Insights: August 2016

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Alterations

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A lot of time, energy and concentration is spent by tenants settling heads of terms and negotiating the lease when they first look to take a new lease. But, as the needs of tenants vary and change throughout their lifecycle, tenants often need to adapt the property they are trading from. They need increasing flexibility […]


The rise of the sports analyst and their contracts of employment

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Once upon a time, stories about sport focused on the sport itself, or the stars of that sport – typically, the iconic teams, players or athletes. More recently, though, sports analysts have acquired a higher profile, and that has brought many of the issues that affect them to the public’s attention. One notable trend that […]


Streamlining the process: Exemptions to payment and adjudication legislation

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Process plant contracts have historically been exempt to the Housing Grants, Construction and Regeneration Act 1996 – but the justification for this looks increasingly flimsy as time has gone on. The construction industry is used by now to the payment and adjudication regime introduced by the Housing Grants, Construction and Regeneration Act 1996. However, there […]


Fladgate advises Audioboom on £2.55m placing

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Fladgate has advised AIM listed Audioboom Group Plc on its £2.55m conditional placing of new Ordinary Shares in the Company. The proceeds of the fundraising will be applied towards working capital and technical development. Audioboom is the leading mobile, web and connected device platform for spoken-word content in news, current affairs, business, entertainment and sports. […]


Fladgate advises Satellite Solutions on £12.1m placing

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Fladgate has advised AIM listed Satellite Solutions Worldwide Group plc on its placing, by way of accelerated bookbuild, of new Ordinary Shares in the Company raising gross proceeds of £12.1m. The placing proceeds were used to fund the acquisition of Breiband.no A.S. and the operations and related assets of SkyMesh Pty Ltd.  Both companies provide […]


Watch what you say – anti-oral variation clauses don’t prevent oral variation

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The Court of Appeal has held that a contract can be varied orally despite containing a clause which requires any variation to be in writing and signed. In MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA Civ 553, Rock occupied MWB’s managed offices as a licensee.  During the course of a 12 […]


Third-party rights and step-in provisions: Happy bedfellows?

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Most involved in projects want the benefits of collateral warranties or third-party rights in contracts, with a trend towards the former due to step-in requirements. But are third-party rights really incompatible with step-in provisions? Those who have an interest, or are acquiring an interest, in a construction project will generally want the benefit of collateral […]


Brighton’s British Airways i360 takes to the skies

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Fladgate LLP is delighted that Brighton’s British Airways i360, the world’s tallest moving observation tower, has opened for business. The 168m tower conceived and designed by Marks Barfield Architects, the creators of the London Eye, allows visitors to enjoy breath-taking views of Brighton, the South Downs and the Sussex coastline. Fladgate advised on the construction […]


Fladgate partners included in recently published Citywealth Leaders List 2016

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Fladgate is delighted that the following partners and consultants have been included in the recently published Citywealth Leaders List 2016, a guide to advisers within the private wealth management sector. Matthew Bennett Honours List Teresa Cullen Family & Matrimonial – Prominent Figure Simon Ekins Contentious Trusts – Prominent Figure Paul Howcroft Art Advisory Richard Kaufman […]


Assignments by tenants to their guarantors are ruled as void

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Relevance A recent High Court decision is commercially relevant and important to those dealing with tenant insolvency and also for all due diligence of investment transactions where an assignment of a lease from the tenant (T) to its guarantor (G) is purported to have taken place. T holds a lease of commercial premises at market […]


Limitation and court fees – an unexpected consequence

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A recent case suggests the value of claims can be amended after limitations have expired. Digby Hebbard explains. Given the nature of construction projects and their legacy, it is fairly common for claims arising from such projects to be tight up against expiry of limitation periods. You may have experience of this, and be used […]


Tackling bullying in elite sport: Best practice for sports organisations

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At first blush, we might not think of elite athletes as prone to bullying. We associate such individuals with strength (both physical and mental) and confidence, rather than with the vulnerability that bullying implies. And yet there are plenty of publicised allegations of bullying in elite sport and, no doubt, many more instances that remain […]