Insights: Oliver Tobin

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Court of Appeal shuts the door on insolvent companies adjudicating

Oliver Tobin, Digby Hebbard |

The Court of Appeal today handed down a judgment confirming the interplay between construction adjudication and the insolvency regime.  Fladgate acted for the successful respondent. The appeal was from a decision of the judge in charge of the Technology and Construction Court in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation).  […]


‘Practical Completion’ – Is your definition practically complete?

Oliver Tobin |

‘Practical Completion’ (PC) plays an important role on construction projects, often signifying the release of retention monies, ending the contractor’s liability for liquidated damages, commencing the defects liability period and passing possession of the works to the employer. The term is almost universally used in the construction industry, yet, despite its significance, is not legally […]


Duty of care – buyer beware!

Oliver Tobin |

A recent decision of the Technology and Construction Court (TCC) has emphasised the challenges a claimant faces establishing a duty of care in the absence of a contractual relationship. In BDW Trading v Integral Geotechnique[1], the TCC found that a where a consultant prepared a report in respect of a site to be sold for […]


Is the project monitor to blame?

Oliver Tobin |

The Court of Appeal has handed down its decision in a long running dispute concerning the duties owed by a project monitor.  Lloyds Bank Plc v McBains Cooper Consulting Ltd[1], underlines the importance of a cohesive and open relationship between a funder and its project monitor in a development finance transaction. Facts McBains was the […]


The right to adjudicate – Interpretation of ‘excluded operations’

Oliver Tobin |

The Housing Grants, Construction and Regeneration Act 1996 (Act) grants the right to refer disputes relating to construction operations to adjudication.  However, a number of operations under section 105(2) of the Act are excluded from this right. The recent decision of the Technology and Construction Court (TCC) in Equitix v Bester[1] offers helpful guidance on […]


When the architect gets carried away

Oliver Tobin |

What do you do when your architect designs something that is way beyond your budget? That was the issue in the recent case of Riva Properties v Foster + Partners. Oliver Tobin reports. A recent decision of the Technology and Construction Court (TCC) has considered the scope of an architect’s duty of care, specifically in […]


Fladgate advises on the £48m acquisition and financing of 6-8 Bouverie Street, EC4

Richard Kaufman, Oliver Tobin, Seetal Modi, Dee Afolami, Miles Crawford, Amanda Hado-Bodfield |

Fladgate has advised Harbor Group International (HGI) on the £48m acquisition and financing of 6-8 Bouverie Street, London EC4Y 8AX.  The team acted on the £31.2m facility with Helaba from Tudor Court Limited.  Fladgate’s real estate and finance teams worked closely together to manage the loan facility from Helaba. HGI is a leading global real […]


Fladgate advises U+I on Circus Street, Brighton redevelopment project

Hollie Docherty, Oliver Tobin |

Fladgate LLP has advised U+I in respect of a redevelopment project at Circus Street, Brighton.  The £130m mixed use regeneration scheme in partnership with Brighton and Hove City Council will provide housing, student accommodation, dance studio for South East Dance, office and retail space.  We advised on the construction aspects of the project, including all […]


How 3D printing is changing the fabric of creative rights

Eddie Powell, Oliver Tobin |

The technology was on show at London Fashion Week — which raises the issue of design and copyright infringement After London Fashion Week last month, it was the models’ 3D printed footwear and dresses that made headlines. But as 3D printing edges towards the fashion mainstream, presenting exciting new opportunities for manufacturers and designers alike, […]


The brains behind your bricks: Intellectual property and real estate

Eddie Powell, Oliver Tobin |

Whilst developers, owners and investors keep close tabs on the value of their property portfolios, most neglect to consider the intangible assets that exist within their bricks and mortar. IP rights can come in many forms, including building design, names, nicknames and addresses, all of which need careful safeguarding in this day and age. Eddie Powell and Oliver […]


Commercial agency agreements – Software is ‘goods’, not a service

Andrew Kaufman, Eddie Powell, Oliver Tobin |

A recent decision of the High Court in Software Incubator Ltd v Computer Associates UK Ltd[1] has clarified that software is a good for the purposes of a commercial agency agreement, allowing a commercial agent to claim ‘no fault’ compensation from the software supplier following termination of the agreement. Software Incubator Limited (Software Incubator) signed […]


Collateral warranties: getting the best support!

Oliver Tobin |

Many occupiers still fail to sufficiently protect their interests by ensuring that the appropriate paperwork is in place when construction works are carried out in or adjacent to their premises.  Whilst many defects continue to be identified and remedied when a contractor is on site, significant problems can and do arise with latent or hidden […]