tag:blogger.com,1999:blog-20654659870303457462024-03-13T16:28:41.566+00:00Rollingsons SolicitorsRollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.comBlogger857125tag:blogger.com,1999:blog-2065465987030345746.post-24125925216097821272018-05-24T15:22:00.000+01:002018-05-29T11:30:48.023+01:00Rollingsons take part in London Legal Walk<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjQV2pD3jECs8tG9KRBjuvMkMhUAlPwSL24nKCm5P-5aDgLktBbaEHjUKMuXhRJPa86rxaX-_jH2D31JLZ-9Ouz3lFmmOdyVfzuklEJgHTRTw4fCvLLF7Nf4vd4N_VXEmmOWXjW7OEx1JiG/s1600-h/Untitled+design+%25285%2529%255B5%255D"><img width="302" height="302" title="Untitled design (5)" align="right" style="border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="Untitled design (5)" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgLT3yyboidpcofm_iFb8dPD96oRPVoQbOskzyrBSniTh3t5oiU7RmYSCW56cxsaq61cYoPmRQVv1x_xJRE3Z6O6KWZbc9aDE7CdhiOSxUYvNkHBSa-5IQWx9lL8wnQKnasNbh396Pr-a27/?imgmax=800" border="0"></a>Three staff members from Rollingsons Solicitors undertook the 10 kilometre London Legal Walk (#londonlegalwalk) in support of the London Legal Support Trust on 21st May 2018. </p><p>The Trust is a charity which provides access to legal support to the most vulnerable in society, helping reduce debt, poverty, homelessness and combatting discrimination and injustice.</p><p>The Team come from the Property, Wills and Probate, Defendant PI and Credit Hire Departments and consists of Lauren Knee (Trainee Solicitor), Steve Bannell (Property Solicitor) and Nayan Mesuria (Legal Executive and Team Organiser).<p><p>The Walk took fundraisers from the start at Chancery Lane, around the Thames past landmarks such as the London Eye and Parliament and back to Chancery Lane.<p>The Rollingsons Team have currently raised £500 for the cause and further donations are welcome through the Team fundraising webpage which can be found here: <p><a href="https://uk.virginmoneygiving.com/fundraiser-display/showROFundraiserPage?userUrl=Rollingsons18&pageUrl=1">https://uk.virginmoneygiving.com/fundraiser-display/showROFundraiserPage?userUrl=Rollingsons18&pageUrl=1</a><p>The Team wishes to thank all donors and supporters who have helped them reach this fantastic achievement. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-40458703343034594292017-09-04T14:42:00.000+01:002017-09-11T13:26:17.820+01:00Electronic Wills<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhZSe2N5sXd59uSyX_LppflCeBO9Hi6g5IrfhXIU4_S-lAi9pYPrCRgS1Ix7IaofzNaw1ZmrosMvH6onJPO8P57OiCsCUL3oi8lW3WNMSwSA1iZ9hT2jrvK0B_lOhaL0N9UaowzoyDZ3wyg/s1600-h/old+person+elderly+hands+computer+AdobeStock_60530302%255B3%255D"><img width="300" height="201" title="Old woman working on laptop computer at home" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="Old woman working on laptop computer at home" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjwlp5Ci5wbgrW-SD8fCjs7A7t-n0NpUcXpyvbJpCZyawOUftZadYJmKKDVC8cQLhN05mWmNHDdIIWn0mUTQgOuxfqEbZSEVZXbvHWWC2xRYCNNr5i8qCVoG_23WJXKzlMagS_l3hwvIF9o/?imgmax=800" border="0"></a>Up to 40% of adults die each year without a Will. There are various reasons for this, but one main reason is thought to be a direct result of people simply being put off by outdated laws, and the costs involved in making a will. Under these circumstances, it may appear easier for an individual to simply avoid the subject and not make a Will. Unfortunately, this means that if an individual dies without a will, the estate will be distributed under outdated Intestacy laws, under which there is no guarantee that the estate will be distributed in accordance with the deceased’s wishes .The Law Commission has branded the current system “outdated” and is currently considering proposals on how Electronic Wills could reflect the modern age in which we live.<a name='more'></a><p>Under present laws a Will needs to be written and signed by the testator and witnessed by two individuals. A law introduced in 1837, when there was no internet, email, nor many of the other advancements of modern technology. In the current age, these formalities <a name="_GoBack"></a>may prove to be inconvenient. As The Law Commission has noted, “a person who is ill in hospital may have more immediate access to a tablet or smartphone than a pen and paper”. <p>In a consultation paper which was published on 13<sup>th</sup> July 2017, the Law Commission stated that “in circumstances where a will is present, there are occasions when the Testators wishes are not acted on, if formal rules are not followed”. The law Commissions proposals include providing the courts with greater flexibility where there are harmless errors in a will, when the deceased’s wishes are clear.