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Contract Law

If you treat Commercial Law assistance as a distress purchase, you’re doing it wrong

We all fear the unknown. This is especially true when engaging unexpected legal services where the process can be unfamiliar and costs can be excessive, unplanned and sometimes unachievable. No-one wants to pay to deal with property issues, family disputes or defences to combat unwarranted litigation – it’s just something that needs to be dealt with. However, Commercial Law should not be viewed in this way. Commercial agreements are the lifeblood of businesses – without having a written contract, you risk the relationship / deal / transaction falling apart without any consideration of the legal repercussions. Uncertainty can create a dispute...

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Visual T&Cs: Comic Book Heroes Combat the iTunes Terms & Conditions

We’ve all done it – accepting Terms & Conditions without reading them. At 20,669 words (in 2015), spending a day reviewing the Apple iTunes T&Cs is not going to be a great prospect for any iTunes customer simply wanting to download a song. However, artist Robert Sikoryak has sought to make the process more engaging by adapting the iTunes T&Cs into a comic book (or ‘graphic novel’ to be correct). The book features the late Apple founder Steve Jobs in a unique comic illustration on each page, ranging from Batman, Transformers, the Simpsons, X-Men, Snoopy…the list goes on. In our opinion, Sikoryak...

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“Company X has updated its Terms & Conditions” but it’s fine because you won’t read them anyway…

Everyone has been on the receiving end of a “We have updated our T&Cs” email from the likes of Google, PayPal, Twitter, eBay etc. There may be legitimate reasons for this such as a change in the law, company restructuring or changes in working practices. But should you care? Well the short answer is yes. Why you should care It is easy to fall into a false sense of security, particularly for trusted brands that you buy from or regularly use their services. If you are a consumer then you may feel more relaxed on the basis that there is a large...

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Independence Day: What the ‘Leave’ vote means for Commercial Contracts

The majority vote for the UK to leave the EU will come as a shock to many businesses and we now embark on a journey of uncertainty in the forthcoming years whilst the legal landscape is determined. Under the Lisbon Treaty of 2009, the exit mechanism for a Member State to leave the EU will begin, however the procedure is not very detailed. There is a two year period to agree the terms of the exit and this is potentially extendable. Such negotiations are likely to impact on the legislative agenda in England as time will be devoted to working out...

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Is Your Business Ready to Comply with the PSC Register Requirements?

OVERVIEW: From 6 April 2016, all UK companies (unless they are exempt) and UK LLPs will need to create and maintain a register of the individuals who have significant control of the business and must disclose this information in its Annual Return from 30 June 2016. Failure to comply is a criminal offence. WHERE DOES THE PSC REQUIREMENT COME FROM? This new requirement is introduced by the Small Business, Enterprise and Employment Act 2015 (the “Act”). The rules are quite complex and therefore we recommend that you review the Department for Business Innovation and Skills guidance to assist with the interpretation of the...

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Do you sell to consumers online? Time to update your website T&Cs…again

From 15 February 2016, all businesses that sell to consumers online are required to include the following link: http://ec.europa.eu/consumers/odr/ to the European Commission’s ODR Platform on their website and provide a contact email address. This link must be easily accessible and we recommend including it with information regarding your complaints procedures. This new legal requirement under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 aims to encourage traders and consumers to use alternative dispute resolution (“ADR”) to address any issues after exhausting the trader’s complaints procedure, rather than pursuing a claim through the courts. The ODR Platform...

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