General

  • Disputes in the EU - Rules on Applicable Law

    Where a dispute has a foreign element, one of the common problems is deciding under what jurisdiction legal action should be taken. This is avoided in many commercial contracts by specifying the applicable law in the contract, but in consumer contracts there...

  • Franchise dangers for the franchisee.

    Franchise dangers

  • A costly e-commerce mistake

    E-commerce typo costs hotel dear

  • ASA rules that envelopes must be clearly marked to show they contain marketing material

    ASA rules that envelopes must be clearly marked to show they contain marketing material

  • Abuse of process: robust case management guidance from Court of Appeal

    In Stuart v Linde and others [2008] EWCA Civ 2 , the Court of Appeal allowed an appeal against a decision striking out a claim on the ground that it was an abuse of process. The issue in the case was whether it was an abuse of process to bring a second...

  • Abuse of process: robust case management guidance from Court of Appeal

    striking out application was an abuse of process

  • Agency workers and employment status.

    Agency workers and employment status.

  • Assessing liability-direct and consequential losses<

    Liability types

  • BERR consults on consumer law

    BERR consults on consumer law

  • Bank Deposit Protection Rules for Businesses

    In December 2010, new limits were announced for the levels of protection available for different investments underwritten by the Financial Services Compensation Scheme (FSCS). The FSCS protects the deposits of small companies, which are those which meet...

  • Bank overdraft fees test case

    Bank overdraft fees test case

  • Beat the commute and regain the work-life balance

    Flexible working

  • Bogus online reviews face ban

    fake reviews and sales to end

  • Bonds and guarantees-knowing the difference

    Bonds and guarantees

  • Boycott Wal-Mart website allowed

    Boycott Walmart site allowed.

  • Bribery Act Guidance

    The Government has now published final guidance for businesses on complying with the Bribery Act 2010 . The implementation of the Act, originally scheduled for April this year, was delayed to allow time for the guidance to be finalised. The Act comes into...

  • Business Relief - Traps for the Unwary

    Most business people know that for family businesses there are generous Inheritance Tax (IHT) reliefs, which generally operate to make assets used in the business exempt or partially exempt from IHT. The reliefs take various forms, but are  have been...

  • Businesses and disputed debts

    Businesses must pay up undisputed amounts to avoid punitive interest

  • Buying from an Administrator - Take Care

    With businesses becoming insolvent in large numbers, opportunities abound to acquire assets from their administrators. However, the low prices sought for the assets are due, at least in part, to the additional risk to the purchaser. Here are some of the...

  • Capital gains tax reform-Chancellor announces concession for entrepreneurs

    Capital gains tax reform: Chancellor announces concession for entrepreneurs

  • Capping liability

    Commerical exclusion of liability clause

  • Cash rewards for tax informants

    Cash rewards for grassing on VAT and custom cheats

  • Celebrity and privacy

    Privacy laws and celebrities.

  • Claiming breach of warranty

    Breach of warranty

  • Class action over football shirts

    JJB may be sued by Which? consumer group for unfair pricing cartel costs to customers.

  • Commercial agency case clarifies calculation of compensation

    Commercial agents commission recalculated

  • Companies Act 2006 Overview

    The Companies Act 2006 became fully effective from October 1st 2009. Here are some useful sources of information on the Act. For more information and advice on your circumstances, contact us. Companies House Overview . Changes which came into...

  • >Companies Act 2006: access to register of members: ICSA guidance

    Register of members-improper access

  • Companies Act Model Articles - Think First

    Since the Companies Act 2006  came into effect, the incorporation of a company has been straightforward as the Act provides an easy to use set of model articles of incorporation. However, before you rush off and buy an ‘off the...

  • Company Name Rules

    You cannot incorporate a company using any name you like. Some names are prohibited (for example, those which suggest a connection with the Government or the Crown) and names will not be allowed if they are too similar to the names of existing companies. It...

