November 2011 Archive

Clarification on property disputes between cohabitees

More than half of couples in the 16 – 44 age group are now cohabiting rather than being married and many of them will jointly own their property. But they rarely have a formal agreement that clearly sets out how the property should be divided in the event of the relationship breaking down. The Supreme Court has handed down their decision in Jones v Kernott, a case that concerned the allocation of shares in a jointly owned property after the relationship ended.

Protect the IP in your website

It is very easy to be caught up with the stunning design or exciting technology of your new website. But it is just as easy to commission a new website only to discover that you don’t own the intellectual property in the design, content and coding of the site.

Personal liability of directors

“Robbing Peter to pay Paul” can undo the protection offered by limited liability status and result in personal liability on both a criminal and civil level. Stringent economic conditions can make it tempting to “slow down” on payments due to HMRC in favour of suppliers and other creditors. That way can lead to danger. HMRC have the power to issue Personal Liability Notices against a director or officer of a company where HMRC consider that non-payment of sums due to them are as a result of neglect or fraud.

Enforcing possession orders when the arrears have been cleared

A recent case that went to the Court of Appeal has helped to clarify the situation relating to the longevity of possession orders particularly when mortgagors fall into arrears more than once. In the past, courts have reacted unfavourably to attempts to enforce an order which has already been suspended, where the arrears have subsequently been cleared by the borrower. It has generally been accepted that, once the arrears are cleared under a suspended order, fresh proceedings are required.

What is an injunction?

An injunction is a court order which prohibits a person from taking a particular action (prohibitory injunctions) or requires them to undertake a particular action (mandatory injunctions). An injunction can be either final or interim. An interim injunction is a provisional measure which is taken at an early stage in proceedings, by either a defendant or claimant, before trial, and before any final decision on the merits of either side’s case. A final injunction continues after the end of proceedings and is granted to last continuously or until a specified date after which protection is no longer required.

Don't lose your licence when buying a licensed premises

Failure to ask the right questions and make the right enquiries when buying licensed premises could lead to a restaurant, pub, club or off-licence being unable to sell alcohol or provide regulated entertainment for a period of at least 28 days. We regularly use a list of 13 enquiries, relevant to various aspects of the business or operation being purchased.

There may be money in the small print

Some contracts are profitable, and some are not - and hindsight is a perfect science. If you knew what you know now, you may have thought twice before entering into those unprofitable contracts. However, do not assume that all is lost even after you have signed the contract.
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