Insights: October 2018

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ICO penalty for spam overturned

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A fine imposed by the ICO on a company accused of sending millions of unsolicited emails was overturned last month by the Appeal Tribunal[1]. The ICO had initially issued the fine against Xerpla Ltd, for a breach of regulation 22 of the Privacy and Electronic Communications Regulations (PECR) against unsolicited communications. In brief, this regulation […]


Fladgate acts on the sale of specialist legal indemnity insurance broker Title & Covenant Brokers to Stackhouse Poland

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Leading UK law firm Fladgate has advised the shareholders of legal indemnity insurance specialist Title & Covenant Brokers on its sale to Stackhouse Poland. The acquisition will further strengthen Stackhouse Poland’s position in the real estate sector, adding a new dimension to Stackhouse Poland’s existing proposition for real estate clients. David Turschwell, Managing Director and […]


A strict interpretation

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Bou Simon v BGC Brokers LP: a salient reminder of the strict approach the court will take when deciding whether to imply a term into a contract. Hindsight is a wonderful thing – but irrelevant for interpreting contracts, say Sophia Purkis & Leigh Callaway The express written provisions of a contract are not, or at […]


Hands off, its mine! Beneficial interests vs creditors’ rights

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Litigation partner Alexander Wildschütz discusses one of his recent cases highlighting the impact of invisible third party rights on creditors’ interests. Our client, a German bank, had obtained a judgment in the German courts against a former customer for the payment of €1.3m owed under various loan agreements. We quickly established that the debtor was […]


Fladgate advises Sylphar N.V. on its acquisition of majority stakes in Pro Teeth Whitening Co Ltd and Nutravita Ltd

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Fladgate is delighted to have advised Sylphar N.V. on its acquisition of majority stakes in the UK companies Pro Teeth Whitening Co Ltd and Nutravita Ltd. Fladgate worked closely with Sylphar’s Belgian lawyers, Argo Business Law Group. Sylphar, which is backed by the private equity firm Vendis Capital, is a fast-growing over-the-counter consumer healthcare business […]


Fladgate acts on acquisition for London Executive Offices

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As well as assisting London Executive Offices (LEO) with various asset management matters, Fladgate LLP is delighted to have been able to act on another acquisition for them, this time at One King William Street. LEO already had three floors in the building but has now added two further floors and extended the existing leases so […]


Fake online reviews: TripAdvisor leads the fight

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In June 2018 a criminal court in Lecce, Italy handed down a landmark ruling, convicting an individual of fraud for posting fake reviews online. The court passed down a sentence against the owner of PromoSalento, a company which sold false reviews to hospitality businesses, finding him guilty on the grounds of using a fake identity […]


Appeal against UK’s first Unexplained Wealth Order rejected

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An attempt to appeal the UK’s first Unexplained Wealth Order (UWO) has recently failed in the High Court. In February 2018, the UK’s National Crime Agency sought an UWO against Mrs A (whose anonymity may only be temporary), seeking information about the purchase of a valuable London property. UWOs require an individual to provide a […]


A landlord’s guide to Airbnb

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In recent years Airbnb has become increasingly popular with both hosts and guests. It gives hosts an opportunity to let their properties out on a short-term basis and to generate extra income. Guests have an opportunity to “feel at home” and “live like a local” in their chosen location. Airbnb’s popularity centres round the unique […]


Justice delayed is justice denied: the Shorter Trials Scheme and Flexible Trials Scheme are here to stay

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From 1 October 2018, following a successful three year pilot, the Shorter Trials Scheme (STS) and Flexible Trials Scheme (FTS) will operate in all Business and Property Courts nationwide, offering businesses pragmatic and cost-effective options to resolve their disputes. In October 2015, the court introduced two trial schemes: the STS and the FTS. Their purpose […]


Fladgate completes acquisition for DPR Group Limited

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Fladgate LLP is delighted to have completed the acquisition of a leasehold interest for DPR Group Limited in Commodity Quay, St Katharine’s Dock, London.  DPR are moving their head office from existing premises in International House, also in St Katherine’s Dock. Gavin Whitney, client partner and real estate lead, commented: “This is our first transaction for DPR […]


Fladgate appoints two leading property specialists

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Continuing the trend of strategic recruitment prominent in recent years, Fladgate LLP is delighted to announce that real estate partners Simon Kanter and Alan Karsberg will be joining the firm from CMS. Specialising in large-scale real estate investment deals, asset management and corporate occupier work, the pair bring with them an established client base that […]