Services

People

News and Events

Other

Blogs

Company Commercial

Posted:
Author:

If you have recently made the step to start up a new business, you are not alone. Last year more than 650,000 new businesses and start ups were established in the UK. Here are three essential legal considerations should you have in mind before you start trading in earnest.

Rina Sond
Posted:
Author:

Business guidance has been issued by the Intellectual Property Office (IPO) relating to the Intellectual Property (Unjustified Threats) Act 2017, which was passed in April this year and is aimed at making life easier for businesses and individuals by clarifying what is and isn’t acceptable when threatening IP infringement against a third party. 

Rina Sond
Posted:
Author:

The confusion surrounding competition law has been a cause for concern for some time. With this in mind, the Competition and Markets Authority (CMA) has recently produced some resources in an effort to improve understanding of competition law.

Craig Harrison
Posted:
Author:

The Duke of York is encouraging people of all ages to come forward with new ideas, as part of a Palace-backed project to help start-up businesses.

Rina Sond
Posted:
Author:

Two recent court cases should change the way businesses view commercial contracts, as judges have determined that what someone says or does can amend a contract originally put in writing.

Rina Sond
Posted:
Author:

Following three years of preparation and lobbying, the European Parliament has finally adopted the new European General Data Protection Regulation (GDPR) – which means big changes to data protection as we know it in the UK, regardless of the outcome of the forthcoming ‘Brexit’ referendum.

Rina Sond
Posted:
Author:

April 26 is World Intellectual Property Day, set up by the World Intellectual Property Organization (WIPO) to celebrate IP and raise awareness of its worth. What is IP and how does it relate to you and your business?

Rina Sond
Posted:
Author:

The Internet is a not a free source of material, as a home improvements company found recently to its cost. Many people assume that because images are readily available online, that they are free to use, but that is often not the case.

Rina Sond
Posted:
Author:

If you have registered a trade mark in your business, then you may be well aware of the bogus companies out there who try to imitate or pass themselves off as either being the Intellectual Property Office (IPO) or connected to it.

Craig Harrison
Posted:
Author:

The term ‘partnership’ describes a relationship between parties carrying on a business in common with a view to profit.  Despite the creation of limited liability partnerships over a decade ago and the availability of other corporate vehicles, the partnership model remains popular, particularly amongst small professional firms who do not wish to be burdened by the legal and administrative requirements associated with incorporation.

Rina Sond
Posted:
Author:

The government has introduced the Consumer Rights Act 2015 which aims to overhaul and consolidate the previously confusing and fragmented consumer rights legislation in the UK.  The Act will come into force on 1st October 2015 replacing eight existing laws, including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. This blog provides a brief overview on some of the key changes that the Act will make to consumer law in the UK.

Posted:
Author:

The Small Business, Enterprise and Employment Act 2015 (Act) has received royal assent and is due to be implemented in phases with the expectation that it will be fully in force by April 2016. This Act will make significant changes to UK company law as the government seeks to ensure that the United Kingdom continues to be recognised as a trusted and fair place to do business. 

Posted in:, Company Commercial
Craig Harrison
Posted:
Author:

When incorporating a company, it is easy to overlook the possible need for a shareholders’ agreement. However, this can be a crucial tool to the success and smooth operation of a company.

