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Aug 26, 2025 |

AI Round-up - August 2025

As much of Europe shuts up shop and heads for the beach, we look back on another busy month for the AI sector. Noteworthy events in July included Nvid ...

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Aug 19, 2025 |

Buying a UK residential property: planning ahead

International families continue to be interested in the UK residential property market for personal occupation or investment purposes. Although it’s e ...

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Aug 18, 2025 |

The EU AI Act : an update on implementation and the implications for UK companies

Where are we now? The EU AI Act’s implementation timeline The EU Artificial Intelligence Act (AI Act) entered into force on 1 August 2024 and is bein ...

33
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Aug 15, 2025 |

Apollo XI brought back down to earth – a warning for lawyers

Lawyers and lay clients have a duty to give full and frank disclosure to the Court when pursuing applications made without notice to the other party. ...

2
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Aug 11, 2025 |

Arbitrating multi-contract construction disputes: the pitfalls

Introduction Construction contracts are typically formed of multiple documents containing detailed legal and technical information that must be read ...

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Aug 6, 2025 |

Reputation management challenges for HNWIs in today’s digitally advanced and socially divided society

In today’s digital world, we are all well-advised to have a reputation management strategy. Given the heightened public and political scrutiny of the ...

18
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Jul 28, 2025 |

Choosing the right vehicle for charitable giving: Charitable Foundation vs Donor-Advised Fund

Individuals and corporates looking to make lasting impact through charitable giving often assume that the default option is to set up their own privat ...

CHAMBERS HNW
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Jul 24, 2025 |

BloomSmith: Redefining Commercial Property Funding

As the UK’s first and leading commercial property VAT bridging loan specialist, BloomSmith’s success is built upon partnerships, and we’ve been there ...

14
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Jul 16, 2025 |

Capital Goes Where It Is Welcome: Rethinking the UK’s Global Appeal

Following our previous article and as we reach the third quarter of 2025, the questions remain: did the warning of an imminent exodus of millionaires ...

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Jul 8, 2025 |

Alpha partners with Fladgate LLP and Osborne Clarke LLP to deliver a pre-packaged fund financing solution for GP commitments

This article was originally published on AlphaGroup website on 8th July 2025.Alpha announces partnership with two law firms and a pool of lenders to c ...

20
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Jul 1, 2025 |

AI Round-Up – July 2025

June saw a surge of momentum in the AI sector, driven by high-profile gatherings and significant policy developments, with London Tech Week 2025 spotl ...

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Jul 1, 2025 |

Beyond the cask: the hidden risks of whisky cask investments

World exports of Scotch whisky are currently estimated at over £5.9 billion. Over the last 10 years, the secondary market of brokers offering investor ...

19
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Jun 27, 2025 |

In conversation with David O'Brien & Mark Scrivens at FPT Software

Earlier this year, our Sports and Tech teams had the privilege of working on a very exciting deal with the team at FPT Software. As digital transforma ...

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Jun 25, 2025 |

Commission on insurance rent: a new criterion?

When is it acceptable for a landlord to receive a commission for placing buildings insurance, and should the commission be passed on to the landlord’s ...

25
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Jun 24, 2025 |

Essential legal tips for buying art: How to avoid costly mistakes

Georgia Leach, Trainee, is a co-author on this article Art is a passion asset. Collectors may purchase art solely as an investment but frequently the ...

13 2
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Jun 23, 2025 |

Decoding the Investor Mindset: Insights from London Tech Week

Earlier this month, our VC partner Janine Suttie moderated a panel at London Tech Week with the aim of “Decoding the Investor Mindset” for founders pr ...

1
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Jun 18, 2025 |

"The Bank of Mum and Dad" – how loans or gifts can be protected

The phrase “the Bank of Mum and Dad” has come to include any form of financial support, whether it’s a loan or gift from family members, given to an i ...

39
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Jun 16, 2025 |

London Tech Week Top Takeaways: Data Privacy & Compliance – Turning Regulation into Competitive Advantage

As a lawyer working with UK businesses of all sizes — from fast-moving start-ups to multinational giants — we’ve noticed a recurring theme: privacy la ...

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Jun 16, 2025 |

Predatory marriage: a hidden threat

An issue that is causing professional advisors increasing concern is how to protect the elderly and vulnerable from ‘predatory’ marriages. A predato ...

Digital Operational Resilience
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Jun 13, 2025 |

London Tech Week Top Takeaways: How Tech is Tackling Our Biggest Problems in Climate Change

Decarbonisation Technology is being utilised across a wide range of sectors to help mitigate and understand the impact of climate change by, amongs ...

1
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Jun 13, 2025 |

AI: friendly legal advisor or foolhardy foe?

It is no secret that AI is now widely used and, in some professions, commonplace. The legal world is no exception. AI chat functions and search engine ...

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Jun 12, 2025 |

London Tech Week Top Takeaways: Cybersecurity threats in the AI era – what is changing for businesses and what can be done?

Cybersecurity has hit the headlines again following the recent attacks on UK retailers Marks & Spencer, the Co-Op and Harrods. Whilst details of the p ...

24
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Jun 12, 2025 |

We all learn differently: Neurodiversity in family proceedings

Those of us with young children may have heard them parrot that “we all learn differently”, reflecting the vast progress made in schools to acknowledg ...

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Jun 11, 2025 |

London Tech Week Top Takeaways: How Tech Is Tackling Our Biggest Problems in Healthcare

London Tech Week 2025 is here, a flagship event, where global visionaries, tech leaders, founders and top investors share their insights into the futu ...

28
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Jun 10, 2025 |

Keeping up with capacity

The Mental Capacity Act 2005 (MCA 2005) sets out the legal principles to be applied when determining whether an individual has capacity. Section 2(1) ...

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Jun 9, 2025 |

Data Centres at UKREiiF - riding the wave through challenges to opportunity

I was going to subtitle this post: “I went to five data centre panels at UKREiiF, so you didn’t have to”. However, I only made it to four. The fifth w ...

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Jun 9, 2025 |

London Tech Week Top Takeaways: How Can Data Centres Procure Green, Cheap and Reliable Power?

The growing data centre market The global data centre market is growing at an unprecedented pace, driven by the rapid deployment of cloud computing, ...

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Jun 6, 2025 |

London Tech Week Top Takeaways: Quantum Computing, Deeptech and AI - the dawn of a new computational era

We stand at the threshold of a technological revolution where quantum computing, deeptech innovations and artificial intelligence are fundamentally tr ...

Private Immmigration
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Jun 6, 2025 |

Travelling with your entourage: convenience or possible compliance nightmare?

As the summer months approach, London will see a new level of buzz and activity. Royal Ascot with all its glitz and glamour is just around the corner. ...

51
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Jun 5, 2025 |

Confidentiality in arbitration: Is it guaranteed?

Confidentiality is often highlighted as one of the key advantages of choosing arbitration over litigation in the courts. Arbitration is an inherently ...

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Jun 3, 2025 |

AI Round-Up – June 2025

As another month draws to a close, we take a moment to reflect on the dynamic world of AI and the remarkable developments shaping the landscape. May 2 ...

11
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May 29, 2025 |

The European Cyber Resilience Act: what it means for Digital Products

The European Union’s Cyber Resilience Act (CRA) marks a transformative shift in how digital products are designed, developed and brought to market acr ...

3 2
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May 28, 2025 |

Relocation outside of the UK: parents with children under 18

Those in separated and blended families with children have additional considerations when leaving the UK. They must consider: (a) whether they need ...

21
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May 23, 2025 |

Preparing your house for sale from a legal perspective

Moving home can be a daunting prospect but there are some steps you can take to assist with the legal process in advance to make it go as smoothly as ...

8
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May 21, 2025 |

The EU’s New Product Liability Directive: what it means for software

The European Union’s New Product Liability Directive (PLD), adopted in December 2024 and set for implementation by December 2026, marks a transformati ...

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May 21, 2025 |

VC Investment Terms Guide: a user-friendly glossary of key legal terms

Welcome to our new VC Investment Terms Guide! The team, led by Lucie Burniston, has created a user-friendly glossary of the key legal terms and freque ...

12
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May 20, 2025 |

Back to Basics: The Insolvency Process

Insolvency poses significant legal and financial challenges for both individuals and companies. When a party becomes insolvent and is unable to meet i ...

7
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May 19, 2025 |

Opinion on the immigration white paper: Triple assault on employers, schools and the NHS

The Government’s immigration white paper (Restoring Control over the Immigration System) is now one week old. However, the implications of the white p ...

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May 16, 2025 |

Taking Art/Cultural Property into the EU after 28 June 2025? What you need to know

From 28 June 2025, any art/cultural property being imported into the EU which was originally created or discovered outside the EU will have to comply ...

8
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May 15, 2025 |

Do the dead walk amongst us? Ashimola & Anor v Lasisi & Samuels

Simon Goldring and Kitty Brockbank take a look at a bizarre case where the deceased turned out to be alive and kicking and her “husband”, who had agre ...

5
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May 8, 2025 |

Bluebox x Fladgate Cross-Border M&A Report 2025

We have teamed up with Bluebox Corporate Finance to publish an industry report on key cross-border M&A trends we have seen over 2024-25. The report ...

28
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May 7, 2025 |

AI Round-Up – May 2025

With OpenAI CEO Sam Altman appearing to suggest in an April Forbes magazine interview that ChatGPT is now at 1 billion weekly active users, we are ple ...

10
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May 2, 2025 |

Exercising trustee powers correctly - what is a ‘benefit’?

Trustees need to exercise their powers correctly. If not, then the ‘exercise’ can be void. Commonly, trustee powers are grouped as either ‘dispositi ...

PW
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May 1, 2025 |

Citizenship - a generational consideration

Possessing British citizenship is not considered an entitlement or a legal right in the United Kingdom. It is considered a privilege. However, acquiri ...

64
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Apr 29, 2025 |

Corporate insolvency (UK): a brief overview of reviewable (antecedent) transactions

Liquidators and administrators are required to investigate a company’s prior dealings with a view to maximising a company’s assets. They have a range ...

18
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Apr 17, 2025 |

Paris Arbitration Week 2025 - Political Risk Insurance and Bilteral Investment Treaties: How to maximise recoveries in a political risk loss

As part of Paris Arbitration Week, we hosted a panel discussion in collaboration with unyer (Fidal, Luther Rechtsanwaltsgesellschaft, Pirola Penn ...

3
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Apr 17, 2025 |

Paris Arbitration Week 2025 - The Next Phase of Inclusion: Five Actionable Insights from the LCIA EDI Guidelines

As part of Paris Arbitration Week 2025, we hosted a panel discussion in collaboration with the LCIA EDI Steering Group and TransPerfect Legal. Our pan ...

2
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Apr 16, 2025 |

Not so lasting powers of attorney: Incapacity planning considerations

When planning a move to or from the UK, it’s an opportune time to review, supplement or replace your incapacity planning arrangements. Once your decis ...

32
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Apr 9, 2025 |

AI Round-Up – April 2025

As we wrap up another eventful month in the world of AI, we're excited to share some of the key developments that have caught our eye. On the new mode ...

18
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Apr 8, 2025 |

Property myths debunked: Three common residential property myths explored

When it comes to buying or selling residential property, misinformation and myths often cloud the process. From common misconceptions about legal obli ...

15
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Apr 2, 2025 |

The 1954 Act: are we heading for a change?

Part 2 of the Landlord and Tenant Act 1954 (the 1954 Act) is a staple of commercial landlord and tenant transactions. It has transactional and litiga ...

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Apr 1, 2025 |

Rights to Light: Judge refuses to grant a prohibitory interim injunction to prevent the construction of affordable housing in pro-developer case

The case of Handstone Investments Limited (HIL) v Abri Group Limited (AGL) [2024] EWHC 3523 was heard in October 2024 before Mr Justice Trower and shi ...

5 2
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Mar 31, 2025 |

The real Succession: Murdoch trust battle highlights estate planning pitfalls

Isabelle McGregor, Trainee, is co-contributor to this article. For years, the hit TV shows Succession has captivated audiences with its portrayal of ...

28
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Mar 27, 2025 |

Covid-19 business interruption claims - the countdown is on to recover losses

With the March 2026 limitation deadline looming for Covid-19 business interruption claims, the Court of Appeal's recent judgment in Liberty Mutual Ins ...

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Mar 26, 2025 |

A Reminder: Some common types of claims made against directors of insolvent companies

When a company goes insolvent, an insolvency practitioner’s duty is to maximise recoveries for creditors. Inevitably, this results in a spotlight bein ...

2 2
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Mar 26, 2025 |

Ex-pat Brits are the big winners in the 2024 Budget IHT changes

In a major change to the current rules, from 6 April 2025, anyone who is not ‘Long-term UK resident’ (LTR) is outside of the UK’s Inheritance Tax (IHT ...

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Mar 24, 2025 |

Prohibited purpose or not prohibited purpose; that is the section 423 question: Purkiss v Kennedy and Ors [2025] EWCA Civ 268

Purkiss v Kennedy and Ors [2025] EWCA Civ 268 – Purkiss v Kennedy & Ors [2025] EWCA Civ 268 (14 March 2025) The Court of Appeal recently dismissed th ...

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Mar 24, 2025 |

Be kind, and save money on lunch

There’s no such thing as a free lunch. There is, however, such a thing as a court-ordered one, as two counsel in Birmingham, Alabama, found out in Dec ...

6
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Mar 21, 2025 |

Permission to appeal granted in key “mixed use” property claim

Fladgate’s Real Estate Disputes team has successfully secured permission from the Court of Appeal on behalf of a landlord client seeking to pursue a s ...

17
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Mar 12, 2025 |

PISCES: potential liquidity and a preparatory step to IPO?

In the context of an initial public offering, a company undertakes a significant transition to become a quoted company. Topics such as disclosure, tra ...

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Mar 11, 2025 |

GR Limited Partnership v Edgewater (Stevenage) Limited and others - what lessons can be learned?

A recent decision in Grey GR Limited Partnership v Edgewater (Stevenage) Limited and others CAM/26UH/HYI/2023/0003 offers helpful guidance on the Firs ...

3
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Mar 11, 2025 |

Auctioning off the High Street

Our high streets are facing unprecedented challenges. More than one in every seven high street shops is vacant; in some areas, it is one in five. T ...

Whiskey
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Mar 9, 2025 |

Whisky cask investments: Liquid gold or legal minefield?

World exports of Scotch whisky are currently estimated at over £5.9 billion. Over the last 10 years, the secondary market of brokers offering investor ...

31
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Mar 7, 2025 |

AI Round-Up - March 2025

February saw the AI landscape continue to evolve at a breakneck pace, with significant developments shaping the future of this transformative technolo ...

42
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Mar 6, 2025 |

Ensuring your furry friend’s future: the importance of estate planning for pets

Pets are more than just animals – they are family. They provide companionship, love and support. It’s therefore only natural that we want to ensure th ...

33
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Mar 6, 2025 |

Digital assets: protecting your online legacy

A sudden death, a lost password and millions of dollars of cryptocurrency lost. In 2018, the co-founder of a cryptocurrency exchange in Canada died s ...

Dog
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Mar 6, 2025 |

What is a ‘pet-nup’ and when might I need one?

Although many of us consider our pets as part of the family, as far as the Courts in England and Wales are concerned, until recently a pet would be tr ...

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Mar 6, 2025 |

Construction Cases Overview 2024

Our construction team has compiled their top 10 cases from 2024. 2024 was a significant year for developments in construction law. Highlights incl ...

10
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Mar 5, 2025 |

From barrel to bankruptcy: The pitfalls every wine collector needs to know

Wine drinkers in the UK are in a fortuitous position: the UK (and specifically, London) boasts a world-beating breadth of wine merchants, restaurants ...

5 2
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Mar 5, 2025 |

Corporate Deals Overview 2024

It is a pleasure to introduce our overview of Fladgate’s corporate deal activity during 2024.  Our M&A, Venture Capital, Capital Markets and Com ...

29
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Mar 4, 2025 |

The ‘exodus’ of UK millionaires: Myth or reality?

When the abolition of the UK resident non-domiciled (RND) tax advantages was confirmed in March 2024, most commentators foretold a dramatic departure ...

17
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Feb 26, 2025 |

New Arbitration Act 2025 – A change should do you good

The new Arbitration Act 2025 has now been entered into the statute book and is expected to come into force soon, paving the way for a modernised arbit ...

PW3
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Feb 25, 2025 |

Cohabitation agreements – What are they and why might I need one?

Recent figures from the Office of National Statistics show that in 2022, approximately 6.8 million people were involved in cohabiting relationships ra ...

5
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Feb 17, 2025 |

Understanding how trusts are treated in divorce

Divorce and trusts often go hand in hand. It is incredibly common for our clients, or their spouses, to be the settlors, beneficiaries, trustees or pr ...

Large Comms Dish
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Feb 14, 2025 |

Copyright protection for TV formats – Rinkoff v Baby Cow Productions [2025]

Whether a TV format is capable of copyright or dramatic work protection (under the UK’s Copyright Designs and Patent Act 1988 (CDPA)) has been a quest ...

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Feb 14, 2025 |

Why is a pre-nuptial agreement important?

Thinking about popping the question this Valentine’s Day? Then consider a pre-nuptial agreement! In the midst of buying Valentine’s roses and planni ...

65
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Feb 11, 2025 |

Don’t delay in having your say: a cautionary tale

Fladgate represents an individual defendant in the two parallel claims of Okuashvili & Others v Ivanishvili & Others (BL-2022-000657 and BL-2023-00030 ...

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Feb 7, 2025 |

Why is Marcus no longer the favourite son? A review of Marcus v Marcus

What do Marcus Rashford and Manchester United have to do with the Private Wealth world? Nothing it turns out, but much like the confirmation of Marcus ...

5 1
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Feb 7, 2025 |

Using Family Investment Companies for efficient succession planning

Many families incorporate family investment companies (or “FICs”) as part of their estate planning. An FiC is a company whose shares are owned by fami ...

Article image concerns over breach of loan to value covenants
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Feb 4, 2025 |

Leading the way for Forma Real Estate Funds

We recently advised Forma Real Estate in connection with the acquisition of a mixed-use prime property on 19-31 Piccadilly, Manchester, from L&G Real ...

9
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Feb 3, 2025 |

AI Round-Up - February 2025

January was an exceptionally news-heavy month, with the AI landscape continuing to evolve at breakneck speed and ground-breaking developments reshapin ...

5 2
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Feb 3, 2025 |

Significant narrowing of the Takeover Code comes into effect

Today marks the beginning of a significant jurisdictional change for the Takeover Code. From today, the Takeover Code will only apply to a UK registe ...

People Talking With Coffee Cup
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Jan 31, 2025 |

Family Mediation Week 2025: Advantages of and alternatives to mediation

During Family Mediation Week 2025, we reflect on the essential role mediation plays in resolving family disputes. Previously, we explored the mediatio ...

8
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Jan 30, 2025 |

Habeas corpus in children proceedings? Some clarity from the Supreme Court

Habeas corpus in children proceedings? Some clarity from the Supreme Court On 29 January 2025, the Supreme Court handed down judgment in the case of ...

10
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Jan 24, 2025 |

Family Mediation Week 2025: What is mediation?

27 - 31 January 2025 is Family Mediation Week. This week is designed to raise public awareness of the benefits of mediation, particularly in family di ...

64
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Jan 20, 2025 |

Helping To Create Transformative Change

Built by founders for founders, our client Atomico is not your traditional venture capital firm. They’re helping visionary founders become global lead ...

29
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Jan 20, 2025 |

PriceHubble: Property Performance Solutions For Finance And Real Estate

As one of Europe’s fastest growing scaleups, our client PriceHubble needs a team that can keep up, especially with their appetite for acquisitions. F ...

