Insights: Publications - 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.

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). […]

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 […]

Innovative security measures for Landlords in a changing market


With Brexit on the horizon there are an increasing number of stories in the financial press about struggling companies and fearful investors. Those affected range from well-known retailers to huge tech companies and it seems that no one’s position is as safe as once thought.  Against this back-drop, landlords are still trying to secure new […]