  • Company Disclosure Rules

    The Companies (Trading Disclosures) Regulations 2008 set out the the requirements as to where and when company trading names, names of directors etc. need to be shown. The Statutory Instrument implementing the changes is both short and straightforward. In...

  • Company Formation Checklist

    You may have come across advertisements which make forming a company sound very easy, but before you go ahead there are some serious issues to think through. If you have decided that a company is the best vehicle for your new venture then here is a...

  • Company Late Filing Fees

    Companies filing their accounts after the due date are subject to late filing penalties which were last changed in February 2009. Private companies are required to file their accounts within 10 months of the end of the accounting period. Those that file...

  • Compromise agreements-conditional payment terms allowed for clawback

    Compromise agreements-conditional payment terms allowed for clawback

  • Consequential loss exclusion provision needs clearer expression

    Consequential loss exclusion provision needs clearer expression

  • Considering Outsourcing

    These days more and more processes are being outsourced (run by external contractors under a service agreement) by more and more businesses. It is particularly common to outsource IT functions and telephone call management. Outsourcing can offer many...

  • Contract: correction of mistakes

    In KPMG LLP v Network Rail Infrastructure Ltd , part of a break clause in a lease executed in 1985 had no obvious meaning and was difficult to construe; comparison with an earlier draft of the lease appended to an agreement for a lease signed in 1974,...

  • Contractors Are Your Responsibility

    A handbook  produced by the Health and Safety Executive (HSE) outlines the responsibilities of both the contractor and the client in situations in which work is carried out by contractors rather then employees. It does not apply to circumstances in...

  • Contracts-proposals for overhaul

    Contracts changes proposed.

  • Corporate Manslaughter and Corporate Homicide Bill back on track

    Corporate killing

  • Court documents-free for all as pubic access is granted

    Court documents are free

  • Court documents-free for all as pubic access is granted

    From 2 October 2006 persons not involved in litigation (non-parties) will be able to obtain copies of all statements of case on the court file-claims and defences-without the need of any prior court permission. This leaves the burden for opposing such...

  • Court of Appeal allows franchisor to claim for loss of franchise business

    The Court of Appeal has partly upheld an appeal by a claimant against the High Court's decision to dismiss his claim relating to the loss of his franchisees. The Court of Appeal held that the judge in the High Court was entitled, on the basis of...

  • Court of Appeal considers rule in Pinnel s case and finds triable issue of promissory estoppel

    Court of Appeal considers rule in Pinnel s case and finds triable issue of promissory estoppel

  • Court of Appeal considers rule in Pinnel s case and finds triable issue of promissory estoppel

    Court of Appeal considers rule in Pinnel s case and finds triable issue of promissory estoppel

  • Customers beat the banks

    Customers beat the banks for unfair charges

  • Data Protection breaches-custodial sentences promised

    Data protection abuse-prison promised

  • Data protection law protects illegal downloaders

    Illegal downloaders helped by data protection laws.

  • Database belongs to sales agent

    Database rights beolng to agents

  • Director not liable for procuring breach of contract

    Director not personally liable for company wrong

  • Directors procuring breach of contract

    Directors procuring breach of contract

  • Diversion of telephone numbers amount to unlawful interference with business

    Telephone line diversion

  • Does the Data Protection Act (DPA) 1998 apply to paper records?

    Data protection for paper records.

  • Doorstep selling laws step closer

    The Department for Business, Enterprise and Regulatory Reform is consulting on the Cancellation of Contracts made in a Consumer's Home or Place of Work Etc. Regulations 2008. The Consumer Protection (Cancellation of Contracts Concluded Away from...

  • Email marketing abuse is rampant

    Email abuse of marketing.

  • Employee Fraud - Fraud Act 2006

    Employee fraud continues to rise as the recession continues to bite - however,  the Fraud Act 2006 provisions make it easier to obtain convictions for fraud a than was possible under the predecessor legislation. Under the Act, fraud offences are: ...