1
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Jan 9, 2025 |

CRD VI - A significant change to the EU’s regulation of cross border banking activities carried out by non-EU banks

From January 2027 CRD VI will have a significant impact on ability of non-EU banks and large investment firms to provide core banking services into th ...

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Jan 6, 2025 |

AI Round-Up - January 2025

As we usher in 2025, we look back on a groundbreaking year that redefined the landscape of artificial intelligence. The past 12 months have been nothi ...

8
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Dec 18, 2024 |

Green shoots for a changing VC landscape in 2025

As we head into 2025, the mood in the VC market is cautiously optimistic. Stabilising inflation and a less hawkish interest rate environment should al ...

1
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Dec 18, 2024 |

Further regulations increase protections against fraud

In our recent articles, we have examined the new mandatory requirement for all UK payment service providers (PSPs), to reimburse their customers ...

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Dec 2, 2024 |

AI Round-up - December 2024

As we approach the end of 2024, the Fladgate AI team reflects on a transformative year in artificial intelligence with a bumper issue of the monthly&n ...

5
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Nov 27, 2024 |

Art Market Trends and Industry Insights – post budget

Despite initial fears that the art market would limp out of the global pandemic, the disruption it caused seemed to create new opportunities for the m ...

Architecture
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Nov 26, 2024 |

Global Talent Visas – An Untapped Resource?

Unused talents gives you no advantage over someone who has no talent at all – Mark Twain The United Kingdom has a somewhat quiet reputation as a ce ...

10
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Nov 12, 2024 |

APP reimbursement scheme – good news for consumers or an opportunity for fraudsters?

As discussed in our recent article here, authorised push payment (or APP) fraud, where a fraudster convinces their victim to send them money via a ban ...

6
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Nov 8, 2024 |

Employment Rights Bill Update

On 10 October 2024, and, as promised, just within the first 100 days of their appointment, the UK government introduced a new Employment Rights Bill. ...

64
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Nov 6, 2024 |

5 Takeaways From UK Justices' Arbitration Jurisdiction Ruling

On Sept. 18, the U.K. Supreme Court handed down judgment in its decision to unanimously uphold the granting of an antisuit injunction restraining Russ ...

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Nov 4, 2024 |

AI Round-Up - November 2024

The AI revolution is in overdrive. Blink and you'll miss it. Breakthroughs are dropping faster than tech stocks in a bubble burst. This month’s round- ...

2
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Nov 1, 2024 |

What should founders and companies take note of from the Autumn Budget?

Historically the UK has sought to position itself as a leading hub for venture-backed start-ups, buoyed by tax incentives, comparatively low capital g ...

20
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Oct 30, 2024 |

Autumn Budget 2024: Key takeaways

Today’s Budget will have a far reaching impact for our clients; as always there are opportunities as well as possible costs (interest rates on unpaid ...

4
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Oct 15, 2024 |

Salem v Sequent: Guernsey Court of Appeal provides rare insight into recusal and guidance on its approach to appeals from private proceedings

Summary A judgment on recusal handed down by the Guernsey Court of Appeal provides helpful guidance for the role of judges when one set of litigation ...

3
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Oct 8, 2024 |

UK Prospectus reform: major changes ahead

Keeping up the rapid pace of reform of the UK capital markets rules, following finalisation of the new UK Listing Rules (UKLR) which came into force o ...

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Oct 1, 2024 |

AI Round-Up - October 2024

September saw a number of interesting announcements and developments in the field of artificial intelligence which we discuss in this month’s round-up ...

3
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Sep 30, 2024 |

How to ensure your sign-off isn’t more than just goodbye

In the current digital age, there are more ways to sign a document than to simply put pen to paper, but as the number of ways we may sign a document h ...

Aerial view of neighbourhood
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Sep 30, 2024 |

The Renters’ Rights Bill

Over the course of the last few years, there has been much discussion and many mooted changes to the rights and obligations of landlords and tenants o ...

Home under construction
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Sep 30, 2024 |

Labour’s focus on “greyfield” development

One of the focuses of the new government is increasing the number of new homes built in the UK. Whilst this has been a focus for successive governmen ...

Push payment image
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Sep 27, 2024 |

APP Fraud – An Increasing Threat Requiring Increasing Protection

Authorised Push Payment (APP) fraud is now the most common type of financial scam in the UK, and in 2023 alone, APP schemes were estimated to have cau ...

11
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Sep 26, 2024 |

UK Government set to strengthen Online Safety Act to combat non-consensual intimate image sharing

The UK government has announced plans to bolster the Online Safety Act 2023 by elevating the sharing of intimate images without consent to the status ...

13
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Sep 25, 2024 |

Pre-nup Benefits

Divorce lawyers can be escorted from the premises when they suggest that the most valuable wedding gift could be a perfectly drafted pre-nuptial agree ...

9
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Sep 25, 2024 |

Divorce in a recession

Financial worries can unsurprisingly place relationships under strain. In some cases, the pressure may lead to marital anxiety and ultimately the disi ...

4
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Sep 16, 2024 |

Data Centres classified as Critical National Infrastructure: implications for the industry

The government has taken a significant step in recognising the vital role of data centres in the UK’s digital economy by classifying them as Critical ...

10 2
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Sep 13, 2024 |

Policyholders welcome Court of Appeal’s latest ruling on “at the premises” business interruption clauses

In the latest case examining how business interruption (BI) insurance policies respond to losses relating to the Covid pandemic, the Court of Appeal h ...

17
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Sep 10, 2024 |

Al Thani v Al Thani: Will the landscape of wealth planning be turned upside down?

Spoiler alert: we expect not… An appeal has made it all the way up to the Privy Council from the BVI Courts regarding the ruling family in Qatar. Fl ...

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Sep 9, 2024 |

Changes to the taxation of UK residents

A great deal has been written about the proposed abolition of the concept of “domicile” as a determinant of a person’s UK tax profile. We have set o ...

12
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Sep 3, 2024 |

AI Round-up - September 2024

As we settle back into our desks this September, refreshed from our summer adventures, the world of AI has been buzzing with activity. This month’s ro ...

2
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Aug 8, 2024 |

Big Money Divorces: The era of Private Equity and Venture Capital

Advisors and lawyers now have clients in the era of private equity and venture capital "big money" divorces. The quirks of the ways in which these ass ...

6
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Aug 8, 2024 |

Privy Council revisits the boundary between insolvency and arbitration

In a recent decision, the Privy Council has taken a robust approach in winding up situations where the underlying unpaid debt is subject to an arbitra ...

26
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Jul 30, 2024 |

Getting ready for the European Union's new Cyber Resilience Act

The recent global IT outage caused by CrowdStrike's Falcon Sensor software update has put cybersecurity in the spotlight. CrowdStrike, a company whose ...

4
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Jul 24, 2024 |

Unpacking England’s new NHS Provider Selection Regime

The NHS Provider Selection Regime (PSR) came into force on 1 January 2024 under the Health and Care Act 2022, representing a significant shift in how ...

5 1
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Jul 23, 2024 |

FCA publishes final UK Listing Rules

Introduction On 11 July 2024, the FCA published its final UK Listing Rules (UKLR). This follows the consultation launched in May 2023 on the proposed ...

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Jul 23, 2024 |

Fladgate Rankings In Chambers High Net Worth Guide 2024

Lawyers in the Fladgate Private Wealth team are celebrating the announcement of the 2024 rankings in Chambers High Net Worth Guide. This year saw Fla ...

11
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Jul 15, 2024 |

Timetable announcement: the EU’s AI Act will enter into force on 1 August 2024

Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and am ...

29
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Jul 8, 2024 |

Atos’ continuing financial troubles shines light on outsourcing

Atos, a major IT services provider, is facing significant financial challenges that raise concerns about its ability to fulfil existing contracts, par ...

28
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Jul 4, 2024 |

Distress in the green energy sector

While many people see green energy as the only sensible way to generate power, there are many financial challenges facing the sector. Sam Tye, Fladg ...

AI
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Jul 4, 2024 |

AI Round-Up – July 2024

London Tech Week 2024 saw more than 25,000 visitors over 10-12 June at the event’s new venue at Olympia in Kensington, and with a large number of frin ...

29
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Jul 4, 2024 |

Accelerating the Electrification of the UK with Zouk Capital LLP

We’ve been advising Zouk Capital LLP for over a decade; supporting them, wherever we can, on their mission to invest in the sustainable economy. Zouk ...

64
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Jun 27, 2024 |

ECB Guide on outsourcing cloud services

The European Central Bank (ECB) is the central bank for the euro area, responsible for managing the euro currency and framing and implementing the mon ...

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Jun 24, 2024 |

Aspects of privilege: the scope of legal professional privilege, the iniquity exception, and circumstances where privilege is unexpectedly lost

On 5 June 2024, Nicholas Trompter KC and Simon McLoughlin of Selborne Chambers, Joel Seager and Rosalind Hetherington of Fladgate LLP and Aakash Brahm ...

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Jun 21, 2024 |

DORA: A new era of Digital Operational Resilience for Financial Services approaches

DORA: A new era of Digital Operational Resilience for Financial Services approaches - What should financial services firms and their ICT providers do ...

19
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Jun 18, 2024 |

RAND Europe - examining the landscape of tools for trustworthy AI

RAND Europe, part of the RAND Corporation, a global policy think tank headquartered in the United States, conducts policy analysis and research to imp ...

13
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Jun 14, 2024 |

London Tech Week Top Takeaways: Healthier Futures

London Tech Week 2024 offers a forum for innovators, investors, tech enterprise leaders and visionary entrepreneurs to meet, showcase cutting-edge tec ...

17
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Jun 13, 2024 |

London Tech Week Top Takeaways: Empowering Entrepreneurship in the UK

The United Kingdom has long been a fertile ground for innovation and business growth, providing an environment where entrepreneurship thrives. With it ...

6
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Jun 13, 2024 |

London Tech Week Top Takeaways: Green Innovation & Sustainability

London Tech Week 2024, the UK's flagship tech event, is set to be a platform for showcasing the latest advancements in green innovation and sustainabl ...

AI in medical healthcare
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Jun 12, 2024 |

London Tech Week Top Takeaways: The Future of Security and Data

As technology continues to advance at an exponential rate, the issues surrounding security and privacy of data have never been more critical. London T ...

LTW Social Content
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Jun 11, 2024 |

London Tech Week 2024: The Rise and Rise of AI

London Tech Week will bring together visionaries, entrepreneurs, investors and tech leaders to explore the latest innovations and trends shaping the f ...

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Jun 5, 2024 |

AI Round-Up - June 2024

It has been another eventful month in the world of artificial intelligence! As the EU gave its final stamp of approval to the ground-breaking AI Act, ...

16
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Jun 4, 2024 |

M&A Trend Tracker: Fourth Edition

We have published the Fourth Edition of our M&A Trend Analysis This report dives into data from M&A deals we advised on throughout 2022 and 2023 ...

AI Tech
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May 15, 2024 |

What Stanford University’s 2024 AI Index Report tells us about the current state of AI

Stanford University’s Institute for Human-Centered Artificial Intelligence (Stanford HAI) launched in 2019 with a mission to advance AI research, educ ...

Crypto 2
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May 2, 2024 |

AI Round-up - May 2024

There has been a flurry of AI-related announcements from UK government bodies and regulators recently, the most noteworthy of which are summarised bel ...

Quarter day socials 21
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May 1, 2024 |

Is this the end of using Part 8 to avoid Adjudication Enforcement?

In TClarke Contracting Ltd v Bell Build Ltd the Technology and Construction Court (TCC) has provided further guidance on when use of the Part 8 proced ...

Digital Operational Resilience
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Apr 30, 2024 |

Digital Operational Resilience Act: Introducing Fladgate’s DORA Readiness Team

The EU Digital Operational Resilience Act The EU's Digital Operational Resilience Act (DORA) came into force on 16 January 2023, ushering in a new er ...

10
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Apr 29, 2024 |

Changes to the Family Procedure Rules to encourage Non Court Dispute Resolution

Today, 29 April 2024, significant changes to the Family Procedure Rules (FPR) are coming into effect which enhance the court’s powers in relation to ‘ ...

Pink Ball Maze
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Apr 26, 2024 |

Takeover Panel proposes significant narrowing of the Takeover Code

On 24 April 2024, the Takeover Panel released a consultation paper (PCP 2024/1) proposing a significant narrowing of the companies to which the Takeov ...

19
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Apr 22, 2024 |

Responsible AI in Recruitment

The UK government has released comprehensive guidance on the responsible use of Artificial Intelligence (AI) in the recruitment process. The guidance ...

12
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Apr 11, 2024 |

Time’s up – changes to planning enforcement time limits

Last year’s Levelling Up and Regeneration Act 2023 contained provisions to allow changes to be made to the time limits for enforcement of certain plan ...

Technology
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Apr 11, 2024 |

The UK ranks 4th in the Artificial Intelligence and Democratic Values Index 2023, published by The Center for AI and Digital Policy

Introduction On 4 April 2024, the Center for AI and Digital Policy (CAIDP) published its 2023 AI Index, covering 80 countries. The report reviews cou ...

4
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Apr 10, 2024 |

Holding against development

In Sainsbury’s Supermarkets Ltd v Medley Assets Ltd, the tenant deployed novel tactics to successfully defeat its landlord’s redevelopment plans and s ...

11
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Apr 10, 2024 |

M&S wins High Court battle over flagship store

In a landmark verdict, the High Court has ruled that the government’s decision to block Marks & Spencer’s (M&S) plans for the redevelopment of its Mar ...

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Apr 2, 2024 |

HSBC Innovation Banking: Venture Capital Term Sheet Guide 2024

The latest edition of HSBC Innovation Banking's annual Venture Capital Term Sheet Guide explores the key terms and clauses of 426 final, signed term s ...

64
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Mar 27, 2024 |

2024 Budget - Crack down on empty rates

Business rates on empty properties is a double jeopardy for landlords: not only are they deprived of rent, but the rates burden passes to them. Change ...

2
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Mar 26, 2024 |

Goldman Prosecution delivers a clear sign of FCA strength

The recent successful prosecution of Mohammed Zina, a former analyst at Goldman Sachs International, is a useful reminder of the Financial Conduct Aut ...

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Mar 26, 2024 |

Sharing or Parting, Occupation or Possession – an easy guide to a confusing clause

What can a landlord do when someone else than the tenant’s occupies the premises without the landlord’s agreement to it? Forfeiture and Waiver One o ...

Architecture dynamic 3
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Mar 25, 2024 |

The JCT Design and Build 2024 Edition

The JCT have announced, that their Design & Build suite of documents is being reissued on 17 April 2024. These are available to pre-order now, and a t ...

Technology
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Mar 25, 2024 |

The Digital Age of Real Estate

We are in the midst of a “Proptech” revolution. We all use artificial intelligence (AI) in our everyday lives: most of us have an Alexa, many now ha ...

Microsoft Teams image 7
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Mar 22, 2024 |

Procurement Act 2023 | New Procurement Rules will come into effect in the UK from October 2024

Public procurement is set for a huge shake-up later this year, with a significant simplification of the EU public procurement and utilities procuremen ...

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Mar 21, 2024 |

Permitted Development update - Class MA (Commercial to Residential) restrictions removed

Significant changes to existing permitted development rights have come into force on 5th March 2024, in particular, removing two key qualifications un ...

Construction 3
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Mar 15, 2024 |

FES Ltd v HFD Construction Group Ltd

The Court of Session in Scotland has recently provided welcome guidance on a issue which regularly causes disputes between Employers, Contractors and ...

Construction 2
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Mar 13, 2024 | 5 minute read

Housebuilder Construction Disputes, What can we learn from Bellway Homes Ltd v Surgo Construction?

The nature of interim payment disputes continues to evolve. Most recently, in a case before the Technology and Construction Court (TCC), Bellway Homes ...

Green energy series posts 4
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Mar 12, 2024 |

Green energy predictions: Renewables in 2024

As in 2023, we expect to continue seeing the aggregation of operational renewable generation assets by parties looking to hold them over the longer te ...

27
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Mar 11, 2024 |

UK Smart meter rollout – missed opportunities

Despite ambitious Government targets and their importance to the UK’s transition to Net-Zero, the UK's smart meter rollout continues to face hurdles. ...

Green energy series posts
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Mar 6, 2024 |

Green energy predictions: EV charging infrastructure in 2024

Although the rate of private buyer registration of new battery electric vehicles (BEVs) in the UK is reported to have slowed recently, we expect that ...

65
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Mar 5, 2024 | 5 minute read

Does your arbitration clause function as intended? The importance of specifying the governing law of an arbitration agreement

In Unicredit Bank GmbH v Ruschemalliance LLC [2024] EWCA Civ 64, the Court of Appeal provided important guidance in determining the governing law of a ...

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Mar 1, 2024 |

From Inception To Exit: Fladgate & BeyondPlay

We’ve been a part of the BeyondPlay journey since the company’s incorporation in 2020, working closely with their founder Karolina and her team on two ...

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Mar 1, 2024 |

Green energy predictions: battery storage

As the energy storage market continues to grow rapidly, 2024 is expected to be another busy year for battery storage globally. Developer and investor ...

18
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Mar 1, 2024 |

Green energy predictions: clean energy, technology and AI

The adoption of clean energy technologies like electric vehicles, solar power, and smart grids will continue to accelerate through 2024 and beyond. Ke ...

AI in medical healthcare
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Feb 13, 2024 |

AI as a medical device in the UK: a primer

Introduction Artificial intelligence (AI) is transforming healthcare and medical technology. In the UK, there is significant interest and investment ...

18
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Feb 8, 2024 |

WeWork: are US company lease guarantees worth the paper they are written on?

Proceedings have been issued to forfeit WeWork’s lease in York Road on London’s Southbank. The proceedings may take some time to work through court, b ...

5
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Feb 7, 2024 |

Companies House make changes under the Economic Crime and Corporate Transparency Act 2023: what do you need to know?

Companies House is aiming to bring in the first set of changes under the Economic Crime and Corporate Transparency Act 2023 on 4 March 2024. These ch ...

Corporate Deals Overview 2023
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Feb 5, 2024 |

Corporate Deals Overview 2023

In what was a challenging year for transactional work, Fladgate's Corporate and Commercial teams supported the firm's clients in many deals acros ...

Colourful Puzzle
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Jan 31, 2024 |

The EU’s new Artificial Intelligence Act: what steps should businesses take to prepare for the new regulations?

Introduction The European Union has proposed pioneering new rules to govern artificial intelligence (AI) systems and build trust in human-centric tec ...

1
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Jan 25, 2024 |

Top 5 insolvency & restructuring predictions: Venture capital for turnarounds

The UK, along with many other countries, sees fast growing tech businesses as a cure for many economic problems. A key ingredient for the success of t ...

11
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Jan 25, 2024 |

Top 5 insolvency & restructuring predictions: Re-balancing the property market

There have been a series of major shifts in the commercial property market over recent years. The pandemic accelerated changes to office use as flexib ...

44
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Jan 25, 2024 |

Top 5 insolvency & restructuring predictions: The year that bounceback bites back

During the pandemic, the government rolled out a series of life rafts for businesses. These included easy and cheap loans through the bounceback; CBIL ...

4
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Jan 25, 2024 |

Top 5 insolvency & restructuring predictions: Big government is here to stay

2020 was a watershed in many ways. One change was the massive increase in government spending to pull the economy through the pandemic. The furlough s ...

51
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Jan 25, 2024 |

Top 5 insolvency & restructuring predictions: Increased deal activity

To the surprise of many practitioners in the sector, purchasing of distressed assets from administrators and insolvency office holders was muted in 20 ...

Article HMO Far reaching consequences of the legislation
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Jan 19, 2024 |

HMO – Far reaching consequences of the legislation

HMO legislation was introduced on the premise that it should ensure that residential accommodation within the private rented sector was good quality, ...

