A Shareholder Agreement is a term used to refer to an agreement which some or all of a company’s shareholders enter into. The agreement is designed to regulate the shareholders’ relationship as well as the company’s management and shares ownership. It also offers...
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Remedies For Trade Mark Infringement
If a third party has been using your registered trade mark without your authorisation, you can obtain remedies for the infringement of your mark. A trade mark’s owner is eligible to recover damages that relate to the acts of trade mark infringement in question. These...
Right to Work Checks – Compliance Essentials for UK Employers
Ensuring that employees have the legal right to work in the UK is a fundamental responsibility for all employers, helping businesses remain compliant with immigration laws and avoid severe penalties. Right-to-work checks are a legal requirement designed to prevent...
Is Litigation the Best Option? Key Considerations for Dispute Resolution
Litigation can be lengthy, costly, and stressful. While it may seem like the natural route to resolve disputes, it’s not always the most effective solution. In many cases, exploring alternative approaches can save time, money, and stress for all parties involved....
Buying a Pharmacy – Key Legal and Regulatory Considerations
Purchasing a business involves careful legal planning, and this is particularly true for pharmacies. The pharmacy sector is highly regulated, and owners are legally responsible for safeguarding the health and wellbeing of patients and the public. To ensure a smooth...
Understanding Vicarious Liability and Non-Delegable Duty – What Dental Practice Owners Need to Know
We have seen a marked increase in claims arising from patient complaints relating to substandard treatment delivered by dentists working within a practice. For dental practice owners, this can create significant legal and operational uncertainty particularly around...
Key Considerations When Buying a Commercial Property
While some business owners prefer to lease commercial premises, others choose to buy in order to gain greater flexibility and control. Purchasing a commercial property can be an excellent option for SMEs looking to expand, but it requires careful planning, research,...
Resolving Dental Associate Disputes: Protecting Your Career and Practice
Dental associate agreements play a crucial role in defining the working relationship between dental professionals and practice owners. These agreements set clear expectations, responsibilities, and terms, helping both parties operate efficiently and professionally....
Considering Buying a Care Home? Here’s What You Need to Know
The care home sector is highly regulated, and investing in this market requires careful planning. With the population aged over 85 expected to double over the next 25 years, demand for care home places is set to increase creating opportunities for strong returns....
Can You Retire in 24 Hours? Everything Dentists Should Know
A 24-Hour Retirement allows NHS dental practitioners to access their pension benefits without permanently leaving practice. The process involves retiring from your current GDS/PDS contract over a weekend (usually Saturday to Sunday), before returning to work as normal...
Removing a Company Director – Four Common Options
Company directors carry significant responsibility and are required to act in the best interests of the business. Any breach of duty or failure to comply with the company’s articles of association must be taken seriously. In certain situations, a director’s actions...
Locum Agreement Disputes: Understanding Your Rights and Resolving Conflicts
Locum dental agreements are essential for temporary working arrangements, allowing flexibility for both employers and professionals. However, disputes can arise when expectations, payment terms, or contract details are unclear. Resolving these disputes promptly is...
The Hidden Pitfalls of Dental Contracts: What Every Dentist Should Know
Dental contracts are critical in defining the terms of employment or partnerships, setting expectations and obligations for both parties. However, many contracts contain hidden clauses that can lead to disputes, financial losses, or career limitations if not carefully...
Cease And Desist For Trade Mark Infringement
If you suspect an authorised third party of using your trade mark you need to know what you can do to prevent them from continuing to do so and from potentially damaging the reputation that you’ve built up for your business. The first step you can take to deal...
Company Registration vs. Trademark Registration – Why They’re Not the Same Thing
When starting a business in the UK, many entrepreneurs believe that registering their company name at Companies House automatically gives them the right to use that name exclusively. However, this is a common misconception. A Companies House registration and a...
Redundancy vs Settlement Agreement – Understanding the Differences
Terminating an employee’s contract is a significant decision that requires careful consideration. The process varies depending on the circumstances and the reason for termination, as well as whether the employee agrees to the ending of their employment. It’s essential...
Calculating Losses And Damages For Trade Mark Infringement
A trade mark’s owner may recover damages that relate to any acts of infringement. The amounts that can be received in such cases will depend on how the damages and losses are calculated. Taking professional advice is therefore important in order for the claimant to...