<p>It is presumed that solicitors will give a positive response to these proposals. However, there are a few proposals which have raised questions surrounding the ease in creation of Electronic Wills. It is feared that they could result in fraud, dissatisfied relatives and probate becoming both contentious and expensive.<p>We have become accustomed to a lifestyle where we have easy access to emails, text messages, and the internet. Therefore, it seems inevitable that the legacy system must be , to fit in to the world in which we now live.<p>The Law commission proposed reforms in tackling our current legacy are to be welcomed. However although the current legacy system has been branded “outdated”, nonetheless, the Last Will and Testament remains one of the most important documents which any individual will ever make in their lifetime. A Will affects the lives of others and the will makers loved ones. Therefore we must also ensure that such an important document should not be drafted in the same way as for example, an insurance quote. It will still be important for anyone making a Will electronically, that they have sound legal advice and are aware of the many potential pitfalls which can occur within the legal system. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-18198606704091593852017-07-19T18:00:00.000+01:002017-09-11T13:26:48.853+01:00Planning your wedding? Don’t forget the pre-nup!<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjTfzXrxEazYdOh3FtKyYPPIcvNep3EpUogUQiUb3V41IH1kih-LaRGKhfTd1f4KS_eVlGdf6Gbgsn7S7_Oyp_yobONKbrQjuxu6kxauhzYiIoErewcml74772Fum8GzOEMWF6Pp43BQi2s/s1600-h/prenuptial+agreement+wedding+rings+AdobeStock_127773221%255B6%255D"><img width="300" height="200" title="prenuptial agreement wedding rings AdobeStock_127773221" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="prenuptial agreement wedding rings AdobeStock_127773221" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgaSVJjhdj5H6uYgrrd0qZQIlyfengJtuB5XExux22su5x8UWjMaplpFXMI6V10oUsMfiCprRGG19mNobpiGyO5RKSimxGrpHY2KeiB-Ouyo_KAtIvyrw9fN9eyWQJj002HrXGFSWbm1wc3/?imgmax=800" border="0"></a>Wedding season is in full swing and many couples are busy organising their wedding venue, decorations, videographer and photographer and much more. The only financial security usually obtained is wedding insurance but there is a much bigger picture to consider.<p>No-one likes to think about the worst case scenario especially whilst planning what should be the happiest day of their lives. However, consideration should be given to a <a href="http://www.rollingsons.co.uk/Family-Law/Prenup-Agreements" target="_blank">pre-nuptial agreement</a> which if completed correctly can be your insurance for your future and can protect your assets.<a name='more'></a><p>The law relating to marital finances on divorce in England and Wales is complex. Judges have a very wide discretion and can make a range of orders that it deems fair and appropriate after considering all the circumstances of the case.<p>In the recent case of <i>Sharp v Sharp [2017] EWCA Civ 408</i>, the Court of Appeal held that it was not fair to apply the equal sharing principle providing for a 50/50 split of the matrimonial assets due to various reasons one of which being the short length of the marriage. Mrs Sharp’s appeal was successful and Mr Sharp’s original award was reduced by £725,000.<p>A pre-nuptial agreement is not legally binding, however, they started to carry more weight since the case of <i>Radmacher v Granatino</i> <i>[2010] UKSC 42</i>, when it was confirmed that <p><i>“The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would be fair not to hold the parties to their agreement”.</i> This means that the pre-nuptial agreement should be upheld provided certain formalities have been complied with and the agreement is fair.