Kingsley Napley American services

Providing legal support for American citizens, their families and businesses, who are based in the UK and overseas.

Find out how we can help

"The firm as a whole provides a "Rolls-Royce" service, with particular expertise in cases with an international / multi-jurisdictional element"

Legal 500 UK, The Client's Guide to Law Firms

Our highly experienced and multi-disciplinary team of lawyers offers a wide range of legal services for American expats and businesses to help protect all of their personal, family and business interests in the UK and overseas. In addition to providing legal services for US citizens while in the UK, we also advise on any legal matters involving cross-border wealth planning, investigations or other legal proceedings.
 

We advise in respect of the laws of England and Wales but we have an established network of trusted advisors in the US and in other jurisdictions with whom we can liaise on any issues involving cross-border collaboration and advice.

Our lawyers are renowned for their integrity and expertise in dealing with complex international cases, which are often high profile and sensitive. Our range of expertise includes immigrationfamily & divorcecriminal litigationextraditionwealth & tax planningdispute resolution, media & reputation managementreal estatecorporate & commercialemployment, and medical negligence & personal injuryregulatory  and public law issues.

Please expand the sections below for further information about our services and ways in which we can assist. 

CORPORATE AND COMMERCIAL MATTERS

We specialise in acting for entrepreneurs, owner managed businesses and investors in UK companies (many of whom are based overseas). We advise in relation to angel and VC investments, corporate transactions involving UK entities, banking, financing and on all aspects of running and growing a business. Much of the work we do relates to the technology sector, although we also regularly advise in the financial services, media, publishing and real estate sectors. Our priority is to provide creative and cost effective advice, focusing on the issues which are of specific concern to our clients.

 

CRIMINAL INVESTIGATIONS - INCLUDING EXTRADITION AND INTERPOL

We maintain a full-service criminal team dealing with the full range of criminal matters, from allegations of white collar crime to #MeToo investigations, from requests for mutual legal assistance or extradition to Interpol red notices - and everything in-between.

We are experience in dealing with cases in which both the United Kingdom’s and the United States’ authorities are involved. Such cases throw up complex challenges caused by conflicting rules on legal professional privilege, data protection and privacy rights as well as the different powers the investigating agencies have. Our understanding of these issues, our first-hand experience of the way the various law enforcement bodies co-operate and our excellent relationships with specialist Counsel and law firms in the US mean we can secure the best possible outcomes for our clients.

Our work on all kinds of hard-edged criminal investigations and our familiarity with the law enforcement agencies on both sides of the Atlantic means we are well-placed to advise on internal investigations involving both jurisdictions and UK compliance issues that a US company might have to address. 

We regularly act for US citizens who find themselves caught up in the English criminal justice system; discretely providing innovative, pragmatic solutions to complex and sensitive legal problems that affect their livelihood, business or reputation.

 

EMPLOYMENT AND LABOUR LAW ISSUES

Richard Fox has led the Employment team since its inception more than 25 years ago. During that time he and the team have developed a particular interest and deep experience in working with US lawyers and businesses in establishing and managing their operations in the UK.  Our services include:

  • Recruitment, offer letters, contracts of employment and service agreements for employees and directors
  • Business protection (restrictive covenants, garden leave and team moves)
  • The rights of employees on business transfers, mergers and acquisitions and re-organisations
  • Employees’ rights to privacy and data protection, and the right to monitor emails and other communications and use of the internet
  • Employment and HR policies (equal opportunities policies, disciplinary procedures and codes of conduct)
  • LLP’s and Partnerships
  • Anti-discrimination legislation (including on grounds of marital or civil partnership status, sex, pregnancy and maternity, sexual orientation, age, disability, race, national origin, religion or belief)
  • Protection for whistleblowers and internal investigations
  • Redundancy/reduction in force programmes
  • Termination of employment and avoiding disputes eg by mediation
  • Managing employment disputes and litigation

We also act for many US individuals in diverse sectors such as financial services, professional services, marketing, digital, media and oil & gas. We advise them on issues such as the following:

  • Contracts of Employment/Service Agreements , LLP Agreements and LLP Partnership Deeds and Agreements
  • Restrictive covenant, garden leave and team move issues,
  • Business transfers, mergers and acquisitions and re-organisations
  • Privacy and data protection rights, email and social media communications monitoring, and the use of the internet
  • Disciplinary, capability and other internal processes including internal investigations
  • Discrimination issues, such as those based on marital or civil partnership status, sex, pregnancy and maternity, sexual orientation, age, disability, race, national origin, religion or belief
  • Whistleblowing rights and protection
  • Redundancy/reduction in force programmes and procedure
  • Rights on termination of employment
  • Employment mediation and litigation – representation and advice.

Richard and the team also have a specialty in advising on sexual misconduct in the workplace issues. We have been involved in many such cases, particularly since the advent of the #MeToo movement at the end of 2017. We represent all parties,  including employers, individual complainants and those who are accused of sexual misconduct. Richard is a well known commentator in this area.

 

FAMILY AND DIVORCE PROCEEDINGS

We provide a specialist family law expertise to US nationals living in or with links to the UK. We have strong relationships with matrimonial lawyers and other professional advisors in the US.  

