Insights: October 2013

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The curious incident of the trust (and) the matrimonial property regime

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Estate planners may dismiss the recently reported Court of Appeal case of Slutsker* v Haron Investments Ltd & Another ([2013] EWCA Civ 430) as one for divorce lawyers only. However, for anyone engaged in setting up trusts or other wealth structuring vehicles, the case is an intriguing one. The facts; in brief. In 2000, with […]


Disclosure from foreign parties

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Two recent cases have involved foreign parties trying to resist orders for the disclosure of documents on the ground that it would be contrary to their local law. In National Grid Electricity v ABB Limited and 22 others [2013] EWHC 822 (Ch) French companies were required to provide specific disclosure in connection with a claim […]


Fladgate achieves eight "Leaders in their Field" rankings in Chambers Global 2014

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Fladgate is delighted that the following partners and consultants will feature as “Leaders in their Field” in the 2014 edition of Chambers Global – The World’s Leading Lawyers for Business. Individuals are ranked after extensive research by the Chambers team with opinions sought from clients, peers, referees and competitors. Alex Kaufmann Corporate/M&A (Germany) Corporate/M&A (United […]


Net contribution clauses - an important decision

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In a recent court case the judge made an important finding on the wording of a “net contribution” clause, and awarded significant damages for distress and inconvenience arising out of the repair of defective work. The project was a fairly standard one. Mr and Mrs West purchased a five floor house close to the Thames […]


Fladgate advises on Tritax Next EZ Fund asset sale

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Fladgate advised Equiom (Isle of Man) Limited, professional trustees to the Tritax Next EZ Unit Trust on the real estate investment sale of two Next distribution units, together representing over 1.1m sqft of high-bay distribution warehouse space, with ancillary adjoining land, at Brookfields Park, Manvers Way, near Rotherham to Legal & General Property. Legal & […]


The wider picture: a guide to international image rights

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The basis of image rights differs from region to region, causing confusion especially when it comes to cross-border player transfers. Mark Buckley explains how effective legislation is in various countries. There was huge press interest in the transfer of English Premier League (EPL) Tottenham Hotspur footballer Gareth Bale to Spanish La Liga club Real Madrid, […]


What do Ski-ing and Inheritance Tax have in common?

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On a week’s escape from the office recently, I had the pleasure of residing at a rather swanky Yorkshire hotel for a few days. I was enjoying the novelty of a leisurely read of the paper over breakfast when I found my attention drawn to a conversation ensuing offstage left. A lady was regaling her […]


Employment newsletter - October 2013

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Updates for HR professionals.


Another "updata": recent developments in data protection

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New Subject Access Code of Practice Subject Access Requests (SARs) are the device under which individuals can ask businesses to supply them with details of what personal information is held on the individual concerned, as a statutory right under the UK’s Data Protection Act 1998 (DPA). The body responsible for enforcing the DPA, the Information […]


Bankruptcy tourism: Court improves creditors' position in forum shopping cases

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On 12 September 2013 the High Court dismissed the petition of a German national who had incurred substantial debts, almost exclusively in Germany, to be declared bankrupt (Re Wilfried Löffler). Alexander Wildschütz and Lisa Serrant of Fladgate’s Banking Litigation team acted for the opposing German bank. For some time debtors from across the EU have […]


Do expats need English wills?

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I know from having worked with lawyers across the shores from the British Isles that not all jurisdictions place an emphasis on making a will to control the distribution of a person’s assets on death. Some countries set down rules that govern where a deceased person’s assets will pass and therefore a ‘testamentary disposition’, as […]


Real Estate Investment in England & Wales

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Historically there has been significant investment by overseas individuals and corporations in property in England and Wales and in particular in central London which is perceived as a safe haven for overseas investors. Much of the recent overseas investment has been focussed on residential property, but there has also been substantial investment in commercial property. […]