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 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 […]
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 […]
In Stichting Shell Pensioenfonds v Krys  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 […]
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 […]
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 […]
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, […]
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 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, […]
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 […]
Ivory is a complicated subject, legally and morally. The killing of elephants for their tusks is abhorrent and doing so, and trading in ivory, are internationally outlawed. Where it gets problematical is with art and antiques. Since prehistoric times, ivory has been used to create objects of art, or components such as piano keys, or […]
And so ends a Rugby World Cup of highs and lows and bitter disappointments for the home nations. As the “sport played by gentlemen”, the concept of “playing fair” is well ingrained in the rugby tradition (or is meant to be by all accounts). However, does a similar concept apply in English contract law? Traditionally, […]
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