Latest News

12/12/2017

The Christmas period is often a time for people to think about what 2018 can achieve for them individually and as a family – The time to move is often put off until January arrives.

04/12/2017

You may have seen a great deal of commentary in the media in recent days about employment status, particularly in the emerging (if not fully emerged) gig economy. Much of the debate is in relation to whether the individuals engaged are employees, workers or self-employed, as they are often held out to be.

04/12/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for December 2017.
27/11/2017
The days of surprise budgets have largely disappeared and there were very few rabbits for Philip Hammond to pull out of the hat. In fact much of what we heard had already been trailed.  Here, in no particular order are some of the highlights which we feel may impact upon private clients.
22/11/2017
Claims against an estate where no or insufficient provision has been made for someone are increasing. Those who are often have strong claims if they are left out are children or those who lack mental capacity because their needs can be greater.  So who has legal right to bring such a claim on their behalf?  And how do the Executors know who they need to liaise with?
02/11/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for November 2017.
26/10/2017

We continue to have a number of enquiries, from both employers and individuals alike, as to what the impact of Brexit will be on European Nationals working in the UK. You may have seen last week that the Prime Minister gave information as to her intentions. As we have had a number of people asking for this, I am pleased to provide you with the full transcript of the letter. This is especially important if you have EU nationals working in your business.

05/10/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for October 2017.
27/09/2017

To what extent must a  party to an agreement use ‘reasonable endeavors’ to achieve an agreed outcome?  The courts have given useful guidance on the limits to which a party needs to go to discharge its reasonable endeavors obligation.

27/09/2017
There is still no universal rule in UK law implying a duty of good faith into commercial contracts.  Recent court rulings are an important reminder to businesses to ensure their contracts clearly state what is required of the other side – and how their obligations are to be performed.
27/09/2017
Consumers of financial services should benefit from increased clarity as to the terms of insurance following a formal undertaking by London General Insurance Company (LGIC) to amend a term within an extended warranty policy.
06/09/2017

The Persons of Significant Control (PSC) regime brought into being by the Small Business Enterprise and Employment Act 2015 has now been in place for over a year.  Under the provisions and in order to increase transparency, companies were required to investigate their share ownership to ascertain who actually had significant control over them and where shareholders had more than 25% control they were required to declare it in the Company’s registers and at Companies House.

06/09/2017
There are many matters to consider when selling an interest in property; from selecting the right agent to market the property, to finding a buyer and agreeing the sale price, however sellers should also be mindful of their obligations under the Landlord and Tenant Act 1987 (“LTA 1987”). These obligations apply if the seller owns a building containing residential flats, as this may trigger an obligation to offer to sell the interest in the property to the tenants before being able to proceed with a sale of the property to a third party.
06/09/2017
In the past few months, there has been considerable media focus on onerous leasehold terms imposed in relation to some new build leasehold properties, including cases of freeholders charging ground rents which increase from fairly nominal levels to many thousands of pounds in the later years of lease terms. Such provisions have resulted in leaseholders unable to mortgage or sell their properties.
06/09/2017

Recent marriage statistics published for 2014 (the most recent year available) by the Office for National Statistics have highlighted a general increase in the number of marriages taking place, especially in those aged 65 and over.

06/09/2017
Directors – these are the individuals* who are responsible for the running of the Company.  They should have oversight of all aspects of the Company and are responsible for making all major decisions.  They may well have a management team who are responsible to them for certain tasks but the directors are ultimately responsible and liable for the actions of the Company.  The “buck” stops with them.

Shareholders – (sometimes referred to as members) these are the owners of the Company, they have paid for their shares in the Company and own a proportion of it.  If the Company is limited by shares and the shares have been fully paid there is no requirement for the shareholders to invest further funds into it (unless they wish to either by acquiring further shares, security or by way of a loan). 
06/09/2017
The idea of a no-fault divorce has been a hot topic in family law but a recent court decision has proved to a setback for divorcing couples. The judgment is said to be one of the most significant cases of the century so far and is a disappointment to the majority of family lawyers.
06/09/2017

Ambiguous contract clauses often pose a headache for the parties concerned.  A recent dispute concerning ambiguous clauses has resulted in useful guidance from the Supreme Court on how such clauses might be interpreted.

05/09/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for September 2017. 

This is a key note summary of some of the main developments in employment law in the last month.
23/08/2017

Following the breakdown of a relationship, coming to terms with the new dynamics of a co-parenting relationship  can be difficult for some couples.. Figuring out the balance of mutual respect and responsibility can be a challenge. In the majority of cases, parents will put their child’s relationship with the other parent first and put aside their own feelings, to promote a positive relationship between them and their child. In some cases, however, some separating parents set out to harm a relationship between their ex-partner  and the child. The term ‘implacably hostile’ is used for a parent who will do almost anything to aggravate a relationship between the child and their other parent.

23/08/2017

Do you really know who it is you are contracting with? A High Court case has highlighted the very real risk to any business organisation that enters into commercial contracts - but does not understand who they are really contracting with or where the identity of the counterparty is not clearly recorded.

23/08/2017

The Competition and Markets Authority (CMA) has wielded its authority once again, with a robust penalty imposed on a company that restricted online prices in breach of competition law.

22/08/2017

In some commercial relationships, a breach of contract can result in financial savings for the other party (or allow it to avoid a loss).  So does this mean that where a party claims damages for breach of contract, credit should be given where the claimant has made a gain?

22/08/2017

The court of appeal has recently affirmed the approaches taken in previous cases regarding a party’s special contributions. In the case of Work v Gray, the Court of Appeal determined that the husband’s appeal based on his “special contributions” was to be dismissed.

16/08/2017

Anyone who was listening to the Today Programme on Radio 4 on the 15th August may well have heard the interview with Denzil Lush the former Senior Judge of the Court of Protection and the alarming story of the War Veteran whose life savings were stolen by a neighbour who had been appointed as his Attorney. Denzil Lush in particular seemed to suggest that if he were to lose capacity to manage his affairs he would prefer to have a Court appointed Deputy rather than an Attorney appointed under a Lasting Power of Attorney.

02/08/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for August 2017. 

This is a key note summary of some of the main developments in employment law in the last month.
26/07/2017

This morning, 26th July, the Supreme Court ruled that employment tribunal fees are unlawful and the government will now have to repay up to £32m to claimants.

12/07/2017

Is subsequent behaviour ever relevant where there is a contractual dispute?  Under contract law, it is not usually possible to consider subsequent events in deciding how a contract should be interpreted – but a recent case differed somewhat from the general rule where it was disputed whether a contract was ever concluded.

12/07/2017

Business organisations could be forgiven for assuming their commercial contracts are final and can only be varied if done so in writing with the agreement of all the contracting parties – especially if the terms expressly require this.  However, the past year has seen the courts demonstrating a surprising willingness to find contract variations have taken place through a party’s conduct.

12/07/2017

If you are about to enter into a construction contract, you need to know some of the phraseology typically used.  The majority of construction contracts are in a standard form using standard terminology. 

05/07/2017
It is important that we recognise that there are certain groups or members of society that are at increased risk of being scammed and this includes older people and those who are socially isolated or perhaps living on their own. In particular those with Dementia find it difficult to understand the risk and to apply caution to decision making due to their reduced cognitive capability. This makes people with Dementia at an increased risk of responding to scams. The Care Act (2014) has recognised the risk posed by financial crime on individuals and society. Financial scamming is a growing problem and if we fail to respond appropriately, it is likely that the financial and social implications will grow in the future.
05/07/2017

We are pleased to provide you with the Herrington Carmichael LLP employment law update for July 2017. 

This is a key note summary of some of the main developments in employment law in the last month.

28/06/2017
There are Court protocols for many types of claim which are designed to make issuing formal court proceedings a last rather than first resort. It is important that businesses take steps to understand what the new Protocol requires as it will impact on the way accounts teams/credit controllers can chase certain types of debtors.
19/06/2017

The Competition and Markets Authority (CMA) are proving increasingly intolerant of cartels in a concerted drive to protect consumers and businesses, with robust fines being handed out for competition breaches (see links to earlier articles on cartels ).

14/06/2017
A rare thing happened a couple of months ago. A tax break of up to an additional £200,000 was introduced. You may have heard of it – the Residence Nil Rate Band. This was the device that was designed to allow David Cameron and George Osborne to say they had kept their promise (from 2007!) and increased the Inheritance Tax (IHT) Nil Rate Band so as to allow £1,000,000 to pass free of tax to the next generation. Well, David and George may not be around any longer, but their policy was still introduced on 6th April 2017 (despite mutterings from Labour and Jeremy Corbyn that they would withdraw it if elected). However, there are various strings attached …..
06/06/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for June 2017. 

