Insights: Publications - September 2020

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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

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 […]

In my previous article on this topic, I looked at the Competition and Markets Authority (CMA) guidance on consumer rights where private events, such as weddings, were cancelled due to the original lockdown laws (introduced in late March 2020). However, since the lockdown rules were relaxed in July 2020, certain private events booked before late […]

Contractual consent: when is it reasonable to attach conditions when giving consent? Contracts often require a party to seek consent from the other party before it can do something. For example, a party to a contract may not be permitted to assign the benefit of a contract, appoint a subcontractor, or move to a new […]

Are your outsourced Facilities Management arrangements Brexit-ready? The UK left the European Union and the European Atomic Energy Community on 1 February 2020. However, the Withdrawal Agreement concluded between the UK and the EU is intended to provide for an orderly departure by the UK and includes a transition period during which EU law continues […]