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Refining the band of reasonable responses test – an insight into fair dismissals

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In this briefing we look at two recent Employment Appeal Tribunal (EAT) decisions relevant to dismissal:  In the first, Quintiles Commercial UK Ltd v Barongo, the EAT considered whether an Employment Tribunal had been correct in deciding that a dismissal for a first offence of misconduct had been automatically unfair where the conduct in question had […]


Fladgate advises on refinancing of £100m multi-use luxury development

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Fladgate LLP has advised the investors on the refinancing of the luxury development at 37-38 Golden Square, London W1. The refinancing involved £54.7m of new funding from Apollo. The property, set in an iconic prime West End location, is a development of luxury apartments standing over two retail units and a flagship restaurant unit. Stephen […]


Nothing beats a good TM LWYR – Nike’s questionable LDNR campaign

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A July 2018 decision of the UK Intellectual Property Enterprise Court (IPEC) appears to have put paid to Nike’s recent “Nothing beats a Londoner” ad campaign. The case highlights, with hindsight, a perhaps regrettable commercial/legal decision by the sports giant, whilst also demonstrating the usefulness of the IPEC as a means of speedy and effective […]


Fladgate advises Argo Blockchain Plc on Main Market listing and £25m placing

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Fladgate LLP is pleased to have advised Argo Blockchain Plc (Argo), a provider of crypto-mining services, on its admission to the standard segment of the Official List and to trading on the London Stock Exchange’s Main Market. Argo raised £25m under a placing concurrent with admission and had a market capitalisation on admission of approximately […]


Liquidation speculation and adjudication

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Most involved in the construction industry will at some point have encountered insolvency. Institutionally tight margins and weighted risk-sharing regrettably have pushed and will continue to push companies, particularly on the contracting side, to the wall.  Insolvency during live construction projects can be particularly problematic because replacement contractors need to be procured to complete the […]


New ACAS guidance on suspension and overtime

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There have been a number of important cases dealing with suspension and overtime in recent years.  In Agoreyo v London Borough of Lambeth the High Court confirmed that suspension should never be a “knee-jerk reaction” and that it might even amount to a breach of the implied term of trust and confidence in some circumstances.  […]


Fladgate rated as 'regional & specialist firm' by India Business Law Journal

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In a recently published report, India Business Law Journal has identified the top international firms for work on major India-related matters. Fladgate is delighted to have been selected as a ‘regional & specialist firm’. Accompanying editorial within the report states: “UK law firm Fladgate assists Indian companies and high net worth individuals (HNWIs) on corporate […]


Exclusion clauses, reasonableness and freedom of contract

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Following a fire at its premises, Goodlife Foods Limited (Goodlife) commenced proceedings against Hall Fire Protection Limited (Hall Fire) for breach of contract and/or negligence in the supply and installation of a fire suppression system. In its defence Hall Fire sought to rely on an exclusion of liability clause contained within its standard terms and […]


Domicile dramas

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Many advisers have to grapple with the sometimes difficult question of establishing their client’s domicile. A client’s domicile is fundamentally important in a diverse range of English legal and tax areas, such as whether: a client can bring divorce proceedings in the UK; a client is liable to UK Inheritance Tax on worldwide assets as […]


AIM companies can now consider compliance with the new UK Corporate Governance Code

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Background In May this year we reminded AIM companies that on 30 March 2018 a revised version of the AIM Rules for Companies (AIM Rules) became effective. The new version of the AIM Rules extends the ambit of the information that each AIM company must include on its website pursuant to rule 26 of the […]


Stop being a nuisance

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Construction sites can undoubtedly be a nuisance to their neighbours and over the years the right to object to (and receive compensation for) certain types of nuisance has become enshrined in the law. Even if planning permission is granted for construction works which will inevitably be noisy, for instance, that is no excuse if the […]


To freeze worldwide, or not to freeze worldwide: that is the question

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Commercial court decides against granting a WFO in support of a foreign arbitral award. In Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd [2018] EWHC 1539 (Comm), Eastern European Engineering Ltd (EEEL) applied to the Commercial Court in London for a WFO (WFO) against Vijay Construction (Vijay) in support of an ICC arbitral award. […]