Craig Harrison
Posted:
Author:
Businesses often have long term trading relationships with other businesses and it is sometimes the case that the terms that govern such relationships are unclear. Once a business has established a long term healthy relationship with another party the need...
Craig Harrison
Posted:
Author:
The Supreme Court has handed down a much anticipated decision in the case of SA and another v Bilta (UK) Ltd (in liquidation) and others [2015] UKSC 23 . Background Bilta (UK) Ltd (Bilta) was compulsorily wound up in November 2009 pursuant to a petition...
Rina Sond
Posted:
Author:
Judges at the General Court of the European Union in Luxembourg have denied Skype the ability to register its name as a trade mark on the ground that there is a likelihood of confusion between the “Skype” and “SKY” trademarks (Skype...
Craig Harrison
Posted:
Author:
Hertford -based law firm Longmores fears that measures introduced in the Chancellor’s Summer Budget will affect the profit margins of SMEs. George Osborne’s seventh Budget – the first of this Conservative Government – heralded a...
Craig Harrison
Posted:
Author:
A key feature of share and asset purchase transactions is formulating a mechanism for determining the purchase price payable by the buyer for the target shares or assets.  Often, the purchase price is fixed.  Sometimes, however, a completion...
Craig Harrison
Posted:
Author:
Many of us pay scant regard to the possible legal ramifications of our business dealings if such dealings have not been reduced to writing in the form of a formal legal document.  It is however important to understand when a binding contractual...
Rina Sond
Posted:
Author:
Written by Rina Sond and Fasil Hussain Branding is one of the most important aspects of any business. A brand is a unique design, symbol, words, or a combination of these, used to create an image that identifies a product and differentiates it from its...
Posted:
Author:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations) came into force on 13 June 2014 and replace the previous law on distance selling and doorstep selling. The Regulations apply to all consumer...
Posted in:, Company Commercial
Rina Sond
Posted:
Author:
By Rina Sond and Fasil Hussain We recently published a blog covering the introduction of the Intellectual Property Act 2014 (the Act), and in particular, the changes the Act has made to design law. This blog will now focus on the key changes introduced...
Rina Sond
Posted:
Author:
By Rina Sond and Fasil Hussain Personal data is information relating to living people who can be identified from that data, or from that data and other information which is in the possession of, or is likely to come into the possession of, the data...
Rina Sond
Posted:
Author:
By Rina Sond and Fasil Hussain The Intellectual Property Act 2014 (the Act) came into force in the UK on 1 st October 2014 and it is expected that all measures should be implemented by late 2015. The Act makes various changes to existing IP legislation...
Rina Sond
Posted:
Author:
Longmores Solicitors has made a further appointment to its Company Commercial team. Solicitor Rina Sond, a Commercial and Intellectual Property law specialist, has joined the Hertfordshire practice following a 12 year qualified career, having previously...
Craig Harrison
Posted:
Author:
By Fasil Hussain and Craig Harrison In April 2012 the government introduced the Seed Enterprise Investment Scheme (SEIS) aimed at helping small, early-stage companies, raise funds through individual investors by providing very generous tax reliefs to...
Craig Harrison
Posted:
Author:
The doctrine of ‘good faith’ is recognised in most civil law systems across Europe and in many US states. English law on the other hand, has not generally recognised an implied duty that contracting parties should perform their obligations in...
Craig Harrison
Posted:
Author:
According to the Office of National Statistics, 36 million adults (73% of the adult population) in Great Britain accessed the internet every day during 2013. With the internet now being a customary part of everyday life it is vital for companies to ensure...
Craig Harrison
Posted:
Author:
Automatic enrolment began for the largest employers in October 2012 and will ultimately result in workers saving more towards their retirement or saving for the first time. Under the programme, more than 1.3 million employers will have to automatically enrol...
Craig Harrison
Posted:
Author:
Dissolution leading to the winding up of a partnership can be brought about in a number of ways, including by unanimous agreement or pursuant to the exercise of an express power contained in a partnership agreement.  Additionally, a court-ordered...
Craig Harrison
Posted:
Author:
It is as well to remember that the Internet can be a threat, as well as a boon, to businesses, as is shown by a dispute involving a woman who registered a confusingly titled domain name and then used it to air her criticisms of a firm of estate agents. The...
Craig Harrison
Posted:
Author:
In pursuit of substantial judgment debts against a Russian businessman, a bank has persuaded the High Court to ‘lift the corporate veil’ and to rule that he is the beneficial owner of a Virgin Islands registered company that owns a luxurious...
Craig Harrison
Posted:
Author:
After years in the doldrums, the UK economy appears to be recovering. Indeed, according to the Office for National Statistics, the UK economy grew by 1.9% in 2013, the strongest rate of growth since 2007. As a result, market confidence is improving and...
Craig Harrison
Posted:
Author:
The fallout that can result from the death of one co-owner of a business is something that all business owners should carefully consider. Such circumstances can quickly escalate into acrimony and potentially costly litigation if handled incorrectly. The...
Craig Harrison
Posted:
Author:
In a contractual context, a penalty clause can be described thus: that, upon breaching a particular provision of a contract, the party in breach will pay the other party a particular sum of money, or the party in breach is disentitled from sums otherwise due...