<p>Include a pre-nuptial agreement in your wedding planning so that you and your partner can decide what happens to your finances in the unfortunate event that the marriage breaks down otherwise you may be left with a large legal costs bill and an unfavourable decision. <p>If you would like to know more about the benefits of a pre-nuptial agreement and the legal formalities and procedure involved, please do not hesitate to contact Sarah Wasaya for an initial consultation.<p><i>Sarah Wasaya</i><p><i>Associate Solicitor </i><p><i>Resolution Accredited Specialist in Family Law</i><p><i>Email: swasaya@rollingsons.co.uk</i><p><i>Direct Dial: 0207 611 4812</i>Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-75172193684715851302017-04-28T11:14:00.000+01:002017-09-15T11:20:02.508+01:00What can I do if someone steals content from my website?<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEho7f0YXrWPF-pv6rOAeCtRVu118P5eGVDt_0JUIjhtRuQ1cuzQC0HL3f3P7uUl5-V4LV0wg91hqPR5HCSayfOyl5ucYNPHQAvyZpGjC7tRUuur3T5NsBOZ1VEYAH0Bk7hHteFhXjObO5GS/s1600-h/laptop-2411303_960_720%255B5%255D"><img width="350" height="233" title="laptop-2411303_960_720" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="laptop-2411303_960_720" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgM6C3lUdts2zwdcYH6gRYf5ZrnnSNpnSEHgixqvfde4fd5TrFHVDywWAN9sJThJ6K-Cm7Q6sv9mV7Zes0Q-BiNAAwd0uX_vYzlZaL4uJ5SlNpdpid50vYSoeYSRreGAOCu0b-gqfI3QHW7/?imgmax=800" border="0"></a>While still a relatively new concept, most businesses in the UK now tend to have some kind of web presence. Whether with their own website, social media channels or Google listings, most businesses have begun to see the benefits of the internet. However, good websites take lots of careful planning, time and money to put together. So what happens if someone steals from your website, copying it’s coding or content? What does the law have to say about this and what avenues can you pursue for compensation?</p><a name='more'></a><p><b>Why is content copied?</b></p><p>There can be plenty of reasons as to why sections or indeed your entire website has been copied. It may be that the offender has simply tried to save money and time by copying material from your website. While this is not only infuriating for many business owners it can also have a negative impact on their online presence with duplicate content meaning that they may be led to the wrong website page when performing a search in popular search engines like Google or Bing.<p>However, there can be more sinister reasons too. A criminal may try to ‘spoof’ your website, which involves very closely matching colour schemes, patterns and logos to trick regular users of a website into thinking that they are visiting a familiar website. If the website is a good imitation then it may even convince them to hand over confidential information like passwords and bank details. <p><b>How to enforce your copyright</b><p>In the UK, in broad terms you own copyright to any material that you create through intellectual property rights. These are defined under the <a href="https://www.legislation.gov.uk/ukpga/1988/48/contents" target="_blank">Copyright, Design and Patents Act (1988)</a> and are enforceable. This means that if you can prove that a substantial amount of work has been stolen from your website then you may be able to make a claim. In the UK, web hosting providers have a responsibility to remove offending content within a reasonable time period after a report has been filed and investigated and can be liable if they fail to do so. <p>If you believe that someone has stolen content from your website and you are concerned about the impact on your business you should seek immediate legal advice. Here at Rollingsons our team of copyright and trademark solicitors have handled claims in a wide variety of creative industries. For a consultation, please call us on 020 7611 4848 or <a href="http://www.rollingsons.co.uk/Intellectual-Property/Copyright-and-Trademark-Infringement" target="_blank">click here</a> for further information. