England Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in England
November 24, 2015 By Summerfield Browne Solicitors
Corporate Shareholder Agreements are a vital component of any collaboration and/ or investment and it is important to evaluate the strategic aspects or a Shareholders Agreement before starting the venture.
November 20, 2015 By Summerfield Browne Solicitors
If you are considering a Corporate Collaboration then you will need to consider agreeing a Shareholders Agreement. Knowing what terms to negotiate and agree is the key to a successful Joint Venture.
November 15, 2015 By Summerfield Browne Solicitors
The rights of shareholders are not limited to rights in a shareholders agreement. Shareholders also have statutory rights including rights as a consequence of suffering unfair prejudice. In such instances a shareholder can bring a litigation petition.
November 12, 2015 By Summerfield Browne Solicitors
It is important to consider settling a Litigation claim at any stage in the proceedings. Litigation claims can be settled using a Settlement Agreement and you need to determine what terms should be included in the agreement.
November 11, 2015 By Summerfield Browne Solicitors
The chances of setting up a successful corporate joint venture in the UK are enhanced if you evaluate all the key issues well in advance of commencing the collaboration. The first consideration is to determine what those key issues are.
November 5, 2015 By Summerfield Browne Solicitors
In certain circumstances a corporate contract may not be enforceable where the other party executing the contract lacks authority.
November 3, 2015 By Summerfield Browne Solicitors
Ensuring that you are aware of what to include in Heads of Terms in Commercial Transactions and which clauses should be Legally Binding will enable you to negotiate deals with confidence.
November 2, 2015 By Summerfield Browne Solicitors
In the UK prior to issuing a Litigation claim you should follow the relevant Pre-action Protocol. If you issue Litigation proceedings without following the Protocol then your Claim may be suspended pending compliance and/ or there could be an adverse Costs Order.
October 8, 2015 By Hallmark Legal Services Limited
British-American trade is worth $214 billion, and is continuing to grow despite challenging economic conditions. Often disputes arise, and as a result very often judgments are issued in US courts where the paying party is a UK based company. Hallmark Solicitors examines here the process and enforceability of US judgements in the UK.
October 7, 2015 By Summerfield Browne Solicitors
The Consumer Rights Act 2015 has recently been implemented in the UK. The Act provides for key changes in relation to consumer rights relating to the sale of goods.
October 1, 2015 By Summerfield Browne Solicitors
The Small Business, Enterprise and Employment Act 2015 is being implemented in the UK.
September 25, 2015 By Summerfield Browne Solicitors
Protecting inventions can be a key component in building a successful business. Practical considerations in evaluating a potential patent infringement claim must be provided.
Have you Considered Registering a Patent? Here are Some Practical Tips to Consider Before Registering a Patent
September 2, 2015 By Summerfield Browne Solicitors
Registering a patent can be complex, expensive and can take many years. Below we evaluate what you should be considering before applying to register a patent.
September 1, 2015 By Summerfield Browne Solicitors
Are you aware that even if you have not registered a trade mark, you may still be able to enforce rights in your trading name or brand name and prevent others from exploiting it? If not, read this article for more information.
August 24, 2015 By Summerfield Browne Solicitors
Brand identity and protecting it from abuse is key to the success of any business. Guidance on evaluating whether a registered trade mark has been infringed in the United Kingdom.
August 17, 2015 By Levi Solicitors LLP
Moving home is a stressful experience at the best of times. Luckily you can entrust your conveyancing solicitor to sort all legal aspects – content that they know best and one less concern for you! However, what do you do when moving house goes terribly wrong?
August 17, 2015 By Summerfield Browne Solicitors
Protecting your business brand identity is very important. This article analyses the legal grounds upon which a trade mark can be registered and the practical procedure for registering a trade mark.
August 10, 2015 By Summerfield Browne Solicitors
If you are a company director you have certain duties which are owed to the company. What happens if you breach those duties?
August 3, 2015 By Summerfield Browne Solicitors
Are you the Director of an English Company? If so you owe certain duties to the Company and if you do not comply with them then you are at risk of being sued.
July 27, 2015 By Summerfield Browne Solicitors
Employers should be aware that terms may be implied into an employment contract in circumstances where there are no equivalent express terms agreed between the parties. A term may be implied into an employment contract by common law or statute and they fall into the following categories: (i) terms implied in fact; (ii) terms implied by law; (iii) terms implied by custom and practice; and (iv) terms implied or modified by statute.
July 20, 2015 By Summerfield Browne Solicitors
Are you concerned that if some of your key employees left, they would be able to exploit know how gained while working for you, at the expense of your business? If so, then read this article to see how you can protect your business.
July 13, 2015 By Summerfield Browne Solicitors
Are you concerned that some of your key employees have knowledge about your business which could in certain circumstances, if such information was exploited by the employee, damage your business? If so find out how to protect your business.
July 2, 2015 By Levi Solicitors LLP
Propelled by the government’s investment in property, the construction industry is a leading section for the UK economy. In an industry where workers rely upon pneumatic tools, heavy duty machinery and other high-risk tasks, it is surprising that 40% of construction sites failed health and safety checks last year.
