NEWS & KNOWLEDGE
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...
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...
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...
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...
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...
Stay Protected: 7 Essential Steps to Safely Dismiss an Employee
When faced with the difficult decision to dismiss an employee for misconduct or poor performance, it’s crucial to follow established procedures to minimise the risk of disputes and litigation. Here are key steps to ensure a fair process: Never Act on Impulse Avoid...
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...
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 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...
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 Is A Trademark?
Trademarks are an intellectual property form that businesses use to ensure their brand can be easily identified by consumers. A trademark also allows a company to be distinguished from other businesses. The purpose of a trademark is to ensure a customer can...
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...
Do I Need To Register My Trademark?
Your company’s trademark can be one of its key assets, helping to retain and attract customer loyalty while creating added value for your brand. While you are not legally obliged to register your trademark, it makes sense to do so in order to protect your company....
What Are The Different Types Of Trademarks?
You can register a variety of symbols and signs in the UK as trademarks as long as they meet specific criteria. Words These trademarks consist of numbers, letters or words. They may be a slogan, brand name, or combination of words to uniquely identify the company or...
What Are The Requirements For Registering A Trademark?
To successfully register your trademark in the UK there are certain requirements that must be met. Failure to meet any one of these will result in your registration application being rejected. Distinctiveness Your trademark must be unique enough to distinguish your...
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 Do I Register A Trademark?
There is a specific process to follow when registering your company’s trademark involving five distinct steps: Defining the trademark Viewing the trademark register Choosing the right classification for your trademark Submitting your application Addressing any...
What Are The Benefits Of Registering A Trademark?
If you fail to register the mark that you intend to use for your business, you may find that another party does, putting your business, products, and services at risk. When you register your trademark, you are protecting your brand while giving yourself a valuable...
How Can I Find An Independent Legal Advisor?
There are many instances in which obtaining independent legal advice may be either essential or advisable and therefore, knowing where you can contact a suitably qualified professional could not be more important. Find a Solicitor If you are in need of independent...
What Are The Different Countries Where I Can Register My Trademark?
Registering your brand’s trademark in every country within which it operates is crucial in order to protect your reputation and IP rights. It is possible to register a trademark in virtually every country, and most jurisdictions have a Trademark Office. When you wish...
What Is Independent Legal Advice?
ILA or Independent Legal Advice is advice that is supplied by a qualified solicitor who is entirely independent of conflicting or opposing interests and, therefore, will not be tempted to sway you in any particular direction when making a decision. They will be...
What are the alternatives to a Settlement Agreement?
While a Settlement Agreement is a common way to settle employment-related issues, they are not appropriate in every case. There are, therefore, three alternatives that may be considered. These are: Taking the matter to tribunal Commencing ACAS EC Dropping the matter...
How Can I Get Out of A Settlement Agreement?
A Settlement Agreement is a legally binding document once it has been signed. However, as long as the document remains unsigned by one or both parties, either party is entitled to cancel or withdraw from the agreement. If the Settlement Agreement has already been...
What Happens If I Change My Mind After Signing a Settlement Agreement?
Once a Settlement Agreement is signed by both parties, it becomes a legally binding document, and withdrawing from the Agreement is then no longer possible. It is, therefore, crucial to carefully consideration the implications of signing the document and seek expert...
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. Either party may breach the Settlement Agreement, but there are...
Can a Settlement Agreement be enforced?
A Settlement Agreement, once it has been signed by both parties, is a legally binding document and can, therefore, be enforced. In the event that either party breaches the terms that were agreed upon in the document, action can then be taken against them as long as...
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...
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 is the Process for Negotiating a Settlement Agreement?
Settlement Agreements are legally binding contracts that employers use to outline the agreed conditions for either resolving a dispute or ending the employer/employee relationship. Usually, the terms of the Settlement Agreement involve offering a payment to the...
What are the specific provisions that should be included in a Settlement Agreement?
Settlement Agreements contain a variety of provisions that vary depending on the reason the document is being drawn up. These provisions will also vary depending on whether the employee’s contract with the business has been terminated already. Nevertheless, there are...
How Can I Enforce My Trademark Rights?
Should you discover that a competitor has been using your trademark without your permission, it is imperative to act efficiently and speedily. Should you fail to do so, your brand could experience reputational or financial damage. You can take several courses of...
What Should I Expect From An Independent Legal Advisor?