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-66325342219779840032017-04-10T11:11:00.000+01:002017-09-15T11:12:36.631+01:00How to avoid copyright infringement in the digital age<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiqGLdpXAbilVOzZsYUkKbxdfH_qnwG_9CzfjV6CV_0JHBHQRcPuFq2PujhyphenhyphenC493JDfS5UA6nYrQBnPDkrkYAI1Rq6lXQ7ICyarjTKYR3ccq_paH_X_qmFlJx-9FK2yYrdC5VirbyGe9DIs/s1600-h/pexels-photo-313559%255B3%255D"><img width="350" height="239" title="pexels-photo-313559" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="pexels-photo-313559" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi6g69506pBnOxzwEIUEDOMKGrQDFM2bIBcJnqnqUx7YNrsH4nX-UimUXnwa5TXI7k_5AMcHVTX4QlyqZb0SSyCH3uLpUnT2U1Ai3-lSUDb2Saq7N27PQWZN8VP6mDNI2WhgPhA_CttkzuP/?imgmax=800" border="0"></a>When someone copies, distributes or edits someone else’s work online without their express permission this is known as copyright infringement. For businesses in the UK it is especially important to try and avoid copyright infringement which can result in both financial losses and harm to your reputation. <p><b>What is copyright?</b><p>Copyright is an intellectual property right that automatically covers a multitude of types of work including film, photographs, art, audio and more and lasts for the duration of the author’s life plus 70 years. Infringing on someone’s copyright can result in financial damage awarded through litigation and also damage to reputation through negative publicity. <a name='more'></a><p><b>How to avoid copyright infringement</b><p>First of all, it’s important to understand that quite often copyright infringement occurs without any ill intention. Instead, offenders manage to infringe on copyright through a lack of knowledge about what is and isn’t allowed. Sadly, pleading ignorance is not an acceptable defence should you be sued for wrongfully using someone else’s work. <p>One common example of this type of infringement is when someone decides to use an image that they do not own, perhaps in marketing material or on their website. By taking the image from another person’s website, or from a search engine results page, they are illegally using someone else’s work. However, many people assume that if it is on the internet then it is ‘fair game’ which is not true. <p>Another common example is when a company use music in an advert, or on their website without the permission of the owner. Both you and your employees are advised to automatically assume that any asset you are looking at on the internet belongs to someone else – whether that’s photography, audio, film or something else. <p>Unless it explicitly states that the image or piece of music is free for commercial use or the author has given you their permission to use it then you should always assume that it off limits.<p>Without a proper understanding of copyright it is easy for mistakes to be made which is why it is important to encourage a company culture where online media is sourced from the correct places and with the correct permission such as from stock photography websites. While this may cost you money to purchase images or music, you will be confident that you can legally use the images without fear of litigation. <p>If you or one of your employees has been accused of copyright infringement then you should seek immediate legal advice from a trusted source. Here at Rollingsons our team of <a href="http://www.rollingsons.co.uk/Intellectual-Property/Copyright-and-Trademark-Infringement" target="_blank">copyright and trademark solicitors</a> have handled claims in a wide variety of creative industries. For a consultation, please call us on 020 7611 4848 or <a href="http://www.rollingsons.co.uk/Intellectual-Property/Copyright-and-Trademark-Infringement">click here</a> for further information.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-51839426907030164482017-03-31T11:00:00.000+01:002017-09-15T11:02:37.659+01:00What is Fair Use in Copyright Law?<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj0ltzuhByZS9H6BVuFsXgOMFXYQfmuPDm2BT1SJxPHDqwbt0qrRcxRifb_8sIjFbHoggEUImrb_hpDM55YEYc6ZZWff4SJ0BMkER8uZ-3eF9hLQm62R6dZYWGSMhi9MAExbc_UpofbQRaC/s1600-h/movie-918655_640%255B5%255D"><img width="350" height="233" title="movie-918655_640" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="movie-918655_640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgr0SyxkNrCqLs72013nb6teieaJS5LP22BEcu4fmrHc-jr0HSGN-QU4f5getQF0o4W3drd0yNsA12HbmcKuM9UxUmrN7YeI8pcxXnMcCOK4adcC_0dySTlEPzW34v6Z9RKwQSE3rHbDOEP/?imgmax=800" border="0"></a>The term “fair use” relates to an exemption in copyright law that permits the free use of protected materials without first seeking permission from the rights holder. But how does it work in practice and can it be relied upon?