This is a key note summary of some of the main developments in employment law in the last month.
22/05/2017
The Information Commissioner’s Office (“ICO”) has recently imposed a number of fines on separate organisations in what appears to be an increase in enforcement action as we move towards the 25 May 2018; the date on which the GDPR will come into force.
15/05/2017
The Competition and Markets Authority (‘CMA’) has sent another clear message to cartels: they will not be tolerated, and firms will be fined potentially millions of pounds for breaking competition law.  In its latest show of strength, the CMA has imposed fines totalling £2.8m following its investigation into illegal cartels involving two firms that make furniture parts.
15/05/2017

The government’s drive towards greater corporate transparency continues, with a new obligation on large companies and limited liability partnerships to publicly report on payment practices.

02/05/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for May 2017. 

This is a key note summary of some of the main developments in employment law in the last month.
24/04/2017
The Information Commissioner’s Office (“ICO”) has recently imposed a number of fines on separate organisations in what appears to be an increase in enforcement action as we move towards the 25 May 2018; the date on which the GDPR will come into force.
24/04/2017
If you hold information about an individual either on a computer or in certain types of filing systems, you may be holding personal data within the meaning of the Data Protection Act 1998 (DPA).
24/04/2017

Consumers are losing their trust in businesses when it comes to the protection of personal data, a recent survey has revealed.  Data protection is a vital issue for both businesses and individuals, and a survey by the Information Commissioner’s Office (the ICO) reveals that just one in four people trust businesses with their personal information.

04/04/2017

Proposals published by the Law Commission for England and Wales have suggested that those who fail to pay out for divorce settlements could receive a variety of penalties including driving bans and passport confiscations.

04/04/2017
Implied terms in a contract are where they are not expressly set out in writing and are usually included when the express terms of the contract wouldn’t otherwise make reasonable sense. There is an ever growing catalogue of case law showing when the courts have included an implied term and when they have not. In general, in a detailed well drafted contract agreed between two commercially aware parties, you will rarely persuade a court that a ‘missing’ term should be implied.
03/04/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for April 2017. 

This is a key note summary of some of the main developments in employment law in the last month.
29/03/2017
For most people and businesses the land and properties that they own are their most valuable assets. Land registration provides a secure way of noting an owner’s legal interest in land and provides additional safeguards and protection to landowners when compared to the old system of relying on hardcopy title deeds to evidence land ownership.
29/03/2017

The test for implying a term into a commercial contract has been clarified once again by the courts.   The courts are generally willing to imply a term in order to fill a gap, to reflect the parties’ intentions and to give business efficacy to the contract. The starting point is that an implied term must not run contrary to an express contractual term.

29/03/2017
Deutsche Bank has been imposed with a record fine of more than £163m by the Financial Conduct Authority (FCA) for serious anti-money laundering failings.  The fine is a robust reminder of just how seriously the FCA will treat such failings.
28/03/2017

To what extent can a manufacturer be held liable for defective products when there is knowledge that a product is faulty?  The Court of Appeal has clarified that a negligence claim will fail in circumstances where the claimant knows of a fault – even where the product is unreliable.

08/03/2017
This article has been co-authored by the team of LexCounsel, Law Offices and Mr. Yavan Brar, Partner and Mr. Mark Chapman, Partner of Herrington Carmichael LLP in U.K.
06/03/2017

We are pleased to provide you with the Herrington Carmichael LLP employment law update for March 2017. 

This is a key note summary of some of the main developments in employment law in the last month.

21/02/2017
Whether a person from outside the UK is entitled to NHS funded treatment has been very publically discussed in the media over the last few weeks.  However, where a patient lacks capacity there is even more relevance as to their nationality and more importantly, where they are deemed to be habitually resident, as this may impact on what care they can receive.
21/02/2017

The Financial Conduct Authority (FCA) is planning to strengthen investor protection in the crowdfunding industry.  The FCA has recently published its interim report1 on the regulation of crowdfunding, and has announced plans to consult on further regulation.  The report follows a review of the FCA’s current rules on loan-based and investment-based crowdfunding platforms, which came into force in April 2014. 

20/02/2017

The Competition and Markets Authority (CMA) has sent a strong message to businesses to avoid information sharing, after fining a company for exchanging commercially sensitive information with competitors – even though it refused to join the cartel arrangement itself .

20/02/2017

The UK’s law enforcement, security and intelligence agencies now have unprecedented surveillance powers under new laws governing the investigatory powers granted to them.  This has important implications for business organisations.

20/02/2017

The term ‘close of business’ in the commercial context traditionally means around 5pm, but there is no firm legal definition.  A recent ruling sheds light on how the courts approach what they view as a loose phrase that can mean something different from business to business – and serves as a warning to commercial parties to define what ‘close of business’ is to mean in the context of their particular commercial relationship.

20/02/2017

The new register of people with significant control (PSC) requirements are now in force, and final non-statutory guidance1 for companies, LLPs and Societates Europaeae (SEs) has been published. 

06/02/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for February 2017. 

This is a key note summary of some of the main developments in employment law in the last month.
01/02/2017
The legal structure of your business will have a big impact on your responsibilities and taxation. If it becomes apparent as your business grows and changes that an alternative structure would be better for your business, you can change your business structure but this can give rise to significant costs and tax liabilities. Therefore it is important to give proper consideration to the structure that you are going to use at the outset, having in mind your future plans.
01/02/2017

It has now been expressly confirmed that the UK is to opt into the EU General Data Protection Regulation (GDPR) – after much debate and uncertainty. In any event, the GDPR will automatically be binding in the UK when it comes into force in May 2018 as the UK will still be a member of the EU, at that point in time.

25/01/2017

A child leaving home to attend university can be a stressful time for parents both emotionally and financially. There are often discussions or negotiations that take place between parents and their child about how much financial support the child will receive during their time at university.

25/01/2017

With increasing globalisation, and notwithstanding impending Brexit, it is a fact of life that more and more of us own property abroad.  For some of us, it is the holiday home on the other side of the Channel, for others it is an overseas bank account or the life insurance policy set up in the Isle of Man or those American shares that you inherited from Uncle Bert.

25/01/2017

Contractual disclaimers are not always treated favourably by UK law, with their validity limited by the law on unfair contract terms. However, a recent ruling has clarified that a non-contractual disclaimer excluding liability for negligent misstatements in documents online could be relied upon by a bank1.

23/01/2017
The UK’s Information Commissioner’s Office has recently imposed a fine of £150,000 against a company after a portable hard drive containing personal information of 59,592 customers was stolen by a member of staff who was permitted access to the company’s server room.
18/01/2017
Whilst a lot of us are making New Year’s Resolutions and vowing to lose weight, eat more healthily and get organised, we think a crucial New Year’s Resolution should be sorting out your legal affairs. 
11/01/2017
Occupiers of business premises will be very aware that they have all sorts of safety related obligations to those people on their premises.
11/01/2017
As has been well reported in the mainstream media, employers with over 250 employees are going to have to publish information about the difference in pay between male and female employees.  The hope for these new Regulations is that it will narrow the difference in pay between men and women by effectively highlighting the issues. Unfortunately, even in 2017, a substantial gap exists between the pay of men and women. There can be no doubt that the motivation behind the Regulations is virtuous and, in theory, this should be simple.  However, throughout the consultation a number of issues have arisen.  Examples include:
10/01/2017
The planned abolition of corporate directors, which was due to come into effect this month (October 2016), has been postponed for the time being.  Companies therefore have no immediate need to make moves to terminate the appointment of existing corporate directors.
03/01/2017
We are pleased to provide you with the Herrington Carmichael LLP employment law update for January 2017. 

This is a key note summary of some of the main developments in employment law in the last month.
21/12/2016
With the cost of care home and nursing fees a growing area of concern for many individuals, an option often considered is transferring the legal title of their home to someone else.  The problem is: will this effectively ring-fence the property from liability for care home fees?
21/12/2016
There is a common misconception that a Lasting Power of Attorney (LPA) is only useful for the elderly but this is far from the reality that anybody could be the subject of an unforeseeable event which could leave them incapable (for example due to illness or injury) or unable (for example being out of the country) to make important decisions and to manage their affairs.   
20/12/2016
One of the greatest gifts you can give your family after your death is a tidy estate which can be efficiently administered and save them a lot of stress and anxiety. Below is a list of suggestions of what you can do to make the process easier for your loved ones and to allow you to ‘die tidy.’ 
20/12/2016
The General Data Protection Regulation (“GDPR”) will apply to all EEA countries and companies that conduct business in them from 25 May 2018 and despite Brexit, the government has confirmed that the UK will implement GDPR. This article looks at the implication of GDPR for employers and what practical steps employers should be taking now in order to be prepared for May 2018.
19/12/2016
If you are a Landlord you should already be aware that from 1 February 2016 it became your responsibility to check that your tenant or lodger had the legal right to be in the country before offering them a tenancy or licence to live in your property.  This obligation to carry out checks extends to any person over the age of 18 who will be living in the property even if they are not named on the tenancy agreement.  The duty is ongoing: If you are aware that the tenant’s right to be in the UK is time limited then at the time the right expires you must check that they have either renewed their visa or obtained rights to remain in the UK.
19/12/2016
What is a Lasting Power of Attorney? 

