Tag Archives: Fladgate

ILN Today Post

Fladgate advises London Executive Offices on acquisition of new 10 year lease from Great Portland Estates

Fladgate LLP has advised London Executive Offices Limited on its acquisition of a new 10 year lease from Great Portland Estates in their 30 Broadwick Street development.   The letting was of the last vacant floor in the scheme.

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Reasonable Care v. Fitness for Purpose

At first glance, one may assume that a case concerning offshore windfarms would be of little interest to developers outside the energy sector.  However, the outcome of the recent MT Højgaard E.ON case has a wider impact when considering design obligations under a building contract.

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Lessons from Carillion: directors’ duties and practical tips

With the Commons Select Committee inquiry into Carillion in full swing, the press reports feature sensational allegations at the directors and former directors. The FCA is looking into the market announcements that were made pre-liquidation, one shareholder is calling for an investigation into management and the Chair of the Work and Pensions Committee has described a situation where investors were “fleeing for the hills”.

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Limitation periods and standstill agreements: How can they impact your claims?

Claims arising from construction projects often require consideration of the law of limitation.

Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature and timeline of projects, where numerous parties are involved, the period from commencement through to completion can span many years, and the parties’ liabilities extend beyond completion.

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Has HMRC called time on Inheritance Tax planning?

Clients intending to carry out Inheritance Tax (IHT) planning in relation to their assets should consider completing their planning ahead of the 1 April 2018 changes to the DOTAS Regulations, as they apply to IHT.

The Disclosure of Tax Avoidance Schemes (DOTAS) regime is not new but, to date, its application to IHT has been relatively limited.  Not any more.  When it applies, the DOTAS regime requires advisers to notify HMRC of their client’s IHT planning and to provide their client with the number HMRC gives them for that planning.  Of course, this gives HMRC notice of the planning and an opportunity to investigate it, so not surprisingly some clients will be put off carrying out IHT planning if a DOTAS notification needs to be made to HMRC about it.

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Carillion creditors: urgent steps to protect your position

On 15 January 2018 Carillion PLC and a number of its subsidiary companies (Carillion) went into liquidation, with the High Court appointing the Official Receiver as liquidator and six partners of PWC as special managers.

Those clients who have contracts with Carillion or who are owed money may find the following guidance useful:

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Brexit and family law – the painful divorce?

Since the referendum on the UK’s membership of the European Union, commentators have regularly compared our departure from Europe to a couple divorcing. It is self-evident that some of the issues that will need to be addressed are similar; finances have to be sorted out, assets and liabilities must be divided, the “family” future must be determined and there is the thorny question of who can/will live where.

Within the UK we have three distinct jurisdictions: England and Wales, Scotland and Northern Ireland. Each has its own legal principles and jurisprudence in the field of family law (albeit with some commonality). Put this against the background of approximately 3 million EU citizens living in the UK and approximately 1 million British citizens living in other EU member states (never mind those British citizens who have married or who are in a cohabiting relationship with a non-Brit) and the issues to be discussed become much trickier.

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Funding the Belt and Road: The challenges of attracting private investment

After the ambition of the Beijing summit, back in May 2017, comes the reality of financing the Belt and Road initiative (BRI).  How might the risks of building and operating BRI schemes be spread and what will be the role for private investment?

Notwithstanding China’s substantial foreign currency reserves which are being made available for investment, the BRI is so vast in its ambition that China simply does not have the money to publicly fund all BRI schemes.  Furthermore, unless BRI risks are carefully spread, there could be real concerns about China’s return on investment and the ability of some countries with poor credit ratings to repay any BRI loans.

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Coty scents competition law victory for brand owners

In a much anticipated judgment, the European Court of Justice of the European Union (ECJ) has determined that EU competition law does not prevent luxury brands imposing restrictions on the use by distributors of third party e-commerce platforms. The judgment confirms the opinion expressed by the Advocate General to the court (see https://www.fladgate.com/2017/08/eu-general-court-opinion-delivers-boost-brands-selling-online/) that such restrictions can be permitted where they are necessary to preserve brand image.

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One Belt, One Road – addressing legal challenges to harness global opportunity in the rail sector

The “One Belt, One Road” (OBOR) initiative – or the “new Silk Road” as it is often referred to – is China’s grand vision for the creation of co-ordinated trade routes on both land and sea.  Spanning 65 countries, when completed it would give industry freight access to over 60% of the world’s population and create significant new opportunities for trade integration.

The “Road” part of the project is to connect shipping routes via major ports from China to Africa and Europe. The “Belt”, more ambitiously, involves the creation of a transnational railway connecting Asia, Russia and Europe, with journeys potentially taking as little as eight days from end to end.

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