Tag Archives: Fladgate LLP

ILN Today Post

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 lose their jobs. Economic, social and quality of life issues loom. Much of this pain may be unavoidable.

But do not despair. There is a solution. There is a lot more that government and the business community can do to ease the pain. Investors have capital they are willing to invest in the SME space.

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Useful guidance for insured clients dealing with COVID-19 claims

There has been a great deal in the press recently about insurers rejecting coronavirus claims and disappointed policy-holders. Some of those speaking publicly on behalf of the insurance industry have not done much to dispel the confusion and get to the nub of the issue. The issue is not one of what the insurer “intended” to cover. It is a matter of what the policy says. We have had numerous enquiries from clients with questions about insurance policies and potential claims.

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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 faced an increased risk from a range of established and emerging cybersecurity threats, such phishing attacks which seek to introduce malware capable of compromising sensitive business information, ransomware and other fraud campaigns. The risk of huge fines under the GDPR means that cyber security has become a board-level issue, as well as a focus for regulators. Read more…

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Aviation Update: Common themes in times of crisis

The Aviation (Enforcement and Recovery) team has been advising clients on issues arising from the current crisis. Three main themes emerge from the current challenges in the airline sector:

1.) Airline insolvency risk.  A number of leasing companies have claims for unpaid rent and maintenance rent. These claims can be pursued by:

  • applying security deposits and enforcing other security; and/or
  • issuing proceedings in the High Court – which will effectively come to halt if the airline then goes into a formal insolvency process; and/or
  • Instigating insolvency proceedings against the airline; and/or
  • Exercising proprietary rights such as arresting and taking possession of the aircraft, with the assistance of a court order or injunction in the relevant location.

Read more…

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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 temperature self-isolates for at least 7 days.

With the FM sector already facing some headwinds such as the fallout of Carillion and other high profile insolvencies, the prolonged uncertainty caused by Brexit, concerns that new immigration rules may lead to staff shortages, and the impact of IR35 on the contingent workforce, some of the main challenges and issues for the Facilities Management sector are summarised below: Read more…

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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 British Airways (BA) must pay a substantive fine for breach of the GDPR, in relation to a data breach that BA suffered in June 2018.  The reports state that the incident in part involved user traffic to the BA website being diverted to a fraudulent site, as a result of which customer details were harvested by the attackers. Personal data of approximately 500,000 customers were compromised in this incident.

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Fladgate strengthens Tax team with new Partner appointment, Helen Cox

Fladgate is delighted to announce the appointment of Tax Partner Helen Cox, who joins from Mishcon de Reya.

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Tate Modern: A story of legal nuisance, glass walls and net curtains

It is established law that a claim can be brought by one landowner against his neighbour in “nuisance”. Such a claim can arise in the event that the neighbour is doing something on his land which is causing a problem to the first landowner.

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A Director’s Duty

When a company is solvent, the primary duty imposed on directors is to promote the success of the company for the benefit of its shareholders.  This duty is codified at section 172(1) of the Companies Act 2006. However, that position changes when a company is insolvent, or close to insolvency.

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What Lies Beneath: beware documents hidden in the contract bundle

The recent decision of Clancy Docwra Ltd v E.On Energy Solutions Ltd[1] is a useful reminder to parties to be clear on how works in a construction contract are defined and incorporated.

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