Article image breaking case update
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Jan 19, 2024 |

A Breaking Case Update

Unopposed lease renewals under the Landlord and Tenant Act 1954 (the “1954 Act”) don’t often make it to trial. It has therefore been an interesting ye ...

Article image modfication of restrictive covenants
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Jan 19, 2024 |

Modification of restrictive covenants – Tribunal reluctant to interfere

The Upper Tribunal has shown its reluctance to interfere with the rights of local authorities in Great Jackson Street Estates Ltd v Manchester City Co ...

Article image concerns over breach of loan to value covenants
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Jan 19, 2024 |

Concerns over breach of loan to value covenants

Following the liquidity issues of SVB and Credit Suisse that were reported in early 2023, we noticed a sudden increase in clients’ concerns about bein ...

Architecture 3
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Jan 11, 2024 |

The FCA publishes detailed proposals on the UK’s new listing regime

Introduction On 20 December 2023, the FCA published a consultation paper (CP23/31), with detailed proposals on the UK’s new listing regime. This foll ...

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Dec 11, 2023 | 5 minute read

Construction Costs - Pay upfront and Argue Later?

The Technology and Construction Court (TCC) recently handed down the latest guidance on the implications of the decision in S&T (UK) Limited v Grove D ...

Pink Ball Maze
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Dec 11, 2023 |

Changes to the Takeover Code – December 2023

A number of amendments to the Takeover Code (Code) come into effect today. These amendments follow a public consultation released in May 2023 by the T ...

14
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Dec 6, 2023 |

UK Adopts New ISSB Sustainability Disclosure Standards

The UK government has announced plans to adopt the International Sustainability Standards Board (ISSB) sustainable disclosure standards. This move aim ...

19
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Dec 6, 2023 |

King’s Speech 2023: Energy Security and Net Zero

The King’s Speech delivered on 7 November 2023 set out the Government’s plans to introduce legislation to strengthen the UK’s energy security and note ...

4
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Dec 6, 2023 |

Enhancing EV Charging Reliability: A Summary of the UK's 2023 Public Charge Point Regulations

The electric vehicle (EV) revolution continues to gain momentum, and in the UK, the government has set ambitious targets for EV adoption (albeit such ...

20
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Dec 6, 2023 |

Key Focus Areas of the Energy Act 2023

The Energy Act 2023 (the “Act”) came into force on 26 October 2023. The UK government described the Act as the biggest piece of energy legislation in ...

Copy of Quote Insight Templates for social 2022 Linked In Post 1
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Nov 30, 2023 |

Flying home for Christmas? Factors to consider when planning your festive holiday

The UK is home to many families with links to jurisdictions all over the globe. Balancing child arrangements is often a compromise, but during the fes ...

ARP231127 Fladgate Hi Res 01
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Nov 28, 2023 |

Fladgate further expands its Private Wealth & Disputes offerings with the hire of Family Law Partners Catherine Costley and Joshua Moger

We're delighted to announce the appointment of Catherine Costley and Joshua Moger as Partners in our Family Law team. This takes the Family Law team t ...

17
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Nov 22, 2023 |

Part III claims following an overseas divorce, a second bite of the cherry?

It is a cliché to say that London is the divorce capital of the world, nevertheless it remains the case that wealthy, international families often eng ...

Article Cover Photo
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Nov 1, 2023 |

Navigating the Path to Sustainable Financing: Exploring the Green and Sustainability-linked Loan Markets

As the world faces pressing environmental challenges, the need for sustainable practices has become more apparent than ever. In response, financial in ...

6
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Oct 24, 2023 |

The Renters Reform Bill: What you Need to Know

Update:  The Renters Reform Bill had its second reading in Parliament on Monday 23 October. The Government pulled short on having a vote on the ...

Online shopping
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Oct 17, 2023 |

The boom and bust of Amazon aggregation: what happens next?

2020 and 2021 were the years of the Amazon aggregation gold rush. More than 100 Amazon aggregators publicly raised over USD 16 billion (and there was ...

Rows of books
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Oct 10, 2023 |

Law Commission’s key proposed reforms to the Arbitration Act 1996

The Law Commission has concluded its review of the Arbitration Act 1996 and published its final report, which sets out its proposed reforms to the Act ...

Building Rows Of Windows On Corner
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Oct 2, 2023 | 5 minute read

What should you do when a tenant tries to forfeit its own lease?

When navigating the complex world of property management, landlords and their managing agents must always remain vigilant, especially when dealing wit ...

32
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Sep 28, 2023 |

Collapse of Wilko – A Case Study in Tenant Insolvency

Wilko is disappearing from the high street after 93 years of trading. There are various reasons for the demise of the high street giant, but this arti ...

18
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Sep 28, 2023 |

The Proceeds of Crime – a cautionary tale for landlords

A case this summer in the Manchester Crown Court has understandably caused some consternation amongst landlords. The tenant of the Dubai Café with pe ...

Aerial view of neighbourhood JPEG
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Sep 22, 2023 |

Has my Option Period expired? A cautionary tale

Halloween is still over a month away but to get developers into the spirit early, here is a cautionary tale… This concerns the recent High Court deci ...

Building rows of windows on corner
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Sep 19, 2023 |

Concrete: the new cladding crisis. Will insurers foot the bill?

Concrete: the new cladding crisis. Will insurers foot the bill? Unhappily coinciding with the start of the school year, reinforced autoclaved aerated ...

People collaborating desk 2
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Sep 18, 2023 |

Future Fund Redemption Penalty Need Not Be The End of the Line

During the pandemic period, the UK government (through the British Business Bank) agreed to match funding of up to £5m for appropriate innovative busi ...

People Talking With Coffee Cup
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Sep 15, 2023 |

Consultation on the Future of Insolvency Regulation

The government has, today, published its long-awaited response to its consultation on the Future of Insolvency Regulation. The consultation covered ...

AI image
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Sep 14, 2023 |

Financier Worldwide: Impact of the EU Artificial Intelligence Act

AI is rapidly transforming our world and being adopted across a wide range of industries, from healthcare to transportation to finance. It’s estimated ...

Yellow Maze
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Aug 16, 2023 |

Khepri Limited - a new dawn

Following a tumultuous period within the MJ Hudson group, a multi-disciplinary asset management services provider, we assisted Khepri Limited on its a ...

18
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Jul 25, 2023 |

A guide to Business Lasting Powers of Attorney

What is a Business LPA? A Lasting Power of Attorney (LPA) is a legal document which gives someone else the authority to deal with your affairs and ma ...

Copy of Deal Release Template 2 27
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Jul 19, 2023 |

Fladgate & Nickleby Capital

Fladgate recently played a pivotal role in guiding Nickleby Capital, the lead investor in Seat Unique's £7m Series A round. This transaction is exempl ...

16
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Jun 29, 2023 |

Arbitration Act 1996: controversial challenges and (r)evolutionary reform

Statistics from the Commercial Court Report 2021-22, published in March 2023 (the report), demonstrate that the court is maintaining its non-intervent ...

Genes
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Jun 28, 2023 |

Arbitration trends in the global life sciences sector

Senior Associate Harriet Chopra comments in relation to arbitration trends in the global life sciences sector, in a CDR News feature. Harriet’s comme ...

Genetic code
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Jun 28, 2023 |

Life sciences arbitration trends

The life sciences industry is seeing huge growth right now. The sector was already booming prior to COVID-19, but there can be no doubt that the pande ...

4
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Jun 28, 2023 |

Alstom Arb. Case Shows 3 Approaches To Corruption Claims

There has been much debate in recent years about the difficulties of proving corruption in international arbitration. How should corruption be defined ...

23
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Jun 28, 2023 |

Japanese knotweed: still a knotty problem

Japanese knotweed, which we have written about here before, continues to cause problems for landowners. It is notoriously difficult to remove from a ...

21
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Jun 28, 2023 |

Business Lease Renewal Reform

The Law Commission of England and Wales is to review this year the Landlord and Tenant Act 1954, which grants business tenants security of tenure when ...

32
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Jun 28, 2023 |

A quick break: The case of B&M Retail v HSBC Bank Pension Trust (UK) Ltd

The recent case of B&M Retail v HSBC Bank Pension Trust (HH Judge Saunders) has demonstrated the court’s reluctance to hinder a landlord’s redevelopme ...

9
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Jun 20, 2023 |

Defeat is optional…choose your challenge carefully!

In this article, we consider the key arbitration statistics contained in the recent English Commercial Court (“Court”) Report for the year 2021 - 2022 ...

Architecture 2
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Jun 14, 2023 |

UK SPACs – where are we now?

Introduction In the last few weeks, Fladgate’s capital markets team has advised on the Standard listing of two cash shells (or Special Purpose Acquis ...

20
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Jun 7, 2023 |

The Role of Lawyers in Achieving the Transition to Net Zero

Managing our impact on the environment could scarcely be more important. Businesses and individuals alike have a role to play in the drive towards ach ...

Mobile gaming
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Jun 1, 2023 |

Playing to win with Tripledot

We were bursting with pride to see our client Tripledot Studios named the number one fastest growing company in Europe by the Financial Times. The mo ...

Colourful Puzzle
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May 23, 2023 |

The FCA proposes a significant reform to the UK listing regime

Introduction On 3 May 2023, the Financial Conduct Authority (FCA) published a consultation paper seeking views on a proposed reform to the UK listi ...

Bridge 002
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May 18, 2023 |

M&A Trend Tracker: Third Edition

We are delighted to publish the third edition of our M&A trend tracker. This publication analyses data from a broad sample of M&A transactions on whi ...

Architecture 3
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May 16, 2023 |

Changes to the Takeover Code

Over the last few months, a number of amendments have been made to the Takeover Code (Code). Many of the changes clarified existing Takeover Panel (Pa ...

People Working 1
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Apr 26, 2023 | 2 minute read

Delivering Quickly For Ocado

Ocado was the first to use technology to revolutionise grocery shopping and it continues to innovate with newest brand Zoom by Ocado, tapping into the ...

Coloured window frames
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Apr 24, 2023 | 3 minute read

Construction and Hospitality shortage review by the Migration Advisory Committee (MAC)

The Migration Advisory Committee (MAC) was commissioned to review the Shortage Occupation List (SOL) in August 2022 and in March 2023 to expedite the ...

66
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Mar 21, 2023 |

A different point of view - Fern and others v Board of Trustees of the Tate Gallery

The Supreme Court has decided by a majority of 3:2 in Fern and others v Board of Trustees of the Tate Gallery that the public viewing gallery on the 1 ...

Rows of building windows
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Mar 17, 2023 |

Minimum energy efficiency: action required

From 1 April 2023, commercial landlords risk being fined if their property is “substandard” (i.e. it has an EPC rating of “F” or “G”). It has been an ...

Steps to Bank of England
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Mar 14, 2023 |

Lessons to learn from Silicon Valley Bank Rescue

The Silicon Valley Bank (SVB) UK rescue over the weekend gave a dramatic warning of the continuing risks for businesses in an uncertain world eco ...

People writing
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Mar 7, 2023 |

Work Matters: Marital Status

The Employment Appeal Tribunal (EAT) has confirmed in the case of Ellis v Bacon that to succeed in a claim for discrimination based on marital status, ...

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Mar 7, 2023 |

Green Energy Predictions: Will the energy challenges of 2022 drive smart meter adoption?

2022 was a punishing year for households and businesses on a number of fronts, as the UK navigated its way through a severe inflationary crisis. One ...

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Mar 2, 2023 |

Countering the counterfeiters: EUIPO/OECD report highlights particular counterfeiting threat to SMEs

A recent report entitled “Risks of Illicit Trade in Counterfeits to Small and Medium-Sized Firms” co-published by the European Intellectual Property O ...

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Mar 2, 2023 |

Oxford University’s IP provisions under the microscope: Oxford University Innovation v Oxford Nanoimaging Limited [2022]

Introduction In the recent decision of the UK Patents Court in Oxford University Innovation v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat), the ...

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Feb 27, 2023 |

Corporate Deals Overview 2022

Fladgate's Corporate team supported the firm's clients on numerous transactions throughout 2022 across a wide range of sectors and geographies. Our s ...

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Feb 17, 2023 |

Green Energy Predictions: Renewables in 2023

As in 2022, we expect to continue seeing the aggregation of operational renewable generation assets by parties looking to hold them over the longer te ...

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Feb 17, 2023 |

Green Energy Predictions: EV Charging Infrastructure in 2023

The rate of adoption of electric vehicles continued to increase in 2022, such that, as reported by The Society of Motor Manufacturers and Traders, by ...

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Feb 17, 2023 |

Green Energy Predictions: Utility Scale Battery Storage in 2023

At the start of 2022, we predicted that there would be a material increase in the number of utility scale battery storage assets being constructed wit ...

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Feb 17, 2023 |

Green Energy Predictions: The Net Zero Transition in 2023

With the massive injection provided by the Inflation Reduction Act, 2023 will mark the start of the “prime time” of rapid growth for electric vehicles ...

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Feb 16, 2023 |

A Discretionary Tale

Variable service charge provisions are common in residential long leases to enable reapportionment. In Aviva Investors’ Ground Rents v Williams, the S ...

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Feb 13, 2023 |

Work Matters: Without Prejudice

The Employment Appeal Tribunal (EAT) confirmed in Garrod v Riverstone Management Ltd that a settlement offer put forward by the employer was protected ...

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Feb 13, 2023 |

A Certifiable Decision

The Supreme Court has handed down its decision in Sara Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2. In 2018, following the e ...

Expertise Imagery Refresh 1
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Jan 31, 2023 |

Work Matters: The Vanishing Dismissal

The Employment Appeal Tribunal (EAT) has confirmed in Marangakis v Iceland Foods Ltd that if an employee successfully appeals against their dismissal, ...

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Jan 20, 2023 |

Zapping to the next level

Having advised Zappi on its early stage investment by Prime Venture, it was exciting to support them on a significant $170m investment from funds advi ...

Steps to Bank of England
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Jan 16, 2023 |

Work Matters: an update on the reforms proposed to the statutory flexible working regime

The Government wants to build a ‘world class approach’ to flexible working and has announced various changes to the current statutory procedure as a r ...

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Jan 9, 2023 |

Overage: Planning for the Future

Are you wanting or needing to sell your property but are concerned that the value of the property might increase significantly in the future if the bu ...

City buildings
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Jan 9, 2023 |

Opting to tax…just got a little less taxing (but a bit less certain)!

As many of you will know, dealing with HMRC can be frustrating at times, usually because of the long delays experienced and the difficulty in contacti ...

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Jan 6, 2023 |

Insolvency and Forfeiture – A gentle reminder for hard times to come

As the cost of living crisis increases and a long recession looms, there will be tough trading conditions and many landlords will need to consider how ...

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Jan 6, 2023 |

Hush – the sound of some relief for tenants

Many of our readers will have been involved in conversations and negotiations over the huge wave of rent arrears that inevitably built up in the wake ...

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Jan 5, 2023 |

Key takeaways from COP27

COP27 was once again a mixed bag, with some positive headline steps taken, but plenty of devil left in the detail around implementation and the usua ...

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Jan 5, 2023 |

UK Councils set to double EV charge points

Councils in the UK are set to install more than 16,500 EV charge points during 2023, according to data from British Gas. There are, however, some di ...

Row Of House With Solar Panels On Roof
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Jan 5, 2023 |

Energy crisis – addressing rising costs and security concerns

The UK government announced additional measures in the latter half of December 2022 in an attempt to alleviate the ongoing cost of energy crises. Th ...

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Jan 5, 2023 |

Planning regime changes relating to onshore wind

The UK Government recently announced its intention to relax the ban that has effectively been in place in respect of the development of new onshore wi ...

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Dec 16, 2022 |

Recent Claims: Trustees (& Others) Take Note!

Several important and interesting private wealth disputes claims have been decided recently: 1. Equity Trust v Halabi – Ranking of creditors of insol ...

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Dec 15, 2022 |

Personal Data Transfers from the UK/EU: update and deadlines to be aware of

There are some updates for any business that holds personal data subject to the GDPR in the UK or EU and which exports the data to countries outside t ...

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Dec 15, 2022 | 4 minute read

Tapping Into Trade Credit Insurance – Top Tips For Policyholders

Trade credit insurance has been long touted as a useful tool for businesses to protect themselves against non-payment of commercial debt. Under such p ...

Genes
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Dec 13, 2022 |

European Health Data Space (EHDS) update: what this means for pharmaceutical and biotech companies

The proposed EHDS Regulation, introduced in May 2022 by the European Commission (EC), aims to reform the existing fragmented European healthcare syste ...

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Dec 9, 2022 |

Work Matters: Settlement agreements and future claims

The EAT in Bathgate v Technip UK Ltd and others has confirmed that unknown future statutory claims cannot be validly settled via a settlement agreemen ...

Steps to Bank of England
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Dec 9, 2022 |

Work Matters: Redundancy - consultation, selection criteria and a pool of one

In Mogane v Bradford Teaching Hospitals NHS Foundation Trust, the EAT held that the employer’s arbitrary use of a single selection criterion had led t ...

Yellow Maze
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Dec 7, 2022 |

The EU’s new AI Act – how it will affect developers and operators of AI systems

The European Union’s new Regulation laying down harmonised rules on Artificial Intelligence[1] (the Artificial Intelligence Act) has finally been ado ...

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Dec 2, 2022 | 1 minute read

Serviced Offices – The End Of Business Rate Relief?

With most employers now allowing a flexible working regime, serviced offices have become an increasingly popular office-based solution for businesses ...

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Nov 30, 2022 | 2 minute read

Mastercard loses appeal to exclude 3 million deceased claimants

In a claim valued at c.£14 billion, Mastercard has lost the latest hearing in the long running consumer action brought by Walter Merricks on behalf of ...

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Nov 28, 2022 | 4 minute read

The New EU AI Liability Directive: What Developers & Operators Of AI Systems Need To Know

The European Commission published its proposal for an AI Liability Directive[1] on 28 September 2022. Part of a package of new rules which will chang ...

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Nov 22, 2022 | 4 minute read

Managing Inflation in Commercial Contracts – What You Need to Know

With UK inflation rates at a 40 year high, cost containment is high on the CFO’s agenda. As a result, when approaching new contracts for the supply of ...

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Nov 16, 2022 |

Work Matters: Legal professional privilege does not apply retrospectively

The EAT in University of Dundee v Chakraborty held that an original grievance investigation report should be disclosed as part of ET proceedings. The ...

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Nov 16, 2022 |

Work Matters: Support for football club not a protected philosophical belief

The ET in McClung v Doosan Babcock Ltd held that the claimant’s lifelong support for a football club (in this case, Glasgow Rangers) was not a protect ...

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Nov 11, 2022 | 8 minute read

The diversity problem in Arbitration

The English Arbitration Act 1996 saw its 25th anniversary in January of this year. Arbitration as a dispute resolution method has grown rapidly in rec ...

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Nov 9, 2022 |

New ‘Energy Prices Bill’ presents challenges for renewable energy providers

The UK government has introduced the new ‘Energy Prices Bill’ with the aim of combating soaring energy prices; helping households and businesses this ...

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Nov 9, 2022 | 2 minute read

Greater Manchester becomes the first region in England to produce and adopt Local Area Energy Plans (LAEPs) with a goal to go carbon neutral by 2038

Greater Manchester Combined Authority has adopted eleven LAEPs: one for the overall area and one for each district of Greater Manchester as part of it ...

Architecture
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Nov 9, 2022 | 4 minute read

How to achieve a smooth handback process on PFI projects

Many Private Finance Initiative (PFI) projects that were entered into at the end of the 1990s and in the early 2000s are now coming to the end of thei ...

Architecture dynamic 3
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Oct 26, 2022 |

Work Matters: ‘Gender-critical’ beliefs are protected but must be balanced against the rights of others

The EAT in Mackereth v (1) DWP (2) Advanced Personnel Management Group (UK) has confirmed that gender critical beliefs (that a person cannot change th ...