We can help you to resolve divorce or separation disputes, whether there are aspects relating to finances, children or both. We are experts in cross border children cases, in particular cases where one party wishes to return or move to the US with a child or children.  We also regularly advise on the preparation of prenuptial or postnuptial agreements involving American nationals who live in, or are planning to move to England.

Members of our team regularly travel to the US and Jane Keir, a partner in our family and divorce team, regularly speaks at International Association of Family Lawyers (IAFL) and American Association of Matrimonial Lawyers (AAML) conferences. 

 

IMMIGRATION AND NATIONALITY LAW ISSUES

Nicolas Rollason heads our market leading corporate and private client immigration team.  We assist with UK bound applications, coordination of US inbound applications and global immigration applications. 

For UK bound immigration applications, we have excellent long standing relationships with senior contacts at the decision-making centres in the US.  Alongside our corporate and commercial law colleagues, we regularly assist US based corporate clients with establishing a UK presence and transferring staff to the UK.  Normally that is via Tier 2 of the Points Based System and can involve expedited applications for a Tier 2 sponsor licence as well as efficient use of the Tier 2 Intra-company transfer scheme.  Where an existing US based senior employee is to set up the UK company, we can assist with a Representative of an Overseas Business application.  For private individuals based in the US, including entrepreneurs and HNW individuals, we can advise on the most appropriate route to move to the UK, including the Tier 1 (Investor) category, Start-Up/Innovator categories and applying as the partner of a British citizen as well as advising on any surrogacy and adoption issues.

Key members of our team are members of the American Immigration Lawyers' Association (AILA) and the American Bar Association (ABA) (for example, Marcia Longdon is a Human Rights & Immigration committee member with the Employment and Labor Section of the ABA).  We have strong working partnerships with specialist US immigration law firms which can assist with US-bound immigration matters.  We can project manage those applications and the advice in order to provide a streamlined and efficient service to our clients. 

Nicolas and Benjamin Sookia, our Global Immigration Manager, have led various talks in the US for AILA’s Global Migration Section.  They have also co-authored a chapter on global immigration policy trends for the International Comparative Legal Guides.  As well as assisting with US inbound applications, Ben assists corporate and private clients with immigration applications for countries across the globe, and partners with KN Global’s trusted network of specialist advisers and global mobility service providers.

 

REAL ESTATE AND CONSTRUCTION

Our team of highly esteemed property lawyers are able to advise on all areas of real estate and construction law. We are well placed to assist clients with legal matters concerning their commercial and/or residential property interests in England and Wales

 

wealth and tax planning

Our US clients, now permanently or temporarily  based in the UK, or with real estate here, regularly seek our advice on issues of:
  • Residence and domicile and their impact on tax and succession 
  • Succession to their UK assets and dovetailing arrangements with their US Will/lifetime trust
  • Exposure to UK taxes and the workings of the US/UK double tax treaty
  • Planning for UK inheritance tax 
  • The interaction of trust laws in the UK and USA and the differing tax treatment in each jurisdiction, liaising closely with clients' US tax/trust advisers.
A large part of America’s legal history is shared with England and Wales; laws and systems are complementary and US / UK Wills can be made to work in both jurisdictions.
 
While a client’s accountants can generally advise/ensure that income or capital receipts aren’t taxed twice, inheritance tax on UK assets (where US domicile is retained) kicks in at much lower levels that US estate taxes.
 
 We can offer careful and effective  advice for mitigating inheritance tax - usually at the point that a new family home is purchased in the UK, working closely with our real estate team to structure the purchase tax-efficiently.
 

 

Further information

To find out  more and for advice on your particular circumstances, please contact Jane Keir (family and divorce), James Ward (wealth and tax planning), Ilda de Sousa (immigration), Richard Fox (employment),  James Fulforth (corporate and commercial), Bethan Owen (real estate), Alun Milford (criminal investigations) or Sandra Paul (criminal litigation) - or indeed any member of our team.

Services

Criminal Litigation

Our criminal lawyers are astute, supportive and highly sophisticated, particularly known for providing strategic, sensible and practical advice.

Dispute Resolution

Dealing with a dispute professionally and commercially takes skill. We assist and support our clients with both legal knowledge and strategy.

Employment

Whether you are a business or a senior employee, our employment law specialists will give pragmatic and commercial advice.

Entrepreneurs

Whether you are in the start-up phase, looking for your next acquisition or in the midst of a dispute. Our entrepreneurs team has the expertise to help.

Family and Divorce

Recognised nationally and internationally as one of the best family law teams for our expertise in both finance and cases relating to children.

Immigration

Our specialist team has been advising businesses and individuals on all aspects of UK immigration and nationality law for over 20 years.

International Crime and Extradition

Criminal law is increasingly an international concept with cross-border implications. Knowing your rights and options is essential.

International Families

Our expert team of lawyers can help you plan for and protect all of your interests and affairs as you are on the move.

International Personal Tax, Wealth and Philanthropic Structuring

Our clients and their families are located throughout the world. We provide clear and strategic UK tax structuring and reporting advice.

Protecting your Reputation

Your reputation is at risk. We’ll help you protect yourself while avoiding the spotlight.

Wills, Succession Planning and Trusts

Many of our clients have complex business structures, high value real estate or other assets which necessitates careful planning.

Residential Real Estate

We advise high net worth individuals and celebrities on a wide range of residential property issues, including borrowing and lease extensions.

Further information, blogs, videos and guides

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+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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