Tag Archives: Fladgate LLP

ILN Today Post

Don’t Be Late! Court finds a genuine mistake is no justification

In a timeous reminder of the importance of adhering to court deadlines, in BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor[1] the court refused an application for relief from sanctions where a costs budget was served late a consequence of which the defaulting party was to be limited to only recovering court fees in the event of success at trial. This was despite an undertaking by the defaulting party’s solicitors to cover both parties’ costs on an indemnity basis for the CCMC and a further CCMC if required, regardless of the outcome of those hearings.

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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 freely between the two parties on the basis that there are strong protective guarantees in place.

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‘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’s liability for liquidated damages, commencing the defects liability period and passing possession of the works to the employer. The term is almost universally used in the construction industry, yet, despite its significance, is not legally defined and is readily left undefined in building contracts. What then does the term PC actually mean? This question was recently considered in Mears v Costplan.[1]

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What’s settled in the board room stays in the board room. Or does it?

The Court of Appeal has handed down another significant judgment on the topic of legal professional privilege. In WH Holding Ltd & Anor v E20 Stadium LLP[1], the Court clarified that litigation privilege does not extend to purely commercial communications within a company discussing proposals for settlement. The decision also addresses the Court’s approach to applications for inspection where a claim for privilege is challenged.

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Fladgate’s Corporate team is further strengthened with the appointment of outsourcing and technology partner Tim Wright

Fladgate is delighted to announce the appointment of Corporate partner Tim Wright.

Tim joins having previously led the global sourcing practice group at Pillsbury Winthrop Shaw Pittman LLP in London. He specialises in complex, often cross-border, commercial, technology and outsourcing transactions, with a particular focus on the financial services, healthcare and technology sectors. He is recognised by leading directories including Chambers and Legal 500.

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Airspace leases: property out of thin air

It is the desire of almost every property investor to make their assets “sweat” by maximising the income available from them. One way investors achieve this is by granting leases of the airspace above their properties. Investors may, for example, lease the airspace to a developer who can help them improve the density of their building by adding a floor or more. Alternatively, the investor may lease the airspace to a tenant who will install telecommunications equipment or solar panels on the roof. This article presents the questions an investor has to ask before embarking on this route, as it is littered with potential issues. It assumes that you are an investor looking to lease airspace to a developer, to improve the density of your asset.

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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 valuation can be circumvented.

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Just Don’t Do It: Nike’s LDNR campaign halted by UK IP court

Fladgate IP associate Ben Milloy was recently invited by the European Intellectual Property Review to discuss the decision in Frank Industries Pty Ltd v Nike Retail BV, stopping Nike’s LDNR ad campaign.

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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 currently determined under the rules of the Regulation (EC) No 593/2008. Known as the Rome I Regulation, its rules stipulate that the courts of all EU member states will recognise and enforce whatever the commercial parties have agreed in respect of applicable laws. It is not uncommon that contract litigation pending in an English court will be decided in line with the rules of foreign laws, if that is what the parties have agreed. Most international trade contracts will contain a series of clauses. Will the existing options be affected by Brexit, and how will Brexit impact on future contracts?

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High Court blocks £1-3bn data protection claims against Google

In a recent decision relating to the violation of consumer data privacy, the Court has set out helpful guidance regarding claims brought under the Data Protection Act 1998, as well as in respect of the conditions which must be satisfied for a representative action for breach of data privacy to be brought (Lloyd v.Google LLC [2018] EWHC (QB) 2599).

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