Insights: May 2011

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Convincing tribunals that retirement is justified


Employers have in the past been able to use a compulsory retirement age, quite legitimately, to manage changing needs. When the Age Regulations 2006 came in, employers were still able to retire employees at 65 because of the existence of the statutory default retirement age (DRA). However, the DRA was abolished from 6 April 2011. […]

Fladgate advises Esporta on £77m sale to Virgin Active Health

James Fry, Matthew Williams, Mark Saunders |

Fladgate LLP has advised on the property aspects of the disposal of the Esporta Health Clubs’ (Esporta) business to Virgin Active Health (Virgin Active) for £77.6m. The sale is subject to the approval of the Office of Fair Trading. Following completion of the deal Esporta may seek to sell the freehold racket club sites, which […]

Going for broke


Adjudication can help companies’ cashflow, but what happens in cases of insolvency when there is no cash to flow? There’s no point winning an adjudication if the other party can’t be made to comply with the decision. The robust approach taken by the Technology and Construction Court to enforcing adjudicators’ decisions has made it a […]

The three little words that every lawyer wants to hear

Eddie Powell |

No, we don’t expect our clients to tell us they love us! But we do love it when clients use “subject to contract” in their negotiations. A recent case in the UK Court of Appeal, Immingham Storage Co Ltd v Clear plc, highlights the court’s willingness to enforce a contract where all essential terms have […]

Fladgate advises Indian conglomerate on London hotel acquisition

John Forde, Mark Harnett, Sunil Sheth, Mythily Katsaris |

Fladgate LLP has advised Indian based Bird Group, a conglomerate of independent companies in the travel and technological arenas, on the acquisition and refinancing of The Royal Park Hotel. The Royal Park Hotel is a boutique hotel located on Westbourne Terrace, comprising three carefully restored, mid 19th-century Grade II listed townhouses. US-based Interstate Hotels and […]