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Oct 26, 2022 |

Work Matters: Whistleblowing - employee’s conduct can be separated from their disclosure

The CA in Kong v Gulf International Bank (UK) Ltd confirmed that when deciding on the principal reason for dismissal in a whistleblowing claim, the co ...

Architecture 3
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Oct 24, 2022 |

Stonegate stonewalled as High Court rules on treatment of furlough and business rate relief in BI claims

On 17 October, the honourable Mr Justice Butcher handed down the eagerly anticipated judgment in Stonegate Pub Company Limited v MS Amlin Corporate M ...

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Oct 18, 2022 |

Classifying digital assets as property – does the law have it right?

Crypto assets are a novel (but at times very valuable) class of assets, occupying a space where the law is playing catch up. A recent report from the ...

Architecture dynamic 2
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Oct 13, 2022 |

Family investment companies – more attractive than ever?

A Family Investment Company (FIC) continues to be a popular choice of an investment vehicle for many families. Many FICs have been set up and are many ...

Cash
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Sep 26, 2022 |

Arbitration and the Commercial Rent (Coronavirus) Act 2022

What happens after 23 September 2022? The moratorium period under the Commercial Rent (Coronavirus) Act 2022 (“the Act”), which restricted many of la ...

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Sep 26, 2022 |

The rise of rights of light ambulance chasers

A new type of player has entered the real estate development sector over the last year or so – rights of light ambulance chasers. This is having a sig ...

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Sep 26, 2022 |

The Building Safety Act 2022 - Who's paying to make buildings safe?

The long awaited Building Safety Act was given Royal Assent on 28 April 2022, almost five years after the Grenfell tragedy which prompted a complete r ...

Hotel Windows
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Sep 26, 2022 | 2 minute read

Register of Overseas Entities: ready or not?

Companies registered outside the UK but who are legal owners of UK land have started to receive letters from the UK’s Companies House, warning them of ...

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Sep 23, 2022 | 3 minute read

Global Wind Energy Council’s five point plan to tackle energy and climate crises

The Global Wind Energy Council (GWEC) has published a five point action plan for policymakers to address the current global energy and climate change ...

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Sep 23, 2022 | 3 minute read

UK drivers' desire for EVs hampered by misconceptions around costs

Data collected by Centrica’s Hive has revealed that 54% of UK drivers want to switch to an electric vehicle (EV) within the next 5 years, ahead of the ...

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Sep 22, 2022 | 3 minute read

The 2022 Energy Price Guarantee

The new energy price caps announced by the government in September (the Energy Price Guarantee) will represent welcome relief for both households and ...

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Sep 21, 2022 | 10 minute read

The Economic Crime Act 2022: Do you know the risks?

The Economic Crime (Transparency and Enforcement) Act 2022 (“ECTEA”) was expedited into law as a result of the Russia/Ukraine conflict to “crack down” ...

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Sep 15, 2022 | 8 minute read

Work Matters: Age discrimination and calculating loss

The Employment Appeal Tribune ('EAT') in Citibank NA v Kirk said that: a) a marginal age gap between a claimant and their comparator is not fatal ...

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Sep 15, 2022 | 8 minute read

Work Matters: Holiday pay for part-year workers

The Supreme Court ('SC') in Harpur Trust v Brazel has discredited the commonly used method of calculating holiday pay for part year workers at the rat ...

Architecture 2
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Aug 16, 2022 | 1 minute read

TRUST REGISTRATION SERVICE (TRS): there is still time to act

The TRS is a register of the beneficial ownership of trusts. Responsibility for registering a trust on the TRS lies with its trustees, and due to new ...

Mining
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Aug 9, 2022 | 1 minute read

The Energy (Oil and Gas) Profits Levy Bill

Following record high oil and gas prices, the UK Government introduced new legislation which applies a levy on oil and gas companies. The aim of The ...

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Aug 9, 2022 |

UK businesses expanding EV fleets express concern about lack of effective management software

As individual ownership of personal EVs has seen a sharp increase during the last year, the same can be seen with businesses operating with delivery a ...

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Aug 9, 2022 | 5 minute read

The biggest reform to the UK’s energy system in a decade: The Energy Security Bill

The UK Government has introduced new legislation which aims to transform the UK’s energy system and deliver “a cleaner, more affordable and more secur ...

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Aug 5, 2022 | 7 minute read

Work Matters: 'Without prejudice' privilege

Legal Background ‘Without Prejudice’ Privilege ‘Without prejudice privilege’ is the right to withhold certain communications (written or verbal) fro ...

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Aug 5, 2022 | 10 minute read

Work Matters: Restrictive covenants

Legal Background Post-termination restrictive covenants - enforceability Whether a post-termination restrictive covenant in an employee’s contract o ...

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Jul 28, 2022 | 5 minute read

UK Property - Foreign Ownership and Transparency Requirements

In the current economic and political climate, there has been significant pressure on the Government to address the continuing use of opaque foreign c ...

Data servers
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Jul 20, 2022 | 5 minute read

The new critical third party regime: HM Treasury’s proposal for mitigating risks from critical third parties to the finance sector

On June 2022, HM Treasury published its ‘Critical third parties to the finance sector’ Policy Paper[1] in which it describes the trend for financial ...

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Jul 20, 2022 | 7 minute read

TWIG Art's success in jurisdiction challenge

Fladgate has acted for the modern art advisory consultancy, TWIG Art, in a successful application challenging the jurisdiction of the English court to ...

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Jul 14, 2022 | 3 minute read

HR recruitment and selection systems risk discrimination by algorithmic decision-making

AI is an umbrella term for a wide array of models, methods, and prescriptions used to simulate human intelligence, often when it comes to collecting, ...

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Jul 13, 2022 | 2 minute read

Tax planning for US citizens in the UK

The US (unlike most other jurisdictions) taxes its citizens wherever they reside. This means that US citizens living in the UK are potentially subjec ...

Steps to Bank of England
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Jul 7, 2022 |

July 2022 Fladgate LLP Work Matters

Analysis Knightley v Chelsea and Westminster Hospital NHS Trust Legal Background Unfair dismissal For a dismissal to be fair under s.98 of the Emp ...

Architecture 3
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Jul 6, 2022 | 3 minute read

The UK government’s National Security regime in the spotlight

The UK government recently published its first “annual” report into the workings of the National Security and Investment Act (NSIA) covering the first ...

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Jul 6, 2022 | 3 minute read

Impact of National Security regime on VC and PE deals

The UK government recently published its first “annual” report into the workings of the National Security and Investment Act (NSIA) covering the first ...

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Jul 6, 2022 | 3 minute read

EV infrastructure: Top 10 tips for landowners

The UK’s ban on the sale of new petrol and diesel cars and vans by 2030, coupled with the sky-rocketing cost of fuel, means that more and more people ...

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Jul 6, 2022 | 3 minute read

EV fleet transition sees increased cyber risk

When considering the transition to EVs, fleet managers and decision makers need to place more emphasis on cyber security considerations. Energy Trans ...

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Jul 5, 2022 | 5 minute read

For smooth transactions, lawyers and agents must be on the same page

Anthony Dixon, of Allsop’s Land & Development team, and Fladgate’s Gavin Whitney have worked together on several transactions, from the simple disposa ...

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Jun 24, 2022 |

Crypto Fraud: What do you need to know, and how can we help?

The accelerating popularity of cryptocurrency has been fuelled by the global disruption of the COVID-19 pandemic. The ease of accessing the market, to ...

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Jun 23, 2022 |

Section 20 Consultation

The cladding scandal continues to create big issues for leaseholders and landlords alike. While one would hope that most buildings with problematic c ...

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Jun 23, 2022 |

“Levelling-Up”: Rental auctions and considerations for commercial landlords

What is “Levelling-Up”? The government’s proposals to “level-up” the UK were finally unveiled in February 2022, with the Levelling-Up and Regeneratio ...

Steps to Bank of England
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Jun 23, 2022 |

Building Safety Act 2022

On 28 April 2022 the Building Safety Bill, which had been ping-ponging between the House of Lords and the House of Commons for months, finally gained ...

Code
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Jun 23, 2022 |

Rent free on renewal: hypothetical model vs reality

While most unopposed lease renewals under the Landlord & Tenant Act 1954 are resolved by the parties reaching agreement on the terms of the new lease, ...

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Jun 23, 2022 |

Real Estate Litigation: Trends and Predictions

The pandemic has caused an extraordinary period of challenge and adaptation. The impact on the real estate market, and the Government’s move to put in ...

Briefcases
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Jun 7, 2022 | 5 minute read

Work Matters: Indirect discrimination, the PCP and pool for comparison

Analysis Allen v Primark Background Flexible working requests Every employee with at least 26 weeks’ service has the right to ask to work flex ...

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Jun 7, 2022 | 2-5 minute read

Work Matters: Voluntary redundancy and unfair dismissal

Analysis White v HC-One Oval Ltd Background Voluntary redundancy occurs when an employee chooses or applies to be made redundant. This usually ta ...

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May 31, 2022 | 1 minute read

Doing Business in the UK

Our 46 page guide, includes: Setting up a business in the UKCompetition rules and regulationsIntellectual Property Rights in the UKData protectionTax ...

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Apr 29, 2022 | 5 minute read

Work Matters: Litigation - redaction and anonymisation

Analysis Frewer v Google UK Ltd Background During Employment Tribunal proceedings, both parties - the employer and employee - are required to prov ...

Architecture
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Apr 12, 2022 | 3 minute read

M&A trend tracker: Second edition

We are delighted to publish the second edition of our M&A trend tracker (PDF). This publication analyses data from a sample of 20 M&A transacti ...

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Apr 5, 2022 | 3-5 minute read

Green energy: The Outlook for 2022

This paper sets out a number of predictions for the direction of travel in the energy and transport sectors in the coming year, as we continue the tra ...

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Apr 4, 2022 |

Push Payment Fraud – Pushing Liability onto Banks?

Authorised push payment fraud has increased dramatically in recent years. Historically, banks have avoided liability to their customers for facilitati ...

Data servers
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Mar 28, 2022 | 3-5 minute read

Race to net zero: cloud computing and the reduction of carbon emissions

Driven by the promise of reduced cost, improved productivity, and the ability to quickly scale up and down, as well as the growing use of big data ana ...

Data servers
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Mar 24, 2022 | 3-5 minute read

Data Protection: New UK standard contractual clauses (SCCs) for international data transfers

What are SCCs and why are they needed? Under the UK General Data Protection Regulation (GDPR), exporting personal data (PII) outside the UK, EU or ...

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Mar 23, 2022 | 3-5 minute read

Minimum energy efficiency: action required

From 1 April 2023, commercial landlords risk being fined if their property is “substandard” (i.e. it has an EPC rating of “F” or “G”). It has been an ...

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Mar 23, 2022 | 3-5 minute read

Calculating the cost of a Zoom call – the lessons of P&O Ferries’ dismissal of 800 Seafarers

“If you are on this call, you are part of the unlucky group that is being laid off”, uttered the then CEO of Better.com, Vishal Garg, before being lau ...

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Mar 23, 2022 | 5 minute read

War babies: surrogacy and safeguarding in times of conflict

Many harrowing images have emerged from Ukraine in the last few weeks, especially those showing the impact of war on children. A recent picture of 21 ...

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Mar 22, 2022 | 3 minute read

Leasehold Reform – Is there a fair balance?

The storms of February 2022 blew in the arrival of The Leasehold Reform (Ground Rent) Act 2022 (“the 2022 Act”) which received Royal Assent on 8 Febru ...

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Mar 16, 2022 |

Green leases; a step in the right direction for landlords

The great and the good of the global political ecosystem descended on Glasgow late last year for COP 26. Its core aim was as simple as the solution is ...

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Mar 8, 2022 |

Of Romance and Marriage - should a Pre-Nup be factored into your wedding plans?

The last few years have been consumed by thoughts and discussions relating to the Covid pandemic and the various restrictions imposed as a result, but ...

Headshots No Background 2022 1
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Mar 8, 2022 | 2 minute read

What do we predict for Domestic Energy Supply in 2022?

2021 represented, in many ways, a mixed year for the UK energy market. On the one hand, it saw further significant progress on the transition towards ...

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Mar 8, 2022 | 2 minute read

International Womens Day - four key updates in employment law

The campaign theme of International Women’s Day this year #BreakTheBias. With this in mind we summarise four key areas where new or upcoming changes i ...

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Mar 1, 2022 | 5 minute read

Accessing neighbouring land for development works

Background to the Access to Neighbouring Land Act 1992 Development is the art of managing risk. The most problematic risk context is where the devel ...

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Feb 22, 2022 | 5 minute read

Dealing with Crypto assets in Divorce How to navigate the digital revolution

There is no doubt that the events of the last two years have seen a disruption in global economic activity on a massive scale. It is also clear that t ...

Row of house with solar panels on roof on blue sky AZR29 CK
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Feb 21, 2022 | 10 minute read

Real Estate: On The Move Again Report

The ‘new normal’ has created a host of emerging property trends that have reshaped the future of the way we live and work, but what particular opportu ...

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Feb 17, 2022 | 2 minute read

New Fire Safety and Cladding Guidance - PAS 9980:2022

What is it? On 19 January this year, Publicly Available Specification (PAS) 9980: 2022 came into effect and, with its publication, the Government wit ...

Cash
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Feb 14, 2022 | 4 minute read

Valentine’s Day: The ‘Tinder Swindler’ – Economic Abuse: a lawyer’s perspective

Love is in the air, or so we may think as we celebrate this Valentine’s Day. Today will be filled with couples declaring their love for each other, ei ...

Steps to Bank of England
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Feb 10, 2022 | 4 minute read

The Updated Commercial Court Guide – Thoughtful and Effective Litigation

On 3 February 2022, the Admiralty and Commercial Court released the eleventh edition of the Commercial Court Guide, the first update since 2017. The c ...

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Feb 9, 2022 | 3 minute read

What do we predict for Smart Meters in 2022?

As an increasing proportion of the UK’s overall energy supplies are generated from intermittent renewable sources, in line with the Government’s decar ...

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Feb 7, 2022 | 4 minute read

Restructuring and Insolvency - What to expect in 2022?

We have given some thought to what we can expect for 2022. Our top 12 predictions are listed below. We would love to hear your thoughts. Do you agree ...

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Jan 28, 2022 | 2 minute read

What do we predict for Offshore Wind Generation in 2022?

The deployment of offshore wind generation continues to receive the strong backing of the UK Government which is targeting reaching 40GW of capacity b ...

Architecture
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Jan 27, 2022 |

Administrators and directors face criminal liability for failure to notify the Secretary of State of proposed large scale redundancies

If an employer proposes to make 20 or more employees redundant within a period of 90 days, they must notify the Secretary of State (SoS) in advance us ...

Silver Electric car charging 2
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Jan 27, 2022 | 2 minute read

What do we predict for EV Charging Infrastructure in 2022?

The rate of adoption of electric vehicles continued to increase in 2021. As reported in the Guardian in early December, vehicles capable of being zero ...

Solar plant
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Jan 26, 2022 | 2 minute read

Will 2022 be the best year yet for the battery energy storage sector?

2021 was a significant year for battery storage as an asset class after a number of years in which the sector was in something of a suspended state. A ...

Bitcoin mining farm
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Jan 21, 2022 | 4 minute read

Unregulated Cryptoassets to be included within the UK’s Financial Promotion Regime

HM Treasury has now published the response to its consultation in relation to the marketing of cryptoassets (click here). It confirms that the govern ...

Dynamic general
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Jan 21, 2022 | 2 minute read

FCA confirms its approach to TPR Firms which do not meet its expectations

The UK’s temporary permissions regime (TPR) was designed to ensure that European firms operating in the UK via a passport when the Brexit transition p ...

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Jan 19, 2022 | 2 minute read

Are you ready for the FCA’s new MIFIDPRU Remuneration Code?

The FCA recently published a new webpage for firms subject to the MIFIDPRU Remuneration Code, it is timely reminder for investment firms to ensure tha ...

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Jan 10, 2022 | 4 minute read

Break Clauses and Vacant Possession: The Importance of Getting it Right

Throughout the pandemic, given the economic climate, we have seen a rise in the number of tenants exercising break clauses in their leases. This has g ...

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Jan 6, 2022 | 4 minute read

What next for recovery of rent arrears?

The Commercial Rent (Coronavirus) Bill (Bill) and a new Code of practice for commercial property relationships following the COVID-19 (Code) were fina ...

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Jan 6, 2022 | 5 minute read

Business Rates – A Cautionary Tale

Are you sitting comfortably? Then I will begin my story. Once upon a time, there was a company called Relaxed Limited. Relaxed Limited ran a small bu ...

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Dec 17, 2021 | 2 minute read

How can the Information and Communications Technology sector get to Net Zero?

Business in the Information and Communications Technology (ICT) sector have a significant part to play in the energy transition, decarbonisation, and ...

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Dec 15, 2021 | 2 minute read

The UK’s new National Security Screening Regime: why you need to know about it now

On 4 January 2022, the National Security and Investment Act (NSI Act) will officially come into force, implementing a new screening regime which, even ...

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Dec 6, 2021 | 2 minute read

A Rollercoaster Deal

It was raining at Alton Towers theme park on the Sunday that Mythily Katsaris and her family visited. It was not Mythily’s first choice for a day out, ...

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Dec 3, 2021 | 5 minute read

The importance of engaging with your nomad

Introduction On 30 November 2021, London Stock Exchange plc (Exchange) announced that it had agreed settlement terms with Sensyne Health plc (Sensyne ...

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Nov 2, 2021 | 4 minute read

Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2021]: are you inadvertently infringing trade mark rights?

In a recent case against Amazon, the High Court found that certain companies within the Amazon Group had not infringed the trade mark rights of two Ne ...

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Nov 1, 2021 | 5 minute read

Two or more clients and the CDM Regulations

“It doesn’t take a genius to know that any organisation thrives when it has two leaders. Go ahead; name a country that doesn’t have two presidents. A ...

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Nov 1, 2021 | 5 minute read

Broken Promises - an increase in National Insurance Contributions

In December 2019 when election manifestos were published, the country looked far different from where we are standing today. Mr Johnson was going to ‘ ...

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Nov 1, 2021 | 3 minute read

Fladgate advises Ocado Ventures on groundbreaking indoor farming joint venture

This article was first published on 27th September 2019 Fladgate was delighted to advise the corporate ventures arm of Ocado Group, the world-leading ...

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Nov 1, 2021 | 5 minute read

Duomatically Invalidated

The Court confirms its preference for a narrow and strict interpretation of the “Duomatic principle” relating to the informal approval of actions by a ...

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Oct 29, 2021 | 2 minute read

Fladgate advises on record-breaking NFT Investments’ listing on AQSE

This article was first published on 27th April 2021 Fladgate has advised NFT Investments PLC (“NFT Investments”), an investment company specialisin ...

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Oct 29, 2021 | 2 minute read

Significant inward investments by a Turkish Group into the UK

We have advised our client Eren Paper on the successful acquisition of Shotton Paper Mill in Wales. The transaction completed on 30 September and is o ...

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Oct 6, 2021 | 3 minute read

The impact of the talent scramble on the outsourcing market

As well as severe supply-chain disruptions and energy-related issues, the immediate post-COVID recovery period has seen a noticeable shortage of key t ...

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Sep 28, 2021 | 2 minute read

Phantom permissions to be quashed by judicial review

“As the Government’s much vaunted planning reforms go on hold to be reviewed in detail by incoming Housing Minister, Michael Gove, another planning st ...

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Sep 28, 2021 | 3 minute read

The Fire Safety Act 2021

What is it? The Fire Safety Act 2021 (FSA) is a short piece of legislation which, in essence, amends and clarifies the scope of the Regulatory Reform ...

