Insights: July 2014

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Carry On Giving: how to manage the CGT bill on gifts

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With asset values on the rise, many of my clients’ thoughts are turning to Inheritance Tax (IHT) planning. That can sometimes lead to thoughts about giving away assets to children in lifetime in the hope of surviving seven years. However, it seems even the best laid IHT mitigation plans can come unstuck when Capital Gains […]


Fladgate acts for Bacanora on £4.75m placing and admission to AIM

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Fladgate LLP has acted for new client Bacanora Minerals Ltd. (Bacanora) on its £4.75 million placing and admission to AIM. Bacanora is an explorer and developer of industrial minerals in Mexico with a primary focus on borates and lithium. It is also listed on the TSX Venture Exchange. Fladgate corporate partner Paul Airley advised Bacanora.


Fladgate completes six resources deals in five weeks

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Following a busy H1, Fladgate’s capital markets and natural resources team has completed six transactions in five weeks for clients in the resources sector, including: The £4.75m placing and admission to AIM on 25 July of new client, TSX-V listed Bacanora Minerals Ltd. Bacanora is an explorer and developer of industrial minerals in Mexico with […]


Recent court decision on tiered dispute resolution clauses

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Is an agreement to engage in “friendly discussions” before commencing arbitration enforceable? Tiered dispute resolution clauses Tiered dispute resolution clauses, also known as ‘escalation’ clauses, require the parties to undertake one or more forms of alternative dispute resolution (ADR), typically negotiation and/or mediation, before commencing formal litigation or arbitration proceedings. The idea behind this is […]


Changing roles

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Gillian Birkby examines the legal implications of Health and Safety Executive proposals on changes to the Construction (Design and Management) Regulations with an eye to how they will work in practice. The Health and Safety Executive’s (HSE) aims in updating the CDM Regulations 2007 include improving worker protection, health and safety on smaller construction sites […]


New ICC Rules of Mediation

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On 1 January 2014 the International Chamber of Commerce (ICC) published new Rules of Mediation (Rules) accompanied by the supplementary Mediation Guidance Notes. The Rules are a revision of the ICC’s Amicable Dispute Resolution (ADR) Rules which had been in force since 1 July 2001. The publication of the new Rules is part of the […]


The "intern-al" problem for the fashion industry

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The use of unpaid interns in the fashion industry is nothing new, but they have been very much in the spotlight in 2014. Earlier this year, a former intern at Alexander McQueen – backed by campaign group Intern Aware – brought a claim for over £6,000 in lost wages in respect of a four-month placement […]


Fladgate advises Medina Investments on development site acquisition

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Fladgate LLP has acted for developer Medina Investments on the acquisition and funding of a development site on Clerkenwell Road, EC1. Medina Investments have submitted a planning application for the site, a former petrol station, for development into a mixed use scheme comprising a 225 bedroom hotel, five residential apartments and three ground floor retail […]


Hirst's Bombay Mix-up

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There was an interesting article in The Telegraph last week about a work called Bombay Mix, by Damien Hirst, and the dispute between his certification company, Science Ltd, and a Mr and Mrs Simpson who possess the work. According to the article, in 1988, Hirst was commissioned to paint Bombay Mix, an early spot painting, […]


Fladgate acts for JustEnough in defeating interim application

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In a widely reported judgement, Fladgate acted on behalf of JustEnough Software Corporation, the defendant and counterclaimant in a Commercial Court action brought by Supergroup Plc, the owners of the Superdry clothing brand, in successfully defeating an interim application. Having brought proceedings in 2013, Supergroup discontinued its claim against our clients in May 2014, and […]


'One man, two guvnors': appointing deputies in the Court of Protection

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Since February, when the President of the Family Division and the Court of Protection issued practice guidance on the publication of Court of Protection decisions, there have been many more Court of Protection cases reported in the mainstream press. If publication of cases raises awareness among the general public of the benefit of planning for […]


Competition law and lease renewals!

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In 2011 real estate agreements, including leases, became subject to the full scrutiny of the Competition Act 1998. Its impact was going to be uncertain and many commentators and lecturers ended pieces with “only time will tell”. Well, earlier this year “time told” in a decision in the Central London County Court. It is thought […]