Brexit: Coming soon… What does it mean for aircraft lessors?

4 February 2019

With so many leasing companies choosing English law and jurisdiction, what does Brexit mean for aircraft lessors?

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New tricks – supplier beware

30 January 2019

Over the recent months we have experienced a spike in businesses falling victim to a rather simple but very effective form of reversed identity theft.

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Court of Appeal shuts the door on insolvent companies adjudicating

24 January 2019

Fladgate acted for the successful respondent in MJ Lonsdale v Bresco. The Court of Appeal decision was handed down this morning. The judgment will inevitably impact on the construction industry. Digby Hebbard and Oliver Tobin discuss this important decision.

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Fladgate Litigation Partner Steven Mash on the rights of shareholders in the Patisserie Valerie administration

23 January 2019

Commenting in the Telegraph and City AM, Fladgate litigation partner Steven Mash has discussed the potential shareholder claims which may arise as a result of this latest collapse of a well-known high street café.

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The Commercial Agents Regulations – The Commodity Market Exception

16 January 2019

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). Most significantly, the Regulations provide that if a principal terminates a commercial agency, the usual position is that the commercial agent is entitled to compensation.

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

16 January 2019

In a timeous reminder of the importance of adhering to court deadlines, in BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor 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 fees in the event of success at trial. This was despite an undertaking by the defaulting party’s solicitors to cover both parties’ costs on an indemnity basis for the CCMC and a further CCMC if required, regardless of the outcome of those hearings.

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‘Practical Completion’ – Is your definition practically complete?

16 January 2019

‘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 defined and is readily left undefined in building contracts.  What then does the term PC actually mean?

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Collateral purpose or collateral damage?

16 January 2019

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.

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Funding litigation – there are plenty of options

9 January 2019

In the UK, developments in how litigation is financed means that there are now more funding options for prospective litigants than there have ever been, and the size of a claim is not necessarily a bar to obtaining third party finance. Litigation partner Steven Mash provides an outline of those funding options.

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Professional negligence for gratuitous services

6 December 2018

In Burgess & Anor v Lejonvarn [2018] EWHC 3166 (TCC), the Technology and Construction Court (TCC) has rejected a negligence claim against an architect for gratuitous services which she provided for her friends in connection with a landscape gardening project.

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