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Franchising Your Business FAQs

victoria-giordano-bibby
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Our franchising lawyers work extensively with franchisors and franchisees. Franchising your business for the first time can be a daunting prospect, which is why we’ve compiled these Franchising Your Business FAQs to help you get to grips with the basics. ...

Buying a Franchise FAQs

victoria-giordano-bibby
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If you’re buying a franchise for the first time, it can be difficult to know where to start. Because we like to help our clients as much as possible, here’s our Buying a Franchise FAQs to get you started. ...

Conveyancing Searches for Commercial Property

paul-davies
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We do a lot of commercial property work for our business clients looking for new premises, whether they’re purchasing or taking a lease. As a result, our clients often ask us what’s involved in the conveyancing searches for commercial property. ...

Using Heads of Terms in Commercial Leases and Commercial Property Transactions

paul-davies
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When you’re looking to enter a commercial property deal or transaction, especially a commercial lease, Heads of Terms can be used to set out basic future intentions and expectations ahead of the lease being prepared, without being (usually) legally binding. ...

Is a tenant responsible for repairs and maintenance in a commercial lease?

paul-davies
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Repair and maintenance for a commercial lease is a complicated subject, with many terms and phrases having specific and detailed technical meanings. While we offer a comprehensive commercial property legal service, here we’ll be introducing the basics of a tenant’s responsibilities for repairs and maintenance. ...

Protecting different types of confidential commercial information: 5 key tips

ian-carson
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A key asset of your business that can be overlooked is your technical know-how and commercially sensitive data. In this advice blog post from our dispute resolution solicitor Ian Carson, we provide our top tips to protect your company’s confidential information: ...

Mind The Gap - Gender Pay Gap Reporting Explained

sean-walsh
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Gender pay gap reporting became mandatory for large private and voluntary sector employers from 6 April 2017 (for public sector employers this was 31 March 2017). Nearly half the UK workforce will be affected by the new reporting rules, which will account for more than 15 million employees. ...

The Honest Guide to What You Do And Don’t Actually Need A Solicitor For – Part 2: Financing Your Business

victoria-giordano-bibby
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As we’ve seen in Part 1: Setting Up Your Company, you don’t always need a solicitor for key tasks in building your business. However, once you start asking for money, the company formation part looks easy in comparison! ...

FAQs: Venture Capital Funding

victoria-giordano-bibby
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We’ve compiled some venture capital FAQs, since we deal with so many start-up and high-growth companies who are seeking investment, but may not know where to start. Find out more with our handy introduction to the basics of venture capital, and watch this space as we add further FAQs on venture capital funding. ...

The Honest Guide to What You Do And Don’t Actually Need A Solicitor For – Part 1: Setting Up A Business

victoria-giordano-bibby
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There’s no doubt that legal advice is beneficial and in some cases invaluable when setting up your business. However, at Harper James Solicitors, we pride ourselves on being totally upfront with our clients... ...

FAQs: EMI Share Option Schemes

abby-watson
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EMI schemes can be complex, and our clients understandably have many questions about them. In this advice piece, we answer your EMI FAQs, and also provide a glossary for the common terms you might come across when researching EMI share options. ...

Terminating Commercial Contracts

ian-carson
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Commercial contracts are of course designed to protect a company's interests. But when one party needs or wants to terminate a commercial contract, how do you ensure a safe exit for both parties? ...

The Hidden Legal Dangers of Joint Ventures Going Sour

ian-carson
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Joint ventures can be a great way to pool resources, talent and knowledge into a business - not to mention spreading the risk. But what kinds of joint venture disputes are likely to arise, and how can you resolve them? ...

News: Business Growth Show

toby-harper
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We’re delighted to announce that we’ll be exhibiting at the Business Growth Show next week. The show is celebrating it's 10th year and invites businesses from all backgrounds to find new and inventive ways to help their business grow. ...

Headscarf Ruling: European Court Rules That Headscarves Can Be Banned At Work

sean-walsh
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The European Court of Justice (ECJ) has ruled that in certain circumstances, employers can ban workers from the "visible wearing of any political, philosophical or religious sign", including headscarves. ...

News: Venturefest East Midlands

toby-harper
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We're delighted to announce that we'll be exhibiting at Venturefest East Midlands next week. The show is recognised as one of the most prestigious business events in the region and brings together thousands of local SMEs looking to secure investment and growth in their business. ...

Do You Know The Difference Between Contractors & Workers?

sean-walsh
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The “gig economy” relates to independent contractors working with organisations for short-terms engagements or “gigs”. One issue that’s been in the news lately is the difference between an independent contractor and a regular worker and rights concerning holidays, pensions and the National Minimum Wage. ...

