England Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in England
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.
November 19, 2014 By Purely Probate Solicitors
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
November 13, 2014 By Wright Hassall
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.
October 25, 2014 By 1st Citizen
The UK has announced radical changes to its Investor Visa Scheme.
September 11, 2014 By The Specter Partnership Solicitors
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.
If you are the executor of an Australian person who had assets in the UK you may have to get the Australian grant of probate resealed in the UK before you can access the assets. What do you do if you are the executor of an Australian who dies with assets in the UK? Unfortunately you will probably need to get the Australian probate resealed in the UK.
This article aims to answer the most frequently asked questions regarding redundancy. What is redundancy and what does it mean? According to the Employments Rights Act, Section 139 1996, employees face redundancy because of the following occurrences: • The employer wishes to terminate the business; and • The employer no longer requires the employer’s working role within the company .
A brief explanation of how to get probate in the UK for a French person owning assets in the UK at the date of death, and what to do if it is necessary to remove an administrator appointed for the use and benefit of someone else. If a French person dies with assets in the UK the executors may have to get probate in the UK before the asset can be released.
This is a preliminary advice note and is not a substitute for taking detailed legal advice in relation to your businesses situation, which may be legally complicated. This article pre-supposes that the staff to be engaged are employees and not self-employed. The engagement of self-employed staff will be the subject of a separate article.
A short article explaining the process for the next of kin of someone who lived outside the UK to get probate in the UK. There has been a vast increase in UK born individuals emigrating, but they often keep a rainy day fund in the UK. Other people who are not UK residents have ties to the UK and have some assets here. This has led to demand for legal advice about how to get international probate and release the UK assets when someone dies domiciled outside the UK.
From nightclub brawls, to drink driving, to alcohol related accidents, anyone has experienced British nightlife and pubs will have some understanding of how intoxication can have potentially hazardous consequences. In the past five to ten years we’ve been inundated with media stories about the rise of booze Britain and youth binge drinking, but how much of it is really true, and if true how does this impact upon the rise of alcohol related personal injury?
Summary of the process for obtaining UK probate if a non UK resident dies dies with a bank account, shares or other assets in the UK. Non UK residents who travel regularly to the UK may have UK assets such as a bank account or shares. Unless the amount in the account is very small the banks won’t release the money in the account to the executors without UK Probate. The shares can’t be sold.
Kadmos Consultants welcome recent comments of the President of the Upper tribunal questioning the legality of the new requirement of the immigration rule making settlement applications for Work Permit holders subject to an arbitrary minimum wage benchmark. Kadmos Consultants are happy to announce another stepping stone in their fight for the rights of migrant workers.
An LPA is a legal document that allows someone (called the Donor) to choose who they want to make decisions on their behalf when they lack mental capacity to make the decisions themselves. The LPA must be completed in advance of the Donor losing mental capacity. It is then kept until needed.
The Irish Government has launched two new immigration programs aimed at Investors and Entrepreneurs who are prepared to invest or create jobs in Ireland. - Immigrant Investor Program - The Immigrant Investor Program requires applicants to make substantial investments in Ireland.
Should firms give a fixed fee for Probate work? If so how much should it be? A lot of solicitors still charge a percentage of the value of the estate plus an hourly rate of around £200 for Probate work. Banks charge an extraordinary 3% of the value of the estate.
In order to retain talent in the UK, The UK Border Agency is making certain changes to the existing routes and is also introducing a new visa category known as Tier 1 (Graduate Entrepreneur). The UK Border Agency with effect from 6 April 2012 will be closing down the existing Tier 1 (Post study work) route. As a result, we have been inundated with questions from students looking to extend their stay in the UK.
When a non UK resident dies owning assets in the UK it is often necessary to get Probate in the UK. This article summarises how to get it.