Insights: July 2009

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No liability for negligent money laundering suspicion


In deciding to make a report under the Proceeds of Crime Act 2002, a bank could not be liable for negligence in forming the suspicion which required it to make an authorised disclosure (report) to SOCA. In Shah v HSBC Private Bank [2009] EWHC 79 (QB) the customer claimed that the bank had no reasonable […]

Banking newsletter July 2009


Legal updates for those involved in the banking sector.

Fladgate acts for AIM-listed Dori Media Group on a placing and open offer


Fladgate has acted for AIM-listed client Dori Media Group Limited (Dori) on the raising of £1.58m by way of a placing of ordinary shares admitted to trading on 9 June 2009 and through an open offer of ordinary shares admitted to trading on 10 July 2009. Dori is an Israeli-based international media company active in […]

Zog Group to continue with development scheme


Land Securities has been forced to discontinue High Court proceedings and pay legal costs, having issued a claim in January 2009 against a company connected with the Zog Group (Zog). Land Securities owns a property neighbouring the 3.6 acre Skylines Estate, Limeharbour, which Zog intends to develop. Fladgate registered light obstruction notices against a number […]

Switching off the light


As inner city development continues, the question of rights of light becomes ever more pressing. Affected building owners often claim a share of a developer’s profits for infringements of their rights of light, and in some cases, injunctions to prevent construction. The stance of the courts is shifting and, following the decision of Regan v […]

Twelve Fladgate partners to feature as "leaders in their field" in Chambers UK

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Fladgate is delighted to announce that the following partners will feature as “Leaders in their Field” in the 2010 edition of Chambers UK – a Client’ Guide to the UK Legal Profession, due to be published in October 2009: Gillian Birkby – Construction Mark Buckley – Sport Alan Erwin – Construction Mark Harnett – Planning […]

Toumaz Holdings Limited raises £3m by way of a placing


Fladgate LLP has acted for AIM listed company Toumaz Holdings Limited on its latest raising of £3m by way of a placing, with new and existing shareholders, of 44,117,650 new ordinary shares of 25p each. The new funding follows a £2.9m placing in May of this year. Toumaz is a niche investor specialising in ultra-low […]

Mistakenly released security saved


In Andrew Fender v National Westminster Bank Plc [2008] EWHC 2242 (Ch), the bank asked the court to set aside a deed of release of a charge, over the property of a company, where the bank had overlooked that there remained debts due to it. The company later went into administration and the bank appeared […]

Imposing settlements


The abundance of contractual relationships on most large scale construction projects means that when things go wrong, complex, multiparty legal actions usually follow. With each party pushing its own agenda, finding common ground can be a challenge and achieving a settlement that all parties can live with is even more difficult. Exactly this sort of […]

Fladgate advises Mountcharm on two West End property purchases


Fladgate LLP has acted for Fineraid Limited, part of the family-owned property company Mountcharm, on the successful completion of two West End property deals. Fladgate property partner Barbara Eilon advised Mountcharm on their purchase of offices in a prime W1 location and the purchase of 101-102 Jermyn Street and Appletree Yard. Founder of Mountcharm, Mel […]

Notice to complete: to serve or not to serve


Delayed transactions are obviously common at the moment. However, the options/strategy available to both parties are not as straightforward as first meets the eye. Although a contract for the sale of land will frequently specify the completion date, failure to complete on that date will not automatically entitle the innocent party to terminate the contract. […]