Confidential information is non-public privileged information pertaining to a company’s business. Such information can include, trade secrets, proprietary information, know-how, technical, business or financial information and personal information.Are you worried that an employee will leave and take confidential information with them to benefit your competitor? Employees can be bound by confidentiality clauses in their employment […]
How much control can you afford to relinquish? It is essential you decide on this early on , as it is very easy to accept an investors terms when they are offering you a much needed cash injection. What level of control do you need to retain to be able to operate your business on a […]
Empty Judgments: What to do when faced with an insolvent defendant company. It is a claimant’s nightmare: succeed in obtaining a judgment against a defendant company only to find that the company is insolvent or does not have sufficient means to satisfy the judgment debt. This is what is known as an empty judgment, which […]
Terms and Conditions (Ts & Cs) are an essential part of all businesses. They should provide clarity for customers and strike a fair balance to encourage business while offering you sufficient protection from the distraction and cost of disputes. Inadequately drafted and you could find yourself facing serious problems such as cash flow problems, business […]
Google has become so renowned and ingrained in our daily lives that it’s the first thing that pops into your head when you want to know the answer to almost anything. “Google it” has become an in-built reaction to being asked a question you don’t know the answer to. Why then, would this tech giant choose to change their […]
What I have observed in practice is that many businesses overlook the fact that fundamentally IP is a business asset. Where the asset is protected by law and exclusive to you its value increases as does the business.IP can create an income stream for your business. How? Licensing, patenting and commercially packaging IP as products for […]
Christmas lists have been created and movies, music and apps for loved ones are now being sourced & downloaded. Business will be booming for digital moguls, but be aware the amended rules give your consumers protection never before bestowed. The Consumer Rights Act 2015, is in place to protect consumers of goods and services provided […]
It is important that all business owners and those contemplating commencing a business are aware of the issues surrounding shadow directors and how someone may accidentally become one. What is a shadow director? A shadow director is someone who is not a registered director of a company but exercises control or influence over a business […]
“Can I recover my costs from the other side?” This is one of the first questions asked in any dispute in which solicitors are involved and an important consideration when weighing up the commercial viability of pursuing a person for money owed to you. The general rule is that the person against whom judgment is […]
You meet a man, you fall in love. You decide to commit, you do not wish to be un-romantic and discuss pre-nuptial agreements. You enter into your Civil Partnership or marry. You then wish you hadn’t. It seems what’s yours is his and what’s his is his. Suddenly the pre-nuptial seems like it had some merit… […]
In 2014, the President of the Family Division had a case before him where he updated the more literal statutory interpretation of the Parental Order process with a more flexible child focused version. Although it will remain fact specific, an application not made within 6 months for good reason can therefore still be made after […]
As a Director, you will probably already understand the day to day decisions for the company and the metaphorical buck now stops firmly with you, but what about company procedures, legal duties, lifetime liabilities and the ‘fine print’ of being a Director? The Fine Print of the Law As a Director on a Board, you […]
A City Law Firm Limited started up in 2009 right smack in the middle of the recession, how hard could it be? Well 6 years later growing from 2 to 10 fee earners, triple turnover, a whole floor of offices and consultants aboard I, as the founding partner, can happily say “the hardest thing in […]
All change The landscape of litigation has changed considerably this year. The guiding principle of the courts to deal with cases justly appears to have been qualified by the requirement that cases are run efficiently and at proportionate cost. In short, this means that the courts’ tolerance of non-compliance with the procedural rules has all […]
Every family is different; every child’s upbringing unique. However, having more than two adults in a child’s life is not particularly uncommon in a modern family, as couples separate and new partners arrive on the scene. Step-parents have been an accepted form of parenting for a significant period of time. In contrast to step-parents however, […]
Do Intended Parents have the right to receive maternity or paternity leave where a surrogate mother has given birth to a child? As from 5th April 2015, the Children and Families Act grants applicants for Parental Orders in surrogacy arrangements the ability to choose to take shared Parental Leave within the first year after their child’s birth. […]
