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Corporate e-news

Commercial agreements – do you need a “Brexit Clause”?

Napthens - October 3rd 2018
One of the words most commonly associated with the impact of Brexit on the economy, business, immigration and life in general is ‘uncertainty’; nobody really knows yet what the precise impact of the UK’s exit from the European Union across multiple sectors will be.
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Small firms in data security warning

Napthens - May 18th 2017
Phil Brown, a specialist technology lawyer at regional law firm Napthens, is urging small businesses to regularly review their cyber security. Phil warns that many consider such security only an issue for large businesses, but recently a smaller online retailer was hit with a £55,000 fine by the Information Commissioners Office (ICO) following a security breach.
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Why are restrictive covenants important in sale and purchase of businesses?

Napthens - October 18th 2016
The recent case of Millen v Karen Millen Fashions Ltd & Anor, is an important reminder for all companies who are selling their business to consider any restrictive covenants in the sale and purchase agreements.
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Why should my staff understand contract law?

Napthens - October 18th 2016
Standard terms and conditions are good. They provide uniformity across all contracts and are used in some form or another in most businesses. They do have failings though: firstly, they need to be properly incorporated into the contract; and secondly, even if they are incorporated, care needs to be taken to ensure that they are not inadvertently varied.
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Protecting against currency fluctuation in a post-Brexit world

Napthens - August 8th 2016
One of the words most commonly associated with the impact of Brexit on the economy, business, immigration and life in general is ‘uncertainty.’ Nobody really knows or can anticipate the actual impact of the UK’s exit from the European Union.
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Statutory Demands

Napthens - June 13th 2016
When should I, as business operator, financial controller or finance director use statutory demands?
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‘Nothing is certain but death and taxes’ – Shareholder Arrangements on Death

Napthens - April 11th 2016
Whilst neither tax nor death can be avoided, much can be gained by planning for the death of a shareholder by agreeing now, what shall happen in this event.
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Why should I register my app as a trade mark?

Napthens - April 11th 2016
You’ve developed the app, perfected the marketing and got it included in the app stores – so far so good. However, it is the nature of the industry that as soon as a successful app is launched, any number of copycat apps appear on the market with confusingly similar names stealing ‘your’ customers. So what can you do?
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Penalty clauses and their implications

Napthens - February 8th 2016
It is a well known fact that the English are terrible at penalties. My theory is that this all stems from the case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd back in 1915 whereby it became a fundamental part of English contract law that penalties were unenforceable.
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When is a company deemed solvent or insolvent?

Napthens - February 8th 2016
A company is insolvent if it is unable to pay its debts as and when they fall due. There are two tests which the courts will apply to determine whether a company is insolvent at a particular point in time; the ‘Balance Sheet Test’ and the ‘Liquidity Test’.
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Trademarks issues for KitKat

Napthens - February 8th 2016
What’s the difference between a Toblerone and a Kit-Kat? Aside from the obvious, it’s the fact that the shape of a Toblerone bar is a registered trade mark, and therefore no one can create a chocolate bar in the same shape, whereas Nestle has just lost in its attempt to register the shape of the four-fingered Kit-Kat bar as the High Court has just ruled against the registration.
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What are statutory registers and what company records do I need to keep?

Napthens - November 30th 2015
Limited companies are legally required to keep and maintain a number of statutory records and registers.
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Modern Slavery Act 2015 is coming into force

Napthens - November 30th 2015
This October saw the introduction of the Modern Slavery Act 2015. The Act requires large businesses to publish a slavery and human trafficking statement each year, setting out the action they have taken to ensure their supply chains are slavery free.
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The best time to trade mark…is now

Napthens - November 30th 2015
Trade mark protection is currently a hot topic. Particularly as the greatest power of a trade mark is the ability to stop other businesses from using certain words, phrases or images within identical or similar sectors/industries.
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Maximise your recoveries – Late Payment of Commercial Debt (Interest) Act 1998

Napthens - November 30th 2015
On 1 November 1998 the UK Government introduced The Late Payment of Commercial Debts (Interest) Act 1998 (LPCDI). This allows businesses in the UK to charge interest (and compensation costs) where a customer is late in paying bills.
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New Consumer Rights Act – Are You Ready?

Napthens - September 22nd 2015
Consumer protection legislation has undergone a major overhaul recently and is set to be completed when the new Consumer Rights Act 2015 comes into force on 1 October 2015.
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