Insights: March 2015

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Fladgate advises on Bristol Airport hotel construction

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Fladgate LLP advised CIMC Developments Limited on the conditional exchange of development agreements for leases between the owners of Bristol Airport and CIMC for CIMC to construct and thereafter own a 251 bedroom hotel. On completion, the hotel will be managed by Hilton under their “Hampton by Hilton” brand. CIMC Developments is part of CIMC’s […]


Quarter Day - March 2015

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Legal updates for all those involved in the real estate sector.


Finance Bill 2015: changes to the tax treatment of B share schemes

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The Chancellor of the Exchequer announced, in his Autumn Statement on 3 December 2014, his plans to legislate in the 2015 Finance Bill to remove an apparent “unfair tax advantage” and to treat cash received under a B share scheme in the same way as dividend income. Following the publication of the Finance Bill 2015 […]


Opposing a tenant's 1954 Act lease renewal - Part 1

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As we know, the Landlord and Tenant Act 1954 was introduced primarily to protect tenants from over-aggressive landlords, following a shortage of commercial property after the Second World War. Landlords were in a very powerful position; tenants may have been promptly paying their rent and yet at the end of the term of their lease, […]


How to save Inheritance Tax on your main residence

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Successful Inheritance Tax (IHT) mitigation in respect of the main residence is one of the hardest things to do, as the law currently stands. However, as many people’s most valuable asset is their bricks and mortar, it is a problem that demands some consideration – even if the answer is to do nothing (yet) or […]


Any shade of grey: UK Court ruling affirms tough EU free movement of good sales

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IP owners continue to get punishment dished out to them, and not on a consensual basis. A recent decision of the UK’s Court of Appeal has reviewed the rules that dictate when parallel (or “grey”) market product can be rebranded to match the brand used by the market leader in the national market concerned. The […]


Finding funds from a crowd

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Crowdfunding has become an increasingly important method for raising much needed start-up funding for businesses, and the fashion industry is at the forefront of this trend with many crowdfunding platforms having a fashion sector focus. Retail Week recently published a white paper, in association with Crowdcube, analysing the plethora of options open to retailers looking […]


Fladgate partner Charles Proctor authors The Law and Practice of International Banking

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Fladgate partner Charles Proctor has authored The Law and Practice of International Banking, published by Oxford University Press on 12 March 2015. This is the second edition of this major reference work on banking law and it continues to provide authoritative analysis of current practice and the law that applies to it. With a broad […]


Is it Open Season on Ex-Spouses?

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The case decided in the Supreme Court yesterday left “poor” Dale Vince open to a claim from his ex-wife almost 20 years since the relationship with her had ended. Mr Vince lives with his new wife and their five year old son in an apparently rather lovely £3,000,000 18th century property in Gloucestershire. He owes […]


Back to basics - the 1954 Act

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A good working knowledge of the basics of the Landlord and Tenant Act 1954 is never a bad thing when you are a tenant or an occupier of a property. Knowing your basic rights can often benefit you greatly in discussions with landlords, investors, funders, etc. The 1954 Act itself was introduced to help tenants. […]


Fladgate advises on the acquisition of Le Toiny Hotel, St Barths

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Fladgate LLP has acted for a newly incorporated vehicle on the acquisition, from primarily US investors, of the five star Le Toiny hotel, St Barths. The promoter of the newly incorporated vehicle is Mr Charles Vere Nicoll, formerly owner of the Isle de France Hotel, St Barths. Fladgate corporate consultant Anthony Vaughan and corporate partner […]


Can I take instructions from my client's attorney?

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You have been managing your client’s money for many years when, out of the blue, you are contacted by someone claiming to be your client’s attorney. The attorney is brandishing a copy English Property and Financial Affairs Lasting Power of Attorney (LPA), certified on every page (as it should be) by the donor (i.e. the […]