England Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in England
January 30, 2017 By KM Legal Net
If you have got an Italian or English judgment concerning civil and commercial matters but the defendant/debtor fails to comply with it and his/her assets is abroad compared to where the judgment has been delivered (i.e. Italian judgment and debtor’s assets is located in U.K. or vice versa) you need to start a particular procedure ruled by European Law.
January 23, 2017 By KM Legal Net
The current and rising spread of cloud computing, social media, wireless connectivity, e-commerce and big data is showing every day more and more severe impact on the security of information systems. Much like the rest of the world, cyber-attacks in Italy constitute a present issue in the increasingly open and mobile market.
January 17, 2017 By KM Legal Net
The ECJ ruling in Joined Cases C-203/15 and C-698/15 Tele2 and Watson. The ECJ’s recent judgment in the important cases C-203/15 and C-698/15 regards the conditions under which Member States may impose general data retention obligations on communications services providers. The decision has remarkable importance, in the light of the necessary balance of human rights concerning national data retention legislation, in matters such as such as privacy, individual rights and public security.
January 9, 2017 By Summerfield Browne Solicitors
If you want to terminate a commercial contract then the starting point is to see whether the contract includes any express right to terminate it.
Subrogation in loan agreements (“surroga del mutuo” or “portabilità del mutuo”) is an innovation introduced in Italy by the Budget Law of 2008, known as “Legge Bersani” and consequently disciplined by art. 120-quater of legislative decree n. 385/1993 (Testo Unico Bancario - Consolidated Banking Act).
Franchise can be a wonderful approach to achieving success in life, as for many people owning a franchise can be a less risky alternative to a standard corporate job. Surely, the empowerment this strategy represents and the reliance on a consolidated brand can be an attractive opportunity, but it is important to carefully consider the terms of the agreement you sign when becoming a franchisee.
Contracts often become the centre of commercial disputes. The five necessary key components of a legally enforceable contract are offer, acceptance, consideration, intention to create legal relations and certainty of terms. If any one of these are absent, or disputable then it may mean that a legally enforceable contract was never created.
Doing Business in Italy - It should be noted that there are subtle differences compared to other countries and it is important that these are understood before deciding to set-up a company in Italy.
If you are selling a business then you should ensure that you minimize any ongoing commercial liability by limiting or excluding liability under the corporate warranties or indemnities.
It’s been a whole full working day and a weekend since the UK (well, just over half of those who turned out to vote) decided the UK should leave the EU. Following on from our recent article we look at what’s happened so far and what should, or could, happen next.
A new EU regulation regarding data protection came into force on 24 May 2016 and, following a two year transition period, it will apply to all member states from 25 May 2018. This is known as the General Data Protection Regulation (“GDPR”). It replaces the existing EU Directive 95/46/EC. As this is a “regulation” and not a “directive” it will apply in the UK without the need for any further implementation by Parliament.
SPEEDREAD: A quick guide to the purpose and effect of a private limited company’s Memorandum of Association and Articles of Association, and how the Companies Act 2006 affects those of companies registered prior to October 2009 and since (i.e. companies in England and Wales).
Are you considering offering shares to someone else such as an employee? If so you might want to consider offering them different classes of share which have different rights. This might be important to protect your voting and decision making power.
A brief overview of the main principles of competition law and what is prohibited, followed by a quick checklist of actions that businesses can take to ensure compliance with competition law. It may also assist businesses to identify illegal anti-competitive behaviour by others.
A very brief look at some of the headline issues involved when entering into Agency Agreements – both for trade within the UK and within Europe.
Are you being threatened with a patent infringement claim in the UK? If so, we consider how to respond to such a claim including analysing possible defences to the claim.
Do you have an Exit Strategy in the event that a Commercial Contract does not work out for You or Your Business?
Options for obtaining a Labour Market Impact Assessment (LMIA) or LMIA exempt work permit.
Canada and UK are frequently cited as being among the most desirable countries where an entrepreneur would want to start a business.
The Canadian immigration process is complex and daunting. Canada has 10 provinces and 3 territories. Each Province and Territory has its own immigration programs for skilled and semi-skilled workers as well as students and investors. In addition, there are also several Federal immigration categories.
Unlike the United Kingdom, Canada does not have a fiance visa immigration category. Canada immigration is limited to the spouse visa category and the common-law partnership category (where people live together for one year or more).
There are hundreds of unauthorized agencies offering Canadian Immigration Services in the United Kingdom, India, China and elsewhere. Many of these agencies only refer cases on to accredited Canadian immigration lawyers. Other companies use their UK immigration license (OISC or Law Society) to mislead the public into believing they are authorized to practice Canadian, Australian, New Zealand and American law!
Many clients feel confident enough to prepare their own applications after reading through the Canadian immigration rules online or by having a consultation with a Canadian immigration lawyer. However, it is worth noting the following statistics involving cases submitted without the assistance of a Canadian immigration lawyer:
A recent change to Canadian immigration law took place in the province of British Columbia (BC) with the creation of the Entrepreneur Immigration Registration (EIR). This new system means that BC now offers a pathway to permanent residence to immigrants who are experienced business people and are looking to invest in and operate a commercially viable business in Canada. This is important for anyone interested in business immigration to Canada.
Transferring Shares in a Corporate Company is a key benefit of being a shareholder and owner of a Company. It is important to ensure that you are aware of the different circumstances under which you can transfer shares and ensure that relevant provisions are included in the company's constitutional documentation.
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.
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.
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.
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.
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.
In certain circumstances a corporate contract may not be enforceable where the other party executing the contract lacks authority.
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.
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.
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.
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.
The Small Business, Enterprise and Employment Act 2015 is being implemented in the UK.
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
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.
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.
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.
If you are a company director you have certain duties which are owed to the company. What happens if you breach those duties?
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.
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?
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.
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.
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.
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.
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.
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