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Sep 27, 2021 | 3 minute read

Corporate Insolvency and Governance Act

The legislative support introduced last year in the form of the Corporate Insolvency and Governance Act, to help businesses from being forced into ins ...

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Sep 27, 2021 | 4 minute read

Leases: the brief history and the importance of Heads of Terms

The Past In the “good ol’ days” a lease was a fairly straightforward document. It likely ran to no more than 20 pages, tenant covenants were few and ...

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Sep 27, 2021 | 4 minute read

Another quarter day, another unpaid invoice?

We are now more than 18 months on from the day when Boris Johnson announced the first lockdown. While in many ways it is beginning to feel as though l ...

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Sep 22, 2021 | 4 minute read

The true scope of an adjudication dispute

Adjudication is recognised as the prevalent dispute resolution process for the UK construction industry. As recently as 2020, the Supreme Court (in B ...

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Sep 22, 2021 | 2 minute read

Luxury Law Summit: Digitisation and NFTs in the luxury goods market

On Wednesday 22 September we hosted a panel discussion on digitisation in luxury law assets at the 9th Luxury Law Summit at the British Museum. Our ...

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Sep 15, 2021 | 4 minute read

Changes to website cookie law

“Common sense, not box-ticking”. The UK Government, led by Culture Secretary Oliver Dowden, has recently announced its first plans to depart from the ...

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Sep 15, 2021 |

Unlimited Partnership and Esports

The ability to move at speed on complex work is characteristic of our ‘unlimited’ approach. A great example is our work helping Guild Esports become t ...

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Sep 2, 2021 | 5 minute read

Tide change on music streaming? UK parliamentary report calls for “equitable remuneration” for performers

After the war against internet piracy in the 00s, the rise of Spotify and other streaming platforms in the 2010s appeared to offer a viable solution t ...

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Aug 25, 2021 | 2 minute read

You have been hacked – only the ransom message gets through. What do you do?

We are all just a click away - your IT and connected systems are out – you have been hacked – only the ransom message gets through. What do you do? P ...

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Aug 17, 2021 | 5 minute read

Take Two - Pandemic Rent Suspension Clauses and the 1954 Act

In the recent unreported case of Poundland Limited v Toplain Limited, the Court was once again asked to consider whether a pandemic rent suspension cl ...

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Aug 5, 2021 | 7 minute read

Liquidated damages and partial possession in construction contracts

In the Olympic spirit, the TCC dives head first into the proper construction and effect of liquidated damages provisions and partial possession in Eco ...

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Jul 29, 2021 | 4 minute read

CMA lays down the gauntlet to UK government on Electric Vehicle charging (and opens its own investigation too)

In December 2020, the Competition and Markets Authority (CMA) announced the launch of a ‘market study’ into the UK electric vehicle (EV) charging mark ...

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Jul 22, 2021 | 2 minute read

Bounce back in sports?

While many hoped 2021 would be a bounce back year for the sports industry, the new strain of COVID-19 has left football clubs with a number of financi ...

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Jul 22, 2021 | 2 minute read

Betting and esports look set to collide

A review of UK gambling laws launched by the Department for Digital, Culture, Media and Sport (DCMS) could have a major impact on the esports industry ...

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Jul 22, 2021 | 2 minute read

Edge computing - what to look out for in 2021

Businesses will be familiar with cloud computing, with many having moved their IT to colocation facilities or to cloud-based applications such as Offi ...

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Jul 22, 2021 | 4 minute read

Liquidated Damages: Triple Point and the return to orthodoxy

On 16 July 2021, the Supreme Court handed down its long awaited judgment in Triple Point Technology Inc v PTT Public Company Ltd and, in doing so, has ...

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Jun 29, 2021 | 5 minute read

Retail CVAs – the Unjustly Targeted Landlord?

Businesses in the retail and hospitality sectors are bearing the brunt of the economic fallout caused by Covid-19 lockdowns, resulting in ever more co ...

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Jun 29, 2021 | 5 minute read

Empty rates mitigation schemes – another one bites the dust?

The discussion around the need to mitigate the impact of business rates on occupiers of Britain’s high streets has been underway since well before the ...

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Jun 24, 2021 | 7 minute read

International travel and children – is it any easier this summer?

The impact of Covid on family life has presented parents with many challenges. Home schooling may now, hopefully, be a thing of the past, but many se ...

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Jun 23, 2021 | 7 minute read

What are the benefits and disadvantages of IPSX and the Mailbox IPO proved anything?

On 14 May 2021 Mailbox REIT plc became the first company to carry out an initial public offering on the International Property Stock Exchange (IPSX). ...

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Jun 21, 2021 | 5 minute read

Covid Arrears of rent: A Greek Tragedy for Landlords

The Greek dramatist Aeschylus is often credited with introducing the plot device known as Deus ex Machina whereby a seemingly insoluble problem is sud ...

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Jun 18, 2021 | 5 minute read

‘Toxic’ survivorship clauses: does your Will contain one?

Do you have a survivorship clause in your Will? Chances are you do, if you leave assets to someone outright in your Will. The mischief that these clau ...

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Jun 11, 2021 | 2 minute read

The Beginning of the End of Sovereign Taxation?

With the debt from COVID-19 still mounting, it is clear that funds are needed and they must be raised from somewhere. Who better to help fill the void ...

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Jun 8, 2021 | 2 minute read

BeyondPlay redefining the gaming industry

Fladgate has advised online gaming start-up BeyondPlay and its founder, Karolina Pelc, on its €1.5m seed investment round led by LeoVentures (the corp ...

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Jun 1, 2021 | 5 minute read

Brexit – a moving target for doing business in the UK

The transition period agreed between the EU and the UK ended on 31 December 2020. Widely overshadowed by the Covid-19 pandemic, the end of the transi ...

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May 24, 2021 | 3 minute read

Fladgate launches Walgate Family Office

As the first service of the firm’s Walgate brand, Walgate Family Office extends Fladgate’s range of solutions to address the needs of its private weal ...

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May 20, 2021 | 4 minute read

‘Who’s for another round?’

Undeterred hospitality businesses launch another bid to claim business interruption insurance losses It is without question that the last 14 months h ...

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May 17, 2021 | 4 minute read

What do you know about IPSX?

The first IPO on IPSX The International Property Exchange (IPSX) is regulated by the Financial Conduct Authority (FCA) as a recognised investment exc ...

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May 5, 2021 | 5 minute read

Constructing the National Digital Twin

Newly appointed Senior Associate, Sarah Rock discusses the legal challenges faced by building a national digital twin. What is a digital twin?A digit ...

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May 4, 2021 | 5 minute read

Finally some good news for commercial landlords!

For over a year now, landlords have had their hands tied by the various restrictions hastily introduced by the Government at the beginning of the Covi ...

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May 4, 2021 | 3 minute read

European Private Equity Fund

In 2014 our team began working with a London-headquartered European Private Equity Fund, the relationship started tentatively but has been growing fro ...

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May 4, 2021 | 3 minute read

Otium Real Estate

Otium Real Estate is a property investment company focused on commercial leisure real estate and is led by Ashley Blake, previously Director of Retail ...

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Apr 30, 2021 | 8 minute read

Delayed supply of goods – is your supply contract up to scratch?

Brexit, the Covid-19 pandemic, severe weather conditions, Suez canal congestion, political instabilities … unexpected disruptive events affecting supp ...

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Apr 29, 2021 | 5 minute read

The Future of the Office - What Will Be The "New Normal"?

As we slowly contemplate a return to “normal” life following the disruption caused by the Government’s response to Covid-19, office-based employers ar ...

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Apr 29, 2021 | 5 minute read

Pandemic Rent Suspension Clauses and the 1954 Act

While the subject of much work behind the scenes in law firms up and down the country, it’s relatively rare for unopposed lease renewal cases under th ...

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Apr 27, 2021 | 5 minute read

Spotlight on Agile Systems Development–key lessons we can learn from the recent case of CIS v IBM

Main issue in systems integration contracts - Click to read more The traditional method of software development is the Waterfall model (also known as ...

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Apr 22, 2021 | 5 minute read

Airspace leases: property out of thin air

Leasing the airspace above your property is one way to maximise the income available from your investment. You might lease the airspace to a developer ...

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Apr 22, 2021 | 10 minute read

Bridging the registration gap

For most buyers of registered land, the deal is done when the transfer is complete, the purchase price is paid, and they’re given the keys to the prop ...

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Apr 22, 2021 | 10 minute read

Clarifying capital contributions

Capital contributions can be a useful inducement to tenants, but proper consideration of their impact is often missed in negotiations. They should be ...

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Apr 22, 2021 | 5 minute read

Country clarity in contract law

Non-English commercial counterparties often decide that a contract should be governed by English law. Simple mistakes in English law contracts can cau ...

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Apr 22, 2021 | 10 minute read

NEC 3 to NEC 4 - Key Changes

Campaigning for good project management and flexibility, the NEC4 suite of documents were released in June 2017. Updates made in NEC4 have emerged out ...

Road
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Apr 22, 2021 | 10 minute read

Nil paid shares

A nil paid share is simply a share where the subscription price is left outstanding at the point the share is issued. They’re used in employee incenti ...

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Apr 22, 2021 | 10 minute read

Rentcharges - still relevant?

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. While histor ...

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Apr 22, 2021 | 10 minute read

Back to basics - the 1954 Act

This article is taken from the latest edition of Fladgate’s Footfall Update. Please email the marketing team on marketing@fladgate.com to be added to ...

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Apr 22, 2021 | 10 minute read

Top tips on executing and completing construction contracts

Agreeing the terms of construction contracts takes time and money. Only when a contract is correctly executed and dated will those agreed terms come i ...

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Apr 22, 2021 | 5 minute read

Late payment in commercial transactions across Europe

The European Parliament recently adopted a Resolution setting out its position on the implementation of Directive 2011/7/EU on combating late payments ...

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Apr 22, 2021 | 5 minute read

Varying your lease? A risky business

Landlords and tenants often renegotiate certain terms of their lease to allow for more flexibility, especially in times of economic uncertainty. The m ...

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Apr 22, 2021 | 10 minute read

One from the vaults

Boundaries: Basements that extend under a highway are sometimes excluded from the Land Registry title plan. One of the advantages of registered land ...

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Apr 22, 2021 | 7 minute read

Restrictive covenants

Developers and landowners often find that development sites are subject to covenants which prohibit certain actions, such as use for a specific purpos ...

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Apr 22, 2021 | 10 minute read

"Some other substantial reason" and the ACAS Code of Practice

Can employees claim an uplift of up to 25% in the circumstances of a dismissal for “some other substantial reason”, such as an irretrievable breakdown ...

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Apr 21, 2021 | 15 minute read

Video Insights: Sofa to Sofa

Fladgate has launched Sofa to Sofa, a new forward looking series of 4 minute videos on future trends, ideas and legal insights: Episode 1 – The f ...

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Apr 19, 2021 | 2 minute read

Zouk Capital: Liberty Charge

Zouk, a private equity fund manager targeting the digital and sustainable economy, is the manager of the UK Treasury’s £400m Charging Infrastructure I ...

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Apr 19, 2021 | 2 minute read

Guild Esports: A team moving at speed

The meteoric rise of esports shows no signs of slowing down – imagine on-line tournaments attracting larger audiences than the Wimbledon tennis champi ...

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Apr 17, 2021 | 2 minute read

YO! Sushi: Enterprising solutions

Known as a ‘market initiator’, YO! Sushi has always been ready to shape the future in the restaurant sector. We have worked with them since 2005 and, ...

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Apr 17, 2021 | 2 minute read

Yo Sushi! Moving at Speed

As one of the forces for change in the restaurant sector YO! Sushi was always going to take a smart entrepreneurial approach to the challenges that ha ...

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Apr 17, 2021 | 2 minute read

Zouk Capital: iZettle and a 10 day deal

Zouk, like many of our clients, is a ‘trend initiator’ in some of the most exciting growth sectors today. It is a private equity fund manager targetin ...

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Apr 17, 2021 | 2 minute read

The right time: Developing a philanthropic legacy

Major and successful milestones often mark a moment for our clients to assess how they next want to develop a philanthropic legacy. Sometimes this mom ...

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Apr 16, 2021 | 3 minute read

London Wall: Delivering peace of mind

London Wall is a prestigious multi-family office business that also owns London Wall Lending who operate at the top end of the real estate industry. T ...

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Apr 16, 2021 | 2 minute read

Cellular Goods: A pioneering first on the London Stock Exchange

The past few years have seen massive growth in wellness and self-care and cannabinoid products growing immensely in popularity. It is definitely a ‘ho ...

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Apr 16, 2021 | 1 minute read

When moving: Needs fast moves

Visa routes are complex and ever-changing; two issues our client, a US HNW individual was no stranger to. Our client required an urgent Tier 1 Investo ...

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Apr 16, 2021 | 2 minute read

Working with an ultra-high net worth client: Delivering a wealth of ideas

Our private wealth clients often approach us when they are facing significant moments of change, moments often made more complex by the scale and inte ...

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Apr 15, 2021 | 5 minute read

Libor – What Next?

Today the London Interbank Offered Rate (LIBOR) is still among the most commonly used interest rate benchmarks. However, LIBOR will cease to be availa ...

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Apr 8, 2021 | 4 minute read

Unlimited partnership and Gina Querns

Not everyone at Fladgate knew Gina before March 23 2020 but then since lockdown she started sending emails early each morning wishing everyone a good ...

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Apr 5, 2021 | 2 minute read

Remote working – striking a balance

Presenteeism has long been associated with working life in the city, viewed by many employers and employees as essential for getting known and getting ...

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Apr 1, 2021 | 5 minute read

Does your will contain a ‘Toxic’ survivorship clause?

Do you have a survivorship clause in your Will? Chances are you do, if you leave assets to someone outright. These clauses introduce a condition of su ...

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Mar 31, 2021 | 3 minute read

Fladgate advises JOOS on landmark agreement with Marylebone Cricket Club

Fladgate has advised JOOS on the negotiation and successful conclusion of a landmark agreement with the Marylebone Cricket Club (MCC) for JOOS to make ...

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Mar 31, 2021 |

Auto Draft

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Mar 30, 2021 | 8 minute read

Introducing the new NEC4 Facilities Management Contract (FMC) Suite

Most people working in the Construction and Engineering sector will be familiar with the suite of NEC contracts. Then known as the 'New Engineering Co ...

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Mar 22, 2021 | 5 minute read

Fladgate advises Dev Clever on their subscription agreement with Intrinsic Capital Jersey Limited and Sitius Limited

Fladgate advised Dev Clever Holdings plc (Dev Clever), a leading developer of online and immersive career guidance and development platforms and consu ...

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Mar 19, 2021 | 8 minute read

Non-fungible tokens – looking at the legal issues

Non-fungible tokens (NFTs) are big news. NFTs are special types of cryptographic tokens. Unlike cryptocurrencies, such as bitcoin, that are fungible ( ...

Dynamic general
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Mar 16, 2021 | 8 minute read

Irish Central Bank kicks off consultation of outsourcing regulations

The Central Bank of Ireland (CBI) recently opened a consultation on cross-industry guidance on outsourcing.[1] At the same time the CBI published new ...

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Mar 16, 2021 | 2 minute read

Retail sector restructuring in 2021: How we can help you

In 2020 we saw a startling number of familiar high street names disappear from shop fronts, or at least diminish their high street presence. Recent re ...

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Mar 15, 2021 | 3 minute read

Fladgate advises its client PCB Litigation LLP on landmark merger

PCB Litigation LLP (PCB) and Byrne and Partners LLP, both disputes law firms, have agreed to merge to form PCB Byrne LLP with effect from 1 April 2021 ...

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Mar 11, 2021 | 6 minute read

Rescue of insolvent retail business in the new environment: Commercial contracts on Insolvency

While, in general, a buyer of a business and assets from an administrator will not take over any liabilities of the seller, there are exceptions. One ...

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Mar 8, 2021 | 5 minute read

UK Competition and Markets Authority to take a bite out of Apple?

Being a global behemoth brings with it the likelihood of extra regulatory oversight. There has been much debate over whether the ubiquity of companies ...

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Mar 4, 2021 | 8 minute read

UK Listing Review: Proposals to improve the UK’s Listing Regime

Lord Hill has published his committee’s recommendations to enhance the UK’s position as an international destination for equity listings. The aim is t ...

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Mar 1, 2021 | 2 minute read

CMA’s review of market concentration in the pandemic

In April 2020, the Competition and Markets Authority (CMA) cleared Amazon’s £450million investment into Deliveroo, heeding (and ultimately accepting) ...

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Feb 24, 2021 | 5 minute read

Rescue of insolvent retail business in the new environment: Data protection and GDPR

One of the key assets for a buyer of a retail business may well be the database of customers and/or interested consumers. This will apply particularly ...

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Feb 24, 2021 | 5 minute read

Rescue of insolvent retail business in the new environment: Brand considerations

Buying the brand of an insolvent business can be a commercially attractive proposition for any potential buyers. In recent times, this has been highli ...

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Feb 23, 2021 |

Fladgate advises Dev Clever Holdings plc (Dev Clever), a leading developer of online and immersive career guidance

Fladgate is pleased to have advised Dev Clever Holdings plc (Dev Clever), a leading developer of online and immersive career guidance and development ...

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Feb 22, 2021 | 3 minute read

Coronavirus and your Construction Contract – One Year On

When we published our article Coronavirus, Force Majeure and your Construction Contract (JCT, NEC) on the impact Coronavirus, and specifically the loc ...

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Feb 22, 2021 | 3 minute read

Thomas Garner - Leading asylum and extradition lawyer joins Fladgate

Thomas Garner, a leading lawyer with over 12 years’ experience in high profile extradition, asylum and criminal law, will join Fladgate on 22 February ...

Dynamic real estate 2
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Feb 19, 2021 | 3 minute read

Rescue of insolvent retail business in the new environment: Property issues

Struggling to make retail units profitable, many retailers are seeking to reduce costs by negotiating reduced rents or shifting to turnover based rent ...

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Feb 18, 2021 | 8 minute read

Art on the move: changes to the law affecting the import and export of art and chattels in 2021

Bringing art and chattels into the UK On 28 December 2020 the UK implemented Article 3(1) of the Regulation on the Introduction and Import of Cultura ...

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Feb 18, 2021 | 3 minute read

Rescue of distressed retail business in the new environment: employment issues

In many recent rescues of retail businesses the buyer has acquired from administrators the brand and website but excluded from the sale some or all of ...

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Feb 12, 2021 | 5 minute read

Rescue of distressed retail business in the new environment: what are the procedures?

Where the business requires a formal insolvency procedure, the main choices are company voluntary arrangements (or “CVA”s) or administration - usually ...

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Feb 11, 2021 | 3 minute read

Rescue of distressed retailers in the new environment: a users' guide

The pandemic has massively accelerated changes in the retail market.The shift of consumer preferences from shops made of bricks to those powered by cl ...

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Feb 10, 2021 | 1 minute read

Fladgate advise cryptocurrency miner Argo on their latest investment

Fladgate has advised Argo Blockchain PLC (LSE: ARB), a leading cryptocurrency miner based in the UK, on a £1million investment in Pluto Digital Assets ...

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Feb 8, 2021 | 5 minute read

The importance of appointing children’s guardians in the Covid era

The negative impact of Covid 19 on families in respect of education, mental health and relationships generally has been well documented in the press. ...

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Feb 2, 2021 | 8 minute read

Shareholder meetings – time for a change?

BackgroundOn 28 January 2021, GC100 issued a discussion paper called “Shareholder Meetings – Time for a Change?” GC100 represents general counsel and ...

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Feb 2, 2021 | 4 minute read

When will the fun and GameStop?

Retail and day traders dealing in shares and other assets that Wall Street funds bet against may not be new; Wallstreetbets, the Reddit group at the c ...

