Machins Solicitors LLP

Corporate Commercial

Agreement to agree did not amount to a binding contract

Posted on: 04/05/2012 - Corporate Commercial

It is not unusual for people to sign agreements without being fully aware of how legally binding the document actually is and how much protection it gives them.


Director and shareholder in contempt of court after selling assets

Posted on: 04/05/2012 - Corporate Commercial

A director and a shareholder were held to be in contempt of court after selling company assets.


Court awards joint ownership in copyright dispute

Posted on: 03/04/2012 - Corporate Commercial

When commissioning creative work it’s important to establish in advance who owns the copyright.


Delay proves costly for company seeking damages

Posted on: 29/02/2012 - Commercial Litigation   |   Corporate Commercial

Timing can be crucial when taking legal action, as one company recently found to its cost.


Would you like to set up your own business?

Posted on: 02/02/2012 - Corporate Commercial

The Government has joined forces with private enterprise to encourage budding entrepreneurs to set up new businesses.


Does your business need a 'pre-nup' agreement?

Posted on: 02/02/2012 - Corporate Commercial

Businesses can suffer irreparable damage when directors disagree over company policy.


PM wants to 'kill off health and safety culture'

Posted on: 02/02/2012 - Commercial Litigation   |   Corporate Commercial

Prime Minister David Cameron has promised to “kill off the health and safety culture” which he says has become “an albatross around the neck of British businesses”.


When a letter can amount to a written contract

Posted on: 04/01/2012 - Corporate Commercial

A firm of architects has won a dispute over fees after the High Court ruled that a letter it had sent to its client did amount to a written contract.


Regulators to treat businesses as 'customers' not culprits

Posted on: 04/01/2012 - Corporate Commercial

The Government wants businesses to be treated as customers rather than culprits when it comes to the enforcement of regulations and has put forward a number of proposals in response to its recent Transforming Regulatory Enforcement consultation, which set out how the Government wanted a more mature and open relationship with businesses in relation to regulations.

There will be a full scale review of UK regulatory bodies and one of the key moves could be to cut the number of inspections for compliant firms. 


Government plans to modernise UK copyright laws

Posted on: 04/01/2012 - Corporate Commercial

The Government has outlined plans to modernise UK copyright laws to encourage business growth and development.


Playing Background Music in the Workplace

Posted on: 09/12/2011 - Corporate Commercial

The Copyright, Designs and Patents Act provides that playing music on CD, radio on television at work is an infringement copyright. 


Failure to notify under the Data Protection Act could prove costly

Posted on: 09/12/2011 - Corporate Commercial

All businesses which process personal data in an automated form (most commonly by inputting data onto a computer system) are obliged to notify the Information Commissioner’s Office (ICO) that they are data controllers, unless they fall into one of the exemptions under the legislation. 


Common sense should apply when interpreting business contracts

Posted on: 01/12/2011 - Corporate Commercial

Business “common sense” should be applied when interpreting and applying commercial contracts, the Supreme Court has ruled.


The Bribery Act 2010

Posted on: 08/11/2011 - Commercial Litigation   |   Corporate Commercial

All businesses and individuals now need to be aware of new bribery legislation which came into force on 1st July 2011.


Company counts the cost of mistake when drawing up deeds

Posted on: 02/11/2011 - Corporate Commercial

When drawing up deeds it is vital to meet all the legal requirements – otherwise the document could prove invalid and cost you thousands of pounds, as one firm found recently.


Surge in data security breaches by private companies

Posted on: 02/11/2011 - Corporate Commercial

The number of data security breaches by private companies has risen by 58% over the last year, according to figures released by the Information Commissioner’s Office (ICO).


New proposals to allow more firms to avoid audits

Posted on: 02/11/2011 - Corporate Commercial

The Government has put forward proposals to allow more small firms to avoid the need to submit audited accounts – saving businesses in the UK an estimated £206m a year.


