Insights: Ian Smith

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‘Something tells me it’s all happening at the zoo’

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Chester Zoo fell victim to a type of fraud called ‘invoice hijacking’, where fraudsters intercept correspondence between two parties that have an existing contractual relationship and invoice the target for services that have actually been rendered. Chester Zoo had engaged Laing O’Rourke to carry out construction works for a safari experience valued at approximately £17 […]


Overpayments, recovery and settlement: Graham Leslie v Farrar Construction

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A recent case demonstrates the importance of having a written agreement in place, no matter how tempting it may be to solely rely on oral terms. Graham Leslie v Farrar Construction Ltd is a Court of Appeal decision regarding the recovery of overpayments made to a contractor. Mr Leslie and the contractor, Farrar Construction, entered […]


Severance and survival

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A recent decision in the Technology and Construction Court (TCC) in the case of Stellite Construction Ltd v Vascroft Contractors Ltd emphasises the difficulties for a party in arguing that an adjudicator has materially breached the rules of natural justice. However it also reminds us that the adjudicator’s frame of reference for jurisdiction will be […]


‘Amber, Green and Red Surprise’: Conflicts in International Arbitration

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A recent case in the Commercial Court, which has coincided with our experience of an arbitrator resigning due to a potential conflict, has brought attention to the International Bar Association’s Guidelines on Conflicts of Interest in International Arbitration. The IBA Guidelines are frequently used in the international arbitration arena to consider impartiality and independence. With […]


Third Star Wars project for Fladgate

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Fladgate LLP’s (Fladgate) construction team acted on their third Star Wars themed project for Merlin Entertainments, the world’s second largest leisure group.  The project at LEGOLAND® Windsor Resort creates scenes from the Star Wars movies made out of 1.5 million LEGO® bricks.  Previous Star Wars themed instructions on which construction partner Barry Hembling and his […]


Fladgate instructed on new hotel and accommodation projects by Merlin Entertainments

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Fladgate LLP’s (Fladgate) construction team has been instructed on a number of new hotel and accommodation projects by Merlin Entertainments (Merlin), the world’s second largest leisure group. Live projects include the construction of a new LEGO® themed hotel in Japan.  The hotel is to be built adjacent to the new LEGOLAND® Japan which is currently […]


Fladgate to support Merlin Entertainments plc with China expansion plans

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As part of their ongoing relationship, Merlin Entertainments plc (Merlin) has instructed Fladgate LLP’s (Fladgate) construction team to assist with its expansion plans in China. Having previously worked on Merlin’s five existing attractions in China (Madame Tussauds in Shanghai, Hong Kong, Beijing and Wuhan, and Chang Feng Ocean World aquarium in Shanghai), Barry Hembling (Fladgate […]


The duty to warn – a collapsing obligation?

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“This is a sad case” – first line of Mr Justice Akenhead’s judgment The Claimants, Mr Goldswain and Ms Hale, bought a ground floor flat in 2011 and decided to convert the basement into living accommodation by increasing its depth. They hired Beltec, engineers, to design the structural works and a contractor to carry out […]


Arbitration awards – time frames and delays

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Under the new LCIA Rules 2014, one of the aims is to increase the speed and efficiency of arbitrations. However, arbitration awards can take a long time and even be delayed beyond the expected deadline, resulting in frustration for the parties involved and potentially serious financial consequences. International arbitration bodies and their award time frames […]


Fladgate advises X-Leisure Fund on £112m sale

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Fladgate LLP were one of the property advisers involved in the £112m sale of a majority share of the X-Leisure Fund to Land Securities. The transaction increases Land Securities’ holding in the X-Leisure Fund to 54%. The X-Leisure Fund is the UK’s largest leisure park portfolio, with a portfolio of 16 entertainment and leisure destinations […]