Commercial Client

Disputes in the EU - Rules on Applicable Law
Where a dispute has a foreign element, one of the common problems is deciding under what jurisdiction legal action should be taken. This is avoided in many commercial contracts by specifying the applicable law in the contract, but in consumer contracts there...
Administration of Troncs
The long-running series of disputes between employers in the hospitality industry and HM Revenue and Customs (HMRC) concerning the taxation of employees’ tips and their National Insurance (NI) status seems to have been concluded by the issue of ...
Advice on Acquisitions Deductible
One common area of dispute between companies and the HM Revenue and Customs (HMRC) is that of deductibility of expenses. One of the hottest areas of dispute is often whether an expense is a trading expense (deductible as part of the day-to-day running costs...
Age Discrimination - Life After the Abolition of the Default Retirement Age
The Default Retirement Age (DRA) has now been abolished and it is no longer permissible for an employer to dismiss an older worker on the ground of retirement unless this can be objectively justified under the Equality Act 2010 . This does not mean that...
Are You Data Friendly?
Many businesses regard the Data Protection Act 1998 as something that merely requires a lot of form filling and the payment of fees, but there is a lot more to it than that. The purpose of the Act is to protect a person's right to privacy with regard to...
Bank Deposit Protection Rules for Businesses
In December 2010, new limits were announced for the levels of protection available for different investments underwritten by the Financial Services Compensation Scheme (FSCS). The FSCS protects the deposits of small companies, which are those which meet...
Bribery Act Guidance
The Government provides guidance for businesses on complying with the Bribery Act 2010 , which came into force on 1 July 2011. The Act was originally scheduled to take effect in April 2011, but its implementation was delayed to allow the final version of...
Business Relief - Traps for the Unwary
Most business people know that for family businesses there are generous Inheritance Tax (IHT) reliefs, which generally operate to make assets used in the business exempt or partially exempt from IHT. The reliefs take various forms but have been collectively...
Buying from an Administrator - Take Care
With businesses becoming insolvent in large numbers, opportunities abound to acquire assets from their administrators. However, the low prices sought for the assets are due, at least in part, to the additional risk to the purchaser. Here are some of the...
Companies Act 2006 Overview
The Companies Act 2006 became fully effective from October 1st 2009. It is the principal source of law relating to the conduct of companies incorporated in England and Wales. Companies House publishes useful information on the Act. See the website....
Companies Act Model Articles - Think First
Since the Companies Act 2006 came into effect, the incorporation of a company has been straightforward as the Act provides an easy to use set of model articles of incorporation. However, before you rush off and buy an ‘off the shelf’...
Company Name Rules
You cannot incorporate a company using any name you like. Some names are prohibited (for example, those which suggest a connection with the Government or the Crown) and names will not be allowed if they are too similar to the names of existing companies. It...
Company Formation Checklist
You may have come across advertisements which make forming a company sound very easy, but before you go ahead there are some serious issues to think through. If you have decided that a company is the best vehicle for your new venture then here is a...
Compensation for Loss of Light
Following a recent case in which a dispute regarding a property owner’s right to light was unexpectedly dealt with by the granting of an injunction against a developer, a more recent case has offered guidance on how much compensation might be payable...
Considering Outsourcing
These days more and more processes are being outsourced (run by external contractors under a service agreement) by more and more businesses. It is particularly common to outsource IT functions and telephone call management. Outsourcing can offer many...
Construction Act Changes
On 1 October 2011, changes to the Housing Grants, Construction and Regeneration Act 1996 (normally called the Construction Act) came into force. These apply to all relevant contracts entered into from that date. The changes include: The removal of...
Contractors Are Your Responsibility
A handbook produced by the Health and Safety Executive (HSE) outlines the responsibilities of both the contractor and the client in situations in which work is carried out by contractors rather then employees. It does not apply to circumstances in...
Cookie Law
The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 require consent to be obtained for the use of cookies and similar technologies for storing information, and accessing information stored, on a user’s...
Damages for Wrongful Dismissal
The Supreme Court has ruled ( Edwards v Chesterfield Royal Hospital NHS Foundation Trust ) that a consultant surgeon who suffered a loss as a result of findings of personal and professional misconduct made against him in disciplinary proceedings that were...
Data Loss - What to Do
The Information Commissioner's Office (ICO) has issued gui dance for organisations that lose personal data , having reported that it has been notified of nearly 100 such incidents to date. One of the less intuitively obvious suggestions is to think...
Data Protection Guidance for Landlords
The Information Commissioner's best practice guide for landlords - written to to assist them in complying with the Data Protection Act can be downloaded from the Information Commissioner’s website . The guide includes a checklist which is intended to...
Dealing With Breach of Patent
When you discover that a business has breached your patent, what should you do? The answer to this question has two elements. The first is based on what you can do in law and the second is based on business strategy. Firstly, before picking a fight with...
Dealing With Subject Access Requests
The Data Protection Act 1998 gives individuals the right to access information held about them by organisations. The Act governs how organisations can use the personal information they hold – including how they acquire, store, share or dispose of it....
Dealing with Employee Absence
Employee absences can be both costly and disruptive. It is advisable to have systems in place to measure and analyse these costs so that you can identify problem areas. Are there patterns of absence? Does a particular department have a below average...
Direct Marketing Via E-mail - Regulations
UK law relating to the sending of unsolicited direct marketing material by electronic means are based on the EC Directive on Privacy and Electronic Communications . A major aim of the Directive was to cut down on the amount of ‘spam’ that...

Commercial Client Library

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