Insights: July 2013

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Swaps mis-selling – SMEs and the sophistication complication

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This April saw the start of the compensation process by the banks(1) taking part in the review regarding the mis-selling of interest rate swaps and other interest rate hedging products (IRHPs)(2). However, despite this, the news is far from good for some SMEs. This is because there is a significant obstacle on the road to […]


Business Property Renovation Allowance (BPRA) - HMRC Review 18 July 2013

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HMRC have announced a "technical review" of BPRA legislation with a view to making their policy purpose even clearer, so that the relief will be easier for both claimants and HMRC to operate. Perhaps this should be interpreted as code for "easier for HMRC to reject claims"? The technical note which HMRC have issued highlights […]


Employment Tribunal practice and procedure from 29 July 2013

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Changes are being made to the Employment Tribunal system in England. From Monday 29 July 2013, new Employment Tribunal Rules will be in force and (most) claimants will be required to pay a fee in order to commence a claim. Fladgate’s Employment Team has produced a one page “flowchart” intended to assist employment and HR […]


Fladgate rated as a "significant player" by India Business Law Journal

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India Business Law Journal has identified the law firms from around the world that are the leading foreign firms for work on major India-related deals. Fladgate is delighted to have been selected as a “significant player”. Accompanying editorial within the report states: “Fladgate has been winning work across practice areas for Indian clients since expanding […]


AIFMD goes live

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After years of discussion, consultation and deliberation the controversial EU Alternative Investment Fund Managers Directive (the Directive) finally comes into force in the UK today. The Directive’s scope is very wide and will affect the way in which many UK (and other EU and non-EU) managers of alternative investment funds conduct their business, including those […]


Community Right to Bid

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One of the themes in the Conservative Party’s manifesto for the April 2010 general election was the creation of a "Big Society". Some of the more ambitious plans fell by the wayside. However, other initiatives did take flight and were incorporated in the Localism Act 2011. One of these was the ability for local residents […]


Fladgate advises Barbican Group on acquisition of Seacurus Limited

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Fladgate LLP has advised the Barbican Group, a Guernsey headquartered insurance and reinsurance business trading at Lloyd’s, on its acquisition of UK-based niche marine insurance broker and Lloyd’s coverholder, Seacurus Limited. Seacurus was established in 2004 and has a leading position within the marine insurance broking sector, focusing specifically on revenue protection in the marine […]


Damages for breach of arbitration agreement

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There has been a further judgment at the Commercial Court in West Tankers v Allianz SpA [2012] EWHC 854 (Comm). The case originally came to prominence because the European Court of Justice held that the English court was not entitled to make an anti-suit order to prevent proceedings in Italy in breach of an arbitration […]


Fladgate advises Cathedral on Bromley South Central Scheme

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Fladgate LLP has advised Cathedral Group plc on the building contract and associated documentation for the Bromley South Central Scheme. Construction work has begun on the £90m mixed-use PPP development which will include cafes, restaurants, a 130 room hotel and a new 400 space underground car parking facility. Fladgate construction partner Alan Erwin advised Cathedral.


Changes to permitted development rights

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Controversial changes to permitted development rights, including much-publicised new rules to allow, on a temporary three year basis, change of use from office to residential without planning permission, are now in force. Announcing the changes earlier in the year, Eric Pickles stated that the new rules allowing change of use from B1(a) office to C3 […]


Hotel update - July 2013

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A summary of transactions and trends in 2013.


Primary Health Properties PLC acquires Primary Health Care Centres Limited

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Fladgate LLP has advised the owners of Primary Health Care Centres Limited (PHCC) on their sale of PHCC to Primary Health Properties PLC (PHP). PHP is the UK’s leading investor in modern primary healthcare facilities. PHCC owns 11 primary care properties, all of which are fully let generating a rent roll of £1.7m. PHP acquired […]