<p><b>How are creative works protected online?</b><p>Copyright allows creators of media such as photos, videos, graphics, music and film to protect their work and to prevent it being manipulated, edited or copied by other people. However, while copyright is quite a well established idea, the digital age has presented a plethora of new challenges. <a name='more'></a><p>One of the first things to understand is that copyright is not universal and specific copyright laws actually vary from country to country. In an interconnected world, this means that copyright needs to be properly understood and observed if you want to avoid infringing on anyone’s intellectual property. The internet allows for creatives to access work from other creatives in practically any part of the world, so it is important to tread carefully and understand which laws apply to you. <p>The birth of social ‘sharing’ through platforms like Facebook, Twitter and YouTube have caused a growth in copyright infringement but many creators are unaware that they are doing anything wrong by sharing, co<a name="_GoBack"></a>pying or editing others work without permission. For instance uploading photos or video content which does not belong to them on social media might seem innocent enough but could actually cause harm to the owner of the content. An example of this could be a movie fan that uploads a trailer of a new movie to social media before the scheduled release date. From the original creator’s perspective, this trailer has been ‘leaked’ without their permission and could potentially harm impact of the trailer and affect their profits or box office standing once the movie is released, but from the perspective of the movie fan, they probably don’t realise they have done anything wrong. <p>Another example could be a blogger who uses photographs taken from a Google search to make their website more visually appealing. While the photos are freely available to view, they are not necessarily free to use. The photographs could belong to a website which makes a profit from taking photographs and selling them in a ‘stock image’ store. So using their photographs on your website without paying for the licence in their eyes is viewed as theft. <p>With this in mind, it is important to be careful when sharing, uploading or editing content in any way as you may be infringing on someone’s copyright. However, there are limited circumstances in which you can use someone else’s work without their permission under what is called fair use. <p><b>Fair Use</b><p>Fair Use is a principle that can sometimes be used as a defence in claims of copyright infringement. However, it only applies in specific scenarios and should not be relied upon in order to distribute, edit or duplicate content belonging to someone else. This area of law can be quite complicated but in general terms fair use will apply when content is used in the context of commentary, critique, used for research and educational purposes or used with the intention of sharing news to the public. <p>While fair use is designed to ensure that copyright law doesn’t impede on the public’s right to hear about current affairs or unfairly penalise those who accidentally infringe on copyright, it cannot be used as a defence in every situation. <p>If you believe that your copyright has been wrongfully infringed, outside of the realms of fair use then you should speak to an experienced copyright and trade mark solicitor immediately. Here at Rollingsons our team of copyright and trademark solicitors have handled claims in a wide variety of creative industries. For a consultation, please call us on 020 7611 4848 or <a href="http://www.rollingsons.co.uk/Intellectual-Property/Copyright-and-Trademark-Infringement" target="_blank">click here</a> for further information. