Insights: November 2014

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Letter of credit injunctions


The Privy Council has ruled on an appeal from the Mauritian Court of Appeal which granted an injunction to prevent a bank from paying out under a letter of credit. In Alternative Power Solution Limited v Central Electricity Board [2014] UKPC 31, the bank had issued a letter of credit setting out documents required to […]

Look out for Lockouts


As the property market again witnesses ever-increasing property prices, ‘lock out agreements’ (or ‘exclusivity agreements’ as they are often called) are becoming more and more prevalent. But are they worth it? In a buoyant market one danger to buyers is that once an offer has been accepted, the buyer must begin the time consuming and […]

Fladgate continues to be highly rated by Chambers UK 2015


Fladgate LLP has continued to be highly rated by Chambers Guide to the UK Legal Profession 2015, with a number of the firm’s partners ranked as leading individuals. Construction: Purchaser What the team is known for: Advises on engineering, building and development projects, alongside disputes. Significant and expanding focus on renewable energy projects, including issues […]

Fashion update - November 2014


Updates for professionals with an interest in the fashion industry.

Can trusts be trusted in the event of divorce?

Helena Luckhurst |

Preserving family wealth is uppermost in many families’ minds. Therefore, knowing how structures created to hold family wealth will perform in the event of a family member divorcing is crucial. Unfortunately, the treatment of trusts on a beneficiary divorcing is to some extent uncertain. The legislation is clear enough: anyone with an irrevocable, fixed interest […]

Manage, not eliminate, risk


Autumn always reminds me of a case some years ago; a council was considering felling some horse chestnut trees because the conkers could make pedestrians slip, or children could suffer serious head injuries if the sticks they used to dislodge them meant the conkers landed on their heads. This is the kind of approach that […]

Fladgate advises on sale of GatenbySanderson

Ian Brent, Jamie Hamilton |

Fladgate LLP has advised on the sale of GatenbySanderson, a market leading provider of permanent and interim executives to the public sector, not for profit, education and health sectors. The business was bought from its founder, Graham Goodwin, by a management team backed by the private equity house Primary Capital. Corporate partner Ian Brent led […]

Warburg confirms independence


My daily walks between station and office take me past the Warburg Institute, housed in a drab 1950s building in Woburn Square. My knowledge of the Institute was until now limited to a vague recollection that the disgraced art historian and Soviet spy Sir Anthony Blunt had the title of Warburg Institute Professor. I could […]

Fladgate advises on acquisition of Camden Lock Market

Amy Collins, Avram Kelman, Gideon Dabby-Joory, David Baverstock |

Fladgate LLP has advised an off-shore trust in connection with the acquisition of Camden Lock Market from Brockton Capital. This transaction places Camden’s famous Stables Market and Lock Market in single ownership and will enable a major redevelopment of the combined sites to proceed. Camden Lock Market is a site in excess of one acre, […]

German lawyers cause damage in Germany


An English broker of derivative investments has brought a claim against a German law firm, claiming that the firm wrongfully induced the broker’s clients to breach their contracts by persuading them to bring claims against the brokers in Germany in breach of exclusive jurisdiction clauses in favour of the English court. The broker claimed that […]

Footfall newsletter - November 2014

Mark Saunders, Stephen Lewis |

Updates for retail occupiers and their advisers.

Asset protection: careful what you promise

Helena Luckhurst |

Threats to wealth come in many guises. Mr Southwell was described by the judge in Southwell v Blackburn at the Court of Appeal as ‘shrewd, cautious and guarded’. He knew that if he married Ms Blackburn, who had two children from a previous marriage, she would have a financial claim against his assets in the […]