June 29, 2015 By Summerfield Browne Solicitors
What can early stage companies do to retain key personnel when they might not have sufficient funds to pay competitive salaries? This article considers one of the most popular employee share option schemes in the UK.
June 24, 2015 By Summerfield Browne Solicitors
Are you looking to retain key personnel? If so this article provides guidance on some of the options to incentivise your employees and therefore increase the chance of the employee staying with your company
June 19, 2015 By Levi Solicitors LLP
People frequently question in they have the right to their own conveyancing solicitor. Of course you are, you’re about to make the largest financial transaction of your life.
June 17, 2015 By Levi Solicitors LLP
The Queen’s Speech confirmed a new Conservative Enterprise Bill which, for most SMEs, cannot come into play soon enough! The bill is aimed to help small business in settling late payments and disputes.
June 15, 2015 By Summerfield Browne Solicitors
Determining the terms of ownership and exploitation of intellectual property rights is a fundamental aspect of forming any commercial joint venture. This Article considers some important preliminary issues that the parties should consider and evaluate.
June 8, 2015 By Summerfield Browne Solicitors
Are you thinking of setting up a corporate joint venture in England? If so then here are a few practical matters to consider before you enter into the joint venture.
June 1, 2015 By Summerfield Browne Solicitors
Are you considering setting up a joint venture in Europe? If so you might consider setting up the joint venture under English Law. Here are a few initial considerations.
May 11, 2015 By Summerfield Browne Solicitors
If you have more than one shareholder in your company, then you should consider agreeing the terms of a shareholders agreement which regulates the rights and obligations of shareholders.
April 25, 2015 By Drukker Solicitors
If a fraud has been committed against your company there may be general desire to get justice by seeing the perpetrator sentenced for their crime and sent to prison. However, commercially astute businesses realise that the use of civil proceedings may be more advantageous.
April 20, 2015 By Stephen Lickrish & Associates
A married couple have been convicted of benefit theft after it was revealed that they had used the overpayments to pay for their wedding abroad.
December 15, 2014 By Wright Hassall
The Financial Ombudsmen Service (“FOS”) resolves disputes between consumers and businesses. So if you want to complain about a Directors & Officers policy, clearly a ‘business’ policy, even if you are claiming in what appears to be a personal capacity, does that fall within the jurisdiction? FOS thought yes, but the broker against whom the director complained in this case asked the Court to review FOS’s jurisdiction.
Nil Rate Band trusts were often included in British Wills made before October 2007. Now they are no longer needed for inheritance tax planning. This article contains advice about what you should do if you are the executor or beneficiary of a Will which contains a nil rate band trust
It would be a truth universally acknowledged among sensible people that the sharing of information on best practice, and the identification of meaningful trends gleaned from data, can only be a bonus for all organisations regardless of operation - and none more so than the NHS.
By 1st Citizen
The UK has announced radical changes to its Investor Visa Scheme.
In the UK Medical Negligence cost the NHS £1.2 billion during 2013/2014 – but why are mistakes within the medical world on the increase? There were over 3,000 claims made within 2011/2012, compared to just 250 in 1981/1982 – have we become a compensation hungry nation, or is medical care really going downhill? We take a look at the issues surrounding medical negligence claims and take you through whether you should make a claim against the NHS.
Where a worker is paid commission on the basis of sales made this commission must be included in the calculation of holiday pay.
Taking a tenancy of airport real estate may at first appear little different to leasing any other type of commercial property. This article highlights some of the traps that may occur.
We consider how the recast Brussels Regulation is aimed at reinforcing exclusive jurisdiction agreements within the EU.
Why the one-year old Jackson civil litigation reforms need to be taken seriously by everyone involved in English litigation, including parties, experts and lawyers.
A review of three recent decisions dealing with a ship manager’s right of arrest under Hong Kong law.
Various ways of financing the bringing of an Employment Tribunal claim in the UK and Wales.
The effect of existing employment non competition covenants when setting up your own business in competition with a former employer.
UK Spouse visa rules changed dramatically in July 2012. A new set of financial requirements for the British sponsor are a challenge to immigration officers, let alone practitioners and lay clients. The author explains how the new financial requirements work.
Why it is Essential to include comprehensive information when you fill in Inheritance Tax forms IHT 400 and IHT 421
Child/spousal maintenance and contact is one of the main issues in any divorce or separation. This article discusses some of the difficulties associated with it.
Businesses in the UK who are looking to sponsor individuals under the Tier 2 & 5 categories are facing excessive delays in getting their Sponsor Licence applications approved. Hudson McKenzie’s Business immigration team represents businesses from all sectors of the UK economy and we have reached out to our clients to gauge the repercussions of these delays. Undoubtedly, it is a unanimous vote that severe delays on part of the UKBA are currently holding back growth in the UK economy.
Why regulation of will writing in the UK is a good thing. Good news. In the UK will writing is going to be regulated by approved regulators. This means that anyone who writes a will or someone else must pass exams, keep up to date with recent developments etc.