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-42960315000896609962017-03-03T17:42:00.000+00:002017-09-12T17:44:29.880+01:00Dealing with employee theft<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg8ch_vhURT-jqm7kW8RhDGtTfVnGOTP4I0tvIxpv_o4ZbwQZX_cB_yKOqgORpKGUXyqftIQlL40jGnc1WeHG4pXgzrNi1gDBVB6YM_pOpaGhG-tCFwUZSQgaDL-8BhUudwsSvWylWKHhGO/s1600-h/stature-935639_640%255B5%255D"><img width="350" height="262" title="stature-935639_640" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="stature-935639_640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjcz6bexpUJs-de7yBKvy9xYUqMw-azsNp3IOHaMOCnDJj_uDrjEfDRmz8IRSdC81uUy8eHitC4eumKuAgHFbndJHLXqeqMO49ik3lblpAhTUUgjeSJx665lCkP5Mh6N0lIux1ABhEQPL7T/?imgmax=800" border="0"></a>From employees fraudulently filling in travel claim forms or time sheets, to stealing company information or expensive equipment, employee theft is a serious offence that needs to be handled properly but with caution. Discovering that an employee has been stealing from you in any capacity can be highly upsetting; however acting in haste can land you in hot water. <p>It is highly important for an employer to act methodically when dealing with a suspected case of employee theft and have a procedure in place to follow. Acting in haste and terminating someone’s employment without all the facts could lead to a lengthy and expensive unfair dismissal claim and an employment tribunal. <a name='more'></a><p>The first step therefore is to begin establishing all the facts over what has happened. You should consult with other employees who may have information about what has gone on. Establish where an offence happened and see if there is any supporting evidence such as CCTV or computer proof to back up your claims, recording everything in writing along the way.<p>If after your investigations you come to the conclusion that the employee poses an immediate risk to your business then you can choose to suspend them temporarily for a short time. However, doing so at this stage could leave you open to a breach of ‘trust and confidence’. You should at this stage speak to an experienced <a href="http://www.rollingsons.co.uk/Employment-Law-Employer" target="_blank">employment law solicitor</a> to avoid any missteps.<p>Once you have conducted your investigations, the next step is to begin disciplinary proceedings; ideally these proceedings should be conducted by another member of staff who wasn’t in charge of investigations. After consulting with a solicitor you may then decide to hold a disciplinary hearing which your employee will attend, bringing a witness if they so wish.<p>In the disciplinary hearing you should explain to your employee (in writing and verbally) what the allegations are, what your evidence is and what the repercussions may be if they are found to be guilty. As you go through your evidence it is important that the employee is given the opportunity to ask questions and to respond to your accusations in full. Finally, you will need to adjourn the meeting and determine whether, after hearing their side of things, you would still wish to continue disciplinary action. If you decide to do so then you should confirm the decision in writing and serve it to your employee. <p>It’s important to consult with an <a href="http://www.rollingsons.co.uk/Employment-Law-Employer" target="_blank">experienced employment lawyer</a> in order to minimise the chances of a successful unfair dismissal claim from a dismissed employee. For help and advice and for an initial consultation please call us on 020 7611 4848. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-66001064397707654292017-02-27T17:35:00.000+00:002017-09-12T17:37:02.909+01:00How non-disclosures can protect your business secrets<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgDCkMui1RXIr-4pZWvYLrOV_APmeCgSiWAsvozxS8LkYXMPi2wbSDz7CkhOcj7tP47JnLuH6nFVqVG2ZKd4ApyVK0jOPipKtZSWCIhLOJZTV2x8orgYNhjVmpD7NycTZFpWzoiwPRaaq9B/s1600-h/lock-1292282_640%255B5%255D"><img width="350" height="350" title="lock-1292282_640" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="lock-1292282_640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj6Bb8mEpEzePOl8Eh6luEIDS4hosEbfT_B2IhVAMlmtVlqbOTDCTSyRKIYy-W8DfG56zAwzkxbHdYmPLn3KdLCvF_ouKzlPQR1_fKXrEkzG9-iQQ9Xpkis0avquSgst8LrVNFH675fsWN0/?imgmax=800" border="0"></a>For many businesses, it is their trade secrets which provide them with an added edge over their rivals. Information, processes and plans can help them to gain an advantage and the unauthorised disclosure to third parties can be problematic and damaging. Here we will explain how Non-Disclosure Agreements (NDA’s) can help in protecting these types of information from dissemination by third parties. <p><b>What are trade secrets?