Insights: November 2015

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Rights of light


Rights of light can be a significant barrier to development, especially in built-up areas.  What exactly is a “right of light” and what steps can be taken to deal with them? What is a right of light? Our legal system has long recognised the concept of a “right of light”.  It is a type of […]

It’s the most wonderful time of the year…


It’s not yet December and we are inundated with the Christmas adverts ranging from dogs in woolly jumpers to the lonely old man on the moon saved by the cute, kind hearted little girl with her very own telescope. Whilst we may like to think that Christmas is always perfect, the reality, particularly for those […]

Transparency and trusts: an update


Many of you will know that the UK has now passed legislation requiring the beneficial ownership of UK registered companies to be held on a publicly available register by June 2016.  The exact detail of what has to appear on the register at Companies House is yet to be confirmed. With companies in the spotlight, […]

Changing a contract with a public authority: beware


If you have entered into a long-term contract with a public body, you may think it is open to you and the public body to seek to renegotiate its terms.   However, if the new terms mean that the contract is “materially different in character” from the original you may find that an argument is raised […]

No jurisdiction for creditors who have proved elsewhere


In Stichting Shell Pensioenfonds v Krys [2014] UKPC 41, the Privy Council has held that where a company was being wound up in a jurisdiction where it was incorporated, and where a foreign creditor had submitted a proof of debt to the liquidators, that creditor had submitted to the jurisdiction of the administering court, and […]

Fladgate advises Sealand Capital Galaxy Limited on admission to London Stock Exchange

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Fladgate LLP advised Sealand Capital Galaxy Limited on its admission to trading on the Standard segment of the London Stock Exchange’s Main Market, which values the company at £3m at the placing price. Sealand Capital Galaxy Limited is a Cayman registered company with its management based in Hong Kong and Singapore, formed to undertake an […]

An attack on non-doms: IHT extension for UK residential property owned offshore


The Chancellor announced in the recent summer budget that the Government intends to bring all UK residential property held directly or indirectly by non-doms into the scope of UK Inheritance Tax, and this would include such property owned through an indirect structure such as an offshore company or trust.  One reason holding UK residential properties […]

Sending personal data to US companies: Safe Harbor shenanigans

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Executive summary UK businesses which transfer to or share with US companies any databases containing personal data have to comply with rules set out in the Data Protection Act to ensure that the transfer or sharing protects the individuals’ privacy rights. One way of doing this was a voluntary scheme set up by the US […]

Who monitors the monitor?


Depending at which point of a commercial development’s chain of command you sit, you may have thought that the role of monitoring surveyor is straightforward enough. The monitoring surveyor is engaged by a party (generally a funder but also forward purchasers and tenants), and then left to get on with the job. But, as usual, […]

This is so much more than redevelopment!


Article 4 in our series of articles on the Landlord and Tenant Act 1954 This is part of the series of articles we have published this year regarding the Landlord and Tenant Act 1954, and in particular the grounds a landlord can use to oppose an application for a lease renewal by a tenant.  In […]

Fladgate advises Odeon on its new multiplex opening


Fladgate LLP has advised Odeon, Europe’s largest cinema group, on the opening of a new cinema complex in Milton Keynes.  The multiplex Odeon is a major development for the city, replacing the previous Odeon cinema which was located at an alternative site for 27 years. The cross-departmental team, led by real estate partner, Mark Saunders, […]

Fladgate to support Merlin Entertainments plc with China expansion plans

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As part of their ongoing relationship, Merlin Entertainments plc (Merlin) has instructed Fladgate LLP’s (Fladgate) construction team to assist with its expansion plans in China. Having previously worked on Merlin’s five existing attractions in China (Madame Tussauds in Shanghai, Hong Kong, Beijing and Wuhan, and Chang Feng Ocean World aquarium in Shanghai), Barry Hembling (Fladgate […]