to a client on the purchase of a portfolio of 9 operating care homes for £103 million. James also led the associated real estate finance work involved as part of obtaining funding for the purchase from a US REIT.
- Acting for institutional funders providing real estate finance to borrowers (ranging from lending values of £500k – £30 million) in a range of contexts and sectors.
James advises a variety of developers on acquisitions, disposals and securing development funding. He has dealt with the acquisition of over 115 sites for care home development and dealt with the funding, leasing and selling of those developed sites.
James has significant experience of advising developers/occupiers on forward funding development agreements. He also has experience of dealing with complex site assembly (achieved via conditional contracts, pre-emption and option agreements) on behalf of developers to enable end disposals with the benefit of planning permission.
- Acting on the acquisition of a 19 acre development site in Hemel Hempstead for a data centre provider. This involved the granting of complex sub-lease interests to a major satellite broadcasting company requiring high specification, secure and 24-hourly operational data centres.
- Acting on a planning promotion agreement for a developer in relation to a 50 acre site for housing development and advising on the associated ‘site assembly’ aspects to enable the development to proceed.
- Acting on the acquisition and funding of over 100 sites for redevelopment as large residential care homes.
James has acted for occupiers taking leases of new buildings, signing up to ‘pre-let’ development space and in the on-going management of portfolios (including lease re-gearings). He is experienced in all aspects of non-contentious landlord and tenant law. James also has significant experience in dealing with investor style leases where landlords require institutional strength covenants to preserve residual investment value.
- Advising a major international data centre operator on the leasing of several purpose built data centre site. Also, the subsequent sub-lease of parts of these sites to ‘blue chip’ multinationals as part of complex service level agreements.
- Advising a Japanese company on its flagship London office re-location near the Bank of England; securing a 15 year lease with a net rental liability in excess of £3 million p/a.
- Led the real estate advice to a client on the purchase of a care home group comprising 9 operating homes for £108 million. He also advised on the associated real estate finance work involved, as part of obtaining funding for the purchase from a US REIT.
- Acting on the acquisition and funding of over 100 sites for redevelopment as large residential care homes. With a gross developed value of over £400 million, the sale of many of these were to institutional and operator purchasers.
- Advising care home operators on the acquisition, funding and sale of care home businesses. James handles both the real estate and business transfer aspects of these transactions.
“James is an integral part of our wider professional team who not only understands who we are but is driven to deliver the results we require. He is key part of our continued success as a business.”(Ben Miller, Chief Operations Director, Gyron Internet Limited)
“James’ ability to grasp the real issues and what matters to us as a business makes transactions easier to handle – allowing us to focus our time and resources where it’s really needed. He always displays a ‘can-do’ and positive attitude.”(Chris Womack, Group Business Development Director, Maria Mallaband Care Group/Countrywide Care Homes)
“Ever since I met James at a networking event, I have been very impressed by his knowledge of the care sector and his people skills. Since meeting him, we have moved to ensure Freeths provide us with ‘full service’ legal support, keeping James as our main point of contact. As a care consultancy business, we need to have someone pragmatic to advise on legal issues – James does that extremely well.”(Bhavna Keane-Rao, Owner/Founder, BKR Care Consultancy Limited)
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Contact: 03301 001 014