How would your business be affected if someone were to start up the same type of business with a very similar name?  A customer searching for you on the web might believe that you were affiliated, or even worse, that you were the same organisation and trade with them instead of you.  Just think of all the lost orders and potential for disruption.

It could get even worse.  The imposter may not provide the same exceptional levels of service to its customers that you do.  It may even deliver such a bad service that they quickly generate widespread bad press and if their name is similar, you will undoubtedly suffer the knock-on effects even though you are completely separate.  Such a situation could see your hard-won reputation evaporate overnight, taking months, if not years, to restore.  As business risks go, this one is very real.

Thankfully you can seek protection by registering your business name as a trademark.  By doing so, you are indicating that you value your brand and that you are prepared to defend it.  Protection can extend to just your business name, or further if you use a particular logo which your customers associate you with.

A registered trademark is no guarantee for avoiding problems, but if one occurs it means that you can quickly take legal action before any real harm is done.  The registration process is surprisingly straightforward and cost effective when compared to the harm that might otherwise be caused.

Having spent 11 years previously working as a paralegal I qualified as a solicitor in 2011. I joined Pinney Talfourd just over 4 years ago, specialising in Medical Negligence.

Being a solicitor is something that I’ve always wanted to do, but it’s not an easy profession to get into, and is fiercely competitive, so gaining experience of the legal industry beforehand can really help.

So, when I finished my degree, I worked in central government, and then from there I secured a job as a full-time paralegal for a firm in Chelmsford to gain the experience I needed. I dealt predominately with personal injury claims, working my way up to senior paralegal and negotiator. Then I decided to study for my exams whilst working full time to qualify and get to where I am today.

Reports that the US Patent and Trademark Office has rejected an application by Kylie Jenner to register the name “Kylie” as a trademark will have been warmly received by Kylie Minogue, following a prolonged legal battle about the use of the name.

When Jenner, the reality TV star, applied to trademark the name back in April 2014, it caught the attention of lawyers acting for Minogue, most famous for a string of hits in the 80’s and 90’s.  You should be so lucky seemed to be Minogue’s reaction, and one which has been accepted in the application process.

Jenner has appealed the decision.

The battle brings into focus the often extensive and valuable commercial activities pursued by screen celebrities where name recognition and branding walk hand in hand.  Particularly significant in this case is that Minogue is more often than not referred to by her first name only, which may have been persuasive in the decision.

For businesses building and developing their own brands, a trademark application can be a relatively simple and cost-effective way of protecting an investment.  Although no guarantee that a competitor might try to infringe your rights, it permits swift action to be taken in such an event.

Does this liberty of voting and evicting, however, translate when faced with real-world squatters in non-residential properties?

Squatters and Their Rights

Up until recently, squatting in England and Wales was generally viewed as a civil, rather than criminal matter. In September 2012, a new piece of legislation made it a criminal offence to trespass in residential properties with the intention of living there. However, the legislation only covers residential properties, so what do you do if squatters gain access to a commercial or non-residential property?

Squatting in non-residential buildings is still regarded as a civil matter and resolution usually means resorting to the civil courts. In essence – it is not a criminal offence for someone to enter a non-residential property without the owner’s consent or authority.

The good news for property owners is that it is still not easy for a trespasser to acquire ownership of a property, or “squatter’s rights” as per common parlance. A squatter can only gain title to a property if the squatter has excluded the world at large from the property, including the owner, for a period of 10 years (12 years if dealing with unregistered land).

Squatters and Your Rights

As mentioned above, squatting in a non-residential property still isn’t looked upon as a criminal offence. The police take can action on your behalf if squatters commit other crimes when entering or residing in your property. These can include:

In January 2017, the House of Lords’ EU Justice Sub-Committee will hear evidence from two senior UK Judges on the significance of EU legislation designed to facilitate cross-border civil disputes.  However, it cannot be avoided that there is the smell of uncertainty about the detail of the consequences for us for ending the UK/EU relationship, if it ends hard.