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Feb 1, 2021 | 2 minute read

Fladgate advises the shareholders of Pentesec, one of the UK’s leading cybersecurity managed service providers, on the sale of Pentesec to Charterhouse Voice and Data.

Fladgate have advised the shareholders of Pentesec, one of the UK’s leading cybersecurity managed service providers, on the sale of Pentesec to Charte ...

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Feb 1, 2021 | 3 minute read

Regulating the robots – unpacking the EU’s new AI Regulation

The European Commission recently publish a first draft of its new Artificial Intelligence Regulation (AI Regulation). The AI Regulation covers both ...

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Feb 1, 2021 | 2 minute read

Changes in Family Law due to Covid

The drastic measures ushered in as a result of the Covid pandemic have affected all aspects of our way of life. This includes the practical changes t ...

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Feb 1, 2021 | 2 minute read

“Zoom Weddings” – an opportunity for UK businesses during lockdown?

Weddings are big business. It is estimated that 41.6 million weddings take place globally every year and approximately 250,000 within the UK. The £242 ...

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Jan 27, 2021 | 6 minute read

Virtual weddings: the alternative way to get married on Valentine’s Day

It was almost a year ago when we released our trilogy of Valentine’s Day articles, in which we discussed what preparations you should be thinking abou ...

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Jan 26, 2021 | 3 minute read

Fladgate advises leading UK cryptocurrency miner, Argo Blockchain Plc

Fladgate has advised leading UK cryptocurrency miner, Argo Blockchain Plc (Argo), on its £22.4million private placing to US institutional investors le ...

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Jan 25, 2021 | 3 minute read

Can employers force workers to have the Covid-19 vaccine?

At the time of writing some 4.61 million people in the UK have received their initial Covid-19 vaccination, most over the age of 70 and in the main re ...

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Jan 25, 2021 | 3 minute read

Epic battle shows UK remains a primary destination for Competition Law disputes

Much has been made of the potential impact of Brexit on the UK’s status as a primary centre for commercial dispute resolution. This debate is particul ...

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Jan 18, 2021 | 1 minute read

Fladgate advises longstanding client Zouk Capital on the sale of its remaining minority interest in Huddle

Fladgate has advised longstanding client Zouk Capital (as a manager of Cleantech Europe II Fund) on the sale of its remaining minority interest in Hud ...

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Jan 15, 2021 | 3 minute read

Supreme Court’s final judgment on Covid 19 business interruption policies

The Supreme Court has now delivered the highly anticipated final judgment clarifying insurer’s liabilities under business interruption policies in rel ...

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Jan 15, 2021 | 5 minute read

Banking Batteries: Debt financing grid-scale battery storage projects

Investment in grid scale battery storage projects in the United Kingdom experienced a surge in investment in 2016 as developers looked to take advanta ...

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Jan 14, 2021 | 10 minute read

Scaling your EdTech business - key commercial law issues for management consideration

The opportunities for e-learning providers and other Educational Technology (EdTech) businesses looking to scale their businesses continue to look ver ...

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Jan 13, 2021 | 5 minute read

Is it ever right for a wealth tax?

On 9 December 2020 The Wealth Tax Commission published its final report, strongly endorsing a one-off wealth tax as a means to raise substantial reven ...

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Jan 12, 2021 | 1 minute read

Fladgate launches inaugural M&A trend tracker

We are delighted to publish the inaugural edition of our M&A trend tracker. This publication analyses data from a sample of 20 M&A transactions on whi ...

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Jan 7, 2021 | 5 minute read

Fladgate advises Pineapple Power Corporation on successful Main Market SPAC listing

Fladgate’s equity capital markets team have advised longstanding client Pineapple Power Corporation plc (‘Pineapple’) on a successful IPO and fundrais ...

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Jan 5, 2021 | 5 minute read

Twenty Twenty Gone - New Year, New Dawn

At the beginning of 2020 the word on everyone’s lips was Brexit. By February that was rapidly overtaken by a new word in our vocabulary, Covid, and th ...

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Jan 4, 2021 | 1 minute read

Fladgate’s Family team welcomes a new partner

Fladgate is delighted to announce the appointment of family and matrimonial specialist Hetty Gleave as a partner in the Firm’s Dispute Resolution depa ...

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Jan 4, 2021 | 8 minute read

BREXIT – Where now for financial services?

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the e ...

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Jan 4, 2021 | 2 minute read

An increase in distressed investment expected

In autumn 2020 we conducted our Restart Capital Survey of over 500 SME business and over 100 investors. There was a feared wave of corporate insolvenc ...

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Jan 1, 2021 | 5 minute read

Restrictive covenants; do they mean I can’t redevelop my property?

Introduction Developers often identify land that looks good for development on the face of it, only to discover that there are restrictive covenants ...

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Nov 6, 2020 | 3 minute read

Temporary Permissions Regime

Passport to Pimlico or an Ealing Comedy? EEA Firms that provide regulated financial services in the UK through the EU’s Freedom of Establishment or F ...

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Oct 27, 2020 | 7 minute read

The pre-pack regulations - is this the end of the pre-pack?

On 8 October 2020 the Government issued its “Proposed draft regulations to require scrutiny of pre-pack sales to connected parties” (Regulations). Re ...

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Oct 26, 2020 | 3 minute read

Fladgate has advised Bridford Investments Limited inja recent equity capital fundraise

Fladgate has advised Bridford Investments Limited in its capacity as lead investor in the recent equity capital fundraise by Meatless Farm Limited. Th ...

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Oct 1, 2020 | 7 minute read

Private investment is the answer

First the bad news. We stand at the beginning of a brutal economic crisis of truly historical proportions. Many businesses will fail and employees los ...

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Sep 24, 2020 | 10 minute read

FCA publishes welcome guidance on UK cannabis listings – but further clarity is required

On 18 September 2020 the UK Financial Conduct Authority published guidance on the listing of cannabis-based businesses on UK stock exchanges after a l ...

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Sep 21, 2020 | 1 minute read

Fladgate advises Gareth Bale on his loan move from Real Madrid to Tottenham Hotspur

Fladgate has advised Gareth Bale on his much-publicised loan move from Real Madrid to Tottenham Hotspur. This follows on from Fladgate’s work in advis ...

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Sep 15, 2020 | 10 minute read

Consumer rights during a pandemic: how do UK events companies navigate the evolving COVID-19 restrictions?

In my previous article on this topic, I looked at the Competition and Markets Authority (CMA) guidance on consumer rights where private events, such a ...

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Aug 11, 2020 | 4 minute read

Tackling Hawkeye – Bournemouth’s uphill battle

The Premier League season came to a conclusion with dramatic final day in July. A point for Aston Villa (AVFC) in their final game saw them survive th ...

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Jul 21, 2020 | 5 minute read

ECJ declares EU-US Privacy Shield invalid

On 16 July 2020, the European Court of Justice (ECJ) examined and ruled on the EU-US Privacy Shield (Privacy Shield), and declared it invalid. The Pri ...

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Jul 17, 2020 | 8 minute read

Top tips for tenants: Repairs

When a tenant decides to take a lease of new premises they are usually eager to get the deal “done and dusted”. Having been in contact with an agent t ...

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Jul 9, 2020 | 5 minute read

Stakeholder Capitalism – Will it become the “New New Normal”?

Stakeholder Capitalism is not new: but is this management theory (popular in the 1950s and 1960s) poised to make a comeback as the world seeks to reco ...

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Jul 2, 2020 | 1 minute read

Fladgate advises Yoo Capital on joint venture

Fladgate was delighted to act for Yoo Capital in relation to its joint venture with Astarte for the establishment of Yoo Capital Fund II, LP (YCFII), ...

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Jul 1, 2020 | 1 minute read

Fladgate advises Cassidy Gold Corp on the sale of the Kouroussa Gold Project

Fladgate advised Cassidy Gold Corporation on its sale of the Kouroussa Gold Project to Hummingbird Resources plc. The project, located in Guinea, is a ...

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Jun 29, 2020 | 1 minute read

Fladgate advises PCB Litigation on agreement with Burford

Fladgate LLP has advised boutique law firm PCB Litigation on an innovative financing investment by Burford Capital, the world’s leading finance and as ...

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Jun 24, 2020 | 5 minute read

COVID-19: UK Government to issue fresh indemnities to manufacturers of ventilators

In March 2020, as part of the Cabinet Office-led Ventilator Challenge, the Medicines and Healthcare products Regulatory Agency (MHRA) published a spec ...

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Jun 22, 2020 | 10 minute read

Coronavirus Job Retention Scheme: the introduction of flexible furlough

On 12 June 2020, the government published new and updated guidance on its Coronavirus Job Retention Scheme (CJRS), implementing changes that were firs ...

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Jun 17, 2020 | 10 minute read

Supreme Court overturns incompatibility of adjudication and insolvency regimes

The Supreme Court today issued its judgment in Bresco v MJ Lonsdale and in doing so, has resolved the apparent conflict between the statutory adjudica ...

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Jun 12, 2020 | 3 minute read

No-fault Divorce on its way to becoming law

This week marked a major step forward for the Divorce, Dissolution and Separation Bill 2019-21, which passed its Second Reading in the House of Common ...

Farming
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Jun 9, 2020 | 7 minute read

COVID-19: regulation of software including apps

The UK Medicines and Healthcare products Regulatory Authority (MHRA) has, on 5 June 2020, published new guidance[1] on the regulatory status of softwa ...

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Jun 8, 2020 | 10 minute read

COVID 19 – UK and Indian tax residence

The fact that travel including international travel has been heavily restricted by the Covid-19 pandemic means that individuals have been unable to le ...

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May 27, 2020 | 3 minute read

Renegotiating earn-outs and potential tax consequences

An earn-out arrangement is one where all or part of the price for acquiring a business is based on the business’s future performance. This part of the ...

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May 27, 2020 | 5 minute read

Top Covid-19 tips for our real estate clients

Contracting out leases It is very important that landlords follow the correct procedure when contracting out a business tenancy under the Landlord an ...

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May 26, 2020 | 7 minute read

Takeover Panel refuses to allow Brigadier to lapse offer for Moss Bros Group during Covid-19 pandemic

On 19 May the Takeover Panel refused permission for the owners of the Crew Clothing group to invoke certain conditions of their recommended £22 millio ...

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May 22, 2020 | 5 minute read

AGMs and The Corporate Insolvency and Governance Bill

Introduction On 20 May 2020, the Corporate Insolvency and Governance Bill (Bill) started its passage through Parliament, with the second reading expe ...

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May 22, 2020 | 1 minute read

The Corporate Insolvency and Governance Bill - our initial thoughts

On 20 May 2020 the Corporate Insolvency and Governance Bill was introduced to Parliament. This is a major piece of legislation (stretching to 229 page ...

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May 20, 2020 | 10 minute read

The Code for Leasing Business Premises, 1st Edition, February 2020 (the Lease Code)

In the current climate in which many occupiers may be looking to renegotiate the terms of their existing leases, the provisions of the new Lease Code ...

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May 19, 2020 | 1 minute read

FCA asking courts for guidance on insurers' COVID-19 liability

The Financial Conduct Authority (FCA) has requested several insurers to clarify their position on COVID-19 related business claims before seeking guid ...

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May 15, 2020 | 1 minute read

The legal implications of data breaches during COVID-19

The outbreak of COVID-19 has seen a rapid and unprecedented change in the way businesses are using technology. This has thrown up a host of opportunit ...

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May 14, 2020 | 7 minute read

COVID-19: what next for Shared Service and Captive operations?

Faced with declining revenues, turbulent economic conditions and an uncertain future, many businesses will be looking at reducing costs and optimising ...

Dynamic general
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May 13, 2020 | 3 minute read

Coronavirus Job Retention Scheme: Chancellor’s update

On 12 May the Chancellor Rishi Sunak set out a brief update in parliament on the future of the Coronavirus Job Retention Scheme. The scheme was set up ...

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May 12, 2020 | 3 minute read

COVID-19: Corporate residence in a time of crisis - what can UK based directors of non-UK companies do now?

With international travel almost a distant memory and quarantine measures implemented across the globe, directors of non-UK companies who are currentl ...

Genes
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May 11, 2020 | 3 minute read

Fladgate advises Huma Therapeutics Limited on its acquisitions of Tarilian Laser Technologies Limited and Biobeats Group Limited

Fladgate LLP has advised Huma Therapeutics Limited (formerly Medopad Ltd), a leading London based health technology startup that builds software for t ...

Architecture
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May 6, 2020 | 3 minute read

Treating Customers Fairly: FCA and PRA guidance on treating customers fairly – Impact on commercial lending market

Commercial lending mostly sits outside the FCA and PRA’s scope for regulation. However, though lending to business customers is generally not a regula ...

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May 4, 2020 | 1 minute read

Startup fundraising in lockdown: challenges and opportunities

The Covid-19 pandemic, and the global response to it, have massively disrupted almost every aspect and sector of the world economy, and venture capita ...

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Apr 30, 2020 | 10 minute read

Reductions in rent – As a residential landlord, what should I do?

In the current climate it will come as no great surprise, that a growing number of residential tenants have been approaching their landlord requesting ...

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Apr 30, 2020 | 7 minute read

The Open COVID Pledge

Intellectual property rights are - by definition - monopolistic. How, then, can researchers, charities and NGOs collaborate with business in the devel ...

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Apr 28, 2020 | 10 minute read

NHSX sets out UK’s COVID-19 contact tracing strategy

With calls growing for the UK government to provide a detailed exit strategy from country-wide lockdown, Matthew Gould (NHSX chief executive) and Gera ...

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Apr 28, 2020 | 7 minute read

Covid-19 – The great waiver request in REF

The Covid-19 pandemic has affected almost every corner of the economy with little if any businesses immune to the effects. The lessons learnt from the ...

Data servers
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Apr 23, 2020 | 4 minute read

COVID-19’s Impact on the Insights from the FCA’s Cyber Coordination Groups

The following article was a joint collaboration between Aon’s Cyber Solutions and Fladgate LLP, an international law firm. This alert explores the FCA ...

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Apr 22, 2020 | 10 minute read

Shareholder protections and fundraising – pragmatism in a time of uncertainty?

Shareholders, particularly institutional shareholders and the voting advisory services that support them, have traditionally taken a strict approach t ...

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Apr 21, 2020 | 10 minute read

The Future Fund: what to look out for

Overview The UK Government has announced plans for a new “Future Fund” designed to top up funding raised by early stage UK companies during the Covid ...

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Apr 15, 2020 | 6 minute read

COVID-19: Temporary measures for AIM companies and Nominated Advisers

On 20 March 2020, the London Stock Exchange (LSE) published an Inside AIM newsletter setting out temporary measures that would be implemented by the A ...

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Apr 9, 2020 | 1 minute read

Insolvency law reforms due to Covid-19

The Government is expediting reforms to UK Insolvency Law to help companies avoid insolvency as a result of the Covid-19 outbreak. Details of the prop ...

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Apr 9, 2020 | 6 minute read

Financial Settlements in Divorce are not immune to the Covid-19 pandemic

It is without doubt that these are “unprecedented times” – a phrase that we are most likely to have heard over the last few weeks and will continue to ...

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Apr 8, 2020 | 8 minute read

Coronavirus Job Retention Scheme: Government update

On 26 March the Government (HMRC) published guidance giving details of its Coronavirus Job Retention Scheme. The guidance has since been updated a num ...

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Apr 8, 2020 | 10 minute read

What duties do travel providers have to their customers in a pandemic?

In February, we published an article exploring the obligations of travel providers to their customers as parts of the world started to shut their bord ...

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Apr 3, 2020 | 5 minute read

How to avoid directors’ liability

Many businesses will be under enormous strain over coming months. In the article below, Jeremy Whiteson discusses what legal tools are available to he ...

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Apr 3, 2020 | 10 minute read

Tackling the impact of Covid-19: What are the options for the English Premier League?

One of the effects of the significant disruption caused by the Covid-19 virus is the cancellation or postponement of a huge number of sporting events. ...

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Apr 1, 2020 | 3 minute read

Fladgate advises gaming innovator Playzido on its multi-investor fundraising round

Fladgate LLP has advised leading B2B gaming platform Playzido on its successful EIS-qualifying equity fundraising round involving 11 new investors and ...

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Mar 31, 2020 | 4 minute read

Fladgate advises innovative AI start-up Fiinu on seed funding round led by Kindred Capital

Fladgate LLP has advised Fiinu Ltd, a UK-based AI start-up on its £1.7 million seed investment round led by prominent early stage venture capital inve ...

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Mar 31, 2020 | 7 minute read

Coronavirus and the hotel industry: actions taken by brand owners and key considerations for hotel owners

The recent outbreak of coronavirus has had devastating effects on the UK’s hotel and hospitality industry. As of 23 March 2020, the UK government has ...

City buildings
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Mar 27, 2020 | 5 minute read

Leases in the time of Coronavirus: the Coronavirus Act 2020 and Residential Tenancies

The Coronavirus Act 2020 (“the Act”) received Royal Assent on 25 March 2020, meaning that it is now in force. The Act will have implications on a land ...

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Mar 26, 2020 | 10 minute read

COVID-19: Assessing and managing the impact on supply chain contracts

The COVID-19 situation is rapidly evolving. As countries around the world act to try and stem the contagion, businesses face serious disruption to the ...

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Mar 23, 2020 | 6 minute read

COVID-19: Time to review your outsourced Managed Security Services arrangements

Even before the current pandemic, as enterprises have adopted techniques and practices such as digital transformation, cloud and mobility, they have f ...

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Mar 23, 2020 | 6 minute read

Questions around the Governments latest job retention scheme

The Chancellor on Friday announced a new Government Coronavirus Job Retention Scheme to enable employers to obtain a reimbursement of up to 80% of “fu ...

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Mar 20, 2020 | 5 minute read

COVID-19: The future of esports and gaming collaboration

Although the COVID-19 outbreak has been devastating for many businesses, certain industries such as the gaming and esports sectors may not be as badly ...

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Mar 19, 2020 | 10 minute read

Covid-19 and sporting events – what does the law say about dealing with disappointed fans?

The World Health Organisation has now formally declared a global pandemic, as the coronavirus outbreak continues to spread around the world. Governmen ...

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Mar 16, 2020 | 6 minute read

COVID-19: Casting a spotlight on Facilities Management outsourcing

At the time of writing, the UK is officially moving to the “delay” phase, with government advising that anyone with a new, continuous cough or a high ...

Bitcoin mining farm
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Mar 11, 2020 | 5 minute read

The legal status of cryptocurrency in English law is cryptic no more!

A recent English High Court judgment has provided much needed legal certainty in respect of the status of cryptocurrency as property in English law. B ...

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Mar 11, 2020 | 5 minute read

Is an Out-of-Hours Administrator Appointment Valid? Nobody knows

In Woodside and Ratten v Keyworker Homes (North West) Ltd, the High Court considered a directors’ appointment of administrators, which was made outsid ...

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Mar 6, 2020 | 5 minute read

Please sign here: A look at the validity of e-signatures

The use of electronic signatures in business has increased markedly in recent years in response to an increase in agile working, time and cost restrai ...

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Mar 4, 2020 | 5 minute read

Libor – Next Steps

In our last article on the topic of Libor, we discussed the phasing out of the interest rate benchmark during the course of 2020 and 2021. This month ...

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Feb 27, 2020 | 5 minute read

EDPB consults on connected vehicles Guidelines

The European Data Protection Board (EDPB) has launched a consultation[1] on its draft guidelines on processing personal data in the context of connect ...

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Feb 20, 2020 | 5 minute read

English High Court recognises Bitcoin as property

In our article of December 2019 we reviewed the UK Jurisdictional Task Force’s Legal Statement on the Status of Cryptoassets and Smart Contracts, whic ...

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Feb 14, 2020 | 5 minute read

Government provides welcome advice on fire safety in residential buildings

The Government’s Expert Panel has now issued a consolidated advice note on fire safety following the Grenfell Tower tragedy. The note provides guidanc ...

