Tag Archives: Fladgate LLP

ILN Today Post

Limitation for contribution claims – take care

In commercial disputes, it is not unusual for the claimant’s losses to be caused (or contributed to) by a number of different parties.  For instance, the claimant may have elected to pursue the party with the deepest pockets, or the loss may have been caused by one of the defendant’s subcontractors.  In such circumstances, the defendant may be entitled to seek a contribution from these other parties under the Civil Liability (Contribution) Act 1978, either by joining them to existing proceedings or by starting a new claim.

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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 when the agent in question is engaged in respect of the sale of tangible property – electronic goods cannot be regarded as such. Thus agents engaged in the sale of electronic items (such as computer code or software) should be aware that they may not be provided with the protections offered by the Regulations and should take steps to ensure that appropriate contractual protections are in place.

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Fast-tracking London lease renewals

On 1 January 2018 the Central London County Court (“CLCC”) commenced a pilot scheme to deal with unopposed business lease renewals pursuant to the Landlord and Tenant Act 1954 (“1954 Act”). Landlords and tenants of Central London properties need to be aware of this.

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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 executed.   This briefing considers what they are and how they fit into the law of contract.

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Trustees beware – beneficiaries can ask for more trust information than you think! Helena Luckhurst discusses the recent case of Lewis v Tamplin, and provides useful guidance for trustees and their advisers.

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 trust documents from trust beneficiaries, where the purpose of the request is to obtain information about the trust, its assets and the trustees’ stewardship of them, to enable the beneficiaries to hold trustees to account in their dealings with the trust assets.

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Victory for RBS in its long-running defence of Property Alliance Group’s high-stakes LIBOR claim

An appeal brought by property investment and development business Property Alliance Group Limited (PAG) in its long-running case against the Royal Bank of Scotland (RBS) has been dismissed by the Court of Appeal.  PAG was refused permission to appeal the decision to the Supreme Court, which brings to an end the first civil proceedings involving allegations of LIBOR manipulation to reach trial.

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Can cryptocurrencies handle the spotlight?

On 22 February 2018 the UK Parliament announced it will be launching an inquiry into cryptocurrencies to examine the role of digital currencies in the UK; both the risks and opportunities.

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Fladgate advises on sale of Wembley Point site in Brent

Fladgate LLP has advised on the sale of the extensive Wembley Point site in Brent on behalf of off-shore clients of Bravo Investment House to Canada Israel Group.

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Two LCIA arbitrations for the price of one?

How do you commence an LCIA arbitration if you have claims under several similar contracts against one party? Can you really get two LCIA arbitrations for the price of one? The recent decision by the Commercial Court highlights a trap into which the unwary could fall.

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Fladgate advises Paul Smith on new store acquisition at Coal Drops Yard

Fladgate LLP has advised British designer Paul Smith on the acquisition of a new store at Coal Drops Yard, King’s Cross.

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