Insights: March 2016

Thekla Fellas and Wayne Clark review a case that exposed flaws in the Electronic Communications Code and examine the proposed new code It is agreed by both practitioners and judges who deal with the Electronic Communications Code (the code) that it is unclear and provides little or no certainty for landlords or operators. There is […]

The recent decisions in CGL Group Limited v RBS[1] and Holmcroft Properties[2] could suggest that claims against banks are now struggling.  However, these decisions are just the initial skirmishes; other battles remain to be decided and there is an undeniable appetite and scope to continue with such claims. The rise of claims against banks Since […]

Fladgate LLP advised Xtract Resources Plc on the acquisition of 100% of the Manica Gold Project in Mozambique from Auroch Minerals NL following approval under the Mozambique Mining Act from the Mozambican mining authorities. Xtract Resources plc is a diversified metals and minerals producer based in London, United Kingdom. The Fladgate team was led by […]

How should employers treat overtime and commission payments when calculating a worker’s holiday pay? The recent decision of the EAT in the case of British Gas v Lock provides a steer (albeit not a complete answer) to a question which has been circling employers and their legal advisers ever since the Court of Justice of […]

Updates for real estate professionals

From 6 April 2016, virtually all UK incorporated companies (and LLPs, but in this blog I’ll refer to companies only) will have to maintain a register of individuals or entities who control them. As a result, individuals who either own, directly or indirectly, more than 25% of the shares or voting rights of such companies, […]

Two-stage tendering is often identified as a tool which can be used to drive procurement efficiency.  Used appropriately and correctly, it offers clients the opportunity to get value for money whilst improving ‘buildability’ by engaging contractors at an early stage in the process. Despite the virtues of two-stage tendering being often cited, for many years […]

It is not uncommon for professional consultants such as architects, engineers, project managers (and even lawyers) to provide services for friends, contacts and clients free of charge.  We do this for a number of reasons, often with a view to securing profitable, fee earning work in the future.  However, a recent decision of the Technology […]

On 6 April 2016, the new “persons with significant control” (PSC) regime comes into effect. It is being introduced by way of changes to the Companies Act 2006 (CA 2006). From that date, UK companies and limited liability partnerships (LLPs) will be required to: take steps to identify the persons who have significant control over […]

Fladgate LLP’s (Fladgate) construction team acted on their third Star Wars themed project for Merlin Entertainments, the world’s second largest leisure group.  The project at LEGOLAND® Windsor Resort creates scenes from the Star Wars movies made out of 1.5 million LEGO® bricks.  Previous Star Wars themed instructions on which construction partner Barry Hembling and his […]

The English courts have for many years actively encouraged litigants to explore alternative methods of resolving their disputes. This support for alternative dispute resolution (ADR) was at the heart of the Woolf reforms in the late 1990s and is now enshrined in the Civil Procedure Rules and the Pre-Action Protocols, as well as the various […]

Fladgate LLP advised the shareholders of Newson Gale Limited, the manufacturer and supplier of static grounding equipment, on the sale of the company to Hoerbiger, the globally active Swiss industrial conglomerate. Newson Gale is the brand setting standard for elimination of ignition hazards caused by static electricity, gaining a leading position in the United Kingdom […]