A Lasting Power of Attorney is a legal document that you enter into during your life time, when you have capacity, where you appoint a person or persons to make decisions on your behalf in the future (normally when you have lost mental capacity). There are two types of Lasting Powers of Attorney; Property & Financial and Health & Welfare.
19/12/2016

There are many reasons why, after a relationship breakdown, one parent may want to move abroad with their children. It could be to start a new job, to join family members or friends who already live abroad, in many circumstances it may be to return to  a native country.

19/12/2016

A landmark High Court ruling has held that a piece of software licensed on a perpetual basis falls within the legal definition of ‘goods’ for the purposes of the Commercial Agency Regulations 1993 (CAR). 

13/12/2016

2016 has been a year with several high-profile celebrity divorces and their supposed special treatment that they have received from the court. The celebrities and their rumoured ‘quickie divorces’ that have filled the media have given a very unrealistic view on how long a divorce procedure can take and made it look like a much more simple process than it often is.

07/12/2016
Brand owners who have the benefit of Trade Marks to help protect the integrity of their goods have had another boost in the ever more frustrating fight against websites openly selling counterfeit goods into the UK.
06/12/2016

The ‘Right to Rent’ checks were introduced in the Immigration Act 2014 and the provisions came into force in February this year.  The original provision imposed fines on landlords and agents who failed to carry out the appropriate Right to Rent checks.  The new Immigration Act 2016 provisions will come into force on 1 December 2016 and impose criminal sanctions as well as fines to landlords and agents who fail to obtain appropriate documents prior to renting the accommodation or fail to carry out repeated checks on the immigration status of their tenants either on renewal or at the expiry of their permission to be in the UK.

06/12/2016

Companies and their directors are reminded of the need to exercise caution in respect of their sales tactics following recent convictions for aggressive sales practices.  A company, and one of its directors, have been successfully prosecuted for breaches of reg.7(1) Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).1

06/12/2016
We are pleased to provide you with the Herrington Carmichael LLP employment law update for December 2016. 

This is a key note summary of some of the main developments in employment law in the last month.
05/12/2016

The Rubik’s Cube – the multi-coloured game cube that has baffled the nation since the 1980s -  has been the subject of an EU court ruling in which its trade mark protection has effectively been removed.

05/12/2016
The Competition and Markets Authority (CMA) has warned that businesses risk breaching consumer laws on unfair terms by leaving too long a time between contract reviews.  The CMA has just published its results following research into unfair contract terms, which looked at businesses’ behaviours regarding unfair contract terms with consumers.
30/11/2016

The arguments for and against the introduction of ‘no-fault’ divorce in England, Wales and Scotland are being considered in a recent research paper published by the House of Commons library. Written by researcher Catherine Fairbairn, it details the many attempts to introduce the no fault divorce. The most recent attempt to introduce ‘no-fault’ divorce was made last year by Richard Bacon who introduced a Ten Minute Bill which would create no fault divorce. The bill did not go any further than its first reading in the House of Commons.

29/11/2016
We often advice senior or high net worth employees, when their employment is terminating.  Normally, one of the key concerns for those employees is whether they qualify to receive the first £30,000 of any termination payment without deduction of tax or National Insurance Contributions (“NIC”).  
29/11/2016
Parties to commercial contracts often think that the contract will not be  legally binding until signed by both parties.  However, the conduct of one party can still mean a contract is legally binding – even without a signature. 
28/11/2016
On 10 November 2016, Resolution hosted the National Cohabitation Debate at the Law Society Building, 113 Chancery Lane, London. The event was well attended with family professionals up and down the country in attendance, including Danielle Bentley, a solicitor in Herrington Carmichael’s family department.
22/11/2016
During the week of 28th November – 2nd December, Resolution will be campaigning for Good Divorce Week.
21/11/2016
You may have seen in the news and on the radio recently that dementia and Alzheimer’s have overtaken heart disease as the biggest killer in the UK, accounting for almost one in eight deaths recorded in 2015.  There is currently no cure for this terrible disease, but there are ways you can organise your legal affairs now to ease the strain on your family later on.  
15/11/2016

When does a lender lend “by way of business”?   Useful guidance has been given in a recent ruling1 on when occasional lending by lenders must be authorised by the Financial Conduct Authority “FCA” (and therefore enforceable under the Financial Services & Markets Act 2000 “FSMA”) – even though their primary business may not be financial services.

15/11/2016

TalkTalk, the national phone and broadband operator, has been fined a record sum by the Information Commissioner’s Office (ICO) following last year’s ‘significant and sustained cyber-attack’ on its website.  Around 4 million customers were potentially affected following serious, but avoidable, contraventions of the Data Protection Act 1998 (DPA). 

09/11/2016
That may seem a rather curious title for an item on Wills but I will try to explain.
07/11/2016
Herrington Carmichael LLP is delighted to be ranked in the 2016 edition of The Legal 500 directory, announced in October.
07/11/2016
A European Economic Area (EEA) citizen, who is applying for naturalisation in Britain, should know how the rights of their non-EEA family members could be affected when they acquire dual citizenship.
02/11/2016
The ability for landlords to let properties of poor energy efficiency is going to be affected thanks to the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. These regulations, which take effect on the dates below, prevent the letting of F and G rated private properties. The staged implementation will affect all properties which are required to have an Energy Performance Certificate (“EPC”) although there are certain exemptions.
02/11/2016
A parent who took their child out of school during term time has won a recent High Court challenge. But what does this recent ruling mean for schools?
01/11/2016
We are pleased to provide you with the Herrington Carmichael LLP employment law update for November 2016. 

This is a key note summary of some of the main developments in employment law in the last month.
31/10/2016
So, you’re out late, its dark, its raining and you may have had a “few too many”.  You need a taxi home.  Perhaps you call, or perhaps you use a mobile phone app to order that taxi.  The taxi arrives, and you get in.  You’re probably not thinking about whether the taxi driver is employed by the company you ordered it from or is self-employed. It probably doesn’t make a difference to you, as (if you’re anything like me) you’re asleep in the cab! However, for the taxi driver, a recent decision may make quite a significant difference.  
25/10/2016
New Guidelines issued in February 2016 are just starting to work there way through the prosecution system and have real impact on the bottom line of companies convicted of such offences.
05/10/2016
The specialist Corporate and Commercial team at Herrington Carmichael is delighted to have been recommended once again in the Legal 500 directory. The 2016/2017 edition of the Legal 500 sees Herrington Carmichael LLP’s Corporate and Commercial team recommended alongside the firm’s Real Estate, Human Resources and Private Client teams. The UK Legal 500 is regarded as the ‘bible’ to which other legal professionals and users of legal services go when seeking a top quality legal adviser in the UK.
05/10/2016
Poor practice and significant shortcomings on the part of principals who have authority over Appointed Representatives (‘ARs’) have been identified by the Financial Conduct Authority (“FCA”).
05/10/2016
The specialist Corporate and Commercial team at Herrington Carmichael is delighted to have been recommended once again in the Legal 500 directory. The 2016/2017 edition of the Legal 500 sees Herrington Carmichael LLP’s Corporate and Commercial team recommended alongside the firm’s Real Estate, Human Resources and Private Client teams. The UK Legal 500 is regarded as the ‘bible’ to which other legal professionals and users of legal services go when seeking a top quality legal adviser in the UK.
05/10/2016
Poor practice and significant shortcomings on the part of principals who have authority over Appointed Representatives (‘ARs’) have been identified by the Financial Conduct Authority (“FCA”).
05/10/2016

The drive towards greater corporate transparency continues, with an inquiry into corporate governance launched by the Business, Innovation and Skills (BIS) Committee.  Its focus is fixed on executive pay, directors’ duties, and the composition of boardrooms. 

04/10/2016
We are pleased to provide you with the Herrington Carmichael LLP employment law update for October 2016. 

This is a key note summary of some of the main developments in employment law in the last month.
04/10/2016
We are pleased to provide you with the Herrington Carmichael LLP employment law update for October 2016. 

This is a key note summary of some of the main developments in employment law in the last month.
28/09/2016
In recent months there has been an increasing spotlight on good (and not so good) employment practices by large employers.  On 22nd July 2016, the Business Innovation and Skills Committee published a highly critical report on Sports Direct’s employment practices.  This draws attention to how bad press on employment practices can draw potential damage to an employer and its brand. 
27/09/2016

Consumers are losing their trust in businesses when it comes to the protection of personal data, a recent survey has revealed.  Data protection is a vital issue for both businesses and individuals, and a survey by the Information Commissioner’s Office (“ICO”) reveals that just one in four people trust businesses with their personal information.

