Fladgate

Experts

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Katya Vagner
Solicitor
Fladgate
Kelly Whiter
Partner
Fladgate
Nathan Evans
Partner - Solicitor
Fladgate
Tim Wright
Partner
Fladgate
Contributions by Fladgate

6

Construction insurance—overlap between the works and existing buildings
Construction insurance—overlap between the works and existing buildings
Practice notes

This Practice Note considers insurance for construction projects where the works are being carried out either within or adjacent to existing buildings. This Practice Note explains the options for insuring existing buildings, how the JCT contracts deal with the issue, and which party should be taking out the insurance policy. The note also explains the difficulties which arise in practice when works are being carried out in an existing building and tenants are in place.

Mediation of construction disputes
Mediation of construction disputes
Practice notes

This Practice Note considers mediation as a strategy for resolving construction disputes. It also looks at the typical procedure for a mediation.

Non-negligent insurance
Non-negligent insurance
Practice notes

This Practice Note looks at non-negligent damage and the insurance available to provide cover in respect of this risk.

Project specific insurance policies
Project specific insurance policies
Practice notes

This Practice Note examines project policies which can be taken out in respect of a specific project—it looks at what is, and is not, covered by such insurance and at who it covers. The note considers when a project policy may be appropriate and also looks at the availability of decennial insurance.

Terrorism—risk and insurance for construction projects
Terrorism—risk and insurance for construction projects
Practice notes

This Practice Note looks at how standard form construction contracts allocate the risk of terrorism (particularly the JCT contracts). It also explains ‘Pool Re’ cover, which provides insurance cover against some terrorism-related risks.

When is mediation appropriate for a construction dispute?
When is mediation appropriate for a construction dispute?
Practice notes

This Practice Note considers the types of construction dispute that mediation is most suited to (and those to which it is less likely to be suited). It also highlights the advantages of mediation in resolving construction disputes.

Contributions by Fladgate Experts

27

Applying under the Representative of an Overseas Business route
Applying under the Representative of an Overseas Business route
Practice notes

This Practice Note outlines the eligibility requirements and procedure (including application form and fee information) for making an application under the Representative of an Overseas Business route. It looks at the English-language, financial, suitability and validity requirements, period and conditions of permission, dependants, and applications for settlement after five years. The route has been closed to new entrants under the sole representative provisions since 11 April 2022, but remains fully open to media representatives.

Drafting and advising on an invitation to tender (ITT) for private procurement
Drafting and advising on an invitation to tender (ITT) for private procurement
Practice notes

This Practice Note provides practical guidance when drafting and advising on an invitation to tender (also known as a request for proposal) in the context of a commercial private procurement transaction. It includes considerations on preparation and planning, confidentiality and intellectual property, approach, legal status, key issues, drafting considerations, contractual terms and conditions, evaluation criteria, stakeholder management and cross-border issues.

IHT and close companies
IHT and close companies
Practice notes

This Practice Note, written by Katya Vagner of Fladgate, explains the three main instances when inheritance tax (IHT) applies to transfers of value to and from close companies, including gifts to or from a close company and the alteration of a company's share capital. It also covers exceptions to the general rules and special rules applicable to trustees.

IHT—quick succession relief
IHT—quick succession relief
Practice notes

This Practice Note explains the inheritance tax (IHT) relief available to estates where a beneficiary who has inherited or received a lifetime chargeable gift of assets themselves dies within five years of the first IHT charge, ie where there are two deaths within a five year period such that the same assets would otherwise be fully chargeable to IHT twice. It covers the application of quick succession relief (QSR) against successive charges to IHT under section 141 of the Inheritance Tax Act 1984, the interaction with other IHT reliefs and includes some planning points while noting that of course it is not generally possible to plan for the application of this relief.

IHT—reduced (36%) rate for estates leaving 10% or more to charity
IHT—reduced (36%) rate for estates leaving 10% or more to charity
Practice notes

This Practice Note explains the circumstances in which a reduced rate of inheritance tax (IHT) is available for estates where 10% or more of the estate is left to a charity or registered club, such that the remainder of the estate or relevant component is liable to IHT at the rate of 36% rather than 40%. It covers the calculations required to ascertain the value of the net estate for the purposes of qualifying for the reduced rate and includes an outline draft calculation. It also deals with the election to merge components and wider issues such as the interaction between the reduced rate and IHT reliefs including quick succession relief, agricultural property relief and business property relief.

IHT—use of discretionary Will trusts
IHT—use of discretionary Will trusts
Practice notes

This Practice Note considers the use of discretionary trusts in Wills (eg NRBDTs and other types of discretionary Will trust) and the potential benefits of their use for inheritance tax (IHT) and other purposes under section 144 of the Inheritance Tax Act 1984. It covers why discretionary Will trusts are used, the IHT treatment of such trusts and highlights some traps and planning points for practitioners to be aware of. It also compares the position to variations of Wills or entitlements on intestacy.

IT contracts in the public sector
IT contracts in the public sector
Practice notes

This Practice Note gives an overview of the processes, issues and landscape for technology practitioners working in public procurement. It explores public procurement principles, framework agreements, the digital marketplace and model contracts.

Intra-group services agreement
Intra-group services agreement
Precedents

This Precedent intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and, as such, it is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

Intra-group services agreement—international
Intra-group services agreement—international
Precedents

This Precedent international intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and where the supplier company is located in a jurisdiction other than England and Wales. The Precedent is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

Manufacturing agreement—pro-customer
Manufacturing agreement—pro-customer
Precedents

This Precedent manufacturing agreement is for use where a manufacturer manufactures product on behalf of a customer, and is drafted with a pro-customer bias. This manufacturing agreement assumes that the customer supplies the design specification for the product and the manufacturer provides the raw materials and packaging for the manufacture of the product. An optional exclusivity clause is included requiring the manufacturer to only manufacture the product for the customer. In this Precedent manufacturing agreement, the customer retains the ownership of all intellectual property rights in the product manufactured and any improvements relating solely to the product. It is assumed that tooling is supplied by the manufacturer as part of the price.

Manufacturing agreement—pro-manufacturer
Manufacturing agreement—pro-manufacturer
Precedents

This Precedent manufacturing agreement is for use where a manufacturer manufactures product on behalf of a customer, and is drafted with a pro-manufacturer bias. This manufacturing agreement assumes that the customer supplies the design specification for the product and the manufacturer provides the raw materials and packaging for the manufacture of the product. In this Precedent manufacturing agreement, each party retains ownership of all intellectual property rights that they bring to the arrangement and any improvements created by them. It is assumed that tooling is supplied by the manufacturer as part of the price.

Other Work
Transfer of shares where right of first offer (ROFO), drag along and tag along provisions apply—flowchart
Transfer of shares where right of first offer (ROFO), drag along and tag along provisions apply—flowchart

This flowchart, produced in partnership with Anthony Shatz of Fladgate LLP, illustrates the steps to be taken and the issues to consider in relation to a transfer of shares in a joint venture company (JVC) with right of first offer (ROFO), drag along and tag along provisions included in its articles of association/shareholders’ agreement.

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