Settlement Agreements – Why Employers Use Them
Settlement agreements are often used when an employee’s employment is ending, but they can also serve other purposes. Here, we explain what settlement agreements are, why employers use them, and the benefits for both parties. What Are Settlement Agreements? Also known...
What Is Trade Mark Passing Off?
If you are using a trade mark for your business or organisation which has not been registered you still have some rights under common law. While it is always best to register your trade mark, unregistered rights receive protection under the tort of passing off. This...
Protecting Your Dental Career: How to Handle Complaints and Investigations
As a dental professional, your reputation and career are vital to your success. Unfortunately, complaints and investigations can occur at any stage of your career. Handling them effectively is crucial to minimising potential risks and protecting your professional...
Navigating Corporate Immigration Post-Brexit – Challenges & New Opportunities
Since Brexit, UK corporate immigration rules have changed significantly, impacting how businesses recruit international talent. This is primarily due to the end of free movement, which now requires EU citizens to obtain visas for employment. The introduction of a...
Global Business Mobility Routes – What UK Employers Need to Know
(GBM) routes were introduced to support international businesses looking to establish or expand in the UK. These visa categories provide flexibility for multinational companies to transfer staff. Overview of GBM Routes The Global Business Mobility (GBM) routes provide...
Why Is A Shareholder Agreement Important?
A Shareholder Agreement may not be legally required, but its value to a company should never be underestimated. Although it may be overlooked in an effort to save money and time, failing to have one in place can sometimes lead to disagreements among shareholders that...
Understanding the UK Skilled Worker Visa – A Guide for Employers
The UK Skilled Worker visa is a crucial pathway for businesses seeking to hire talent from overseas. This visa route allows employers to fill skilled roles that cannot be met by the domestic workforce. Here’s a comprehensive guide for employers on how to navigate the...
Proposed Corporate Transparency & Register Reforms – Key Changes to the Companies House Register
The Economic Crime and Corporate Transparency Act (‘ECCTA’) became law on 26th October 2023. This is an important change in how businesses are managed and how economic crime is tackled in the UK. It builds on a previous law from 2022 that introduced a register for...
Sponsorship Licences – How UK Businesses Can Hire Overseas Talent
The UK Sponsorship Licence is essential for businesses looking to hire skilled workers from abroad. Without it, employers cannot legally sponsor non-UK workers. This article provides insights into how businesses can obtain and maintain a sponsorship licence. What is a...
Understanding General Dental Council Investigations
At Carter Bond, we understand that any intervention from your regulatory body can be an overwhelming and stressful experience. Our dedicated healthcare litigation team is here to guide and support you through this challenging time, ensuring that your professional...
What Are The Common Mistakes To Avoid When Drafting A Shareholder Agreement?
If you are drafting a Shareholder Agreement, there is a lot to consider and many factors to keep in mind. It can be all too easy to overlook vital components and make mistakes that can prove costly in the long run. Here, we take a look at some common pitfalls to avoid...
The Madrid System: Your Gateway to International Trademark Protection
The Madrid System is a globally recognised framework designed to simplify the process of protecting trademarks across multiple countries. By harmonizing international intellectual property (IP) legislation with domestic laws, it offers businesses a streamlined and...
What Happens If I Breach A Settlement Agreement?
Settlement Agreements are legally binding documents once they have been signed by both parties. It is therefore crucial to understand the potential consequences if the Settlement Agreement is breached. Regardless of which party breaches the Agreement, there are...
What Are Statutory Registers?
Statutory registers are records that companies must keep by law. They document key information about a company's structure, ownership and management. Statutory registers are also referred to as "company registers" or “statutory books” provide transparency and...
Cole Palmer: Trademarking a Celebration, Shaping a Brand
Cole Palmer, the rising star of Chelsea and England's football scene, is not just making waves on the pitch. The young midfielder is taking steps to secure his legacy and capitalise on his burgeoning popularity by trademarking his now-iconic goal celebration. The...
What Are The Benefits Of Having A Partnership Agreement?
Under English law, there is no legal requirement to have a written partnership agreement if you’re going into business with another person. The act of carrying out business with someone else actually means you are legally considered partners under the Partnership Act...