27/09/2016

New measures simplifying the tax rules for employee share schemes (both tax advantaged and non-tax advantaged) came into force on 6 April 2016.   The changes were intended to provide greater consistency to, for instance, the tax treatment of internationally mobile employees.

27/09/2016
Parties to commercial contracts often think that the contract will not be  legally binding until signed by both parties.  However, the conduct of one party can still mean a contract is legally binding – even without a signature. 
27/09/2016

The Insurance Act 2015 (Act) came into force on 12 August 2016, introducing a clearer and fairer balance between insurers and the insured.  The aim is to help the parties work more closely together and to ensure an insurance policy works as intended in the event of a claim.  So what does this mean for commercial organisations?

27/09/2016
Parties to commercial contracts often think that the contract will not be  legally binding until signed by both parties.  However, the conduct of one party can still mean a contract is legally binding – even without a signature. 
27/09/2016

The Insurance Act 2015 (Act) came into force on 12 August 2016, introducing a clearer and fairer balance between insurers and the insured.  The aim is to help the parties work more closely together and to ensure an insurance policy works as intended in the event of a claim.  So what does this mean for commercial organisations?

26/09/2016

It is not unusual for commercial contracts to include the phrase “for the purpose of…”, but disputes can arise in relation to its interpretation.  The Court of Appeal has clarified that the correct approach to interpreting those words is to construe them as meaning the dominant purpose, and not the sole purpose.

26/09/2016

It is not unusual for commercial contracts to include the phrase “for the purpose of…”, but disputes can arise in relation to its interpretation.  The Court of Appeal has clarified that the correct approach to interpreting those words is to construe them as meaning the dominant purpose, and not the sole purpose.

05/09/2016

We are pleased to provide you with the Herrington Carmichael LLP employment law update for September 2016. 

This is a key note summary of some of the main developments in employment law in the last month.

24/08/2016
Cowes Week is probably the largest and most famous yachting regatta in the world, attended by people and boats from far and wide, often including members of the Royal Family.  So we decided to be there.  Well not quite.  In a departure from our usual activities the Private Clients Department sponsored the Royal Southern Yacht Club (RSrnYC) Academy for Cowes Week.  The RSrnYC is one of the premier yacht clubs based on the River Hamble near Southampton.  The Academy is the section of the club for people under 25, and offers young people cheap membership of the club along with access to a small fleet of 28 foot J80 Sport boats along with special coaching.  Perhaps not surprisingly quite a few of the Academy members are students or graduates of nearby Universities in Southampton.
16/08/2016
With the UK’s robust digital economy and a strong cross-border economy, what could Brexit mean for data protection?  The forthcoming Brexit has wide-ranging implications for all organisations in the UK.  Crucially, it is now uncertain whether the EU General Data Protection Regulation (GDPR) will apply to UK companies which operate within the EU, when it comes into force in 2018.
16/08/2016

We are pleased to provide you with the Herrington Carmichael LLP employment law update for August 2016. 

This is a key note summary of some of the main developments in employment law in the last month.

20/07/2016

Commercial trade secrets will soon have increased protection following the adoption of the EU Trade Secrets Directive.  The Directive covers the protection of trade secrets - undisclosed know-how and business information - against their unlawful acquisition, use and disclosure.

20/07/2016

Is the duty to act in good faith limited in a commercial contract? The High Court has provided useful guidance on the extent to which contractual parties will be under an obligation to act in good faith - and the obligation should be interpreted to accord with good business sense.

20/07/2016
It is increasingly common for parents to help adult children to get on to the housing market by providing deposits or other lump sums. The number of people co-habiting has risen sharply in recent times and when they buy a home together they don’t have the protection of the Matrimonial legislation if they later separate. The myth of the “common law spouse” status being akin to marriage is precisely that - a myth.
13/07/2016

Could Brexit trigger force majeure clauses in commercial contracts? The implications of the forthcoming Brexit are wide-ranging, and could raise significant issues relating to the performance of many commercial contracts.

11/07/2016
Commercial landlords often own adjoining properties or let floors in a large commercial building to different business tenants. The lease will normally give the Landlord rights to carry out development work (not to be confused with repair/refurbishment works) but care must be taken as to the impact on a Tenant.
11/07/2016
So, the vote is in – Britain wants to leave the European Union.  In the panic and chaos that has ensued, we look at what this may mean for employers in the immediate and long term post-Brexit world.
05/07/2016

Annual returns are now consigned to history - replaced with a new ‘confirmation statement’ which companies must file at Companies House every 12 months.  Under new rules that came into effect on 30 June 2016, limited companies and LLPs must now file a confirmation statement, instead of the old annual return.  

05/07/2016

We are pleased to provide you with the Herrington Carmichael LLP employment law update for July 2016. 

This is a key note summary of some of the main developments in employment law in the last month.

28/06/2016

Can EU proposals boost online commerce and encourage competition?  The European Commission (EC) has published a number of proposed measures to stimulate and promote cross-border online commerce between member states.

17/06/2016

Now that the Consumer Rights Act is firmly settled into the legal landscape, the Government has now consulted on terms and conditions (T&Cs) in consumer contracts1  – a key issue it identified at the end of 2015 requiring further work.

14/06/2016

The EU/US Privacy Shield, which was intended to replace the defunct ‘Safe Harbor’ framework for transatlantic data flows, has been rejected by the Article 29 Working Party as it is not sufficiently robust.  The working party says the Privacy Shield needs to be viewed in the current international context, including the emergence of “Big Data” and growing security needs. The Privacy Shield was intended to be ratified in June but the working party is demanding revisions.

14/06/2016

Commercial contracts often contain indemnity clauses which, in essence, are promises to pay a certain amount if a liability is triggered, or a loss is incurred. However, they are not always easily understood, and can impose onerous obligations if insufficient care is taken during drafting.

08/06/2016

More and more businesses are routinely providing goods and services to companies that are in the EU or further afield. If you have got your terms and conditions right, and they fail to pay you, claims can be made in the Courts of England & Wales.

08/06/2016
The death of a loved one, even if they lived a long and generally healthy life, is always distressing to those left behind. If the extended family pulls together it can be an opportunity to renew family ties and celebrate the life and achievements of the recently departed.
08/06/2016

If you own flats in a block and let them out to tenants, you may think that your only obligation as a Landlord is to the flat itself.

A recent Court of Appeal case of Edwards –v- Kumarasamy is a good reason to think again.

07/06/2016

We are pleased to provide you with the Herrington Carmichael LLP employment law update for June 2016. 

This is a key note summary of some of the main developments in employment law in the last month.

01/06/2016

Construction contracts contain more than just the express contractual terms agreed between the parties.  Contractual terms are also implied into the contract by statute and by common law (ie court rulings) – an issue not always taken into account by the parties.

01/06/2016

The new register of people with significant control (PSC) requirements are now in force, and final non-statutory guidance1 for companies, LLPs and Societates Europaeae (SEs) has been published. 

01/06/2016

The terms implied into a construction contract are as critical as the express terms specifically agreed between the contractual parties.  However, whether or not a term should be implied into the contract is not always clear, and has led to plenty of litigation on the issue of implied terms. 

01/06/2016

Can commercial contracts be informally amended – even if its terms state such amendments must be in writing?  The Court of Appeal has said “yes”,  in an important ruling that could have significant implications for all parties to commercial contracts.

01/06/2016

The Government’s proposed extension of Entrepreneurs’ Relief to external investors, revealed in the recent Spring Budget, is particularly welcome news for entrepreneurs and fledging businesses. 

01/06/2016

The vulnerabilities of so called ‘micro businesses’ are being addressed under government plans to protect, and better equip micro businesses in the market place.  The proposals follow responses to a consultation by the previous government in supporting and protecting micro businesses that buy goods and services from other businesses in non-regulated sectors.

01/06/2016

The biggest ever fine has been imposed by the Information Commissioner’s Office (ICO) on a lead generation firm that made more than 46m nuisance calls.  Nuisance calls are increasingly a matter of significant public concern.

17/05/2016
The High Court has recently published statistics showing a significant rise in the number of Court proceedings brought by claimants unhappy with the inheritance that have been left by family and friends.
11/05/2016

 “IR Global” was pleased to announce this time last year that Herrington Carmichael had been invited to join the Group and as a result of the firm’s strong reputation and ability to deliver high quality advice and service, successfully secured “Exclusive Member” status within England (UK) as the recommended referral partner in the ‘Real Estate’ and the ‘Banking & Finance’ sectors.

03/05/2016
We are pleased to provide you with the Herrington Carmichael LLP employment law update for May 2016. 

