The Daily Telegraph

Hands wins battle over Four Seasons care home blunder

- By Christophe­r Williams

THE private equity tycoon Guy Hands has come out on top in a £136m court battle with the US hedge fund lender to his troubled care homes operator Four Seasons, after a blunder by a top City law firm threatened to further increase his losses on the disastrous buyout.

The High Court found that a lucrative group of 24 care homes acquired later by Mr Hands in a separate deal was mistakenly pledged to Four Seasons’ lenders, who are led by the hedge fund H/2 Capital.

Mr Justice Carr ruled that a “serious error” in 2016 by Allen & Overy (A&O) meant the homes were included in bond security documents that should be torn up and rewritten to exclude them. The homes trade in the private sector only as Brighterki­nd and are managed by Four Seasons.

The victory for Mr Hands and his private equity firm Terra Firma removes one element of uncertaint­y in separate talks to hand control of Four Seasons to H/2. The hedge fund bought up most of the operator’s £525m bond debt at a discount as pressure on public funding for care wiped out all of Terra Firma’s original equity investment.

Mr Hands has already booked a £450m loss on the 2012 acquisitio­n and faced further potential embarrassm­ent if the Brighterki­nd homes had been lost too.

He has been attempting to raise funding following his last High Court appearance, a failed attempt to sue bankers who advised on Terra Firma’s calamitous debt-fuelled takeover of record label EMI. A spokesman said it was pleased that the court found that in the Four Seasons case all parties “knew and understood … the fact that the security ... was a mistake”.

The decision is also a relief to A&O, which could have faced a compensati­on claim from Terra Firma. It declined to comment on the ruling. H/2 Capital had no immediate comment.

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