Insights: January 2019

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Reduced tax burden for UK investment into Israel?

Neal Todd, Gemma Grunewald |

On 17 January 2019 the UK and Israel signed a new protocol to the UK/Israel Double Tax Treaty (Protocol) which provides for a reduction of Israeli tax on dividends and interest, and no Israeli tax on royalties.


Fladgate acts for Dev Clever Holdings plc on its fundraise and admission to the Main Market

David Robinson, Hamilton Forrest, Orit Rioumine Gold, Louise Gibson, Ben Milloy, Alex Taylor |

Leading UK law firm Fladgate has acted for Dev Clever Holdings plc on its listing on the Standard segment of the Official List and its admission to trading on the Main Market of the London Stock Exchange. The Company raised approximately £1m by way of equity placing and subscription and converted approximately £200,000 of debt […]


Government outlines no deal arrangement for EU citizens

Kelly Whiter |

Today (28 January 2018) the Home Secretary Sajid Javid finally set out provisions for EU citizens arriving in the UK after 29 March 2019 in the event of a no deal Brexit.


Don’t Be Late! Court finds a genuine mistake is no justification

Leigh Callaway |

In a timeous reminder of the importance of adhering to court deadlines, in BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor[1] the court refused an application for relief from sanctions where a costs budget was served late a consequence of which the defaulting party was to be limited to only recovering court […]


Court of Appeal shuts the door on insolvent companies adjudicating

Oliver Tobin, Digby Hebbard |

The Court of Appeal today handed down a judgment confirming the interplay between construction adjudication and the insolvency regime.  Fladgate acted for the successful respondent. The appeal was from a decision of the judge in charge of the Technology and Construction Court in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation).  […]


‘Practical Completion’ – Is your definition practically complete?

Oliver Tobin |

‘Practical Completion’ (PC) plays an important role on construction projects, often signifying the release of retention monies, ending the contractor’s liability for liquidated damages, commencing the defects liability period and passing possession of the works to the employer. The term is almost universally used in the construction industry, yet, despite its significance, is not legally […]


The Commercial Agents Regulations – The Commodity Market Exception

Tom Bolam |

Pluczenik Diamond Company NV v W Nagel (a firm) Case number [2018] EWCA Civ 2640 A commercial agent is a self-employed intermediary with continuing authority to negotiate the sale or purchase of goods on behalf of another person. Commercial agents have special protection in law under the Commercial Agents (Council Directive) Regulations 1993 (the Regulations). […]


Time to send the family wealth on a foreign holiday?

Helena Luckhurst |

Vast sums of family wealth have already left the city of London, according to press reports.  The consistent feedback from our clients is that, whilst all the political uncertainty surrounding Brexit is certainly wearing on the soul, a Corbyn Government is a much more scary prospect. The key concern is a sudden clamp down on […]


Collateral purpose or collateral damage?

Victoria Prince |

The High Court’s ruling in Glaxo Wellcome UK Limited v Sandoz Limited provides a useful example of circumstances in which disclosed documents can be used other than in the proceedings in which they were disclosed, even if that may damage the disclosing party. A key feature of litigation in England is that parties are required […]


Fladgate advises Richard Mille on Bond Street store acquisition

Matthew Williams |

Fladgate LLP has advised luxury Swiss watch brand, Richard Mille, on the acquisition of their new store on Bond Street, W1.  The building was previously home to luxury fashion brand Alexander McQueen’s flagship store. Fladgate has provided commercial and real estate legal advice to Richard Mille on numerous matters over the past 5 years including its […]


Software Licensing: the perils of indirect access usage

Tim Wright |

The case of SAP UK v. Diageo[1], which was heard by Mrs Justice O’Farrell in the Technology and Construction Court, revolved around the specific terms of licence and maintenance agreements which dated back to 2004. These contractual terms had been amended and novated on a number of occasions, not always consistently and, as it turned […]


Guess fined by EU Commission for blocking Internet sales

Alex Haffner, Thomas Edwards |

The fashion retailer, Guess, has been fined by the EU Commission for a breach of Article 101 of the Treaty on the Functioning of the European Union (TFEU), which prohibits agreements between companies that prevent, restrict or distort competition within the EU’s Single Market. Guess operates a selective distribution system across the EEA, which is […]