When you meet a professional to obtain independent legal advice, there are several things that you should expect from the meeting. A number of key discussions and considerations will take place in order to ensure that you fully understand all legal consequences and...
What Happens If Someone Infringes On My Trademark?
For any business that has spent time, money, and effort on building up a strong and reputable brand, discovering that another party is infringing on their trademark can be a worrying and potentially damaging occurrence. Action must be taken rapidly to guard against...
What are the Tax Implications of a Settlement Agreement?
If you are in the process of arranging a Settlement Agreement with your employer, it is imperative to understand whether there are any tax implications involved. An expert solicitor will be able to offer legal advice and explain not only the process of making the...
How Can I Protect Myself from Being Taken Advantage of in a Settlement Agreement?
When making a Settlement Agreement, there is always the possibility of being taken advantage of if you lack the necessary knowledge and expertise in the law. It is, therefore, crucial to seek out advice from a specialist legal professional who will be able to give you...
What is the Role of a Solicitor in a Settlement Agreement?
If your employer has presented you with a Settlement Agreement, it is crucial to take independent legal advice. Not only is this a required element of making a Settlement Agreement legally binding, but it is also the sensible course of action. Some people believe that...
How Much Does Independent Legal Advice Cost?
Obtaining independent legal advice is not only advisable in many cases, but sometimes essential. The cost of seeking this advice will vary depending on a number of key factors. Complexity and Nature of the Matter Firstly, and most importantly, the nature and...
Employment (Allocation of Tips) Act – What Does it Mean?
In May 2023, the Employment (Allocation of Tips) Act 2023 received Royal Ascent, making it unlawful for employers in the hospitality industry to withhold tips from their employees. This legislation is seen as a positive step forward for workers’ rights and will help...
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....
De Facto Directors and the High Court – Where Do You Stand?
In the case of Aston Risk Management Ltd V Jones and others [2023] EWCH 603 (Ch), the High Court has maintained that any director of a holding company that becomes substantially involved in the matters of a subsidiary must be regarded as a de facto director and...
Why Litigation isn’t Always the Most Cost Effective Option
It is often tempting in cases of dispute with another party to start thinking about legal proceedings early on. Many people have a misconception that legal proceedings are the most effective way of resolving an issue and are keen to inform the other party that they...
The 1954 Act: Is Modernisation Set to Become Reality?
The relationships between landlords and tenants have long been supported in law through the Landlord and Tenant Act 1954. Over the past 70 years, this legislation has supported business tenants with the right of renewal at the end of contracts along with a number of...
Is Litigation cost effective? Â
Litigation can be a lengthy, costly and stressful process. In this article I will discuss why litigation might not always be the best option and what other options are available to you. It is often tempting in cases of dispute to start thinking about legal...
Is a Settlement Agreement a Good Idea?
Terminating employment can be a difficult time for both the employee and the employer. In situations where a workplace dispute has arisen, a settlement agreement can be a good idea to avoid the potentially length legal process of an employment tribunal. However, there...
What to do as a business owner chasing debtÂ
 At Carter Bond, we appreciate that a lot of businesses are still feeling the financial impact of the pandemic. As a result, we have seen an increase in business owners chasing debts that are due to them. Oftentimes, these aged debtors are a product of financial...
What to know when selling your Pharmacy
It is never easy selling a pharmacy, especially when you have built it up over a long period of time, established a reputation in the local community and have become very accustomed to serving patients for many years. Whatever the reason behind the decision to sell...
What to look out for when buying a retail pharmacy
As retail pharmacies operate under many strict rules and regulations, it’s important to work with lawyers who have specialist knowledge of how the industry works and if you are considering purchasing a retail pharmacy it’s equally essential that you have an...
Your Options When an Employee Contravenes a Settlement Agreement
In the United Kingdom, a settlement agreement (formerly known as a compromise agreement) is a legally binding contract that is used to settle a dispute or potential claim between an employer and an employee. It is typically used to resolve issues such as disputes over...
Preparing your pharmacy for sale
Whatever the reason behind your decision to sell your pharmacy, it’s important to give yourself enough time to prepare your pharmacy for sale, as prospective buyers will be looking for a number of factors when conducting their due diligence. Here, we provide an...
What to know when buying a pharmacy
Buying a pharmacy can be an exciting but complex endeavour, especially if you’re new to the process. Here are essential factors to consider before when taking the plunge: Money talks… When considering a pharmacy purchase, you will need to delve into the financial...
