Insights: Legal Updates - June 2017

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Important safety checks required following Grenfell Tower fire


The announcement by prime minister Theresa May on 28 June 2017 that the cladding used at Grenfell Tower did not comply with Building Regulations is a worrying development in this tragic saga.  How defective cladding came to be installed in circumstances where the public rightfully expect construction works to be properly carried out and certified […]

Don’t get caught “softlifting”

Michelle Waknine, Eddie Powell |

Fines to UK SMEs exceeded £900,000 in 2016 for using unlicensed software It is certainly no secret that software has become an integral part of the success of modern businesses in recent years. Business management software has assisted with running operations more efficiently, cost reduction and replacement of paper processes. Cloud computing software has also […]

International investment opportunities in UK infrastructure


The UK is currently developing over £500 billion worth of major infrastructure projects that include over 720 schemes set out by the National Infrastructure and Construction Pipeline up to 2020/21. With only half of the funding estimated to be coming from public investment, the UK must look abroad for international investment partners if these ambitious […]

Lease or licence – why you should care

Gavin Whitney |

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

Mike Tremeer |

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


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


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?


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

Charles Proctor |

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

Jenny Sargeant |

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


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

Michael McCartney |

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 […]