Brexit & Your Trade Marks – What To Expect

gemma-pickavant
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There’s been a lot said since the UK’s decision to leave the European Union (EU). What businesses need to consider is still largely up for debate, but one thing that’s almost certain is that you’ll need to review your intellectual property after Brexit. ...

What Is Flexible Working?

sean-walsh
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Flexible working is on the rise within businesses in the UK as employees look to secure roles with working hours that are tailored to their lifestyles. ...

Workers On Strike - What You Need To Know

sean-walsh
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With workers at the Post Office, Southern Rail and the Royal Mail in the news due to strike action this week, it’s important to know what your rights are as an employer about what you can do if your staff decide to take industrial action. ...

Top 10 Most Bizarre Intellectual Property Disputes

gemma-pickavant
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You'd like to think that everyone knows the difference between Iceland the supermarket and Iceland the country. If your mum says she’s “just popping to Iceland”, you expect her back within a couple of hours, and if someone says ...

Get Your Business Prepared For The GDPR

lillian-tsang
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The General Data Protection Regulation (GDPR) will bring some key changes in personal data in May 2018 that business owners should be aware of. Our data protection solicitor, Lillian Tsang, discusses what you need to know ahead of the GDPR coming into effect. ...

What Is Alternative Dispute Resolution?

gemma-pickavant
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Alternative Dispute Resolution (ADR) is commonly used as an alternative to going to court to settle a dispute. There are different types of ADR, and your choice of which method to use will depend onseveral factors. In our latest blog, Gemma Pickavant explains the general benefits of using ADR, as well as the different types of ADR available to you. ...

NEWS: Dispute Settled Successfully At The Intellectual Property Enterprise Court

toby-harper
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Harper James’ Intellectual Property team has settled a client’s claim at the Intellectual Property Enterprise Court (IPEC) for "a substantial sum" backed by court orders. The IPEC was recently set up as a cheaper and faster alternative to the Patents Court for SMEs who wish to raise or challenge a dispute about their intellectual property. ...

Direct Marketing & Data Protection - What You Need To Know

gemma-pickavant
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Sending out promotional materials is a great way of drumming up new business. But when you’re issuing marketing messages, you need to make sure that you keep to the Data Protection Act and its principles. ...

Data Protection - What Is Personal Data?

gemma-pickavant
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With more and more transactions taking place on the internet, business is on the up for traders selling their products or services online. However, this means that there's an increasing amount of personal data being collected and stored in the process. ...

Are You Ready For Auto-Enrolment?

gemma-pickavant
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As the automatic enrolment staging dates for small businesses approach, Gemma Pickavant takes a look at the requirements for enrolling your jobholders on a pension scheme and the steps you need to take. ...

The Benefits Of Franchising Overseas

lindsay-gledhill
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Our expert franchising and brand development solicitor, Lisa Sen, explains some of the benefits of franchising internationally, as well as the things to look out for in different countries. ...

Investment Schemes - Attracting Investors To Your Business

toby-harper
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Toby Harper takes a look at the types of investment schemes available for your business and weighs up the pros and cons for each.  If you’re the owner or director of a startup or small company, then it’s likely that you’ll be interested in attracting some investment into your business. ...

What Is A "Fair" Dismissal?

gemma-pickavant
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With former Top Gear presenter Jeremy Clarkson filming for his new television show, having had his contract terminated by the BBC after the famous “punch fracas”, Gemma Pickavant looks at the grounds for fair dismissal and considers the circumstances where you can dismiss an employee for their behaviour outside of work. ...

Helping business to grow by establishing sound foundations

clinton-mckenzie
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At Harper James Solicitors we enjoy working with businesses that are seeking to exploit new ideas and/or defy convention, especially when associated with achieving ambitious targets. These clients may be long established or nascent, operate in traditional sectors or new growth markets or may be looking to take advantage of new ideas or developments. ...

The Price Of Conflict

clinton-mckenzie
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Our Client Services & Operations Manager , Clinton McKenzie, analyses the results of a recent survey which revealed that UK SMEs are experiencing a negative impact on their business due to a legal dispute... ...

A warning to professional consultants offering informal advice

toby-harper
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This business development briefing just provides an overview of the law in this area. You should talk to a lawyer for a complete understanding of how it may affect your particular circumstances. A recent court judgment highlights a risk common to any ...

