Insights: June 2017

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Lease or licence – why you should care

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It is common for heads of terms to refer to a licence to use or occupy a property when the agreed terms would actually be construed as a lease. The two terms are bandied around and often used interchangeably; knowing the difference is key to avoiding lengthy and costly proceedings which go hand in hand […]

Vicarious liability


When are exhibitors responsible for the unexpected actions of their employees? Mike Tremeer, Senior Associate at Fladgate LLP, sheds some light on the matter by examining a recent case. For many years, businesses have grappled with the issue of being held responsible for their employees’ actions. Often, responsibility can be assumed – an employee placed […]

Fladgate advises Opus on acquisition of Autologic Diagnostics


Fladgate advised new client Opus, a £150m quoted Swedish company, on the acquisition of UK company Autologic Diagnostics, a world leader in advanced aftermarket automotive diagnostics. Opus is a world leader in managing vehicle inspection programs with operations in the US, Europe, Latin America and Asia. Autologic’s 2016 revenue was £16.5m with EBITDA of £2.6m. […]

Register of beneficial ownership


Recent years have seen the introduction of many measures worldwide aiming to increase transparency and share information between countries in relation to taxpayers and their assets. While the UK has been party to many of these, it is now taking steps to become the first country in the world to require a register of the […]

Starting as you mean to go on… applications to assign

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A common way of securing retail or office space is to take an assignment of a lease from an existing tenant. Leases usually contain a requirement for landlord’s consent to such an assignment. A recent case has highlighted the importance of ensuring that if the proposed assignee makes the application, they specifically confirm that they […]

Fladgate sponsors Family Office & Wealth Management Conference

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Fladgate LLP is delighted to sponsor DC Finance’s Family Office & Wealth Management Conference on 13 June 2017. With over 400 ultra and high net worth individuals and family office executives in attendance, this is one of the world’s largest wealth management events held annually at the Hilton Tel Aviv.  This prestigious conference provides an […]

Fladgate advises on Amy Winehouse statue loan agreement

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Fladgate’s leisure team has acted for The Camden Market Management Company Limited on an agreement for the loan of the official Amy Winehouse statue, which is on display at Camden Market Stables. Winehouse (1983–2011) was a British singer and songwriter who had become strongly associated with Camden Town until her death in 2011.  The work […]

Fraud: hot pursuit or cold case in insolvency?


Following parliamentary inquiries into high-profile retailers over summer 2016, the government promised an overhaul of corporate governance law. The rhetoric was strong and the claims by members of select committees were sensational as they spoke against wellknown business people, particularly in relation to the sums they had paid to themselves. Please click here for PDF […]

Brexit – The Divorce Bill


On 1 January 1973, the United Kingdom acceded to the treaties constituting the European Communities.  Just over a year later, one of England’s greatest judges, Lord Denning, remarked that Community law “…is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back…” The present state of EU/UK […]

Navigating loan negotiations: tips for hoteliers


For those setting up a hotel business an inevitable part is negotiating financing arrangements. Hotel lenders will want as high a level of control as possible over any new hotel business due to the higher risk profile.  However, hoteliers need to be aware that giving up too much control can stifle their ability to be […]

Do you rate it? Impact of rate revaluation on landlords


For several weeks the usually dry topic of business rates has unusually been headline news. It has been predicted the recent rates revaluation will mean the end of independent retailers on the high street, with reports suggesting that many businesses, particularly in the South East, are expecting a rise in business rates of more than […]

The legal challenge to the gig economy


Michael McCartney, a partner at Fladgate LLP, discusses the implications of claims brought against companies like Uber and Deliveroo Hermes is the latest to face a legal challenge to its business model following claims that its couriers should be classed as ‘workers’ rather than ‘self-employed’ persons. This claim (which is backed by the GMB) follows […]