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Recent decisions from the English Courts on arbitration matters

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The English Court has issued a number of recent judgments in respect of arbitration matters and its supervisory powers under the Arbitration Act 1996  We summarise some of the more important decisions emerging, including those relating to “apparent bias” challenges against an arbitrator. Progas Energy Limited v Pakistan [2018] EWHC 209 (Comm) (9 February 2018) […]


Fladgate advises BYM Capital on corporate restructuring and £59.8m refinancing

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Fladgate LLP acted for an associated entity of BYM Capital in respect of its corporate restructuring and subsequent entry into a £59.8 million loan provided by Pluto Finance for the refinancing of the client’s acquisition of New Horizons Court in Brentford and its development from office use into residential accommodation comprising 271 private residential apartments. […]


Fladgate advises WideCells on its £2m placing and publication of related prospectus

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Fladgate has advised Main Market listed WideCells Group Plc on its £2m placing and the publication of a related prospectus.  The financing will be used to provide working capital for the group and for the expansion and development of the WideCells, CellPlan and Wideacademy brands and products. WideCells is a healthcare services company focused on providing stem […]


Fladgate advises Audioboom on its placing and subscription

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Fladgate has advised AIM listed Audioboom Group Plc on its placing and subscription to raise £4.5m and the conversion of £1.5m of convertible loan notes held by Candy Ventures SARL.  Proceeds will be used towards enhancing general working capital; expanding relationships with Spotify, Apple Podcasts, GooglePlay and CastBox; and funding growth and increasing revenue margins across […]


Observe the formalities: the Supreme Court upholds anti-oral variation clauses

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In a judgment with potentially wide-reaching commercial ramifications, the Supreme Court in Rock Advertising Limited (Respondent) v MWB Business Exchange Centres Limited (Appellant) [2018] UKSC 24, has overturned the Court of Appeal’s decision by holding that a ‘No Oral Modification’ (NOM) clause was legally effective. In 2011, Rock Advertising Ltd (Rock Advertising) entered into a licence […]


Fladgate advises Cenkos Securities on Aus$17m placing for 88 Energy

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Fladgate advised Cenkos Securities plc on the English elements of an offering (in the UK and Australia) to raise AUD 17 million for 88 Energy by way of a placing. The placing was implemented by an accelerated bookbuild. 88 Energy has a 63% working interest and operatorship in approximately 342,000 acres onshore on the prolific […]


The right to choose: notifications and PI policies

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In the recent case of Cultural Foundation (t/a American School of Dubai) & another v Beazley Furlonge Ltd & others, the court considered issues surrounding the notification of insurance claims, where a prospective claim had the potential to fall within two separate notification periods. The case concerned professional indemnity insurance policies that provided insurance to […]


Duty of care of lenders and valuers to third parties

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In the recent case of Rehman and Rehman v Santander UK Plc and BNP Paribas Real Estate Advisory and Property Management UK Limited the High Court was asked to consider whether a lender owed a duty of care to a borrower’s guarantors in respect of a valuation report commissioned by the lender. Facts The borrower […]


Buyer’s solicitor beware

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We now live in a world where identify theft is commonplace and fraudsters are becoming increasingly sophisticated in their pursuit of unsuspecting victims as modern technology helps to facilitate their dastardly deeds. The recent cases of Dreamvar (UK) Ltd v Mishcon de Reya (Dreamvar) and P&P Property Ltd v Owen White and Catlin LLP (P&P) […]


No ‘get out of jurisdiction free’ card available to sanctioned entity

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The recent decision in the Kamoto Copper Company SA v (1) Africa Horizons Investments Ltd and (2) Ventora Development SASU case highlights the challenges that a party subjected to US sanctions may face attempting to circumvent an exclusive jurisdiction clause in favour of the English courts. The Claimant, a subsidiary of the mining giant Glencore, […]


Limitation for contribution claims – take care

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In commercial disputes, it is not unusual for the claimant’s losses to be caused (or contributed to) by a number of different parties.  For instance, the claimant may have elected to pursue the party with the deepest pockets, or the loss may have been caused by one of the defendant’s subcontractors.  In such circumstances, the […]


Fladgate advises shareholders of M25 Business Centres Ltd on its sale to BizSpace

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Fladgate has advised the shareholders of M25 Business Centres Ltd on its sale to BizSpace. M25 Business Centre, which is located in Waltham Abbey, Essex, totals 55,000 sq ft across four storeys with office space ranging from 90 sq ft to 2,454 sq ft.  The property also includes meeting rooms, break out areas and executive […]