Insights: September 2020

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HMRC confirms change to VAT position when terminating an outsourcing or supply agreement for convenience

Neal Todd, Tim Wright |

HMRC confirms change to VAT position when terminating an outsourcing or supply agreement for convenience Termination for convenience Outsourcing and other long-term supply agreements often contain termination for convenience provisions. These allow customers the option of exiting before the expiry of the full contractual term which is often 3 to 5 years and sometimes longer. […]


The Building Safety Bill - major changes coming for developers and managers of high rise buildings

Olivia Bateman |

Overview In July the Government published the draft Building Safety Bill, to comprehensively overhaul building safety legislation in the wake of the Grenfell fire, and the independent review subsequently undertaken by Dame Judith Hackitt. The legislation is intended to ensure that fire safety is considered throughout the design and construction process, and when a building […]


Covid-19 – Landlord remedies: What now?

Rachael Studman |

Seven months into the Coronavirus pandemic, it is almost certainly safe to say that both landlords and tenants have become well acquainted with the restrictions aimed at protecting tenants struggling to pay their rent. The legislation which was hurriedly introduced following lockdown has left landlords with their hands metaphorically tied, taking away the array of […]


Telecoms Code: some welcome guidance for landowners

Armel Elaudais |

The Electronic Communications Code introduced in 2017 is notoriously favourable to telecommunication operators giving them wide-reaching rights to install and operate equipment on land (“code rights”) and affording them security of tenure. In two recent cases, the balance was however tipped in landowners’ favour. Public interest vs prejudice to landowner Under Paragraph 20 of the […]


How tax structures can offer opportunities for your real estate portfolio

Jonathan Riley |

1.) Now is a good time to review existing structures Over the years, structures have been created to hold residential real estate that are no longer fit for purpose. Typically, this might involve residential real estate being owned by an offshore company that in turn is owned by an offshore trust. In past years these […]


Exclusivity clauses in leases – unlawful restraints of trade?

Nick Wood |

Summary It is common for an anchor tenant to seek an exclusivity clause in a lease. These are clauses that prevent the landlord from permitting parts of the relevant site (be it a shopping centre, a retail park, a leisure park or otherwise) from being used in competition with the anchor tenant. However, these clauses […]


Fladgate advises Nickleby Capital on investment into virtual healthcare provider Medefer

Edward Morgan, Adrian Mawlabaux, Ian Brent |

Fladgate has advised private investment firm Nickleby Capital on its investment into virtual healthcare provider Medefer. Corporate partner Ian Brent led the Fladgate team which included funds lawyers Ed Morgan and Adrian Mawlabaux. Medefer says the growth funding will be used to invest in people and technology to service new contracts, enable new product development […]


FCA publishes welcome guidance on UK cannabis listings – but further clarity is required

Paul Airley, Nigel Gordon, David Robinson, Neil Vickers, David Lee |

On 18 September 2020 the UK Financial Conduct Authority published guidance on the listing of cannabis-based businesses on UK stock exchanges after a lengthy internal review. This move will be welcomed as indicating that the London capital markets are “open for business”, particularly for companies operating in the medical cannabis space. In this article we […]


High Court applies Bresco and sets a high bar for companies in liquidation to overcome to enforce adjudicator’s decisions

Digby Hebbard |

The Supreme Court’s judgment of June this year in Bresco v MJ Lonsdale attracted considerable publicity.  The Supreme Court decided that the statutory adjudication and insolvency regimes were not incompatible and as such, liquidators were permitted to pursue claims through adjudication. Although the right to pursue claims through adjudication is one thing, enforcing an adjudicator’s […]


Fladgate advises Gareth Bale on his loan move from Real Madrid to Tottenham Hotspur

Grant Gordon, Alan Wetterhahn, Hamilton Forrest, Adrian Mawlabaux |

Fladgate has advised Gareth Bale on his much-publicised loan move from Real Madrid to Tottenham Hotspur. This follows on from Fladgate’s work in advising Gareth on his then world-record transfer to Real Madrid back in 2013. To read more click here  


Fladgate advises Yoo Capital on its purchase of controlling interest in Shepherds Bush Market, West London

Marc Sosnow, Gavin Whitney, Richard Reuben, Hamilton Forrest, Luke Morris, Eddie Powell, Yulia Leyko, Cem Usten, Fiona Smith, Ian Smith, Alex Taylor, Myckala Jones, Alexandra Cooke, Ben Milloy, Ingrid Hesselbo, Eleanor Green |

Fladgate has advised Yoo Capital Fund II, L.P on its acquisition of a majority ownership interest in Shepherds Bush Market from U+I Group. The new joint venture will bring about regeneration to Shepherds Bush Market and the adjoining land for mixed-use development. To read more click here


Court ruling on FCA’s COVID-19 business interruption insurance test case

Alexander Wildschütz, Bree Taylor, David Weare, Christian Charles, Ottilia Csoti, Nadia Osborne, Michaela Patterson, Tim Reinhard |

The High Court has delivered its first test case judgment providing some certainty on the scope of insurance cover for businesses being hit by Covid 19.  Subject to any revision on appeal, this judgment is the authority to define the meaning of “occurrence” of a contagious disease such as the Covid 19 virus. The court […]