Insights: February 2015

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Construction newsletter - February 2015

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Updates for construction professionals.


CDM 2015 – Implications for developers

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The CDM regulations govern the management of health and safety during both the design and construction phases of a project. Currently the CDM coordinator assists the developer in its role as client under the regulations, to carry out its health and safety duties. On replacing CDM 2007 with CDM 2015, the CDM coordinator functions will […]


Companions to formal meetings

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An employee has asked to be accompanied to a grievance meeting by a disruptive colleague. Can we refuse? Not without breaching the ACAS Code of Practice on disciplinary and grievance procedures (ACAS Code). The Employment Relations Act 1999 confirms that employees are entitled to be accompanied to certain formal meetings by a work colleague, a […]


Fladgate advises Cambridge University Press on acquisition

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Fladgate LLP advised Cambridge University Press on the acquisition of a compact, high-quality list of language textbooks and supporting materials from small independent publisher Advance Materials Limited. The list focuses on textbooks for Modern Foreign Languages including French, Spanish and German. The list includes core textbooks for the International Baccalaureate Diploma Programme and supplementary, skills-based […]


EU Trusts Register – update

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In my 13 March 2014 blog on ‘Trusts and the EU’s Fourth Anti-Money Laundering Directive’, I highlighted the EU Parliament’s plans to introduce a register of settlors, trustees and beneficiaries of trusts, as set out in the draft of the Fourth Anti-Money Laundering Directive. The Directive has now been finalised and, whilst it looks as […]


Government proposes to relax affordable housing requirements on smaller developments

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When the concept of a Community Infrastructure Levy to be paid on the grant of a planning permission was introduced by the Government in April 2013, the Government made it clear that the levy was largely intended to replace the practice of securing contributions to infrastructure from developers through planning agreements (section 106 obligations). It […]


Fladgate appoints Daniel Polden, Graham Spitz & Luke Morris

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Fladgate LLP is delighted to announce the appointments of real estate and finance partner Daniel Polden; corporate partner Graham Spitz; and banking partner Luke Morris, all of whom join from the London office of Locke Lord. Daniel is a real estate and finance lawyer with over 30 years’ experience. His clients include real estate investors […]


Fladgate continues its sponsorship of Constructing Excellence Awards

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Fladgate’s construction team is committed to improved industry performance and innovation. It embraces the ideals of Constructing Excellence which enhance the reputation and performance of our world class construction industry. Accordingly, we are proud to announce our continued sponsorship of the Constructing Excellence in London and the South East Annual Awards 2015. The Constructing Excellence […]


A matter of conflict?

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The case of Eurocom Limited v Siemens PLC has been widely reported in construction circles but could also have implications for the appointment of third parties on rent review or in other alternative dispute resolution procedures. The case concerned a construction industry adjudication arising out of the installation of communication systems at Charing Cross and […]


IHT related penalties: a warning for PRs and beneficiaries

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The recent case of Hutchings v HMRC [2015] UKFTT 0009 (TC) will be of interest to anyone acting as executor/administrator of an estate and anyone who is a beneficiary. Like the sword of Damocles, HMRC was dangling a tax penalty of £87,000 over the heads of both the executors and one of the beneficiaries – […]


Depression as a disability

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Is an employee who suffers from depression “disabled”, as defined by the Equality Act 2010, and therefore subject to protection from disability discrimination? Depression can, in principle, amount to a legally recognised disability. This question was considered recently in the case of Saad v University Hospital Southampton NHS Trust & anor. The tribunal noted that […]


Fladgate strengthens construction with partner appointment

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Fladgate LLP is delighted to announce the appointment of construction partner Barry Hembling, who joins from Fenwick Elliott. Barry has 17 years’ experience of acting internationally for clients in the entertainment, insurance, property, development and construction sectors on both contentious and non-contentious construction matters. He has considerable expertise of working with commercial and project delivery […]