  • Employee Fraud: Warning Signs

    Employee fraud was a boom area even before the recession started.  ‘Targeted’ frauds, often backed by organised criminals, are also becoming more common. In these cases, an employee (often using a stolen identity) is ‘planted’ in...

  • Employee share ownership hit by CGT reform

    SAYE shares hit by Capital Gains Tax Reforms

  • Environmental liability insurance extent of cover

    Clean up costs uninsured

  • FSB calls for government to consider small and micro businesses more

    FSB calls on government to reform.

  • Failure of supply: frustration

    Frustration of contract

  • Financial Fraud - What Not to Do!

    With recent surveys showing that instances of employee fraud are still on the increase, and HMRC showing regrettable lack of ability to safeguard personal data, eliminating poor security practices which make fraud easier is becoming even more important....

  • Franchisee gets no help from the Data Protection Act

    Franchisee and data protection

  • Franchisee gets no help from the Data Protection Act

    Franchisee and data protection-who owns the data?

  • Gifts and hospitality law tightened up

    No such thing as a free lunch-gifts and hospitality belt tightened up

  • Google in breach of copyright

    Google in breach of copyright.

  • Government announces new police unit to fight cybercrime

    Home Office announces new police unit to fight cybercrime

  • Gowers Review-the first concrete development-new copyright powers for Trading Standards Officers

    Gowers review gives Trading Standards new powers.

  • Guidance On Distance Selling Regulations

    Distance Selling

  • High Court considers dispute over WORLD CUP WILLIE trade marks

    FA beats Jules Rimet Cup to win 1966 mascot. The High Court has found that the Football Association (FA) could prevent applications by Jules Rimet Cup Ltd (JRCL) to register as trade marks WORLD CUP WILLIE (the mark), and a device mark combining the mark...

  • High Court construes clause excluding liability for indirect or consequential loss

    High Court construes clause excluding liability for indirect or consequential loss

  • High Court orders speedy trial in dispute over rights to computer program

    Computer program rights and IP injunction refused

  • High Court refuses to imply assignment into software development contract

    Software ownership would not be assigned

  • High Court rules ex-employees infringed database right by copying electronic files

    ex-employees who copied and retained various documents belonging to their ex-employer, such as customer contact details and sales figures

  • Home business trends for 2007.

    Home working trends for 2007.

  • Home workers have higher levels of health, wealth and happiness.

    Happy home workers are more content.

  • ICO orders Leeds to disclose

    ICO orders leeds Council to release questionnaire information.

  • ICO statement on proposed government communications database

    ICO statement on proposed government communications database

  • Inappropriate interview questions

    Poor interviewing brings law claims to businesses.

  • Is the role of the company secretary now redundant?

    Despite fierce opposition from the ICSA Part 12 of the Companies Act 2006 was enacted to allow private limited companies formed after 6 April 2008 to dispense with the services of a dedicated company secretary-whether this is prudent is another question...

  • It Wasn't in the Contract

    A common problem in contract disputes is that matters that create disagreement are sometimes not referred to specifically in the contract. However, as well as the express terms of a contract, there are also terms that are implied that is, they apply without...

  • Key features of Company Law Reform Bill

    Company law reform bill

  • L'Oreal wins trade mark appeal

    L’Oreal wins trade mark appeal   The cosmetics giant won its appeal to the Court Of Appeal(CA) towards the end of last year when the court overturned an earlier decision by the High Court that had sent shockwaves-no pun...

  • Lack of clarity in contracts leads to unhappy outcomes

    Lack of clarity in contracts leads to unhappy outcomes

  • Letters of Intent - Getting Them Right

    What Is a Letter of Intent? Letters of intent, commonly referred to as "heads of agreement", are used to indicate the terms under which two or more people intend to enter into a contractual relationship when doing business together. The term...

