Legal articles

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.

Merritt's Olympic ban overturned by Court of Arbitration for Sport

A ground breaking decision was issued in October 2011 by the Court of Arbitration for Sport (CAS) following a joint request for arbitration made by the United States Olympic Committee (USOC) and the International Olympic Committee (IOC). The request was initiated in response to the Olympic ban of United States 400m runner La Shawn Merritt. Merritt won the 400m gold medal in the Beijing Olympic Games in 2008 but received a two year ban in 2009 (which was later reduced to 21 months on a finding of exceptional circumstances) after testing positive for a banned substance.

Share incentives in the economic downturn

As has been well reported, the Financial Services Authority and the Treasury have openly stated that they believe that a culture of high value performance bonuses which rewarded the meeting of short-term goals has contributed to the current banking crisis we now find ourselves in. On the FSA and the Treasury’s wish-list going forward is a move towards remuneration structures that reward longer term performance and the creation of maintainable value for shareholders.

The Mortgage Repossession Act 2010

The Mortgage Repossession (Protection of Tenants etc) Act 2010 came into force at the beginning of October 2010. The Act and its supporting regulations provide some limited protection for unauthorised tenants (tenants occupying without the consent of the landlord’s lender) in residential property to bring them broadly in line with the safeguards afforded to authorised tenants under the Protection From Eviction Act 1977.

Shares or assets when acquiring a company?

One of the very first questions to consider when looking at a business acquisition from a corporate Vendor is whether to structure the transaction as a share sale (whereby the Purchaser acquires the target company itself by taking a transfer of shares in the target company) or an asset sale (whereby the Purchaser acquires some, or all, of the assets and liabilities of the Vendor company, together with the business, leaving the shares in the Vendor company with its shareholders). The Vendor may favour one approach and the Purchaser another. Each approach has its own advantages and disadvantages.
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