This is a key note summary of some of the main developments in employment law in the last month.
11/04/2016
What is it?
It is a form of dispute resolution that is uniquely only available for Construction Disputes. It was created by the Housing Grants construction and Regeneration Act and later amended by the Local Democracy, Economic Development and Construction Act 2009. It provides a fast track means of resolving construction disputes usually only between two commercial parties. From the referral of the dispute to a decision being provided can be as little as 28 days. The decision is temporally binding on the parties until either agreement or a subsequent decision of a Court or Arbitrator. It is a rough and ready, albeit very popular form of dispute resolution that can be used during the course of a construction project to resolve issues and aid cash flow.
11/04/2016

 

Since the abolition of the remedy of distress and its replacement with the Commercial Rent Arrears Recovery Scheme more commercial landlords are looking towards using bailiffs to recover their debts, particularly in the current climate where landlords are less likely to want to forfeit a lease.

 

04/04/2016
As a landlord you will no doubt be aware that from 1 February this year you now have an obligation to ensure that your tenants have the right to live in the UK.  However, it is not sufficient simply to be told by the tenant that they have a right to live in the UK.  The burden is on you as the landlord to be certain of their right to rent. 
04/04/2016

We are pleased to provide you with the Herrington Carmichael LLP employment law update for April 2016. 

This is a key note summary of some of the main developments in employment law in the last month.

22/03/2016

Stamp Duty Land Tax is a personal tax liability payable by the buyer of a property and is payable to HM Revenue & Customs ("HMRC") on completion of the purchase of a property.

From 1st April 2016, the Government will introduce higher Stamp Duty Land Tax ("SDLT") rates on properties that are purchased as either second homes or buy-to-let homes. The higher SDLT rates apply to purchases by individuals, partnerships, trusts and companies.

07/03/2016

When are companies legally required to file interim accounts before paying dividends to shareholders?  Successful high street clothing retailer, Next, has informed its shareholders about an irregularity over its dividend payments, and set out proposals to rectify its rule breach.

07/03/2016

The new online dispute resolution platform for retailers and consumers (ODR) is now live and kicking, but what does this new form of Alternative Dispute Resolution (ADR) mean for traders and cross border disputes with consumers? 

02/03/2016
Basically such rights can be acquired if they are exercised by a person over someone else’s land for an uninterrupted period of at least 20 years. It must have been done without the consent of the owner and not using force or secrecy.
02/03/2016
When two companies start working together it can be difficult to predict what the future holds but taking the time to consider the parties intentions can help avoid costly disputes. The importance of having a sound agreement between the parties was the matter of the recent court decision related to Innocent Smoothies.
02/03/2016

In residential property estates the owner of the whole site is entitled, subject to lease and transfer provisions, to charge the individual property owners a service charge.  Often the lease will state that this charge is limited to the costs incurred by the Landlord for the benefit of the property owners.  The importance of being able to support the figures claimed has been reiterated in the recent case of Norwich City Council v Redford & Another [2015] UKUT 30(LC).

02/03/2016
It is understandably easy to be so concerned with winning business or finding the supplier you want at the cost you wanted, to forget about checking those pesky standard terms and conditions (T&Cs)
01/03/2016
We are pleased to provide you with the Herrington Carmichael LLP employment law update for March 2016.  This is a key note summary of some of the main developments in employment law in the last month.
01/03/2016
If you have contracted with a reputable Builder to carry out extensive and expensive works it is entirely possible you will have entered into a properly constituted JCT Small Buildings Work Contract. If you have issues with the Builder about the quality of the work done or whether he should be paid, that Contract will generally contain the necessary clauses to dictate how those issues are to be resolved.
01/03/2016
Whilst it’s often said a verbal contract is not worth the paper it is written on, this is not a fair reflection of the legal position. A contract does not generally need to be put down in writing to be valid and binding on both parties, unless it is for land or some other exceptional circumstances. That said, a verbal agreement does often give plenty of room for misunderstanding and subsequent disputes.
01/03/2016
In the first of our Funding Series articles, our Frances Kyle looks at some of the tips and tools for securing Social Services Funding for your care needs.
01/03/2016
The Government has proposed new legislation which will limit the rights of landlords to recover possession of their properties at the end of the tenancy. The new law would place much greater restrictions on when a landlord can bring tenancies to an end and may cause serious issue for landlords in recovering their properties.
29/02/2016
Most businesses would benefit from a basic understanding of Intellectual Property rights to help protect what they create and to avoid them infringing the rights of other people and businesses.
26/02/2016

The Bribery Act 2010 which was much publicised at the time came into law on 1 July 2011 and with it came considerable guidance to help businesses understand the Act and what it means for them.

 

24/02/2016
Boundary disputes between residential neighbours have the potential to balloon out of proportion to the value of the land in dispute.
24/02/2016
Private landlords are going to be required to undertake immigration checks on all residential tenants and lodgers over the age of 18.
24/02/2016
There are a myriad of legal requirements relating to information that must be clearly visible on a business website and particularly if you are selling on line, be that business to business or direct to consumers.
24/02/2016
When a landlord wants to carry out refurbishment works or other maintenance at a property which he rents out, the landlord needs to ensure that he complies with the leasehold provisions and the statutory rules in order to make sure he can recover the associated costs from the tenants.
24/02/2016

A large number of trees were blown over during the storm in late October 2013 causing a substantial amount of damage. Owner occupiers of residential homes tend to be more wary of the tree in the garden as the risk of damage to the home they live in is very apparent if it becomes diseased or overgrown.

24/02/2016

Lawyers use the phrase a lot and Dispute Resolution lawyers in particular. Unfortunately it is also a phrase many non lawyers have heard of, seen on letters and in emails and often use themselves (without having taken legal advice) without really understanding what it means other than “it sounds legal”.

24/02/2016

Many businesses use Twitter as a marketing tool. For the “one man band” the decisions made about what to say, to whom and how to say it is entirely in the business owners control. But for larger businesses responsibility for tweeting is delegated to senior employees and they may in turn delegate the task to more junior employees.

24/02/2016

Once you have your judgement, the Court does not take its own action to collect the money for you. There are various applications you can instruct us to make to get the money from the debtor. The crucial issue again will be what information you have about the debtor and their financial affairs. We will charge you for the enforcement work at our hourly rates and we will discuss with you whether it is cost effective to proceed.

24/02/2016

In contracts between businesses (not consumer contracts) the Late Payment of Commercial Debts (Interest) Act 1998 implies terms into the contract to enable interest to be automatically applied to the debt at the end of the contractually agreed credit period.

24/02/2016

If your contractors cause damage to your property there are a number of questions you need to ask before deciding to pursue them with legal action:

24/02/2016

The Court provides a number of alternative methods a creditor can use to obtain payment of a judgement debt. One of the most frequently used is a Charging Order.

24/02/2016
Contract disputes generally end up being fought over the interpretation of specific clauses within the contract. It is not uncommon for the entire outcome of a case to be based on just one or two words within a contract that runs to several dozen pages.
24/02/2016

Landlords of residential properties should be aware of the consequences of sending incorrect correspondence to your tenants. In the Court of Appeal case of Saxon Weald Limited v Chadwick [2011] it was determined that an administrative error by the landlord’s staff does not stop the contents of the letter being enforceable.

24/02/2016

A poorly drafted will can create uncertainty concerning the intentions of the deceased as to how their assets were to be distributed. This can lead to arguments as to whether the will is valid and a potential challenge from relatives or friends of the deceased who believed they should have been included. In addition, with people now living longer and the increase of dementia and other diseases, there are now more incidents of Wills being challenged on grounds of lack of the appropriate mental capacity.

19/02/2016
The European Commission has recently announced the EU-US Privacy Shield, a new framework for transatlantic data flows replacing the Safe Harbor framework.  But will this provide adequate protection under data protection laws and what does it mean for businesses?
17/02/2016
Who is affected by the right to rent checks?
The rules apply to all private landlords in the UK who entered into a tenancy agreement on or after 1 February 2016.  If landlords have a written agreement in place with an agent, the agent can carry out the checks on their behalf. The checks must be carried out before the start of a new tenancy for all tenants aged 18 and over.  If the tenant has temporary permission to stay in the UK, the check should be conducted 28 days before the start of the tenancy.
16/02/2016
A deputyship order is an order of the Court of Protection which allows somebody to make decisions on behalf of another person who does not have the mental capacity to make decisions for themselves. In cases of vulnerable young adults the most common arrangement is for parents to be appointed as deputies for their children.
16/02/2016

When you’re going through a divorce it can be hard to put the hurt and upheaval to one side and remember your legal obligations.  The fact is, no matter how much we might want to make life difficult for our former partners, there are rules that need to be followed if you are to avoid getting into trouble.