The standard route is to commence proceedings in the County Court. In exceptional circumstances you can issue in the High Court. In the Claim Form you will be seeking an Order for Summary Possession. A hearing can be given within a week or 2 days in urgent circumstances. Once the Order for Summary Possession is […]
Challenging rent terms in your lease: Canonical UK Ltd. v TST Millbank LLC In this case a tenant sought to break a lease, which clearly specified (as is normal practice) that for a break notice to be valid, all the rents payable under the lease had be paid up to the date of the break. It […]
So…You find yourself on the wrong side of an unfortunate business agreement. Money is owed to you. You try to negotiate, but the other side is either unwilling to be reasonable or even to negotiate at all. As with all legal disputes, prevention is cheaper than the cure. Even with simple debt recovery matters, legal […]
Debt Recovery Across EU Borders Is a company that owes you money based in another country in the European Union? Perhaps an individual debtor has dissipated his assets in England and moved abroad within the EU to frustrate your attempts to enforce locally. Unfortunately, these are not uncommon scenarios that can complicate enforcement to the […]
New legislation has come into effect which will allow employees to become shareholders in a company in exchange for surrendering key employment rights. Significant tax reliefs are available for employees who enter into one of these schemes. The provisions are expected to come into force in Autumn 2013. The “Exchange” Employees who enter into the […]
Crowdfunding is a new phenomena for businesses to raise capital by selling their equity to a large number of individuals, typically over the internet. Crowdfunding is also used for raising funds for individual projects or campaigns. The practice of Crowdfunding is popular in the USA and is now beginning to gain momentum in the UK. […]
Family Care asks: With National Careers Week and International Women’s Day falling in the same month, what better time than to discuss where equality in the workplace is for women. From your viewpoint, has the equality gap begun to close? And what needs to be done to progress to the next level? The Past is […]
Legal considerations when choosing your childcare provider A parent has a number of important decisions to make in relation to choosing who will care for their child when they are not able to do so, especially if they intend to return to work. This article considers the legal issues concerning the traditional child care providers, […]
You have a great concept or product, funding and perhaps a friend, relative or colleague that wants to join forces with you. The key to any successful business is good advice, support and above all appreciate the risks, liabilities involved and how you come out on top to fight another day if it all goes […]
An employer’s duty, to make reasonable adjustments for a disabled employee, does NOT extend to an employee who is “associated” with a disabled person. What does associated mean? The Court of Appeal in Hainsworth v Ministry of Defence [2014] EWCA Civ 763 determined on 13 May 2014 that an employer’s duty, to make reasonable adjustments […]
As parents we have a number of important decisions to make. One is who will look after and care for our children , where we cannot do so, due to returning to work for example. This article focuses on Nurseries, but please see our other articles on nannies and child minders if this is applicable. […]
As a Director, you will probably already understand the day to day decisions for the company and the metaphorical buck now stops firmly with you, but what about company procedures, legal duties, lifetime liabilities and the ‘fine print’ of being a Director? Entrepreneurs and new Directors will always see the benefit to Limited Liability status […]
You are legally entitled to take a reasonable amount of time off to deal with certain emergencies involving certain dependants. This leave is called Time Off For Dependants. Time Off For Dependants can be taken, for example, if a dependant falls ill or is injured, if care arrangements break down, or to arrange or attend […]
The legal recognition of a Grandparent, within Child Proceedings, has not sadly altered to reflect the change in society. More and more parents are relying on Grandparents for childcare and they have a very active role in the child’s up-bringing. There are also now greater expectations on mothers to return to work relatively swiftly after […]
It is a common misconception that a “common law marriage” is recognised in UK law; it is not. Regrettably, irrespective of the length of your relationship or the time you have been living together or whether you have children, there is still no legal recognition of this status and it can leave you vulnerable upon […]
Do you know your maternity rights or rights on returning to work? At A City Law Firm Limited, we have a team of lawyers offering specialist advice on all aspects of employment law. We appreciate the stress (and joy) of becoming a mum and are here to support you with legal advice tailored to you […]
Statutory Paternity Leave is a maximum of two weeks’ leave, following the birth of a child, taken in order to support the mother or care for the new child. It can be taken as a single week or two consecutive weeks. It cannot be taken as odd days or as two separate weeks. Statutory Paternity Leave […]