Injury to feelings compensation payment taxable as termination payment

toby-harper
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The Upper Tribunal (Tax Chamber) has held that a settlement payment for injury to feelings made in connection with a termination of employment was taxable as a termination payment. The payment was made to settle all the taxpayer's claims against the ...

Monitoring employees' emails in the workplace and the right to privacy

lillian-tsang
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This business development briefing just provides an overview of the law in this area. You should talk to a lawyer for a complete understanding of how it may affect your particular circumstances. Businesses should take note of an important case on privacy ...

SMEs have low level of knowledge and understanding of competition law

toby-harper
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Research by the Competition and Markets Authority (CMA) indicates that small and medium-sized enterprises (SMEs) have a low level of knowledge and understanding of competition law. However, the report also suggests that SMEs have an intuitive understanding ...

Providing a reference: business development briefing

clinton-mckenzie
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his business development briefing just provides an overview of the law in this area. You should talk to a lawyer for a complete understanding of how it may affect your particular circumstances. An Employment Appeal Tribunal (EAT) case highlights the ...

Specific Performance ordered before contractual completion date

ian-carson
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This business development briefing just provides an overview of the law in this area. You should talk to a lawyer for a complete understanding of how it may affect your particular circumstances. A recent High Court decision may provide assistance to ...

Discrimination and harrassment

sean-walsh
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This business development briefing just provides an overview of the law in this area. You should talk to a lawyer for a complete understanding of how it may affect your particular circumstances. Instruction not to speak native language at work was not race discrimination (EAT) The EAT has upheld an employment tribunal's decision that an instruction to an employee not to speak Russian at work was not ...

How does the recent Schrems ruling on the Safe Harbor Scheme affect UK data controllers

lillian-tsang
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Recap - Safe Harbor Scheme The Safe Harbor Scheme was an agreement entered into between the EU and the US in order to streamline the process for transferring data from companies in the EU to companies in the US. This was required because The Data ...

Break clauses in leases: Important Supreme Court judgment

toby-harper
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Landlords will breathe a sigh of relief following a Supreme Court decision. The court ruled that it was not appropriate to imply a term into a lease that entitled a tenant to a refund of the rent, car parking licence fee and insurance charges that it had ...

Restrictive covenants in agency agreements

lillian-tsang
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A Court of Appeal decision provides a useful example of restraint of trade in a contemporary business-to-business situation. The court upheld clauses restricting the UK agent of a money transfer business from acting as agent for the principal's ...

Company fined £700,000 for corporate manslaughter

sean-walsh
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A company has been sentenced to a £700,000 fine after being found guilty by a jury for corporate manslaughter. It was also ordered to pay all CPS costs and half of the Health & Safety Executive's costs. The conviction followed the death of one ...

What's in a name?

toby-harper
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At a time when many other law firms have moved to abbreviate their names or moved to something more modern or hip, why have we decided to buck the trend? To answer that, we should perhaps delve a little into our short but successful history. When I started ...

Data protection and direct marketing

lillian-tsang
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Businesses that use and rely on third party marketing lists should take note of a First-tier Tribunal (Information Rights) decision relating to breach of the Privacy and Electronic Communications Regulations 2003. The tribunal upheld the Information ...

A Recent Case On What Happens To Assets Of A Dissolved Company

gemma-pickavant
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There may be circumstances when a company is no longer needed e.g. the company may no longer be trading or the company’s assets may have been transferred leaving a company only with the cash received. In these situations, the Companies Act 2006 provides a relatively easy process where the company’s directors apply for the company to be struck off the register. ...

Working time for mobile workers with no fixed workplace

sean-walsh
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Companies wanting to exploit the current trend of moving from office-based businesses to more mobile ones will need to take a recent ECJ decision into consideration before changing their approach. The ECJ held that the time spent by workers, who do not have ...

Small Business, Enterprise and Employment Act 2015 (The Act)

gemma-pickavant
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The Act was announced during the Queen’s Speech on 4 June 2014 and gained Royal Assent on 26 March 2015.  The table below contains a high level review of some of the more important corporate aspects of the Act together with provisional ...

HR involvement in disciplinary investigations

sean-walsh
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Businesses will welcome helpful guidelines provided by the Employment Appeal Tribunal (EAT) on how much involvement and influence HR should have in disciplinary investigations. What is crucial is that HR limits advice to questions of law, procedure and ...

Sanctions for copyright infringement

penelope-gibson
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Two recent cases provide warnings to businesses on the sanctions that can be imposed for copyright infringement: In the first case, the High Court passed a 28-day custodial sentence suspended for 12 months on a nightclub owner for copyright infringement. ...