05/02/2016

Now that the Consumer Rights Act 2015 (CRA 2015) is firmly in place, businesses must work hard to ensure they are compliant with the new legislation.   With consumer protection at the forefront of the legislative changes, there is a very real risk that enforcement action will be taken against businesses that are in breach.

03/02/2016

We are pleased to provide you with the Herrington Carmichael LLP employment law update for February 2016. 

This is a key note summary of some of the main developments in employment law in the last month.

27/01/2016

Footwear manufacturers, those who import footwear into the EU and EU footwear retailers must comply with laws requiring them to show clearly what the footwear is made of.  With the tightening of legislation to further protect consumer rights – a reminder of the existing requirements in relation to footwear is timely.

 

27/01/2016

The Consumer Rights Act 2015 (CRA) has been in force for nearly two months now, giving businesses much needed clarity, and providing additional protection to consumers.  But how and when does the CRA apply where the parties enter into contracts that include a construction element?

 

27/01/2016

A remedy in a commercial contract that is out of all proportion with the aggrieved party’s interest that the remedy seeks to protect, in the event of a breach, is an unenforceable ‘penalty clause’.   The Supreme Court has ruled1 in favour of retaining the traditional rule against penalties - but has given welcome guidance on the issue.

 

27/01/2016

Outsourcing an organisation’s administrative services is rapidly becoming the norm in today’s business environment, with outsourcing to ‘the cloud’ an increasingly attractive option. However, data storing in the cloud (ie internet based data storage) comes with inherent risks.

27/01/2016

As 6 April 2016 draws nearer, companies, both large and small, should be preparing for the implementation of new laws requiring them to keep a register of Persons with Significant Control (PSCs)1 in the continued government drive for corporate transparency.

 

19/01/2016

Non-disclosure of finances by a spouse in divorce proceedings is treated increasingly seriously by the family courts who impose stiff sanctions on those in breach of court orders for disclosure of their finances. 

12/01/2016

How much maintenance should be paid to an ex-spouse, and for how long?  The expert divorce team at Herrington Carmichael is highly experienced in advising clients on maintenance and other financial remedies.  We provide expert, strategic advice on fair and reasonable financial settlements for our clients.

06/01/2016
Global toy manufacturer VTech hit the pre-Christmas headlines for all the wrong reasons when it suffered a major data breach spanning a reported 16 countries.  VTech has released press releases in an attempt to salve the anguish of parents whose children have been left vulnerable to identify theft – and may find itself counting the economic and reputational cost for years to come.
06/01/2016

The biggest shake up in consumer rights law for a generation is imminent, but is your business fully prepared for the new Consumer Rights Act 2015 (‘the CRA’)?

 

05/01/2016

“Bribery blights lives”, states the government guidance on the Bribery Act 20101 (“the Act”) - but are businesses taking the anti-bribery and corruption regime seriously?

05/01/2016

In May 2015, the government’s Enterprise Bill promised to improve regulation across a range of sectors, including reducing unwarranted bureaucracy.

 

05/01/2016

The Business Secretary’s announcement of reviews into the burden of regulation in five key industry sectors will be welcome news to the adult care home and healthcare sector.

05/01/2016

As specialist advisers to healthcare providers we understand the particular issues and nuances faced by practitioners in the ever changing healthcare industry.

05/01/2016

How are damages assessed where a contractual party makes a claim for both negligence and breach of contract? It’s not uncommon for an aggrieved party to have more than one potential claim following breach of a commercial contract.

 

05/01/2016

The construction of commercial contract terms continues to exercise the courts.  This means an abundance of judicial guidance that assists commercial clients and lawyers on how best to draft commercial contracts to minimise the risks of future disputes.

05/01/2016

We are pleased to provide you with the Herrington Carmichael LLP employment law update for January 2016. 

This is a key note summary of some of the main developments in employment law in the last month.

23/12/2015

The Government made squatting in residential properties a criminal offence by virtue of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which came into force on 1 September 2012.

22/12/2015
Forgetfulness and mistake can prevent a party from going back on a common understanding of rights or facts under the doctrine of ‘estoppel by convention’.
22/12/2015

The first ever Deferred Prosecution Agreement (‘DPA’) application by the Serious Fraud Office (SFO) has been approved by the courts.  It follows a fraudulent transaction which was self-reported to the SFO by the defendant in question (Standard Bank plc) and is the first case where a company has been charged for failing to prevent corruption under s7 Bribery Act 2010. 

21/12/2015

How loyal must company directors be to their shareholders? Not very – it would seem, following a High Court ruling1 that has important implications for both directors and shareholders.

 

21/12/2015

Boxing fans will know that Tyson Fury is never far from making a controversial statement. However, having toppled the all-conquering Wladimir Klitschko, his views and twitter feed are now receiving the attention of the main stream media. As you may have seen, Tyson has made various comments which are both potentially offensive and discriminatory against homosexuals and women. As a result there was increasing pressure on the BBC to remove him from the Sports’ Personality of the Year shortlist and he has been subject to a criminal investigation. Obviously, Tyson does not have a conventional employer to account to, but if you were employing Tyson (or someone like Tyson who had a propensity to making statements of this nature), how would you deal with these issues?

21/12/2015
If you are facing the prospect of separation or divorce it's important to consider mediation and 'collaborative law' to facilitate an amicable resolution away from the courts.
21/12/2015
The number of divorces in England and Wales is declining but increasing for the 'Baby boomers' who are now aged in their forties and fifties.
21/12/2015
With Christmas and New Year over life returns to normal for most people, Unfortunately for some it leads to pain as their relationship breaks down.
20/12/2015
The Court of Appeal recently made clear that ex-wives should find paid work once their youngest child reaches the age of around seven years. This decision sends out the clear message that lifelong maintenance is not routinely ordered and that a spouse’s reasonable earning capacity must be given more weight. In short wives are expected to find employment and cannot rely on childcare commitments.
02/12/2015

If you have ever bought goods that have turned out to be defective and taken them back to the shop, you may have had to be firm with them about your rights under the Sale of Goods Act in order to get a replacement or your money back.

02/12/2015

During 2015 Surrey-based law firm Herrington Carmichael LLP has seen a large increase in clients looking to operate internationally and has been working with them to secure investment and trading opportunities overseas.

02/12/2015

A consent order following a financial agreement on divorce can be varied by a court, but the judge must consider whether  making a variation to a consent order  would cause undue hardship to one of the parties.  ‘Some’ hardship is not sufficient.

02/12/2015

The new Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2015 (which amend the Privacy and Electronic Communications (EC Directive) Regulations 2003) will affect businesses that use direct electronic communication as a means of marketing.

02/12/2015

New essential requirements for the packing or filling of packaging with products are now in force.   Under the Packaging (Essential Requirements) Regulations 2015 (the “Regulations”), no one who is responsible for packing or filling packaging with products - or importing packed or filled packaging - into the UK may place that packaging on the market unless it fulfils ‘essential requirements’.

02/12/2015

Businesses are handling potentially huge amounts of highly sensitive digital information, and recent cyber attacks are a salutary reminder that no organisation can afford to be lax concerning its cyber security.

02/12/2015

The EU’s Court of Justice (ECJ) has ruled that the US-EU Safe Harbor agreement does not provide adequate protection for data transferred from the EU to the US. The ruling follows a complaint to the Irish Data Protection Commissioner (DPC) by an Austrian student in relation to the transfer of personal data on Facebook by Facebook Ireland.  His complaint followed the publicity surrounding Edward Snowden and the secret data collection by the US National Security Agency (NSA). 

02/12/2015

Shareholders can legally make decisions by way of ‘informal unanimous consent’.  This is known as the Duomatic’ principle.  This informal unanimous consent exists where it can be demonstrated that all shareholders with the right to attend and vote at a company’s general meeting, assent to a matter which a general meeting of the company could carry into effect.

01/12/2015

We are pleased to provide you with the Herrington Carmichael LLP employment law update for December 2015. 

This is a key note summary of some of the main developments in employment law in the last month.

03/11/2015

We are pleased to provide you with the Herrington Carmichael LLP employment law update for November 2015. 

This is a key note summary of some of the main developments in employment law in the last month.

27/10/2015
If a landlord of commercial premises let to an individual trader and that trader fell behind with his rent, the landlord would often use a Statutory Demand to ensure the trader paid up. The Demand is the prelude to a Bankruptcy Petition and the minimum figure for bankruptcy was an undisputed debt of £750.
22/10/2015

On 6th October 2015, the European Court of Justice sent the internet industry into a spin by declaring invalid a data protection agreement, called Safe Harbour, between the EU and the US.

14/10/2015
The changing dynamics of family life and the costs of childcare are such that many grandparents now have to provide care for their grandchildren.  Many parents struggle to meet the costs of childcare and, as a result, grandparents are often called upon to provide either occasional one off childminding or a longer more sustained support.  Some grandparents, who have worked for a prolonged period of their life, may not wish to give up work to take on this care or may be financially unable in light of their own living costs. 
14/10/2015

Data protection and marketing legislation continue to be hot topics for businesses – a number of recent high profile cases and large fines issued by the Information Commissioner’s Office (ICO) reinforce the importance of compliance.