Pregnant employees are entitled to take 26 weeks’ Ordinary Maternity Leave and 26 weeks Additional Maternity Leave, irrespective of their length of service or the number of hours worked each week. You may not return to work during the two weeks immediately following the birth of your child (four weeks for women who work in factories). You […]
The recent reforms have implemented a new auto-enrolment scheme where employers are required to enrol eligible employees into a pension scheme automatically. Employers are also required to contribute to their employees’ pension funds. Auto-enrolment Employees that are eligible for the auto-enrolment scheme are: Employees aged between 22 and the state pension age who are earning […]
Relying on social media in recruitment could expose you to a discrimination claim. Employers should aware of the risk of researching candidates on social media resources exposing them to potential discrimination claims. Referring to information in the public domain, posted by the candidates themselves, may seem like a harmless exercise. However, the information gained via […]
One of the most significant judgments on age discrimination was handed down on 25 April 2012 by the Supreme Court. However, critics warn that the judgment may have left the door open for businesses to set their own retirement age for staff. The case involved a former law firm partner who brought a claim of age discrimination […]
The Government has responded to Law Society calls for clarification about the validity of compromise agreements (now known as Settlement Agreements) drafted under the Equality Act. These Settlement agreements are used extensively on termination of employment. Terms usually provide for a severance payment to be made to the employee, in return for their agreement not to pursue […]
If I am treated less favourably because service providers or my employer THINKS I am gay, but doesn’t know for sure is this still discrimination? The Employment Equality (Sexual Orientation) Regulations 2003 prohibit discrimination and importantly, the law not only makes it unlawful to discriminate on grounds of a person’s actual sexuality but also their perceived […]
Employee’s and Employer’s should be forewarned that Facebook, Twitter and other social media cites can lead to grievances, disciplinary action and employment cases/ hearings…. People assume that because social media sites are social and they have set their own private profiles nothing can be used against them by their employer….wrong. If you discriminate against fellow […]
The Court of Appeal has upheld the County Court’s decision confirming that Christian Hotel Owners Mr & Mrs Bull discriminated against Civil Partners Messrs Preddy & Hall by denying them a double bed. In accordance with their religious belief, Mr & Mrs Bull operated a strict policy permitting only married couples to share double beds […]
The Reading Employment Tribunal is the first Tribunal known to have allowed a case to conclude via Skype. The Tribunal rules allow all hearings to be wholly or partly conducted using electronic communications (such as video conferencing) where it is considered just and equitable to do so. However, the Reading Employment Tribunal recently allowed a witness to give […]
Have you been offered a franchise or do you need to renew or sell yours? If so, let our team assist you, with clear and swift legal advice. We offer comprehensive advice for a fixed fee, which remain competitive and are also transparent. We will take you through the terms of the agreement, advise you […]
TUPE is a complicated area of law and if you do not comply fully with the rules, or take time to consider the consequences carefully, it can be expensive and disastrous for those buying or selling their businesses. If you are going to buy, sell, or transfer the ownership of a business or take on a […]
If you are a creditor you will still be able to recover your debt and the costs are not as prohibitive as you may think. In particular this is easier if the debtor is within an EU country; the country has a reciprocal agreement and/or you have a term in your contract submitting the relationship […]
A divorce legally puts an end to your marriage and enables you to separate and legally divide your assets and finances from your partner’s. In contrast, during a legal separation you draft together a settlement agreement that sets out the rights and responsibilities that will apply to each spouse while they are living apart. During […]
A Settlement Agreement is a legally binding agreement following the termination of your employment between your employer and employee. It is used often as a means of resolving a grievance or disciplinary during your employment or in some cases of redundancy. A Settlement Agreement formerly known as a compromise agreement is just that; a resolution / […]
How long do you have to be married in order to apply for a divorce? You cannot start a divorce until you have been married for at least 12 months and you will have to show that the marriage has broken down irretrievably and cannot be reconciled through mediation or other means. How do I […]
It is a difficult time for all concerned when a relationship breaks down and it is essential that you receive clear and supportive divorce advice in what are usually emotionally difficult circumstances. Our divorce solicitors focus on you and your needs at all times. Our aim is to resolve matters both swiftly and painlessly, where […]
An Injunction is an equitable remedy in the form of a Court Order that usually requires a person to do or refrain from doing something. However, they may also require a person to positively do something to prevent what would be unlawful conduct leading to damage to the claimant. Injunctions are discretionary remedies and it […]
