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Lease or licence – why you should care

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It is common for heads of terms to refer to a licence to use or occupy a property when the agreed terms would actually be construed as a lease. The two terms are bandied around and often used interchangeably; knowing the difference is key to avoiding lengthy and costly proceedings which go hand in hand […]


Vicarious liability

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When are exhibitors responsible for the unexpected actions of their employees? Mike Tremeer, Senior Associate at Fladgate LLP, sheds some light on the matter by examining a recent case. For many years, businesses have grappled with the issue of being held responsible for their employees’ actions. Often, responsibility can be assumed – an employee placed […]


Register of beneficial ownership

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Recent years have seen the introduction of many measures worldwide aiming to increase transparency and share information between countries in relation to taxpayers and their assets. While the UK has been party to many of these, it is now taking steps to become the first country in the world to require a register of the […]


Starting as you mean to go on… applications to assign

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A common way of securing retail or office space is to take an assignment of a lease from an existing tenant. Leases usually contain a requirement for landlord’s consent to such an assignment. A recent case has highlighted the importance of ensuring that if the proposed assignee makes the application, they specifically confirm that they […]


Fraud: hot pursuit or cold case in insolvency?

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Following parliamentary inquiries into high-profile retailers over summer 2016, the government promised an overhaul of corporate governance law. The rhetoric was strong and the claims by members of select committees were sensational as they spoke against wellknown business people, particularly in relation to the sums they had paid to themselves. Please click here for PDF […]


Brexit – The Divorce Bill

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On 1 January 1973, the United Kingdom acceded to the treaties constituting the European Communities.  Just over a year later, one of England’s greatest judges, Lord Denning, remarked that Community law “…is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back…” The present state of EU/UK […]


Navigating loan negotiations: tips for hoteliers

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For those setting up a hotel business an inevitable part is negotiating financing arrangements. Hotel lenders will want as high a level of control as possible over any new hotel business due to the higher risk profile.  However, hoteliers need to be aware that giving up too much control can stifle their ability to be […]


Do you rate it? Impact of rate revaluation on landlords

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For several weeks the usually dry topic of business rates has unusually been headline news. It has been predicted the recent rates revaluation will mean the end of independent retailers on the high street, with reports suggesting that many businesses, particularly in the South East, are expecting a rise in business rates of more than […]


The legal challenge to the gig economy

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Michael McCartney, a partner at Fladgate LLP, discusses the implications of claims brought against companies like Uber and Deliveroo Hermes is the latest to face a legal challenge to its business model following claims that its couriers should be classed as ‘workers’ rather than ‘self-employed’ persons. This claim (which is backed by the GMB) follows […]


“Multi-let-tricity” – electrifying changes

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“Electricity” – a song written by Elton John and Lee Hall for Billy Elliot – reveals young Billy feeling “electricity, electricity, sparks inside of me, and I’m free, I’m free”. Some tenants of multi-let buildings may also feel as free as Billy, knowing they may be free to choose their own energy supplier. In 2008, […]


Royal Assent received for the Digital Economy Act 2017

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New legislation introduced to extend digital connectivity, regulate direct marketing and protect consumers from unexpected phone bills and ticket bots. The Digital Economy Act 2017 (Act) has officially made its way into UK law.  The Act addresses some of the many issues arising in conjunction with the surge in use of technology, digital media and […]


The changing landscape of real estate taxation

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Many occupiers pay their rent to offshore landlords. For decades it has made good tax planning sense for landlords – and other owners of UK real estate – to be based offshore. Holding a land interest from outside the UK has historically allowed appreciation in the value of property to escape UK tax. And whilst […]