14/10/2015

If you’re contemplating divorce or going through divorce proceedings, avoid the temptation to hack your ex’s email account or open their personal post – even if you suspect they are hiding income or assets.  This is illegal and any evidence you discover may not be used in evidence in financial remedy proceedings.

 

13/10/2015

We are pleased to provide you with the Herrington Carmichael LLP employment law update for October 2015.

10/09/2015
Have you made the most of the tax exemptions and reliefs available to you in this tax year which ends on 4th April 2015? We have prepared seven questions for you to ask yourself as a quick check of your tax efficiency this year. If you feel you have not made the most of the year, it is not too late!
02/09/2015

We are pleased to provide you with the Herrington & Carmichael LLP employment law update for September 2015.

This is a key note summary of some of the main developments in employment law in the last month.

26/08/2015
Whilst the number of mergers and acquisitions have risen in recent months, some companies are considering demerging to effect a reorganisation within the company. So how can companies demerge when changes are required within the business, for instance, because a business activity is no longer efficient, or to protect another business activity?
24/08/2015
If you are a leasehold owner of a flat you may be eligible to claim a lease extension under the provisions of the Leasehold Reform Housing and Urban Development Act 1993. If you meet the requirements you will be able to request a 90 year lease extension from your landlord.
17/08/2015

We are pleased to provide you with the Herrington & Carmichael LLP employment law update for August 2015.

This is a key note summary of some of the main developments in employment law in the last month.

17/08/2015
The Financial Conduct Authority (FCA) has issued new rules and guidance on the regulation of remuneration in the financial sector. The rules are part of a drive to transform the regulatory regime and strengthen rules governing bonuses and set out the consequences of excessive risk taking activities for those working in banks, building societies, and the Prudential Regulation Authority (PRA) -designated investment firms, (including UK branches of non-EEA headquartered firms) (Regulated Businesses).
17/08/2015
A recent case at the High Court has provided a useful reminder of the importance of properly incorporating T&Cs into commercial relationships – and not merely relying on a passing reference to T&Cs in contract documents.
17/08/2015
A recent High Court judgment has demonstrated the potential importance of including audit clauses in contracts. Below we consider the function and remit of audit clauses, and how the courts are likely to view them.
27/07/2015
A recent breach of contract case involving an airline and a seating manufacturer provided some useful principles which can be generally applied to mitigation of loss and recoverable costs.
14/07/2015

A Family Court judge has made clear that in a parent’s application to move to another country with a young child, the emphasis should always be on the child’s needs – and not on the needs of the parent.

 

14/07/2015
Unless you are retired or work from home, it is likely that each morning you join the daily commute to a place of work. Whether you buy a ticket for public transport or you get in the car each day, this takes time. But, what if you have irregular journey’s to work and have to start working for your employer at a different place each day. This may well take you longer. So, should you be paid for that travel time?
12/07/2015

All commercial landlords and tenants will be familiar with the need to be completely accurate and compliant with the terms of their lease when serving a break notice. The reason for this was neatly summarised by Lord Diplock in 1976 stating that the right to serve a break notice comes from

“an irrevocable offer (being supported by consideration so that it cannot be revoked). In order to be turned into a binding contract, the offer must be accepted in exact compliance with its terms. The acceptance must correspond with the offer”

08/07/2015

We are pleased to provide you with the Herrington & Carmichael LLP employment law update for July 2015.
This is a key note summary of some of the main developments in employment law in the last month.

23/06/2015
In a recent article, we considered how the new Consumer Rights Act 2015 will affect traders and consumers when it comes into effect in October. One aspect of the Act which will, undoubtedly, affect many businesses is the new definition of ‘digital content’ and associated rights and remedies.
23/06/2015
On 6 April 2015, HMRC introduced a new regime for the way employee share incentive schemes are managed. Failure to comply with the new procedures by the strict timetable can have serious consequences for a firm – including the loss of any tax advantages.
16/06/2015
This article is a brief reminder that consumers were granted enhanced rights of redress against consumer facing businesses that employ aggressive or misleading practices under legislation that came into force last October. The expert commercial team at Herrington & Carmichael can advise you on the implications for your organisation and steps you should be taking to avoid court action by consumers.
16/06/2015
With difficulties in securing traditional forms of lending from banks in recent years, companies have been turning to innovative ways of sourcing investment. The mini-bond is proving a popular option – but precisely how do they work, and what are the benefits for both business and investor?
16/06/2015
From 1st October 2015 the Consumer Rights Act 2015 (CRA) will come into force, streamlining existing pieces of legislation designed to protect consumers into one statute.
10/06/2015

Being an Executor is an important role both for ensuring that the wishes of the person who died are carried out but also for ensuring that all the administration associated with dealing with someone’s estate is correctly managed.  It is a job that is often given to close family and friends who may also be significant beneficiaries as well.  It is precisely because of these things that problems can occur. Sometimes those problems need legal intervention.