For Contracts

At present, EU legislation protects parties’ abilities to choose what governing law there should be for their contractual relationships and the ability to choose forms a fundamental freedom offered by English law.

The current EU framework applicable to contractual and non-contractual obligations is enshrined in the Rome I and Rome II Regulations, respectively. 

It is not beyond the realms of possibility that a decision could be taken to leave the rules as set out in the above regulations intact after Brexit.  A possible consequence being that the English Courts would be the final arbiter of how the rules are applied - ultimately a job reserved for the European Court of Justice as things stand.  If that were to happen, then nothing immediate would change, but it is possible that the interpretation of the two regulations could start to differ between the UK and the remaining EU member states over time. 

If the Rome I and Rome II Regulations were no longer to apply following Brexit, then it is possible that the UK would revert back to the rules in force before those regulations became law.  As such, in regards to contractual obligations, the Rome Convention; which applied to the law governing contracts made between April 1991 and 17 December 2009 could apply, which, of itself, would not materially alter the present position as we know it. However, in regard to non-contractual obligations, the Private International Law (Miscellaneous Provisions) Act 1995 - which is a regime which is unlike to Rome II - could operate so that the parties would not have an express right to choose the law applicable to non-contractual relations between them. 

However, it’s anticipated that when the UK eventually leaves the EU, the courts of EU member states will continue to respect the parties’ choice as to governing law as before; so that on choosing English law the parties to a contract will still enjoy an application of the rules set out in Rome I and II.

A DIFFICULT FAMILY SITUATION

As a family law solicitor I am often consulted by parents, usually fathers (and so for the purposes of this article I will assume that is the situation), who are determined to continue to be a big part of their child’s life despite splitting from the child’s mother. Those fathers that I meet that find themselves in that situation are keen to spend as much time as possible with their child and would not want to ever miss an important occasion such as a Birthday, Christmas or Holidays. Those fathers are so dedicated to their child that if suitable arrangements cannot be agreed between them and their ex-partner they will engage the services of someone like myself and embark on what is sometimes a long and expensive process though the courts to ensure that they remain a constant and important part of their child’s life.

But what if the father is not like the usual father described above and does not want to spend time with, or be involved in their child’s life or perhaps does not want to be as involved as the mother would like them to be? What happens then, how can the mother force the father to be involved? How does the law work for children in that situation?

THE LEGAL STANCE

Quite frankly, it does not. There is nothing in law which can force a parent to be involved or more involved in their child’s life if they choose not to be.
The right to spend time with a parent is the child’s right, not the parents’, but if the parent does not want to spend time with their child then that child’s right is lost. How can the court or anyone else force a parent to spend time with their child? Simply, they can not. Sadly, if a parent decides that they do not want to be involved in their child’s life or does not want to spend regular, quality time with their child there is no way to force them to do so.

A child has a right to spend time with both parents and if one parent is trying to prevent the other from spending time with the child then that parent would be able to rely on the law to determine whether or not it is in the child’s best interest to spend time with them. The importance of children having relationships with each parent following separation was reinforced by the Children and Families Act 2014. The court can, upon application of a parent, make orders relating to the living arrangements of a child and when, where and by what means that child will spend time with the other parent.

The frequency and amount of time a child will spend with each parent will differ from family to family. There is no formula to calculate what amount of time is suitable and there is no precedent as to what a child arrangements order will look like, it will depend on the individual family and their circumstances. Equally, there is no legal definition as to what would amount to a reasonable amount of time. Some parents spend an equal amount of time with their child, some parents split their time between weekdays and weekends or every other weekends. There is no right or wrong, it is whatever works best for the child.

MORE INFORMATION

If you are in this difficult position, Pinney Talfourd are here to help. We have a large experienced and dedicated team of specialist family lawyers and we would be happy to help you through this difficult time. We can offer late appointments from Monday to Thursday in each of our offices in Upminster, Hornchurch and Brentwood and your initial 30 minute consultation will be free.

Relationships in business can break down and companies often need to take a different direction necessitating a change in management, especially if one of the directors is not acting in a way that promotes the success of the company.  