Q: What is Intellectual property? A: Intellectual Property (IP) ascribes the legal right that exists in products of human creativity. IP is divided into two categories: Industrial property, which includes inventions (patents), trademarks such as your logo, company name or slogan, industrial designs; and Copyright, which includes literary and artistic works such as novels, poems […]
Whether you are operating your business as a sole trader, partnership, LLP or limited company you will have given it a name. You may well also have developed a logo, which together will be used to distinguish your business from your competitors. A considerable amount of time and money can be spent creating your brand identity […]
If you’re thinking about selling your business, the process can proceed more smoothly if the business owner has prepared their business for sale. This applies whether you’re selling the assets or the shares (which is an option if the business operates through a company). Preparation – Due Diligence It is advisable for a buyer to […]
Business website: What should it contain? Your business has a website, have you ensured there are no restrictions or requirements that you should display? If your business operates a web-site which is used to market your business i.e. advertise services or goods or actually sell goods or services online (whether it is to other businesses […]
It is important that your company is correctly formed. Most companies intend to be limited by shares, but you will be surprised by the frequency of companies ‘accidentally’ set up to be limited by guarantee. Is your company correctly formed? It is important that your company is correctly formed. Most companies intend to be limited […]
The law in the UK in relation to Surrogacy Arrangements is complicated and can lack the certainty that most couples wanting to have children seek. Many British couples are therefore attracted to going abroad, where in some countries, a much more liberal approach is taken. For example, some countries will allow intended parents to be […]
When creating a Will, every individual has complete freedom to choose who their executors are. These can be close family members, friends or even the monarch but are usually those people that you trust the most to carry out your wishes and distribute your estate in accordance with the same. A lot of individuals choose […]
Have you ever considered having your civil partnership ceremony on white sands and an ocean backdrop? Heterosexual couples can get married abroad and, permitted it is legal in that country, homosexual couples can get a partnership abroad too. Does that mean this partnership will be recognised when you return to the UK though? Have you […]
Escaping debt if leaving the UK permanently… More and more people are fleeing the UK for many reasons, but one trend appears to be to escape debt. People who have run up credit cards or their businesses have ceased trading or are in substantial debt feel that a fresh start abroad is the solution. However, […]
Does my employer have the right to know that I am HIV positive? You are not obliged to tell your employer or work colleagues anything about your sexual orientation or HIV status. However, there may be advantages to you for disclosing this to an employer you trust. For example: you maybe taking sick leave to […]
The smart phone, a seemingly innocent accessory, has revealed itself as a much more dangerous weapon against employers. The Smart Phone – an Employee’s weapon of choice! The smart phone, a seemingly innocent accessory, has revealed itself as a much more dangerous weapon against employers. High quality recording and photographic functions give employees a portable […]
Employees who discuss their opinions openly on websites are at risk of finding that their messages are deemed malicious, damaging, and / or unlawful. Disciplinary action could easily follow. Human rights, such as freedom of expression, may not be a good enough defence for an employee accused of gross misconduct resulting from alleged malicious or […]
The Act (as amended) identifies three ways in which an employer might discriminate against a disabled employee. Firstly, by virtue of S.3A(1) by treating him or her, for a reason related to his or her disability, less favourably than he treats employees to whom that reason does not apply. This is subject to the possibility […]
You’ve had a great idea for a business; you’ve set yourself up and may even have staff working for you; perhaps you’re now looking for your first premises or your first client seeking professional legal advice at the earliest possible stage will actually save you money in the long-term and avoid frequent pitfalls. Decide on an […]
As an employer you have the same responsibilities for ensuring the health and safety of home workers as you would for staff based at your premises. Employers have a legal duty to protect the health, safety and welfare of their employees, including homeworkers. Under the Management of Health and Safety at Work Regulations 1999, employers […]
As you all know treating a person less favourably because of their disability inside the workplace and during the recruitment process is against the law. However, it is not always as clear as people think as to who is disabled. Not all disabilities are obvious. You can have a mental condition or an ailment as […]