Director breached his duty when using borrowed equipment

Posted on: 31/08/2011 - Corporate Commercial

The Court of Appeal has upheld a ruling that a director breached his fiduciary duty when he made personal use of some equipment that had been loaned to his company.


Accountant must pay for enticing away former clients

Posted on: 31/08/2011 - Commercial Litigation   |   Corporate Commercial

When buying a business it’s important to ensure that the seller doesn’t try to entice away clients or customers once the sale goes through.


Contract terms means English company must apply Indian law

Posted on: 09/08/2011 - Corporate Commercial

Companies entering into contracts with businesses abroad need to take care over the small print if they want any future disputes to be settled under UK law.


Huge rise in number of home-based businesses

Posted on: 09/08/2011 - Corporate Commercial

The number of businesses operating from people’s homes has increased dramatically over the last year.


EU to create streamlined European patent

Posted on: 09/08/2011 - Commercial Litigation   |   Corporate Commercial

There is to be a new Unitary Patent providing protection across 25 countries in the European Union.


Company director found guilty of wrongful trading

Posted on: 18/07/2011 - Commercial Litigation   |   Corporate Commercial

A director has been found guilty of wrongful trading after taking money for services his company could not provide.


New law will 'help SMEs protect patent and design rights'

Posted on: 18/07/2011 - Corporate Commercial

A new law has come into effect which should make it easier and less daunting for small and medium sized businesses to protect their patent and design rights.


Be careful about who you allow to sign your contracts

Posted on: 02/06/2011 - Corporate Commercial

A recent case in the High Court has highlighted the need for firms to keep a tight control on who signs contracts on their behalf.


Number of businesses grows despite economic downturn

Posted on: 02/06/2011 - Corporate Commercial

The number of businesses in the UK has been growing despite the economic downturn.


Company must repay £200,000 after breaching contract

Posted on: 02/06/2011 - Commercial Litigation   |   Corporate Commercial

A company must repay £200,000 after failing to carry out work to a high enough standard on a property it was selling.


Businesses now need consumer's consent to use cookies

Posted on: 02/06/2011 - Corporate Commercial

A new regulation requiring businesses to get permission from consumers before placing cookies on their computers has now come into force.


Anti-competition clause 'too restrictive to be enforced'

Posted on: 31/05/2011 - Commercial Litigation   |   Commercial Property   |   Corporate Commercial

Great care is needed when drawing up restrictive covenants; if they are not tight enough they may not be effective, but if they are too restrictive the courts may not enforce them.


Small firms 'will still struggle with burden of EU red tape'

Posted on: 31/05/2011 - Corporate Commercial   |   Employment

The moratorium on new employment laws for small firms has now come into effect but business groups say that EU regulations will remain a major burden.


Tesco fined for risking staff safety

Posted on: 31/05/2011 - Corporate Commercial

Tesco has been fined £48,000 for risking the safety of some of its staff.


Officer tried to sell company using misleading income figures

Posted on: 31/05/2011 - Commercial Litigation   |   Corporate Commercial

Buying and selling businesses can be fraught with difficulties as highlighted in a recent case before the High Court.


LLP had no power to expel one of its partners

Posted on: 14/04/2011 - Commercial Litigation   |   Corporate Commercial

The High Court has ruled that a limited liability partnership had no right to expel one of its partners because there was no binding agreement giving it the necessary powers.


Directors of doomed development project guilty of wrongful trading

Posted on: 14/04/2011 - Commercial Litigation   |   Corporate Commercial

The directors of a development company have been found guilty of wrongful trading after continuing with a project long after they should have known it was bound to fail.


Director banned from revealing information about his former company

Posted on: 14/04/2011 - Commercial Litigation   |   Corporate Commercial

A director has been banned from revealing confidential information that could damage his former company.


Business website owners warned about new EU cookie law

Posted on: 14/04/2011 - Corporate Commercial

Firms that use websites to promote their business are being urged not to fall foul of new EU legislation relating to consumer privacy.


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