Trademark Ownership: Should It Be in Your Name or Your Company’s?
When registering a trademark, one key decision is whether to do so under your individual name or your company name. This choice has significant implications for ownership, control, taxation, and future business strategies. Below, we outline the pros and cons of each...
What To Remember When Selling Your Dental Practice
Although due diligence is, generally speaking, intended to protect the buyer, it is equally important for the seller when negotiating the sale of a business, as it can streamline completion of the sale. Here, we give an overview of the areas of due diligence specific...
What Are The Costs Associated With Registering A Trademark?
If you are registering your company’s trademark, you will need to pay certain fees in order to do so. Directly registering your trademark with UKIPO (The UK Intellectual Property Office) will incur an application fee which stands currently at £170 when making your...
How Can I Prevent Someone From Using My Trademark?
If your business has spent time and effort in developing its brand, trademark infringement could pose a significant threat to your organisation. It is, therefore, crucial to register your trademark to ensure optimal protection for your brand as well as the services...
Why Is It Important To Get Independent Legal Advice?
There are many circumstances in which obtaining independent legal advice is advisable or even essential in order to ensure optimal protection for the rights, well-being, and interests of the individuals who are involved in the legal situation or transaction....
What Are The Grounds For Refusing Registration Of A Trademark?
Trademarks cannot be registered in the UK if they do not meet all of the appropriate criteria as set out by UKIPO. There are certain grounds on which the registration of a trademark may be refused. A Lack Of Distinctiveness If your trademark does not contain elements...
Is a Management Buyout (MBO) Right for You?
A management buyout (MBO) occurs when a company’s existing management team purchases the business from the owner(s). While this process can be complex, with the right advisors and investors, an MBO can lead to a successful long-term acquisition. How an MBO Works MBOs...
Why Is It So Difficult to Trademark a Colour or Sound?
On paper, trademarking a colour or sound might appear straightforward, provided that statutory and case law guidelines are adhered to. However, in practice, achieving such a trademark is often fraught with challenges—chiefly due to competition. The Case of Cadbury’s...
Who Needs A Shareholder Agreement?
While there are no legal requirements to put a Shareholder Agreement in place, all companies that have two or more shareholders should have one. Shareholder Agreements minimise the possibility of disputes arising between shareholders as they provide procedures and a...
What Powers Does a Liquidator Hold in Corporate Insolvency?
Many business owners remain unclear about the liquidation process and the role of a liquidator. By understanding the circumstances that trigger liquidation and the powers of a liquidator, business owners can better navigate insolvency challenges. When Does Liquidation...
How Long Does A Trademark Registration Last?
While registering your company’s trademark is important, it is imperative to understand that your registration will not last forever. The process of registering your trademark can take between three and four months, or longer if any objection is raised. However, once...
What Does a Company Secretary Do, and Is It Necessary for My Business?
While hiring a company secretary is no longer legally required, many private limited companies opt to do so because of the critical tasks this role covers. As providers of company secretarial services, we understand the substantial value a company secretary adds to...
How Do I Draft A Shareholder Agreement?
When it comes to drafting a Shareholder Agreement, there are several key components that must be considered and included within the provisions. Here, we take a closer look at some of these vital elements. Shareholder Names Shareholder Agreements are business...
Understanding Due Diligence in the Sale of a Dental Practice
While due diligence primarily protects buyers, it is equally crucial for sellers during the sale of a business. Effective due diligence can facilitate a smoother transaction. Identifying the key areas of due diligence specific to selling a dental practice, will...
How Can I Renew My Trademark Registration?
Your trademark registration remains valid for a period of ten years from the initial date of filing your application, however it must be renewed once that period has elapsed in order to maintain its ongoing protection. Failure to renew your trademark registration will...
What Rights Do Commercial Property Owners Have When Dealing With Squatters?
Squatting is a term used to refer to people entering and staying in a building or land without the legal owner’s consent, which is illegal in the UK and squatters can be arrested, fined or both under current legislation. Individuals occupying a dwelling unlawfully can...
The Essentials of Franchising: A Guide for Business Owners and Investors
At first glance, franchising offers clear advantages: for those expanding their business, it can be a smart way to grow, while for potential franchisees, it seems like an accessible path to success, leveraging an established brand and reputation. However, careful...