In this day and age you can buy recording devices from high street shops to a standard that even MI5 would be proud of. It is surprisingly easy. However, recording conversations without the participant’s knowledge is essentially considered a breach of that person’s right to privacy. When the evidence that is recorded is central to […]
If you die without making a Will, all your property and finances (your estate) will be distributed by the intestacy rules, meaning that you cannot control who receives your property. For example you will be unable to ensure that your friends or distant relatives benefit. You may also want to protect your children from a […]
Surrogate twin abandoned by intended parents, has the UK law really thought its policies through? Do you leave the surrogate mother to tend to a child she didn’t plan on or force the intended parent to take a child she is unlikely to care for? UK Surrogacy arrangements are not legally binding, as such the […]
We can meet you immediately & honour costs offered by your employer. Professional, proactive and experienced in negotiating settlement agreement terms. What is a Settlement Agreement formally known as a Compromise Agreement? A ‘Settlement agreement’ is a legally binding agreement which is considered a mutual contract between the employer and employee. It is provided in lieu of […]
This Act is already in force and has had a substantial impact upon the LGBT community for lesbian or gay couples wishing to have children through fertility treatment. What does the Act do? The Act allows a lesbian couple (A and B) who are in a civil partnership at the time of placing the embryo […]
Our surrogacy lawyers provide advice below on the current surrogacy laws: From 6th April 2010 the surrogacy rules were revolutionized regarding the assignment of parental rights and the recording of non-biological parents on a child’s birth certificate. How the law works and how it will effect your specific circumstances is explored below, but if we […]
Free 30 minute consultation and fixed – discounted fees for your first year. Start Up Business Advice Comprehensive legal advice for Business Start-ups in clear language by someone who understands – we offer a bespoke service , with discounted fixed fees, to cover all your legal needs in starting a business We know starting up […]
There are many ways for same sex couples to have children and fulfill their dreams of having a family. The parenthood and fertilisation laws are developing to keep pace with each other, but it is important to seek legal advice on matters where you are unsure. Same Sex Female Couples A same sex female couple […]
The Civil Partnership Act 2004 and Marriage (Same Sex Couples) Act 2015 updated the law to provide equality to couples in a same sex relationship. However, while the same legal rights and protection have been afford to same sex couples, similarly the English courts have confirmed that their assets should also be divided using exactly the […]
An increasing number of Individuals are taking advantage of the fiscal and lifestyle advantages attainable by establishing residency in Gibraltar, which has no physical presence requirements. HIGH NET WORTH INDIVIDUALS TAX ADVANTAGES OFF-SHORE An increasing number of Individuals are taking advantage of the fiscal and lifestyle advantages attainable by establishing residency in Gibraltar, which has no physical […]
What is the entitlement to leave in relation to the treatment? At a minimum the treatment cycle lasts six months and although there is no statutory right, as an employee, to paid leave you will be entitled to unpaid leave for regular medical appointments during the treatment period. If you are refused this, then you could […]
Having a child is both an exciting and daunting prospect for any parent, but choosing to have a surrogacy arrangement can be even more daunting due to the complex issues involved. Surrogacy arrangements are intricate and involve a number of different people all with different and sometimes conflicting roles. Understanding the laws, risks, stages and […]
The Civil Partnership Act 2004 has changed the law to allow couples who were in a same sex relationship to formally register their relationship. The Act conveys to civil partners basically the same rights and responsibilities as married couples enjoy, providing protection upon death or separation. Pre-Civil Partnership Agreements For further financial security you may […]
Whether employed or self-employed people assisting your business will have access to your trade secrets, supplier lists and client names and addresses. If someone leaves your employment or starts-up a side-business they could potentially cause you losses: they could solicit business from your clients for themselves or a competitor; use your materials and information or […]
If a child is not returned to the parent with whom he lives at the agreed date and time and it is suspected that the other person is not intending to return the child then it is important that you seek legal advice as soon as possible. If there is already a Residence Order (which […]
Our top employment solicitors in London offer specialist employment legal advice to employers and employees alike. Our goal is to help employers prevent grievances or claims arising through comprehensive advice and structured manuals/training & procedures whilst also aiding those employees who have suffered or are suffering in the work place. Our top employment lawyers have […]