Insights: September 2008

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Quarter Day - September 2008

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Legal updates for all those involved in the real estate sector.


Companies Act 2006 - Financial Assistance

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Financial assistance by companies for the acquisition of their shares has long been an obstacle to getting deals done. The days of the "whitewash" are now over. Private companies Companies have historically been prohibited from giving financial assistance for the acquisition of their own shares or the shares of their holding company. The only exception […]


Fladgate advises Bluewater Bio International on further fund raising

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Fladgate LLP has advised AIM listed client Bluewater Bio International, the provider of an advanced wastewater treatment solution named HYBACS, on the raising of £2m through a placing of Ordinary Shares. The Fladgate team handling the transaction was led by corporate partner, David Robinson who commented: “We are delighted to have helped Bluewater Bio complete […]


New disclosure requirements for all companies

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The Companies (Trading Disclosure) Regulations 2008 are changing the law on the display of company names. From 1 October 2008, companies will no longer have to put their registered name on the outside of buildings but will have to display their name so that it may be easily seen by visitors to their registered office […]


When is a shop a "house"?

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This question is not as ridiculous as it first seems. Under the Leasehold Reform Act 1967, a tenant: (i) under a long tenancy (i.e. granted for a term of more than 21 years); (ii) of a house; (iii) at a low rent; and (iv) where the tenant has been the tenant of the property for […]


Fladgate advises Kimeret on Homebase acquisition

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Fladgate’s real estate team has advised Kimeret on its acquisition of a Homebase store in Cardiff from the Morley Pension Fund. The property team was led by commercial property partner Richard Kaufman, assisted by partner Mark Harnett on planning. Commenting on the acquisition, Richard Kaufman said: “The structure and timing of the transaction owed much […]


Companies Act 2006 - Update

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On 1 October 2008 the gradual introduction of the Companies Act 2006 continues. The main new provisions are summarised within this update. Conflicts of interest Following the introduction in October 2007 of four of the new codified statutory duties required by directors, the three remaining duties, relating to conflicts of interest, are now introduced. These […]


Right to be accompanied

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The right of an employee to be accompanied at a disciplinary or grievance hearing is enshrined in the Employment Relations Act 1999 (section 10), and it is also identified as one of the "core principles of reasonable behaviour" in ACAS’ Code of Practice, which employment tribunals are obliged to take into account when determining whether […]


Fladgate advises Care Worldwide on its acquisition of Riseway Care Homes

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Fladgate’s real estate team have advised the owners of Care Worldwide (Oldham) Limited on its acquisition of Riseway Care Homes Limited which is the owner of The Coppice Nursing Home in Oldham. The client has, in the past couple of years, acquired several such homes, predominantly in the north of England. The Fladgate property team […]