Tag Archives: Fladgate

ILN Today Post

CDM Regulations: On a role

his article was previously published in Building on 29 May 2015

The Construction (Design and Management) Regulations 2015 came into force last month, but misunderstandings remain over principal designers and CDM co-ordinators.

So, 6 April 2015 has come and gone, CDM 2015 is now in force and we must all work out exactly how to comply with it. There seem to be various misunderstandings around, particularly over principal designers and CDM co-ordinators. For instance: More…

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ILN Today Post

The “blame culture” targeting directors is here to stay: Some practical steps to protect directors from litigation

Over the last decade the business world has changed forever. Corporate scandals on a considerable scale, amendments to securities regulations worldwide, increased shareholder awareness and extended rules on corporate governance have made being a company director in the 21st century an increasingly difficult task.

Directors have always been bound by many duties arising under jurisdictional laws and even from imputation of personal liability solely due to their position. The difference in today’s world is that stakeholders have far greater forms of remedy against directors and more of a “blame culture” has developed, increasing the appetite for litigation.

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ILN Today Post

Conclusivity of Final Certificates in JCT contracts

Sir Francis Bacon once wrote: “If a man will begin with certainties, he shall end in doubts”.

However, the decision in the recent case of Marc Gilbard v OD Developmentsconfirmed that any doubt as to the certainty afforded by a Final Certificate which a JCT or similar contract states is to be conclusive can be put aside. Parties who wish to dispute such a certificate must act quickly to protect their entitlements, or face losing them for good. More…

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The strange world of private art sales

I am often contacted by new or existing clients who are putting together a deal for the sale of some work of art, usually for an eye-watering amount.

These people are not the current owners, nor the proposed purchasers, but something in between: agents, advisors, introducers, dealers, and often not quite sure themselves.  They are sole traders whose only capital is their art market connections. They usually see themselves as being on the side of the buyer or seller, but sometimes both or neither.  They might be part of a chain of such people that will link the buyer and seller, or they are to one side of the chain.  Rarely will the art pass through their hands, either physically or by ownership.  Their interest is in some percentage or lump sum, but from whom, under what obligation and in what circumstances can be unclear.
No one knows the identity of everyone involved. Parties prefer to be confidential, and for a link in the chain to introduce the links on either side to each other would risk the in-between link being bypassed. The work of art is usually known, and so there is probably an owner ready to sell, but no one is sure if the ultimate buyer is in place, or still being sought.  If in place, unknown alternative chains might already be forming between the buyer and seller.
I can be asked to help to get the deal off the ground.  A lawyer’s ‘letter of intent’ seems to make an impression, because I am often asked to do one.  However, the letter will be carefully drafted to avoid any commitment, and all it really shows is that a lawyer has been brought in, which I suppose indicates some level of intent.
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ANY SHADE OF GREY: UK COURT RULING AFFIRMS TOUGH EU FREE MOVEMENT OF GOODS RULES

Elegant gray tie on a blackIP owners continue to get punishment dished out to them, and not on a consensual basis.   A recent decision of the UK’s Court of Appeal has reviewed the rules that dictate when parallel (or “grey”) market product can be rebranded to match the brand used by the market leader in the national market concerned.

The scope of the Court’s powers to effectively ignore what would be a blatant infringement of IP in the name of the single EU market may come as a surprise to some IP owners.

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Sotheby’s wins The Cardsharps case

We now have the keenly awaited High Court judgment in The Cardsharps case. 
 
This was a negligence claim against Sotheby’s who had advised a Mr Lancelot Thwaytes in 2006 that his painting of The Cardsharps was a copy of Caravaggio’s painting of that name, currently in the Kimbell Art Museum in Fort Worth, Texas. Sotheby’s described Mr Thwaytes’ painting as being by a “Follower of Caravaggio” and, as a result, that was the basis on which it was auctioned by them, selling for £42,000.
 
The lady who bought it did so on behalf of her friend Sir Denis Mahon, who was described by the judge as “a lifelong Caravaggio scholar of great renown”.  In November 2007, at a party to celebrate his 97thbirthday, Sir Denis announced to the world that after cleaning, restoration, extensive investigations, and input from other experts, it was clear that the painting was a replica painted by Caravaggio himself, and therefore worth many millions of pounds.  Needless to say, Mr Thwaytes was rather miffed to hear this.  He brought a claim against Sotheby’s for damages for negligence.  Rather than claiming and having to prove that Sir Denis had been right and Sotheby’s had got it wrong, which Sotheby’s and some experts still do not accept, the claim was that Sotheby’s failed to spot that the painting had “Caravaggio potential”.
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ILN Today Post

German lawyers cause damage in Germany

An English broker of derivative investments has brought a claim against a German law firm, claiming that the firm wrongfully induced the broker’s clients to breach their contracts by persuading them to bring claims against the brokers in Germany in breach of exclusive jurisdiction clauses in favour of the English court.

The broker claimed that the lawyers had induced 70 of their former clients to bring claims in Germany, in which they acted for the claimants, resulting in financial losses in excess of £2 million, including the costs of defending and settling those claims. More…

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Warburg confirms independence

My daily walks between station and office take me past the Warburg Institute, housed in a drab 1950s building in Woburn Square.  My knowledge of the Institute was until now limited to a vague recollection that the disgraced art historian and Soviet spy Sir Anthony Blunt had the title of Warburg Institute Professor. I could not find that on the Institute’s website, but perhaps it would prefer to be known for other things.  That should now be helped, at least in the English legal world, by the judgment in University of London v John Prag and HM Attorney General [2014] EWHC 3564 (Ch).

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ILN Today Post

Japanese knotweed – what’s the problem?

Japanese knotweed was originally imported from Japan as an ornamental plant, admired for its attractive white flowers. The plant’s aesthetic qualities, however, have long been overshadowed by its reputation as an invasive and destructive species, which can outmuscle other vegetation and cause serious structural damage to buildings.

In view of its possible impact on a property’s market value, as well as potentially expensive and protracted remedial works (its eradication from the 2012 Olympic site in Stratford is thought to have cost £70 million), it pays to address any knotweed growing on your land at the earliest opportunity. But what can you do if the problem is posed by knotweed growing on a neighbour’s property? More…

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ILN Today Post

London’s soaring retail property fortunes

This article is taken from the latest edition of Fladgate’s Fashion Update. Please email the marketing team on marketing@fladgate.com to be added to the mailing list for future updates.

It is fair to say that the UK high street has taken a bit of a battering over the past few years. It has been reported that one in six shops across the UK lies empty. A number of household names have vanished and demand for the resulting vacant premises has been low. More…

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