Tag Archives: Fladgate LLP

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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 intervention.  Incapable wealthy family members cannot make gifts because they lack the capacity to authorise them.  Even if they have had the foresight to sign a Property & Financial Affairs Lasting Power of Attorney, by law an attorney’s ability to make gifts is extremely limited and this cannot be overridden by any terms placed in the Lasting Power.  If the member lacks capacity and there is going to be a big IHT bill to pay on their death, the only option is to make an application to the Court of Protection for authority to make a substantial gift.

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New trends in construction procurement

Parties carrying out construction work often assume that either standard (or traditional) procurement or design and build procurement should be used to procure their projects, particularly when third party development funding is being obtained.  However we are seeing a clear trend towards parties selecting other procurement routes to suit their particular projects and lenders being willing to fund such projects.

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The unintended consequences of high rents in long leases

When long leases are granted the intentions of the parties are usually to grant a long lease to the leaseholder, for which a high premium is paid, with a ground rent that varies but is generally nominal when viewed in relation to the premium paid for the lease. However, when the ground rent is looked at in isolation (as there is currently no legislation which provides for any other view to be taken) it can have the unintended consequence of the lease being deemed an Assured Shorthold Tenancy (AST) which can impact the leaseholder and any lender with a charge on the leasehold property.

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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 privately rented accommodation.

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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 lease agreement with a hotel operator, Arora.[1]  The settlement was reached on the basis that HAL accepted it had breached the competition law rules, paid a fine of £1.6 million, and removed the offending restriction.  Arora also admitted the breach, but escaped any financial sanction as it was granted leniency for bringing the matter to the CMA’s attention in the first instance.

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Partnering with celebrity chefs: How to get it right first time

Hotels have long recognised the value that on-site restaurants can bring to their offering.  They are increasingly joining forces with celebrity chefs to forge partnerships aiming to run restaurants of distinction and culinary sophistication.

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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 campaign. The case highlights, with hindsight, a perhaps regrettable commercial/legal decision by the sports giant, whilst also demonstrating the usefulness of the IPEC as a means of speedy and effective redress in David vs Goliath disputes.

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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 Barongo, the EAT considered whether an Employment Tribunal had been correct in deciding that a dismissal for a first offence of misconduct had been automatically unfair where the conduct in question had been serious, but not “gross”, misconduct; Afzal v East London Pizza Ltd T/A Dominos Pizza, on the other hand, addressed the crucial question of whether the ACAS Code of Practice on Disciplinary and Grievance Procedures has wider application to dismissals for some other substantial reason.

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Liquidation speculation and adjudication

Most involved in the construction industry will at some point have encountered insolvency. Institutionally tight margins and weighted risk-sharing regrettably have pushed and will continue to push companies, particularly on the contracting side, to the wall.  Insolvency during live construction projects can be particularly problematic because replacement contractors need to be procured to complete the insolvent company’s works without causing delay to the project programme.  This inevitably increases cost.

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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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