  • Limited Liability Partnerships

    Limited liability partnerships (LLPs) were first introduced in April 2001 and are becoming an increasingly popular way of structuring a business, especially with professional practices. The big advantage of the LLP is that it allows the liability of...

  • Lying in your CV

    Lying in your CV brings legal dangers.

  • Making Retention of Title Work

    Prior to the recession, Retention of Title (RoT) clauses probably received less attention than they should have from many businesses. However, RoT is now back in the spotlight. An effective RoT clause will normally allow you to recover the goods you have...

  • Ministerial guidance on directors' duties

    Duties of a director under Comapnies Act 2006.

  • Misuse of weblog by advertiser

    Weblog was misleading advertising.

  • Money Laundering Regulations

    Money laundering is the process by which criminals turn their 'dirty' income – which is usually earned in cash – into 'clean' money, by undertaking transactions which hide the original source of the cash and/or turn the cash into 'legitimate...

  • More trouble for Google-MTV attack YouTube

    More trouble for Google-MTV attack YouTube

  • New Contract, New Danger

    Every business needs customers, but every customer, especially a new one, represents a risk to your business. It is a very serious issue but there are many things you can do to make sure that you increase your chances of getting paid. Clearly, the...

  • New Unfair Trading Law Explained-Part I

    New Unfair Trading Law Explained-Part I

  • New Unfair Trading Law Explained-Part II-misleading commercial practices

    New Unfair Trading Law Explained-Part II-misleading commercial practices

  • New Unfair Trading Law Explained-Part III-aggressively commercial practices

    New Unfair Trading Law Explained-Part III-aggressively commercial practices

  • New consumer protection regulations in force

    New consumer protection regulations in force

  • Non-compete clause can be enforceable

    Non-compete clause can be enforceable

  • Non-compete clause is reasonable court concludes

    Reasonable restrictive covenant clause prevents MD working for competitor.

  • OFT statement on bank charges test case

    OFT statement on bank charges test case

  • Officer wins claim for unpaid salary

    RAF officer wins claim for unpaid salary

  • Officer wins claim for unpaid salary

    RAF officer wins claim for unpaid salary

  • One in five bullied at work

    Bullying at work is rampant says report.

  • Online advertisers use online video gamers to boost sales.

    Online gaming boost for advertisers.

  • Online shopping boosts retailers.

    Growth in online selling brings Christmas cheer.

  • Outsourcing Outcasts in India

    Outsourcing outcasts in India.

  • Outsourcing the Processing of Personal Information - Guidance

    The Information Commissioner’s Office offers guidance for small businesses on how to comply with the Data Protection Act 1998 (DPA) when you outsource the processing of personal information, such as your payroll function or customer mailing...

  • Overview: Changes under the 2006 Act of relevance to IP&IT;

    Overview: Changes under the 2006 Act of relevance to IP&IT;

  • Partnership and charities law to change

    BERR to change partnership and charities law

  • Partnership-a duty to disclose material matters

    Conlon & Another v Simms is a recent case that demonstrates that partners owe a duty of good faith not only to existing partners but to prospective partners who are negotiating entry into the partnership. Accordingly when a partner deliberately and...

  • Plain language required in customer documents

    Plain language required in customer documents

  • Pre-contract negotiations do not help deciding terms of agreement

    Pre-contract negotiations

  • Preferred Supplier Status-what does this mean?

    Prefrred supplier status

  • Protection of Harassment Act 1997 makes employers vicariously liable for harassment acts of employees

    Protection Of Harassment Act

  • Remedies for Breach of Contract

    Having the right contract is always a good idea, but no matter how much protection it offers, no contract can prevent a breach of contract by the other party. If you enter into a contract and it is breached, there are several possible remedies available to...

  • Responses to Green Paper on attachment of bank accounts

    Responses to Green Paper on attachment of bank accounts

  • Retirement Planning and Your Business

    It is arguable that the whole point of any business should be to enable the owners to retire when they want and with the lifestyle they want on retirement. Of course, enjoying it as you go along is a good idea too, but retirement comes to most of us...

