Insights: December 2018

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Airspace leases: property out of thin air

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Introduction It is the desire of almost every property investor to make their assets “sweat” by maximising the income available from them. One way investors achieve this is by granting leases of the airspace above their properties. Investors may, for example, lease the airspace to a developer who can help them improve the density of […]


The increasing demand for serviced offices and how landlords can help secure lending

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The continued growth of the serviced office sector presents an investment opportunity for lenders providing issues surrounding perceived risk and valuation can be circumvented. The serviced office sector is evolving as businesses are increasingly demanding flexible, short-term office leases. Serviced offices are particularly attractive to SMEs and start-up businesses as they avoid a long-term commitment […]


Just Don’t Do It: Nike’s LDNR campaign halted by UK IP court

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Fladgate IP associate Ben Milloy was recently invited by the European Intellectual Property Review to discuss the decision in Frank Industries Pty Ltd v Nike Retail BV, stopping Nike’s LDNR ad campaign. Please click the link below to read the full article. Just Don’t Do It – Nike’s LDNR campaign halted by UK IP court […]


Mind Your Words: Entire Agreement Clause fails to act as bar to misrepresentation claim

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Background Pursuant to a share purchase agreement NG Football Investments Limited (the “Buyer”) purchased the whole of the issued share capital in Nottingham Forest Football Club Ltd (the “Club”). The Club was heavily indebted, and as a result the seller, NFFC Group Holdings Limited (ultimately owned by Mr Fawaz Al-Hasawi) (the “Seller”) inter alia agreed […]


If you don’t ask…sometimes you do get!

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It is well established that arbitrators should request parties’ views when introducing a novel point in a dispute (Zermalt Holdings SA v NuLife Upholstery Repairs Ltd[1]).  However this does not always happen… In RJ & Anor v HB[2], the Respondents in an ICC arbitration challenged a number of awards for serious irregularity under s.68(2)(a) Arbitration […]


Case Update: Using a franchisor’s name without a franchise agreement

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The recent case of Ghias v (1) Grill’O Xpress Ltd (2) Malik considered the compensation payable where a franchise brand is used after the termination of the franchise agreement without the permission of the brand owner. The claimant, Ghias, was the franchise brand owner of a group of fried chicken restaurants trading under the names […]


The Expanding Reach of the SFO

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The Facts The SFO had commenced a criminal investigation into KBR Ltd, concerning suspected offences of bribery and corruption. KBR Ltd is one of many subsidiaries of the US based KBR Inc., and ultimately forms part of the wider KBR Group. As part of its investigation, the SFO sought documents held both in and outside […]


Professional negligence for gratuitous services

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Background The decision follows an earlier trial of a preliminary issue in January 2016, which established that the defendant architect (Mrs Lejonvarn) owed a tortious duty of care to her friends (the Burgesses), notwithstanding the fact that there was no contract and Mrs Lejonvarn was not paid for her services. That decision was subsequently upheld […]


Amazon Marketplace in the EU Competition spotlight

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The European Commission has launched an initial probe into Amazon over how it uses third party sellers’ data. In the past weeks this has been closely followed by an antitrust probe from the German Federal Cartel Office. One of the reasons Amazon is unique as a retailer is that it operates as both a merchant, […]


Home Office releases policy paper on Citizens’ Rights

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On Thursday 6 December 2018 a policy paper was released by the Home Office providing further information regarding citizens’ rights post-Brexit, with specific detail given regarding the position in the event of a no-deal scenario. In the event of a deal scenario, under the terms of the draft Withdrawal Agreement, free movement effectively continues until […]


Will Brexit affect the validity of a contractual English law clause?

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The national law, which governs a commercial contract and will be applied in the event that parties end up in a dispute over their obligations, is currently determined under the rules of the Regulation (EC) No 593/2008. Known as the Rome I Regulation, its rules stipulate that the courts of all EU member states will […]


Tier 1 (Investor) visa suspended for ‘new’ applicants from midnight tonight

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In a shocking move the Home Office have announced, without prior consultation or notice, that the Tier 1 (Investor) visa route will be suspended from midnight tonight until further notice, providing less than 24 hours’ notice of their plans. There was initial confusion as to whether the suspension took effect from tonight or Friday night, […]