Architecture 2
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Feb 11, 2020 | 7 minute read

What you need to know when planning a wedding

Ducks are a traditional wedding gift in Korea, but before you make that big proposal this Valentine’s Day, it is important that you give some thought ...

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Jan 31, 2020 | 7 minute read

GDPR - what happens after Brexit

Will the GDPR still apply in the UK post-Brexit? The short answer is yes - once the UK exits the EU at 23:00 on 31 January 2020, all EU laws, includi ...

Gaming room
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Jan 31, 2020 | 8 minute read

“In the mist of chaos, there is also opportunity” - Sun-Tzu, The art of War-craft III

Is there hope for custom game developers amidst Blizzard Entertainment’s new Acceptable Use Policy? Following the launch of Warcraft III: Reforged, B ...

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Jan 28, 2020 | 7 minute read

How could Brexit impact commercial contracts between businesses?

After years of discussions, the UK is set to formally leave the EU on 31 January 2020 (Brexit). Although the UK will cease to be an EU member from thi ...

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Jan 24, 2020 | 5 minute read

ICO bolsters protection rights for children in the digital world with the introduction of a new Age Appropriate Design Code

Following a lengthy consultation process, the Information Commissioner’s Office has this month published the draft Age Appropriate Design Code (the Co ...

Briefcases
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Jan 24, 2020 | 3 minute read

Fladgate advises Caspian Sunrise plc on the purchase of specialist drilling vessel in Kazakhstan

Fladgate has advised oil and gas exploration and production company Caspian Sunrise plc (LON:CASP) on the acquisition of the “Caspian Explorer” for a ...

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Jan 23, 2020 | 5 minute read

To Build or Not to Build...

The building lease is a combination of a development agreement and traditional FRI lease in which, for a period of time, many of the usual tenant cove ...

Dynamic real estate 2
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Jan 22, 2020 | 6 minute read

How to spot a commercial agent (and why you need to know how to spot one)

Commercial agents are special. They enjoy a unique legal position and enjoy a suite of legal rights and protections[1]. A number of the core rights an ...

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Jan 16, 2020 | 5 minute read

Trade marks and Brexit

What happens to EU trade marks after Brexit? A mere three and a half years after the 2016 referendum on membership of the European Union, the UK look ...

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Jan 7, 2020 | 5 minute read

Data Export – preliminary opinion in CJEU on Schrems v FaceBook II looks positive for standard contract clauses

Readers of these posts will be familiar with the ban, under Chapter V of GDPR, on exporting personal data outside the EEA except to approved third cou ...

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Dec 18, 2019 | 10 minute read

IP’s Susceptible to Non-Party Costs Orders

The High Court has made a non-party costs order against an insolvency practitioner firm, requiring it to pay the legal costs of unsuccessful proceedin ...

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Dec 17, 2019 | 3 minute read

Fladgate advises Seiko on its new Burlington Arcade shop

Fladgate has advised Seiko, a leading Japanese watch manufacturer on the lease of its luxury watch brand Grand Seiko’s latest pop-up boutique in the h ...

Dynamic real estate 3
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Nov 21, 2019 | 3 minute read

Fladgate advises on the sale of Prosurv to Cumming

Top 50 UK law firm Fladgate has advised the shareholders of Stoke based project manager and costs consultancy Prosurv on its sale to Cumming, the glob ...

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Nov 15, 2019 | 5 minute read

Pass the $182 million Parcel!

In a decision highlighting the serious consequences of funding another’s litigation (even family) in Kazakhstan Kagazy Plc & Ors –v- Shyna Arip &a ...

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Nov 7, 2019 | 1 minute read

€14M fine for German property company not deleting old personal data

German property company Deutsche Wohnen SE has been fined €14.4 Million for breaches of GDPR by the Berlin data supervisory authority in Germany. This ...

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Oct 29, 2019 | 10 minute read

Joint authorship of copyright: UK Court of Appeal tears up the script

A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York soc ...

Engineered tunnel
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Oct 7, 2019 | 2 minute read

Fladgate ranks Tier 1 in Legal 500’s M&A: Deals up to £50m

Fladgate is delighted to be ranked Tier 1 in the 2019 edition of Legal 500 in the M&A: Deals Up To £50m. Grant Gordon, Head of Corporate, said: “we a ...

Mining
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Oct 2, 2019 | 5 minute read

Bona Vacantia

Bone up on Bona Vacantia Introduction It is a well-known fact that lawyers love to use a bit of Latin now and again; it makes us feel clever and sup ...

Aerial neighbourhood 2
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Sep 19, 2019 | 10 minute read

Marriage or cohabitation?

The start of Autumn marks the end of the Summer wedding season and with that comes the end of months, even years, of having to make decisions about ch ...

Architecture
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Sep 19, 2019 | 8 minute read

Sit Up and Take Notice!

Giving notice of a claim under a contract should be simple. But where contractual notice provisions apply, parties must be aware that any such notice ...

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Sep 19, 2019 | 8 minute read

Claiming Quantum Meruit - hard work is always rewarded?

Quantum Meruit’ may sound like the stage name of an American B-movie actor but is, in fact, an important legal doctrine. The Latin term quantum meruit ...

Gaming room
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Sep 6, 2019 | 3 minute read

Fladgate acts on £220m sale of Red Tiger Gaming Limited

Fladgate was pleased to act on the sale of Red Tiger Gaming Limited, a leading online casino game software supplier to digital entertainment company, ...

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Aug 15, 2019 | 3 minute read

Fladgate advises SILCS Solutions Limited on its UK launch of ChargeBolt

Fladgate has advised SILCS Solutions Limited on all legal aspects of its UK launch of “ChargeBolt”. With over 250 locations from their soft launch in ...

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Jul 15, 2019 | 7 minute read

Assigned contracts: can an arbitration agreement be challenged under S.67 AA 1996?

The Court has determined a novel point, namely that challenges to the assignment of arbitration agreements can be brought under s.67 AA 1996 In Cock ...

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Jul 9, 2019 | 5 minute read

CJEU delivers judgment in Facebook “Like” button case

The Court of Justice of the European Union (CJEU) last week handed down its decision in a case concerning a German online clothing retailer’s use of t ...

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Jul 8, 2019 | 5 minute read

ICO proposes £184M fine for British Airways in first major GDPR sanction

The Information Commissioner’s Office (ICO), the UK’s data protection supervisory authority, today announced that it has provisionally determined that ...

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Jun 26, 2019 | 7 minute read

Heading for a Hard Brexit? Thoughts for the Facilities Management Outsourcing sector

It is the last week of June 2019. The UK referendum took place three years ago in June 2016. In March the following year, Prime Minister May wrote to ...

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Jun 25, 2019 | 1 minute read

Danish furniture company fined for deletion failure

The Danish Data Protection Agency (DPA) has recommended a fine of 1.5 million Danish kroner (approx. £180,000) for a furniture company that failed to ...

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Jun 24, 2019 | 8 minute read

Mitigating risk for lenders of brownfield sites

Mitigating risk for lenders of brownfield sites We are currently running our Brownfield Campaign to explore opportunities within this sector for our ...

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Jun 22, 2019 | 5 minute read

Lease or licence – why you should care

It is common for heads of terms to refer to a licence to use or occupy a property when the agreed terms would actually be construed as a lease. The tw ...

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Jun 20, 2019 | 3 minute read

Spanish football league La Liga fined around €250,000 for a breach of GDPR

The top Spanish football league, La Liga, has been fined around €250,000 for a breach of the GDPR by the Spanish data protection agency, AEPD. In an ...

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Jun 19, 2019 | 2 minute read

Fladgate advises Ocado on its investment into Jones Food Company

Fladgate advised Ocado on its recent investment into vertical farming start-up, Jones Food Company. The transaction comprised a partial buyout of the ...

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Jun 14, 2019 | 10 minute read

How Fare the Winds of Change – An Update on Disclosure in Civil Litigation

On 1 January this year, the Business & Property Courts rolled out the ‘Disclosure Pilot Scheme’ (DPS). Six months on we revisit the DPS and examine ho ...

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Jun 14, 2019 | 7 minute read

959 days later….

In what could best be described as a rather ambitious application, in State A v Party B[1], the Applicant sought an extension of the 28-day time limit ...

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May 22, 2019 | 8 minute read

Real Estate Funds - the new elections regime

The extension of capital gains tax to non-resident investors in UK real estate has made life more complicated for fund managers. Until the recent cha ...

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May 16, 2019 | 7 minute read

Liability for an Overseas Subsidiary – Supreme Court Allows case to Proceed to Trial

On 10 April 2019 the Supreme Court handed down its judgment upholding the Court of Appeal ruling that 1,826 Zambian citizens can bring a group action ...

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May 15, 2019 | 4 minute read

Fladgate advises Ocado on investment into Karakuri

Fladgate was delighted to advise Ocado Group's venture arm on its investment into UK-based tech start-up, Karakuri. Reshaping the future of ready-to- ...

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May 10, 2019 | 5 minute read

Fladgate advises Seko S.p.A on the acquisition of the Brightwell Group

Fladgate has advised Seko S.p.A, an Italian based global leader in the design and manufacture of dosing pumps and metering systems on the acquisition ...

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Apr 15, 2019 | 5 minute read

Fladgate advises BB7 on investment by BGF and acquisition of Omega Fire Engineering

Fladgate advises BB7 on investment by BGF and acquisition of Omega Fire to create UK's leading fire and security consultancy. Law firm Fladgate has a ...

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Apr 12, 2019 |

Cryptocurrency estate planning: lessons from QuadrigaCX

In a plot line worthy of a Dan Brown novel, the 30 year old CEO and founder of QuadrigaCX, Gerald Cotton, was reported as having died in India at the ...

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Apr 10, 2019 | 3 minute read

The end of the blame game - the arrival of no fault divorce

Family lawyers have been campaigning for some time for the laws relating to divorce to be changed. Introduced in 1973, the Matrimonial Causes Act whic ...

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Apr 7, 2019 | 5 minute read

Passport, Sun Cream, Parental Consent!!?

The children have broken up from school…. we have some sun in the British sky…. Wimbledon is on, strawberries are in full season and thoughts turn to ...

Dynamic general
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Apr 5, 2019 | 7 minute read

‘Secret’ Commissions - A summary of recent guidance handed down by the Court of Appeal.

A fiduciary is someone who has undertaken to act for another in a particular matter in circumstances which give rise to a relationship of trust and co ...

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Apr 5, 2019 | 5 minute read

Non-Party Allowed Access to Court Documents for use in Arbitration

In a potential controversial decision, the Commercial Court has granted a third party the right to access copies of documents disclosed in High Court ...

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Apr 5, 2019 | 5 minute read

It’s not over ‘till it’s over – Settlement and Limitation

Settlement is not always the end, and breaches of settlement terms are not uncommon. Parties should be aware that limitation periods may apply to clai ...

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Apr 3, 2019 | 5 minute read

It is not just named parties that can sue under a contract

In Filatona Trading Ltd & Another v Navigator Equities Ltd & Others the Court held that an LCIA arbitral tribunal did not exceed the scope of its powe ...

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Mar 26, 2019 | 7 minute read

When appealing bears fruit: Pear Technologies v EUIPO – Apple

Are apples different from pears? Or are they both just fruit? Or, as cockney rhyming slang would have it, are they stairs? These are the questions (ex ...

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Mar 25, 2019 | 8 minute read

European Banking Authority publishes revised outsourcing guidelines

On 25 February 2019, the European Banking Authority (EBA) published revised Guidelines[1] on outsourcing arrangements for financial institutions, name ...

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Mar 14, 2019 | 10 minute read

Irish Backstop and Unilateral Withdrawal

An arcane legal issue floated to the surface amid chaotic political scenes in the House of Commons last night. A few points by way of introduction: ...

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Mar 13, 2019 | 8 minute read

Online platforms: new EU rules to increase transparency and fairness

New Rules On 13th February 2019, the European Parliament, the Council of the European Union and the European Commission agreed to set up new European ...

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Mar 7, 2019 | 7 minute read

Update on Litigation Privilege – Important lessons to be learnt

In recent months we have seen a number of significant judgments regarding the scope of protection offered to litigants by legal privilege. In this art ...

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Mar 4, 2019 | 6 minute read

Algorithms in the justice system - the European Ethical Charter

The adoption of artificial intelligence (AI), in combination with other disruptive technologies, such as big data and cloud computing, offers huge pot ...

Steps to Bank of England
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Feb 25, 2019 | 7 minute read

UK Government has published a new “Outsourcing Playbook”

On 20 February 2019, the UK government’s Government Commercial Function published “The Outsourcing Playbook”[1] outlining a series of key new policies ...

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Feb 21, 2019 | 8 minute read

Is it time to revisit your FM Contracts?

With the UK remaining set to leave the European Union on 29 March 2019, possibly crashing out without a deal, buyers of facilities management (FM) ser ...

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Feb 18, 2019 | 7 minute read

Is this the end of Opco/Propco structures in the hotel industry?

Opco/Propco structures have long been popular in the hotel sector. IHG, Accor and Hilton are just a few of the big names who have split Propcos from ...

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Feb 13, 2019 | 4 minute read

Fladgate acts for Pyser Optics Limited on £3.4m sale to Scientific Digital Imaging Plc

Fladgate was delighted to act for Pyser Optics Limited, a portfolio company of Privet Capital, in relation to the sale of their Graticules division to ...

Bridge
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Jan 24, 2019 | 5 minute read

Court of Appeal shuts the door on insolvent companies adjudicating

The Court of Appeal today handed down a judgment confirming the interplay between construction adjudication and the insolvency regime. Fladgate acted ...

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Jan 24, 2019 | 5 minute read

‘Practical Completion’ – Is your definition practically complete?

‘Practical Completion’ (PC) plays an important role on construction projects, often signifying the release of retention monies, ending the contractor’ ...

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Jan 23, 2019 | 10 minute read

The Commercial Agents Regulations – The Commodity Market Exception

Pluczenik Diamond Company NV v W Nagel (a firm) Case number [2018] EWCA Civ 2640 A commercial agent is a self-employed intermediary with continuing ...

Cash
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Jan 23, 2019 | 5 minute read

Mutual EU-Japan adequacy decision now in force

The EU and Japan have today announced a new personal data adequacy agreement between the two parties. This agreement will allow personal data to flow ...

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Jan 22, 2019 | 5 minute read

Time to send the family wealth on a foreign holiday?

Vast sums of family wealth have already left the city of London, according to press reports. The consistent feedback from our clients is that, whilst ...

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Jan 18, 2019 | 8 minute read

Software Licensing: the perils of indirect access usage

The case of SAP UK v. Diageo[1], which was heard by Mrs Justice O’Farrell in the Technology and Construction Court, revolved around the specific terms ...

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Jan 8, 2019 | 5 minute read

Brexiting the GDPR: New draft UK data protection regulations introduced

The government has recently published draft legislation to deal with the UK’s post-Brexit GDPR regime, namely “The Data Protection, Privacy and Electr ...

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Dec 27, 2018 | 6 minute read

The increasing demand for serviced offices and how landlords can help secure lending

The continued growth of the serviced office sector presents an investment opportunity for lenders providing issues surrounding perceived risk and valu ...

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Dec 12, 2018 | 2 minute read

Facebook €10M fine in Italy

Not a GDPR fine, but, according to press reports, Facebook has been fined €10M by the Italian consumer protection authority arising out of its use of ...

Architecture 2
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Dec 7, 2018 | 3 minute read

Will Brexit affect the validity of a contractual English law clause?

The national law, which governs a commercial contract and will be applied in the event that parties end up in a dispute over their obligations, is cur ...

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Dec 7, 2018 | 5 minute read

Jingle Regulation

The UK’s data protection enforcement body, the ICO, has published an article on “Sleigh-ing the Christmas GDPR myths”. As they say, the last thing the ...

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Dec 7, 2018 | 6 minute read

Landlord’s intention to redevelop… or not

The American philosopher, Ralph Waldo Emerson, once said “Once you make a decision the universe conspires to make it happen”. Since he died in 1882 he ...

Dynamic general
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Dec 6, 2018 | 7 minute read

Brexit and Competition law: Plus ça change plus c’est la même chose

While debate continues in Parliament as to deal with the current blockage around the UK’s Withdrawal Agreement back in the “real” world, businesses ne ...

Data servers
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Nov 29, 2018 | 5 minute read

Uber fined £385,000 following mass data breach

The UK Information Commissioner’s Office (ICO) has issued a fine against Uber for £385,000 for failing to protect customers’ personal information duri ...

Construction building framework
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Nov 28, 2018 | 7 minute read

The end of “smash and grab”? Not so fast…

“We are all trying to hack out a pathway through a dense thicket of amended legislation, burgeoning case law and ever-changing standard form contracts ...

Steps to Bank of England
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Nov 14, 2018 | 6 minute read

Trimming away at online sales bans: the Stihl case

In 2017, the Court of Justice of the European Union’s decision in Coty delivered a boost for brand owners wishing to control, via selective distributi ...

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Nov 13, 2018 | 6 minute read

Most Favoured Nations clauses back in the regulatory spotlight

Last week the Competition and Markets Authority (CMA) announced was minded to find against ComparetheMarket (CtM) (the company that increased our know ...

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Nov 10, 2018 | 5 minute read

Do you want a hard or soft-boiled Brexit?

Charles Proctor explains how the UK could declare itself a free trade zone by ceasing to impose tariffs on imports immediately after its split from th ...

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Oct 29, 2018 | 5 minute read

ICO penalty for spam overturned

A fine imposed by the ICO on a company accused of sending millions of unsolicited emails was overturned last month by the Appeal Tribunal[1]. The ICO ...

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Oct 19, 2018 | 5 minute read

Hands off, its mine! Beneficial interests vs creditors’ rights

Litigation partner Alexander Wildschütz discusses one of his recent cases highlighting the impact of invisible third party rights on creditors’ intere ...

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Oct 4, 2018 | 5 minute read

Gifting millions under Lasting Power of Attorney: the JMA case

One of the less talked about implications of losing capacity in old age is that Inheritance Tax (IHT) planning often becomes impossible without court ...

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Oct 1, 2018 | 3 minute read

Fladgate advises Selecta AG on acquisition of Express Vending

Fladgate LLP is pleased to have advised Selecta AG, a portfolio company of Kohlberg Kravis Roberts (KKR), on its acquisition of the entire share capit ...

Aerial neighbourhood 2
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Oct 1, 2018 | 10 minute read

Assured Shorthold Tenancies: more hASTe, less speed

Some market observers estimate that approximately 20% of occupied residential properties – around 5 million households in total – are made up of priva ...

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Sep 21, 2018 | 6 minute read

Restrictions in lease agreements: Competition law matters

The Competition and Markets Authority (CMA) has announced that Heathrow Airport Limited (HAL) has settled a competition law investigation into its lea ...

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Sep 14, 2018 | 10 minute read

Personal data: a global commodity subject to regional rules

The introduction within the EU of the General Data Protection Regulation (GDPR) led to frantic scrambles in the EU to achieve compliance. Such behavio ...

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Sep 11, 2018 | 5 minute read

The (in)adequacy of ATE policies as security for costs

After the Event (ATE) insurance policies provide many advantages to parties to litigation. By providing cover for the adverse costs risks inherent in ...

Architecture
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Sep 6, 2018 | 5 minute read

IHT relief and holiday homes: has the tide turned?

Confidence in claiming Inheritance Tax (IHT) Business Property Relief (BPR) in relation to holiday homes has been at a low ebb in recent years, follow ...

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Aug 16, 2018 | 10 minute read

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

In this briefing we look at two recent Employment Appeal Tribunal (EAT) decisions relevant to dismissal: In the first, Quintiles Commercial UK Ltd v B ...

