Insights: November 2017

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The best Christmas present for your family: a discretionary trust?

Helena Luckhurst |

It’s beginning to look a lot like Christmas out there, as Bing says. Thoughts turn to what gifts to give our family. When it comes to making big gifts to family members, though, in lifetime or on death, still not enough people think of using a trust. Many people hardly know what a trust is; […]


The SFO v ENRC: Erosion of fundamental rights and dangerous precedent or a valid aid to law enforcement?

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Eurasian Natural Resources Corporation Ltd (ENRC) has been granted permission to appeal the controversial ruling in Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB)  which sent shock waves through the legal profession earlier this year. The appealed decision held that certain documents generated during an internal investigation conducted by […]


WideCells sets course for synergistic growth

Paul Airley |

João Andrade, CEO of Widecells, discusses the company’s ambitious growth plans in Biotech & Money – we’re delighted that he’s referenced the contribution made by Fladgate LLP and partner Paul Airley. Please see below for link to article. WideCells sets course for synergistic growth  


Major change to the taxation of commercial property

Neal Todd |

Radical changes to the taxation of UK real estate were announced in the autumn Budget. Investment into UK real estate has long had a privileged status, especially for investors based overseas. But over the last few years those tax privileges have been whittled away. Two years ago the UK extended Capital Gains Tax to individuals […]


New 2017 ICC Rules introduce expedited arbitration

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Unfortunately, we frequently come across commercial contracts containing arbitration clauses under which disputes have arisen but the amounts in issue do not justify the potential costs of arbitration. Parties are consequently denied a dispute resolute mechanism, since the existence of a clause obliging parties to resolve their dispute by way of arbitration actually precludes disputes […]


Construction newsletter - November 2017

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Updates for construction professionals


Adverse possession – how a trespasser can become an owner

Roland Brandman |

Could you trespass on someone else’s land, act as the owner of it for a long time and on that basis become recognised officially as the new owner? Surprisingly, that is what the law of this country has allowed, although in recent years the government has clamped down on opportunistic land-grabs. What is adverse possession? […]


Event: Protecting against unfair competition from former employees

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Protecting against unfair competition from former employees – what level of restraint is possible and what lessons can business owners and managers take from recent cases? A number of recent cases […]

Rentcharges – historic but current

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What are they? Rentcharges are any annual or other periodic sums charged on land, except rent reserved by a lease or any sum payable by way of interest.  If they remain unpaid, there could be disastrous consequences even if payment has not been demanded. They were common in the 19th century in Manchester, Bristol and […]


Fladgate continues to be highly rated by Chambers UK 2018

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Fladgate LLP has continued to be highly rated by Chambers Guide to the UK Legal Profession 2018, with a number of the firm’s partners ranked as leading individuals. Construction: Purchaser Lawyers ranked Gillian Birkby, Alan Erwin, Alan Woolston What the team is known for Well-regarded practice with a purchaser-side focus. Advises on high-value transactional and contentious matters […]


Getting the use right

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When considering taking a retail lease of a property, the most important point in the heads of terms from the tenant’s perspective will be its ability to trade or carry out its services from the property.  If it is unable to do so then the property will be useless to it.  However, when drafting heads […]


Fladgate advises Eco on CAD$14m subscription by Africa Oil Corp

Nigel Gordon, Orit Rioumine Gold, Grant Gordon |

Fladgate LLP has advised AIM and TSX-V listed Eco (Atlantic) Oil & Gas Limited on the English law elements of an agreement with Africa Oil Corp (AOC), whereby AOC has subscribed for shares in Eco representing 19.77% of the enlarged share capital at a 28% premium to the market price as well as entering into […]