Insights: February 2012

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BPRA: room for improvement

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A Business Premises Renovation Allowance (BPRA) is available pursuant to a special regime that allows building owners to claim enhanced capital allowances on expenditure, that is incurred on unused commercial buildings to bring them back into commercial use. They have three functions: they can be seen as being a government incentive to regenerate ‘disadvantaged areas’; […]


Fladgate advises NHP on £22.5m disposal of Kingston Power Station development site

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Fladgate LLP has acted for property developer NHP Leisure Developments Limited (NHP) in connection with the sale of part of the former Kingston Power Station site to Redrow Homes Limited (Redrow) for £22.5 million. The former power station site includes an existing electricity sub-station known as Kingston Heights which NHP has retained, and upon which […]


Fladgate strengthens construction team with partner appointment

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Fladgate LLP is delighted to announce the appointment of partner David Weare, who joined earlier in the month. David was previously head of construction at Olswang LLP and at Davies Arnold Cooper. David, who has a wealth of experience acting for clients from across the industry including contractors, sub-contractors, employers and professional consultants, is ranked […]


Enforcing a declaratory award

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The Commercial Court has confirmed that declaratory arbitration awards may be enforced by the court under section 66 of the Arbitration Act 1996, where there is a reasonable prospect of the award creditor establishing the primacy of the award over an inconsistent judgment. In West Tankers v Allianz SpA [2011] EWHC 829 (Comm) there was […]


Fladgate advises on acquisition of Knightsbridge favourite, Toto's

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Fladgate LLP has advised a Dubai based client on the lease of the basement, part ground and mezzanine floors of Walton House, Walton Street in Knightsbridge, London, formerly Toto’s restaurant. The goodwill of the restaurant was also acquired along with the right to the Toto’s name. The restaurant will undergo refurbishment and will open as […]


Property in a trading insolvency

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The acquisition of Plymouth Argyle Football Club from the club’s administrators was complicated not only by the labyrinthine regulatory structure of the football world, but also because valuable property and trading assets were held in the same entity. Similarly complicated non-property regulation and law pose particular problems for insolvent businesses in other fields, such as […]


The self-employed - are they worth it?

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Widespread use of contractors, consultants, casual workers, agency staff and other types of “non employee” workers by organisations has been in place for some time, due to the advantages that such arrangements can offer to both parties. Individuals providing services on a contractor or consultant basis are afforded a cash flow advantage (and perhaps even […]


How can I guard against buying a fake painting?

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As art has out-performed equities in recent years, I am thinking of buying art for investment. How can I avoid the sort of disputes I’ve seen reported where people buy art and then find out it belongs to someone else or it’s fake? Answer: The art market is huge and disputes only arise from a […]


Not only is it reasonable but it is now obligatory: dilapidations

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The pre-action protocol for terminal schedules of dilapidation was formulated ten years ago by the Property Litigation Association. It sets out a procedure for both landlords and tenants to deal with the issue of terminal dilapidations in an open manner, with the aim of facilitating a prompt settlement of claims and, where possible, to avoid […]