Before considering what route to take, you must always ensure that your reason for removing the director is fair, or you could find yourself facing an employment tribunal claim for wrongful dismissal and a hefty compensation pay out.

How many directors should there be?

A private company must have at least one director and a public company must have at least two at all times. There is no legal maximum number of directors, but all directors must be over 16 years old.

What is a social media policy?

Why is it important to have a social media policy?

What should a social media policy include?

The chancellor has said the funding will help support the building of up to 100,000 new homes.

The government has also agreed to spend an extra £1.4bn on affordable housing in England, which would fall into categories such as Affordable Rent, Shared Ownership or Rent to Buy.

This is expected to lead to 40,000 more affordable homes being built.

Paul Berry, Head of Residential Property says “There still seems to be a big demand for property. We’re certainly as busy as ever in the Residential Property Department and prices don’t seem to be going down any time soon.”

Hopefully these will be Freehold properties, moving away from the recent trend of Leasehold houses, where the “buyer” essentially takes a lease over a new build house (albeit for 999 years maybe) with a ground rent that could be several hundred pounds, and depending upon the lease, potentially doubling every 10 years causing substantial problems in years to come.

Resolution is a community of family law professionals who subscribe to a Code of Practice to assist working with families and individuals to resolve issues in a constructive way.

The family team at Pinney Talfourd are all proud to be members of Resolution and subscribe to their Code of Practice which has recently been revised.

The ethos of the Code is to encourage families to deal with their issues without conflict or confrontation, to support and encourage them to put forward the best interests of their children first, to act with honesty, integrity and objectivity and to strive to resolve matters so far as it is possible to do so without the need to apply to Court.

A full copy of the Code of Practice can be seen here: http://www.resolution.org.uk/site_content_files/files/code_of_practice_full_version_web.pdf 

As part of the campaign, Resolution will be attending Parliament to lobby for a change in the law to include ‘no fault’ divorce and improving the rights of cohabiting couples.

It is never too early to start working with the other parent to sort out which part of the coming Christmas holidays your child or children will spend with each of you.

You always know Christmas is around the corner when the shops start selling cards and gifts, lights go up in offices and shops - even though it is only the second week of November!

If your child or children live with their your ex spouse or ex partner, then it is never too early to start working with the other parent to sort out which part of the coming Christmas holidays your child or children will spend with each of you.

It’s a good idea to try and share the time equally and alternate from year to year, especially when your children are young, so that as the years go by, you can both enjoy the experience of waking up on Christmas morning and opening their presents with them. It will always be best for your child or children if you can agree this without the need for the Court to get involved.

However, if you cannot agree on a schedule of time that your child or children will spend with each of you, you may need to apply to Court for an Order, which is now called a Child Arrangement Order (we no longer use the phrases ‘access’, ‘contact’, ‘custody’ or ‘residence’ when talking about children), though save in limited circumstances you must at least try and reach an agreement through mediation otherwise you will not be able to apply to the Court for a Judge to sort things out.

The case involved partitioning which was installed by the tenant during initial fit out works in accordance with a licence to alter. Both the lease and the licence to alter required the Landlord to give notice of any reinstatement the Landlord reasonably required before the end of the term. The tenant exercised a break option with 2 pre-conditions: 6 months’ prior written notice and vacant possession.

The Landlord did not serve a notice of his requirement to reinstate the premises. The case turned upon whether the partitioning alteration was a fixture and therefore formed part of the premises.

The partitioning was not carried out in accordance with the specification attached to the licence to alter and therefore the partitioning was in breach of the licence. The validity of the licence was conditional upon compliance with the condition on which the licence was given. As the conditions were not met, the partitioning became unauthorised works and therefore should have been removed automatically by the tenant. This meant that even if the partitioning was not a tenant chattel, the tenant should have removed it and failure to do so meant vacant possession had not been given.

Based upon expert evidence it was found that the partitioning was demountable and therefore the tenant did not in fact give vacant possession.

On sending or receiving a break notice, parties to the lease should review the lease and all supplemental documents (including licences to alter) carefully.