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Aug 14, 2018 | 1 minute read

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

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 ...

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Aug 10, 2018 | 5 minute read

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

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 c ...

Bitcoin mining farm
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Aug 7, 2018 | 2 minute read

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

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 ...

Construction building framework
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Aug 1, 2018 | 3 minute read

Liquidation speculation and adjudication

Most involved in the construction industry will at some point have encountered insolvency. Institutionally tight margins and weighted risk-sharing reg ...

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Aug 1, 2018 | 4 minute read

New ACAS guidance on suspension and overtime

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 Cour ...

Travel
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Jul 26, 2018 | 5 minute read

Domicile dramas

Many advisers have to grapple with the sometimes difficult question of establishing their client’s domicile. A client’s domicile is fundamentally impo ...

English real estate
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Jun 20, 2018 | 4 minute read

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

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 pr ...

Data servers
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Jun 12, 2018 | 5 minute read

Buyer’s solicitor beware

We now live in a world where identify theft is commonplace and fraudsters are becoming increasingly sophisticated in their pursuit of unsuspecting vic ...

Real estate windows
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Jun 5, 2018 | 2 minute read

Fladgate acts on £92.5m acquisition for Flora Developments Limited

Fladgate LLP acted for Flora Developments Limited, a subsidiary of ABIL Infraprojects Limited, India which is a large Indian construction, real estate ...

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Jun 4, 2018 | 6 minute read

CVAs and leases: What obligations are left if the CVA fails?

Proposing a Company Voluntary Arrangement (CVA) is currently a popular option for companies facing financial difficulties. Creditors of companies such ...

Real estate windows
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May 29, 2018 | 7 minute read

Is software a “good”?

In a recent decision, the Court of Appeal has determined that the Commercial Agents (Council Directive) Regulations 1993 (Regulations) do not apply wh ...

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May 25, 2018 | 7 minute read

Does my new charity need to be registered?

Whatever your reasons are for setting up a charity (perhaps it is for tax reasons or to benefit from business rates relief), here are a few points to ...

City overlapping roads
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May 11, 2018 | 5 minute read

Who should pay for replacing flammable cladding?

First legal case raises more questions than answers The first case on liability for the costs of replacing flammable cladding provides little comfort ...

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May 11, 2018 | 8 minute read

Smart contracts: are they as smart as they sound?

Smart contracts are one of the major developments arising out of the distributed ledger and are intended to simplify how contracts are made and execut ...

Architecture
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May 10, 2018 | 5 minute read

European Unified Patent Court agreement ratified by the UK

On 26 April, the UK ratified the EU’s Unified Patent Court (UPC) agreement. Although much of intellectual property law and practice is already harmoni ...

Architecture dynamic 3
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May 3, 2018 | 10 minute read

Ending the 'meal ticket for life'?

Teresa Cullen and Anna Wakeling explore proposals to reform financial provision on divorce, and the potential impact of such measures. The Divorce (F ...

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May 3, 2018 | 4 minute read

Trustees beware – beneficiaries can ask for more trust information than you think!

Lewis v Tamplin ([2018] EWHC 777 (Ch)) is a useful reminder to trustees and their advisers of the difficulty of resisting requests for disclosure of t ...

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Feb 15, 2018 | 3 minute read

Attorneys and gifts

The Public Guardian’s new ‘Practice Note PN7: giving gifts’ is a must-read for any attorney appointed under an Enduring or Lasting Power of Attorney, ...

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Feb 5, 2018 | 5 minute read

Legal 500 ranks Fladgate’s dispute resolution team

Fladgate LLP is delighted that its dispute resolution team has been ranked in the recently launched 2017 edition of the Legal 500 Guide to the UK Lega ...

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Jan 17, 2018 | 4 minute read

TV format protection - more details needed

Introduction From Bullseye to Mastermind and from The Chase to Eggheads, it is undeniable that the public love a TV game show. Who (in the UK) doesn’ ...

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Jan 2, 2018 | 2 minute read

Fladgate advises Stonehealth Alpha on purchase of portfolio of five health centre properties across the UK

Fladgate LLP has advised Stonehealth Alpha Limited on its acquisition of a portfolio of health centre properties from Octopus Healthcare. The properti ...

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Dec 28, 2017 | 8 minute read

Suspension following disciplinary allegations: neutral act or breach of trust and confidence?

A number of Employment Tribunal and court decisions over recent years have examined the effect of suspending an employee in order to investigate disci ...

Architecture
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Dec 14, 2017 | 5 minute read

Capital Gains Tax and offshore trusts: match fit for April 2018?

The UK’s Autumn Budget contained a welcome lack of new measures affecting the capital gains taxation of offshore (i.e. non-UK) trusts. However, there ...

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Nov 30, 2017 | 5 minute read

The best Christmas present for your family: a discretionary trust?

It’s beginning to look a lot like Christmas out there, as Bing says. Thoughts turn to what gifts to give our family. When it comes to making big gifts ...

City buildings
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Nov 24, 2017 | 6 minute read

Major change to the taxation of commercial property

Radical changes to the taxation of UK real estate were announced in the autumn Budget. Investment into UK real estate has long had a privileged statu ...

Mining
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Nov 13, 2017 | 7 minute read

Mines and minerals – what goes on beneath the surface…

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 m ...

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Oct 9, 2017 | 4 minute read

Fladgate advises founders of Teachers2Parents (T2P) on sale to Education Brands

Fladgate has advised the founders of Teachers2Parents (T2P) on the sale to Education Brands. Many parents will be familiar with T2P’s software, which ...

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Sep 12, 2017 | 3 minute read

Motivating and rewarding key employees through share-based incentives

There are various ways to motivate and reward key employees through share-based incentives. The optimum structure for any given company will depend o ...

City buildings
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Sep 2, 2017 | 8 minute read

Growth shares

What is the purpose of growth shares? Growth shares are used in employee incentive planning. They are often considered when an employer does not qua ...

Court lines 2
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Sep 2, 2017 | 10 minute read

EMI share option plan

What is an EMI share option plan? EMI stands for “Enterprise Management Incentive”. Like any share option plan, an EMI plan involves giving an emplo ...

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Aug 7, 2017 | 7 minute read

New protection for pubs

Since the Localism Act 2011, public houses have been the most popular use of a building/land to be protected as an Asset of Community Value (ACV). A l ...

Construction building framework
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Aug 1, 2017 | 7 minute read

CIS taxation: who is caught by the regime?

The Construction Industry Scheme (CIS) regime was introduced under the Finance Act 2004 to regulate tax on payments between contractors and subcontrac ...

Engineered tunnel
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Jul 19, 2017 | 5 minute read

The Competition Appeal Tribunal’s “fast track” procedure: evening the playing field

Given that most high-profile competition law actions tend to involve the decisions of large-scale regulators following heavily-protracted investigatio ...

Row of new cars for sale P2 DJJJG
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Jul 14, 2017 | 4 minute read

The Technosport case: use of “BMW” brand by independent dealer prohibited

The UK Court of Appeal has recently provided some limited guidance on the fine line between using a brand legitimately to explain to the public the se ...

Architecture grey
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Jul 12, 2017 | 8 minute read

The new Prospectus Regulation

Background The Prospectus Regulation (Regulation) was published in the EU Official Journal on 30 June 2017. This was the final step in a process, ini ...

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Jun 14, 2017 | 6 minute read

Starting as you mean to go on… applications to assign

A common way of securing retail or office space is to take an assignment of a lease from an existing tenant. Leases usually contain a requirement for ...

Data servers
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May 26, 2017 | 10 minute read

Royal Assent received for the Digital Economy Act 2017

New legislation introduced to extend digital connectivity, regulate direct marketing and protect consumers from unexpected phone bills and ticket bots ...

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May 10, 2017 | 5 minute read

Rights to light claim – Developer’s “un-neighbourly” conduct results in an injunction

Overview The Court of Appeal upheld an injunction against a developer sought by a neighbour whose right to light had been infringed by an external st ...

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May 4, 2017 | 5 minute read

Finance Bill 2017: Non-dom tax changes dropped – for now?

The Finance Bill 2017 contained a number of measures altering the way in which long term UK resident non-doms and UK residential property held in cert ...

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May 3, 2017 | 10 minute read

Return of the Mountaineer's Knee

Another look at the Mountaineer’s Knee – Supreme Court revisits SAAMCO in important judgment on the law of damages; clarifies distinction between advi ...

Aerial view of neighbourhood
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Apr 22, 2017 | 15 minute read

Top tips for tenants: SDLT and VAT

Taxes should be at the forefront of a tenant’s mind when taking a lease of new premises or re-gearing an existing lease. This article looks at the SDL ...

Aerial neighbourhood 2
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Apr 5, 2017 | 6 minute read

Hodson Developments secures planning and funding for Chilmington Green Development

Fladgate client Hodson Developments has secured planning and funding to commence a new garden city project near Ashford, Kent, known as the Chilmingto ...

Lights on racing track
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Mar 23, 2017 | 7 minute read

Ilott v Mitson Supreme Court decision: UK testamentary freedom reasserted

Last week, the Supreme Court brought to an end a 13 year legal battle over the late Mrs Jackson’s Will. The Will left virtually all of Mrs Jackson’s a ...

Building rows of windows on corner
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Mar 16, 2017 | 8 minute read

Letters of intent: Legal uncertainty vs commercial reality

Well-drafted letters of intent can be very useful for contractors, but are no substitute for a carefully negotiated and well-managed contract. Here ar ...

Dynamic general
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Mar 9, 2017 | 7 minute read

How to manage UK probate fee increases

Currently most applications made by solicitors for a UK grant of representation for a deceased’s estate incur a flat fee of £155 payable to the Probat ...

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Mar 6, 2017 | 4 minute read

Going off plan

With property prices still increasing, buying “off plan” can seem like a sensible choice to many people. Demand is high for sought after developments, ...

Dynamic real estate 2
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Feb 28, 2017 | 8 minute read

Marathon Asset Management LLP v Seddon: High Court awards £2 in a blow to business protection

Michael McCartney, a partner in Fladgate's employment team, comments on a recent case that has significant repercussions for employers. In the recent ...

Data servers
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Dec 2, 2016 | 5 minute read

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

A recent decision of the High Court in Software Incubator Ltd v Computer Associates UK Ltd has clarified that software is a good for the purposes of a ...

City buildings
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Oct 14, 2016 | 5 minute read

Brexit countdown – legal update as leave approaches

Kiss tariffs goodbye As the most recent Nobel prize winner did not quite sing at Desert Trip in California last weekend: “It’s a hard, it’s a hard, it ...

Rows of empty bottles PCVEHR7
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Sep 23, 2016 | 3 minute read

Fladgate advises on the acquisition of Haché Group

Fladgate LLP has advised on the acquisition of Haché, the multi award-winning gourmet burger group. New owner Hush and its senior management team comp ...

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Sep 16, 2016 | 5 minute read

A look at post-Brexit trademark protection

The fashion powerhouse Christian Louboutin (Louboutin) has been litigating to protect its iconic red-soled shoes since 2011. It began in the United St ...

Bridge
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Sep 12, 2016 | 5 minute read

Offshore construction contracts: Not worth the paper they’re written on?

This article was published on Construction News on 6 September 2016. New arguments over contract terms in offshore construction mean contractors can ...

Soccer field
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Sep 8, 2016 | 5 minute read

Fladgate boosts sports practice with appointment of specialist sports business team

Fladgate LLP is delighted to announce the appointment of a specialist sports sector team. Partner James Earl has joined from Pinsent Masons, together ...

City buildings
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Jul 31, 2016 | 5 minute read

Alterations for occupiers

A lot of time, energy and concentration is spent by tenants settling heads of terms and negotiating the lease when they first look to take a new lease ...

Multicoloured wall
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Jul 26, 2016 | 5 minute read

Getting your foot in the door

A practical problem which has befallen many an occupier: you have found a new unit for trading and agreed heads of terms with the landlord; the lease ...

Real estate windows
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Jul 21, 2016 | 5 minute read

Grant of a lease: What to think about when negotiating Heads of Terms (HoTs)

A good HoTs will answer all key questions which may arise on the grant of a lease, so that negotiation on commercial issues isn’t required further dow ...

Data servers
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Jun 2, 2016 | 4 minute read

The Wadlow Shakespeare?

This article is taken from Paul Howcroft’s blog Art Law London For the last couple of years, I’ve been involved with my client Steve Wadlow in his qu ...

Architecture dynamic 3
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May 5, 2016 | 5 minute read

Pension death benefits and spousal bypass trusts: time to review

This article has been originally published on Helena Luckhurst’s blog The Wealth Lawyer UK April 2015 saw another radical overhaul of the taxati ...

Rows of tshirts
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Feb 17, 2016 | 5 minute read

How can fashion’s greatest designers find a work-life balance?

This article is taken from the latest edition of Fladgate’s Fashion Update. Please email the marketing team on marketing@fladgate.com to be added to t ...

Multicoloured hotel windows
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Dec 23, 2015 | 6 minute read

Communal heating systems – changes in regulations

The Heat Network (Metering and Billing) Regulations 2014 are bringing in a change of legislation that will affect how tenants of buildings with commun ...

Data servers
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Sep 25, 2015 | 12 minute read

Transparency in the UK – new legislation

In 2013 the department for Business, Innovation and Skills (BIS), a department of the UK Government, published a discussion paper the stated purpose o ...

Architecture 3
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Aug 27, 2015 | 6 minute read

Opposing a tenant’s 1954 Act lease renewal – Part 3

This is the third in a series of articles looking at the grounds a landlord can use to oppose a tenant’s lease renewal where the lease is protected by ...

Rows of lockers
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Jul 23, 2015 | 10 minute read

The new Inheritance Tax Residence Nil Rate Band

The Summer Budget Finance Bill (the Finance (No. 2) Bill 2015) has now been published and it contains the draft legislation to implement the new Inher ...

Dynamic Building colourful
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Apr 28, 2015 | 10 minute read

Standard listings - current trends

A couple of years ago we wrote about Standard listings on the Main Market of the London Stock Exchange (LSE), principally in connection with cash shel ...

Dynamic general
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Mar 24, 2015 | 5 minute read

Finance Bill 2015: changes to the tax treatment of B share schemes

The Chancellor of the Exchequer announced, in his Autumn Statement on 3 December 2014, his plans to legislate in the 2015 Finance Bill to remove an ap ...

Architecture dynamic 2
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Mar 23, 2015 | 7 minute read

Opposing a tenant's 1954 Act lease renewal - Part 1

As we know, the Landlord and Tenant Act 1954 was introduced primarily to protect tenants from over-aggressive landlords, following a shortage of comme ...

Architecture dynamic 3
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Mar 5, 2015 | 5 minute read

Can I take instructions from my client's attorney?

You have been managing your client’s money for many years when, out of the blue, you are contacted by someone claiming to be your client’s attorney. T ...

People writing
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Feb 24, 2015 | 7 minute read

Companions to formal meetings

An employee has asked to be accompanied to a grievance meeting by a disruptive colleague. Can we refuse? Not without breaching the ACAS Code of Pract ...

Dynamic Building colourful
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Jan 26, 2015 | 7 minute read

Discrimination on the catwalk

Six years ago, the fashion industry got a wake-up call on race, amid complaints that many shows and magazines only featured white models. Various init ...

Soccer field
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Jan 12, 2015 | 4 minute read

Football manager contracts of employment – key clauses for clubs to consider

These articles are published on www.lawinsport.com As the role of a football manager has become increasingly less stable - particularly at the highes ...

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Oct 1, 2014 | 7 minute read

When key personnel lose capacity

Managing risk is a fact of life for most fashion businesses these days. Often this is done through the constitutional documents that your advisers put ...

Architecture 3
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Jul 8, 2014 | 3 minute read

VIMBOs explained

Owner managers with successful businesses who are approaching retirement are faced with a number of options. One is to sell the business to a third pa ...

Office windows in the city
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Mar 18, 2014 | 5 minute read

IP for Architects

Whilst not forgetting that today is the "good old days" that we shall all look back to in a few years' time, in the real good old days protection of t ...

dynamic purple
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Feb 10, 2014 | 10 minute read

The new UK Statutory Residence Test

A new Statutory Residence Test (SRT) has been introduced with effect from 6 April 2013. HMRC published their long awaited and detailed guidance on the ...

Construction building framework
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Jan 23, 2014 | 5 minute read

Relying on unlawful conduct as a defence

Recent Court of Appeal decisions have reinforced the need to consider carefully the requirements for a defendant to rely on the claimant's unlawful co ...

Reflection of crane in glass building
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Jan 6, 2014 | 6 minute read

Enigmatic variations

Variations are difficult to avoid in construction work, but two recent cases show that there is plenty of scope for disagreement over how they should ...

Dynamic general
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Dec 10, 2013 | 8 minute read

Sending in the bailiffs

Sending the bailiffs in (or "distraining" as it is officially known) is often an effective way of recovering rent arrears. It has been used for centur ...

Architecture
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Oct 21, 2013 | 5 minute read

The wider picture: a guide to international image rights

The basis of image rights differs from region to region, causing confusion especially when it comes to cross-border player transfers. Mark Buckley exp ...

City buildings
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Jun 12, 2013 | 10 minute read

Fund marketing - the new regime

The Financial Conduct Authority (FCA) has published new rules and guidance on the promotion to retail investors of Unregulated Collective Investment S ...

Real estate windows
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Mar 7, 2013 | 7 minute read

Common sense prevails: Court denies commercial tenants the right to enfranchisement

In a recent Supreme Court decision which consolidated two cases the Court has provided much needed clarity and confirmed that property used for commer ...

Briefcases
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Dec 7, 2012 | 8 minute read

The territorial scope of English law employment rights: just how widely can the net be cast?

We consider how the broad approach currently adopted by employment tribunals means employees abroad can argue their way into the UK's jurisdiction. T ...

Rows of empty bottles PCVEHR7
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Oct 29, 2012 | 10 minute read

Cash Shells and Standard Listings

Cash shells or SPACs (special purpose acquisition companies) are purpose-built vehicles with a stock market quote and a board of directors, but no act ...

Large comms dish
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Oct 11, 2012 | ro minute read

The Electronic Communications Code

The Electronic Communications Code (or "Telecoms Code" as it used to be known) is in need of reform. The Code was introduced in 1984 as a result of th ...

Clocks with timezones
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May 24, 2012 | 7 minute read

Certainty at last: TUPE does apply to Administrations

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) provide employees with a number of key protections when the organisati ...

Architecture dynamic 3
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May 9, 2012 | 2 minute read

Family Limited Partnerships

Many people like the idea of creating a trust as part of their succession planning. Trusts enable wealth to be set aside for the next generation, but ...

Rows of pears
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Jan 24, 2012 | 5 minute read

The secret recipe behind Reggae Reggae Sauce

The case of Anthony Bailey and another v Keith Graham and others [2011] EWHC 3098 (Ch) involved a claim brought against Levi Roots relating to the sec ...

Steps to Bank of England
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Dec 2, 2011 | 8 minute read

Creation of a sub-fund may be administration, not variation of beneficial interests

Where, in the administration of a trust, the trustees desire to carry out a transaction that they consider to be "expedient", but find that they do no ...

City buildings
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Aug 22, 2011 | 6 minute read

Tax efficient investments for German investors

This article gives interesting insights into tax structuring opportunities for German investors in the United Kingdom. Fladgate LLP is one of the mark ...

Office windows in the city
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Jan 6, 2011 | 10 minute read

Old dog, new tricks? Varying lease terms through CVAs

Recessions always lead to innovations and developments in insolvency law, as tools designed during periods of economic stability are exposed to the st ...

dynamic purple
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Sep 2, 2010 | 5 minute read

Compensation in discrimination claims post-Chagger

In the case of Chagger v Abbey National, the Court of Appeal set out important guidelines that could significantly increase the level of compensation ...