Insights: January 2018

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Living overseas doesn’t mean you aren’t domiciled in England


In a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdiction. The court held […]

Court bans abusive litigation tactics but for how long?


A welcome decision of the English High Court that potentially abusive litigation tactics cannot prevail could prove short-lived as a result of Brexit uncertainty. The usual court first seized rule applies where claims are issued by disputing parties in the courts of two or more EU member states.  This means that all courts must stay […]

Fladgate advises Penguin Random House Limited on major office lease at One Embassy Gardens

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Fladgate LLP has advised Penguin Random House Limited on an agreement for lease of a new London office at One Embassy Gardens. Situated between Vauxhall and Battersea as part of the Nine Elms riverside development, the new office is in close proximity to the publisher’s existing office at 20 Vauxhall Bridge Road in Pimlico which […]

Minimum Energy Efficiency: it’s all about MEE MEE MEE


As stated in our articles ‘A greener and more pleasant land?‘ and ‘EPCs and minimum energy efficiency standards for private rented properties‘, the implementation of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (Regulations) takes effect from 1 April 2018. With the implementation date fast approaching, this article is intended as a […]

Third party funders on the hook for indemnity costs


On 18 November 2016, the Court of Appeal brought an end to the long running Excalibur Ventures LLC v Texas Keystone Inc and others litigation, providing some useful guidance on the extent to which third party litigation funders may be liable to pay the costs of a successful defendant in a funded claim.   In short, […]

Fladgate advises on the £48m acquisition and financing of 6-8 Bouverie Street, EC4

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Fladgate has advised Harbor Group International (HGI) on the £48m acquisition and financing of 6-8 Bouverie Street, London EC4Y 8AX.  The team acted on the £31.2m facility with Helaba from Tudor Court Limited.  Fladgate’s real estate and finance teams worked closely together to manage the loan facility from Helaba. HGI is a leading global real […]

Fladgate advises Angus Energy plc on £3m placing


Fladgate LLP has advised AIM listed Angus Energy plc on its £3m placing to increase the group’s capitalisation and financial flexibility. Net proceeds from the placing will be used to pay operational and associated costs related to the development of the Holmwood prospect; fund capital expenditures; assist with funding business development and potential acquisition activities; […]

Your claim has been declined


In July 2017, the Competition Appeal Tribunal (CAT) refused to approve the proposed £14 billion class action claim against MasterCard on behalf of 46.2 million consumers who purchased goods or services from UK businesses which accepted MasterCard between 1992 and 2008.  The claim followed on from the EU Commission finding in 2007 that MasterCard’s default […]

Fladgate advises Tri-Star Resources plc on US$6m investment

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Fladgate LLP has advised AIM listed Tri-Star Resources plc on its US$6m investment, via a mezzanine loan, to Omani company Strategic & Precious Metals Processing LLC (SPMP). The investment is to assist SPMP with further development of the Oman Antimony Roaster Project, an antimony and gold production facility, which is located in Sohar, Sultanate of […]

Morrisons held responsible for mass data breach committed by disgruntled employee


Morrisons face having to pay compensation to thousands of employees, following a recent decision of the High Court that the UK’s fourth largest chain of supermarkets was vicariously liable for a rogue employee leaking payroll information online. This decision follows the outcome of the first class action concerning a data breach in the UK, brought […]

Fladgate advises Papua Mining plc on acquisition of BGM Investments and £2m placing

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Fladgate LLP has advised AIM listed Papua Mining plc on its agreement to acquire the entire issued share capital of BGM Investments Pty Ltd (a private Australian company with three projects covering gold, copper, silver and zinc exploration targets in Queensland, north eastern Australia) and a conditional placing to raise up to £2m. Papua Mining […]

Has HMRC called time on Inheritance Tax planning?


Clients intending to carry out Inheritance Tax (IHT) planning in relation to their assets should consider completing their planning ahead of the 1 April 2018 changes to the DOTAS Regulations, as they apply to IHT. The Disclosure of Tax Avoidance Schemes (DOTAS) regime is not new but, to date, its application to IHT has been […]