  • Skipton Financial Services in breach of data laws

    ICO accepts undertaking from financial services company for breach of DPA

  • Slamming the door on doorstep selling- government confirms scope of new doorstep selling regulations

    New doorstep selling law

  • Spicy Spicy not so Nicey

    Google sued for trade mark infringement

  • Step by Step Plan for Health and Safety Compliance

    The Health and Safety Executive (HSE) has published a ‘ step by step plan’ for businesses for protecting the health and safety of workers and others . The key recommended actions are: 1. Register a new business with the appropriate authority...

  • Summary judgment granted in deceit claim

    Summary judgment granted in deceit claim

  • Summary judgment granted in deceit claim

    judgement granted in deceit claim

  • Supply: Simplification of consumer remedies for faulty goods

    Supply: Simplification of consumer remedies for faulty goods

  • The "right" to work from home

    Rights of homeworkers

  • >The Court of Appeal allows conduct evidence in determining oral contracts

    Oral contracts and conduct evidence

  • The Court of Appeal allows conduct evidence in determining oral contracts

    Conduct evidence allowed in interpreting contract

  • The Economist fails to obtain transfer of theeconomist.com

    The Economist fails to obtain transfer of theeconomist.com

  • The Occupational Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

    pension scheme consultation

  • The legal future is digital

    The future of the UK legal profession is digital declares an EU Lawyers’ group. The Council of Bars and Law Societies of Europe (CCBE) has adopted draft guidelines which means “ chip and pin” ID cards and digital signatures for lawyers are...

  • Third party disclosure

    Obtaining documents from third parties.

  • Tips for Business Borrowers

    With the economy seeming to be slowly improving, businesses will be thinking about financing the expected expansion of trade. Borrowing cost often dominates the thinking, but it isn’t all about the cost of the loan. In order to negotiate the right...

  • Tribunal to rule on application of TUPE to transfer of client accounts between law firms

    Tribunal to rule on application of TUPE to transfer of client accounts between law firms

  • Two cows, a cat and no hey diddle diddle

    Domain name cannot be owned by pet/animal.

  • Unfair terms: reasonableness of exclusion clause

    Business to business exclusion clauses

  • Vexatious requests for FOIA

    Freedom Of Information Act and vexatious requests.

  • Vexatious requests for FoIA

    Freedom Of Information Act and vexatious requests.

  • Wasted costs order refused

    Wasted costs order refused

  • Watch out for bogus websites

    Copying websites-criminals-real danger.

  • Wayne Rooney scores in domain name dispute

    Wayne Rooney beats cybersquatter

  • What "reasonable" and "best" endeavours mean

    Reasonable endeavours and best endeavours-meanings are clarified-are not the same-difference costs £15m in this case.

  • Work and Families Act

    Work and Families Act

  • Your Home Office - The Legalities

    If you run your own business, working from home, there are legal ramifications which need to be considered. There are few regulations that apply to 'normal' businesses that do not apply to 'home' businesses: you are not exempt just because you operate...

  • inclusion of arbitration clause unfair in consumer contract

    Inclusion of arbitration clause unfair in consumer contract

  • investors unable to sue banks for heavy losses

    Investors unable to sue banks for heavy losses
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Latest News

Jockey's Attempt to Breach Covenant Falls at Second Fence
Court Embargo on Revealing Confidential Information
Government Plans to Scrap Licences for Smaller Events
Creditors Protected by Court of Appeal
£5 Million for Loss of Profits of Business Still on the Drawing Board
Claiming for Riot-Related Damage
Email Terms Apply Despite Lack of Written Contract
Economic Upswing No Reason to Abandon Good Credit Control
Bribery Act Comes Into Force
OFT Guidance on Director Disqualification and Competition Law