03/06/2015
Bearer Shares are shares that have been issued by a company but no person or body is registered as the registered holder ie. the identity of the holder of the shares are not shown just the existence of the shares is recorded in the statutory registers. The company merely records the fact that the shares have been issued and the holder of the certificate at any one time is the owner.
03/06/2015
We are pleased to provide you with the Herrington & Carmichael LLP employment law update for June 2015. This is a key note summary of some of the main developments in employment law in the last month.
01/06/2015
The Care Act will come into force in April next year and will change the way that care costs are funded in England. The headlines have emphasised the positives of the new system particularly the introduction of the ‘Care Cap’ however when analysed the new system may not be as good as it first appears. Here we provide a summary of the key provisions of the Act so that you will know exactly what to expect.
27/05/2015
Are you considering representing yourself in the divorce court? If so, it is important to think about the potential problems you could face without specialist advice from a family lawyer. The family and divorce team at Herrington Carmichael is highly experienced in advising and representing individuals during divorce and financial matters.
27/05/2015
Are you considering entering into a post-nuptial agreement? The expert family and divorce team at Herrington Carmichael is highly experienced in advising on both pre-nuptial and post-nuptial agreements and their potential effects.
26/05/2015
By the end of 2015, it is anticipated that the new EU General Data Protection Regulation (GDPR) will have been adopted following the conclusion of wide-ranging consultations across all 28 EU. Member States. The aim: to establish a common data protection framework.
26/05/2015
An Appeal Court ruling raises issues regarding the use of the ‘own name’ defence in trademark infringement cases. The case (Assos v ASOS [2015] EWCA Civ 220) relates to the use of the ASOS brand name by the online fashion retailer ASOS, originally known as ‘As Seen on Screen’. Another retail clothing company had registered a Community Trade Mark (CTM) in 2005 for the use of the name Assos, and brought trademark infringement proceedings against ASOS.
26/05/2015
The FCA has given The Bank of New York Mellon London Branch (LB) and The Bank of New York Mellon International Limited (IL) substantial penalties for breaching FCA regulations – evidencing the need to diligently manage compliance, or risk paying a heavy price.
19/05/2015
Over the best part of the last two years, employment lawyers and HR professionals the length and breadth of the country have been debating the principle of “establishment” in the context of collective redundancies. This is all as a result of the case of USDAW v Ethel Austin Ltd.
16/05/2015
It has long been the case that where a person meets certain care needs criteria the NHS will cover the whole of their care costs, and where a person lives in a care home this includes those costs termed as “hotel charges”.  The difficulty is meeting the criteria to receive this funding and, once given, continuing to receive it.
05/05/2015
We are pleased to provide you with the Herrington & Carmichael LLP employment law update for May 2015. This is a key note summary of some of the main developments in employment law and case developments in the last month.
21/04/2015
During election time, Inheritance tax becomes a hot topic of conversation for the main political parties. In the past, suggestions to review Inheritance Tax either by increasing the threshold or lowering the rate of tax have proved popular with the voters. Inheritance tax is classically an unpopular tax, although we would struggle to name a popular one!
21/04/2015
It may come as a surprise to many people but property related fraud is becoming a significant concern and is an area of risk that all residential landlords should consider and against which they should take steps to protect themselves . Fraud by its very nature can take many forms but a fraudster impersonating an owner in order to sell or mortgage property is a crime which has affected some unwary landlords.
13/04/2015
Further to previous reports, the controversial changes which will require disclosure of the beneficial owners of shares in limited companies are a step closer now that the Small Business, Enterprise and Employment Bill has received Royal Assent, signalling greater transparency for companies.
08/04/2015
We are pleased to present the Herrington & Carmichael LLP employment law update for April 2015. This is a key note summary of some of the main developments in employment law and case developments in the last month.
01/04/2015
What is the effect of disclaimer clauses in audit reports, particularly in circumstances where a company enters administration? A recent High Court ruling provides welcome clarification – with the key issue being whether or not the clause was reasonable.
01/04/2015
Two recent judgments in the Court of Appeal have clarified that clauses opting for English law to be applied in an English jurisdiction cannot guarantee that a dispute relating to the contract will be heard under those terms.
01/04/2015
How do you choose your company name? Whilst it’s not always an easy task given the plethora of existing company names, the Government has rather considerately relaxed the rules that restrict words that may be used in company names.
01/04/2015
Foreign firms looking to make investments in the UK should note a recent UN Report identifying trends in International Investment Agreements (IIAs). The report arose from the United Nations Conference on Trade and Development, and identified some key trends of interest to investors from overseas. Perhaps the most notable trend is the rise in IIAs containing sustainable development objectives.
01/04/2015
The extent of liability between contractual parties is invariably set in stone in the form of a written contract. Each party is legally bound by the terms of the contract. The commercial solicitors at Herrington & Carmichael are experienced in advising clients on their liability under commercial contracts.
18/03/2015
On 2nd March 2015 changes to the drug driving laws in the UK came into force. These changes mean that it is an offence for a person to drive whilst a specified level of certain drugs is in their system or they are unfit to drive having taken drugs. The new laws cover sixteen legal and illegal drugs. The limits for illegal drugs are very low, whilst medicinal drugs are higher. However, driving whilst taking medication could still be an offence if it makes a person unfit to drive.
10/03/2015
Are you contemplating or going through a divorce, and concerned about what may happen to money you have inherited? The courts have recently ruled on the important issue of inherited wealth. The expert family and divorce team at Herrington Carmichael is highly experienced in advising on the financial implications of separation and divorce.
10/03/2015
This is a key note summary of some of the main developments in employment law and case developments in the last month.
09/03/2015
If you are a tenant of business premises, it is possible that your tenancy is protected by security of tenure under the Landlord and Tenant Act 1954 (“LTA 1954”). This means that your tenancy does not end automatically when the term expires but can only be terminated by the landlord serving a section 25 notice on you and relying on certain grounds under the LTA 1954. One of those grounds is that the landlord intends to demolish or reconstruct the premises, under section 30(1) (f) of the LTA 1954, commonly known as ground (f).
25/02/2015
The High Court has held that the terms of a settlement agreed by email exchange were legally enforceable – despite further attempts by the offering party to draft amended terms. In Bieber and others v Teathers Limited (in Liquidation) [2014] EWHC 4205, the parties in question reached an agreement after a failed attempt at arbitration, before the beginning of trial.
25/02/2015
A multi-million pound settlement has been reached between star golfer Rory McIlroy and his agency Horizon Sports Management “Horizon”. The settlement comes after a dispute relating to the terms of McIlroy’s contract with Horizon, and the accusation that the contract had been so unfavourable towards McIlroy that it constituted an ‘unconscionable bargain’.
16/02/2015
Buyers, from individuals to companies, entering into sale agreements – rely on warranties for peace of mind. But how far does that protection extend? And if a warranty is breached, what is the likely compensation?
16/02/2015
The Financial Conduct Authority (FCA) has issued guidance clarifying matters regarding retail investment advice and personal recommendations.
16/02/2015
As chef Gordon Ramsay recently discovered to significant financial and professional cost, conferring authority on third parties to sign legal documents carries risks. However, it is an important part of business: signing documents on behalf of senior personnel such as company directors as part of a defined role within the company allows business to continue when key personnel are unable to sign in person.
10/02/2015
It is important for businesses and individuals to have a clear understanding of their rights regarding the use of unique features such as a name, photographic image or signature. In the UK, there are no specific laws designed to protect image rights, so what protections are available?
03/02/2015
Last week the Government indicated that it would accelerate the introduction of plain and standardised packaging of tobacco products in England. A vote to approve the necessary legislation is to be scheduled before the general election in May with the new law being rolled out as early as May 2016 if approved by MPs.
02/02/2015
Every company is required by law to have at least one director. However, there are subtleties regarding different kinds of director which can lead to confusion – and potentially, to legal action.
13/01/2015
The Financial Conduct Authority’s (FCA) annual Business Plan and Risk Outlook[1] sets out the FCA’s objectives for the current year and how it plans to achieve them.
13/01/2015
Entering into a contract is done with optimism, and hope from both parties that a lasting and mutually beneficial relationship has begun.
13/01/2015
Including audit provisions in commercial contracts – not least in the IP and tech sectors – is a popular option, lending a degree of security and confidence to a deal, and enabling contracting parties to be monitored on key aspects of performance including compliance with the terms of the contract and the proper application of security standards.
15/12/2014
Whilst the Christmas season is a time to be joyful, it’s often a period when relationships are under additional stress. January is known for a month when the number of divorces tends to peak...
02/12/2014
When a person dies without having made a Will they are said to have died “intestate”. Dying intestate means that the deceased’s estate is distributed in accordance with the Intestacy Rules. The Intestacy Rules have recently been amended by the Inheritance and Trustees Powers Act 2014 (ITPA), the ITPA makes various changes to the Intestacy Rules but this article will focus on how the changes will affect spouses. For the purposes of this article a “spouse” includes an individual who is married, in a civil partnership or same sex marriage. Please note that the neither the “old” nor the “new” Intestacy Rules recognise unmarried couples.
28/11/2014

The Administrative Court has shed light on what constitutes a ‘consumer’ when it comes to bringing complaints to the Financial Ombudsman Service (FOS).

Bluefin Insurance Service (‘Bluefin’) applied for judicial review of the decision that a company director (Mr Lochner) was eligible to bring a complaint to the FOS, as being a ‘consumer’1.

18/11/2014
Over the past decade, the use of surveillance cameras has increased not only in frequency, but in diversity. With CCTVs a commonplace sight on street corners and business premises, we are now seeing the use of more sophisticated and portable surveillance equipment.
12/11/2014
Consumers now have a new civil right of action, giving them extra protection when they purchase goods and services.
12/11/2014
The financial regulator, the Financial Conduct Authority (FCA), has turned its eye to the procurement of off the shelf technology banking solutions.
12/11/2014
An advisory board has been set up to tackle the thorny issue of late payments - a problem familiar to many small business owners.
11/11/2014
Guidlines on corporate succession planning are to be overhauled by the Financial Reporting Council (FRC), says the Department of Business, Innovation and Skills (BIS).
21/10/2014
The use of social media in the corporate context is increasingly popular with Twitter, Facebook and LinkedIn being such fast-paced platforms.
16/10/2014
It is not uncommon for contractual parties to vary the terms of a contract at a later date - but there could be implications where a later dispute gives rise to a claim for liquidated damages.
16/10/2014
The National Crime Agency will now reject consent requests from organisations in the regulated sector that fail to include for suspicion, or a statement regarding the nature of suspected criminal property.
30/09/2014
The Committee of Advertising Practice (CAP) is making moves to ensure consumers have better clarity over who is hosting websites offering services such as passport or European health card processing.
17/09/2014
With mobile and tablet apps changing the way we seek and share information, are developers falling behind with their duties to collect and disclose personal data appropriately?
10/09/2014
A recent judgement emphasises the crucial importance of scrutinising commercial contracts to ensure that the parties are satisfied with the terms that they are agreeing to.
26/08/2014

It is difficult to imagine a more twenty-first century copyright issue than that of the 'monkey selfie'.

26/08/2014
Joint ventures can be fraught with difficulties, particularly if insufficient consideration is given to adequate and effective contract terms.
07/08/2014
We all know the vows traditionally exchanged at a wedding which include "all that I have I share with you". Clearly, marriage is all about sharing but do we really want to share everything, in the event of a divorce?
06/08/2014
Recent cases have bought into question the advisability of including 'agreement to agree' clauses in contracts. What precisely is an agreement to agree? How are they viewed by the courts? And, is there still a place for them in drawing up contracts.
05/08/2014

News headlines of late have been greatly concerned with the new Data Retention and Investigatory Powers Bill (DRIP), which made a swift passage through parliament earlier this month with cross-party agreement.

 

26/04/2012
The legislation surrounding Trusts and the taxation of trusts for disabled or vulnerable persons is unfortunately complex.
26/04/2012
Trustees owe a special duty to the beneficiaries of any Trust they manage: They must act at all times with honesty, loyalty, transparency and in good faith.
26/10/2010
Illness can develop at a slow or quick pace but accidents happen suddenly. In the blink of an eye your physical and/or mental capacity can be severeley damaged. This is devastating and can have financial as well as emotional affects on your whole family.
04/03/2010
One of the most important things anyone can do is to provide a secure financial future for the ones they care about.