Craig Harrison
Posted:
Author:
The Corporate Manslaughter and Corporate Homicide Act 2007 (“the Act”) was back in the headlines last month after the fourth successful conviction for corporate manslaughter was made against a Northern Irish company. The company owned a mixing...
Craig Harrison
Posted:
Author:
Care must be taken when selecting and adopting a company or business name (the latter being a name used by a person, partnership or company for carrying on business which is not the same as their own name). Current legislation seeks to ensure that: ...
Craig Harrison
Posted:
Author:
In English law, a “misnomer” is a wrong or inaccurate use of a name or term. A prominent example of misnomers in practice is parties negotiating a contract making an erroneous reference to a contracting party, whether as a result of simply...
Craig Harrison
Posted:
Author:
The “employee shareholder” status: formal recognition at last In a blog published back in November 2012, we reported on a new employment status which the government had previously consulted upon with interested stakeholders. Following a...
Craig Harrison
Posted:
Author:
Indemnities can be useful tools in the context of contractual relationships with third parties. In brief, they comprise an express obligation on the indemnifying party to reimburse the beneficiary (by way of monetary payment) for defined losses or damages...
Craig Harrison
Posted:
Author:
In February 2013 the Department of Business Innovation and Skills published a response to a consultation on the Nuttall Review regarding employee share ownership and specifically share buybacks.  There are some concerns that the existing share buyback...
Craig Harrison
Posted:
Author:
The headline announcement in the Budget was that 450,000 small and medium-sized enterprises (SMEs)  will no longer be required to pay employer National Insurance Contributions (NICs), with the first £2,000 being taken off employers’ NI bills...
Craig Harrison
Posted:
Author:
The government is eager to incentive’s innovation and the development of intellectual property. The Patent Box, which takes effect from 1 April 2013, is intended to provide such an incentive. Patent Box will allow eligible companies which...
Posted:
Author:
When commercial landlords rent out a building they have to provide  an energy performance certificate (an EPC) in the same way as one has to be provided when the building is sold. Many landlords view this as just another hurdle which has to...
Posted in:, Company Commercial
Craig Harrison
Posted:
Author:
In the context of sales and purchases of shares and business assets, it is customary for buyers to seek protection against losses, liabilities and claims that they had not bargained on.  This protection usually takes the form of (amongst other things)...
Craig Harrison
Posted:
Author:
“Hertford Entrepreneurs’ Network (HEN) has  launched a Growth Plan Award to stimulate growth plans for small entrepreneurial businesses in Hertford. Businesses are invited to submit growth plans which will be judged by a panel against clear...
Craig Harrison
Posted:
Author:
Hertford-based law firm Longmores is advising small businesses of forthcoming changes to employee share scheme rules which may help them retain key individuals. Changes to the Enterprise Management Incentive (EMI) share option scheme rules are outlined in...
Richard  Gvero
Posted:
Author:
Hertford law firm Longmores has been awarded a coveted place in one of the legal industry’s leading directories. Longmores, which has been serving the local community and beyond since the late 1700s, is featured in the Chambers UK 2013  directory...
Craig Harrison
Posted:
Author:
In the wake of the continued economic downturn, the government has acknowledged the fears harboured by businesses of the cost implications associated with hiring employees, particularly in relation to employment claims founded on alleged breaches of the many...
Posted:
Author:
Legal and business professionals alike often lament the archaic regime for the registration of security at Companies House which currently exists.  Thankfully, following a consultation with interested stakeholders, the Department for Business,...
Posted in:, Company Commercial
Craig Harrison
Posted:
Author:
In broad terms, the members of a company will not be responsible for the liabilities of that company.  The English courts have, however, from time to time pierced the ‘corporate veil’ and attached the legal consequences of a company’s...
Craig Harrison
Posted:
Author:
Longmores Solicitors has made a further appointment to expand its Company Commercial offering. Solicitor James Brawn, a company law specialist, has joined the Hertfordshire practice following a move from Cheltenham-based Rickerbys.  James has spent...
Craig Harrison
Posted:
Author:
Many IFAs who decide to battle on through the new regulatory system will be taking a long hard look at their business, not just to ensure compliance with the RDR, but to better understanding their client base; create an efficient operating model; create the...
Craig Harrison
Posted:
Author:
Shareholders usually want to control the admission of new shareholders into a company due to the often personal nature of the ventures in which they work and/or invest.  It is therefore common for a private company’s articles of association and...
Craig Harrison
Posted:
Author:
EMI share option schemes remain the most tax-advantageous way of using share options to incentivise employees. That advantage comes with a cost which manifests itself in terms of mandatory conditions that must be met if the options are to qualify for EMI...
Craig Harrison
Posted:
Author:
  With austerity continuing to be an important word both politically and economically, businesses still find themselves under pressure to manage both cash flow and their relationships with employees. One subject that comes up repeatedly is the...