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Construction newsletter - November 2017

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Updates for construction professionals


Adverse possession – how a trespasser can become an owner

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Could you trespass on someone else’s land, act as the owner of it for a long time and on that basis become recognised officially as the new owner? Surprisingly, that is what the law of this country has allowed, although in recent years the government has clamped down on opportunistic land-grabs. What is adverse possession? […]


Event: Protecting against unfair competition from former employees

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Protecting against unfair competition from former employees – what level of restraint is possible and what lessons can business owners and managers take from recent cases? A number of recent cases […]

Rentcharges – historic but current

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What are they? Rentcharges are any annual or other periodic sums charged on land, except rent reserved by a lease or any sum payable by way of interest.  If they remain unpaid, there could be disastrous consequences even if payment has not been demanded. They were common in the 19th century in Manchester, Bristol and […]


Brexit – Einige praktische Hinweise

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Das Vereinigte Königreich ist weiterhin Mitglied der EU, des Gemeinsamen Marktes und der Zollunion. Dies wird mindestens bis Ende März 2019, dem Ende der zweijährigen Verhandlungsperiode gemäß Artikel 50 des Vertrag von Lissabon, unverändert bleiben. Von daher sind noch keine Änderungen am rechtlichen oder regulatorischen Rahmen für hier ansässige oder tätige Unternehmen eingetreten. Es ist […]


Brexit for business

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The United Kingdom continues to be a member of the EU as well as the Common Market and the Customs Union.  This situation will persist at least until the end of March 2019, i.e. the end of the two year negotiation period stipulated by Article 50 of the Treaty of Lisbon which governs the withdrawal […]


Fladgate continues to be highly rated by Chambers UK 2018

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Fladgate LLP has continued to be highly rated by Chambers Guide to the UK Legal Profession 2018, with a number of the firm’s partners ranked as leading individuals. Construction: Purchaser Lawyers ranked Gillian Birkby, Alan Erwin, Alan Woolston What the team is known for Well-regarded practice with a purchaser-side focus. Advises on high-value transactional and contentious matters […]


UK tax compliance is getting strict with non-doms

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To those of us who spend our working hours musing on tax problems, not thinking about the tax implications of where we choose to live, what we invest in and how we do business can seem, well, pretty strange. However, for most (normal) people, tax, and tax compliance in particular, are not top of their […]


Getting the use right

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When considering taking a retail lease of a property, the most important point in the heads of terms from the tenant’s perspective will be its ability to trade or carry out its services from the property.  If it is unable to do so then the property will be useless to it.  However, when drafting heads […]


Fladgate advises Eco on CAD$14m subscription by Africa Oil Corp

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Fladgate LLP has advised AIM and TSX-V listed Eco (Atlantic) Oil & Gas Limited on the English law elements of an agreement with Africa Oil Corp (AOC), whereby AOC has subscribed for shares in Eco representing 19.77% of the enlarged share capital at a 28% premium to the market price as well as entering into […]


Mines and minerals – what goes on beneath the surface…

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Background It is not unusual to see an exception for mines and minerals on a title register for a property. This exception means that any mines and minerals lying underneath the property are not included in the registered title and, as such, the property. If you are told that this is the case for your […]


Understanding insurance indemnity principles and providing lender protection

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Real estate finance lenders need to achieve three things: First ranking security over the real estate asset. Maintenance of the real estate asset’s value by ensuring all damage is reinstated (and insurance proceeds applied accordingly). Fixed security over any lump sum payment. This all sounds simple enough but on nearly every real estate finance transaction […]