</b><p>From the complex algorithms that Google use to order search results to the secret ingredients used in Kentucky Fried Chicken, trade secrets give businesses an advantage that requires protection. Trade secrets could include specific methods of working or production, equipment that is used, ingredients, inventions, algorithms and formula as well as customer lists and other types of information. Trade secrets are defined under law as information that is “secret in the sense that it is not generally known among or readily accessible to persons within the circles that normally deal with this kind of information”, “has commercial value because it is secret” and “has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it a secret”. <a name='more'></a><p>Whereas traditionally in the past instances of theft or leaking of secrets would often come from someone inside of the company or a business partner, today there is an added threat posed by online cyber criminals and hackers. However unauthorised leaking and sharing of company information from employees and third parties remains a problem. <p><b>Protecting confidential information </b><p>One way to protect sensitive business information, such as trade secrets, it to have any of your third-party contractors or suppliers signs a non-disclosure agreement prepared by a solicitor. A non-disclosure agreement will allow you to claim for breach of contract should a third party give away or use your trade secrets without your permission. <p>Here at <a href="http://www.rollingsons.co.uk/" target="_blank">Rollingsons</a> we have extensive experience in helping businesses to protect confidential information such as trade secrets. If you would like to have a non-disclosure agreement drawn up for your business or would like more information please contact us on 0207 7611 4848.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-76045170454367293942017-02-15T09:28:00.000+00:002017-09-13T09:32:11.231+01:00What to do if your work is pirated online<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgYl4rxbkl1FbQVyTJeFhR1lqV2w9DHTs0EZ3wzpJyzt0PugsCyDqGzTsJnyGWFSaGCVahd_xxePvd8Vvp8FOMT0ADN8TpR9mnmmsOxX7hKB9vvtJt6K4dZ4k8gW7h7DWStSn0iPZjkhAjy/s1600-h/computer-1844996_640%255B4%255D"><img width="354" height="237" title="computer-1844996_640" align="right" style="margin: 0px 0px 10px 10px; float: right; display: inline; background-image: none;" alt="computer-1844996_640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjavGE2Fi87NNzyXlZW8tZ-E3d_MEVOLtpEJW70ZsWtPLuvrXPqVyBKx7G_243USEkksg3PScH5n4-20zfRErE-GFB9bkLpuWGdf2h_zrkRlIOjWe47LhBAdKJosk4a3wm7z8opXUvLjXcs/?imgmax=800" border="0"></a>For media industries – particularly the music and film industries – file sharing is a controversial topic with many split over the positive and negative impact of the phenomena. <p>Some creatives, such as the Cuban born musician Pitbull, are proud advocates of file sharing and have even launched their careers of the back of piracy. In the early days of his career Pitbull uploaded his songs to the file sharing service LimeWire under the name of more popular artists in order to gain exposure. While many people were confused as to why the song they downloaded was another artist, many others liked the music enough to hunt down the true identity of the mystery artist and pay for his music. <a name='more'></a><p>On the other side of the coin many of those working in creative industries claim that piracy has had an overwhelmingly negative impact on their business. Take for example the hit HBO television programme Game of Thrones. It holds the title for the most pirated TV show of all time with <a href="http://fortune.com/2017/07/21/game-of-thrones-premiere-pirated/">90 million downloads</a> in just three days for the opening episode of its seventh season. HBO, which relies on TV advertising and premium online subscriptions has been forced to track the IP addresses of file sharers and contact their internet service providers to encourage them to stop. <p><b>What is file sharing?</b><p>File sharing is the activity in which internet users’ trade files (normally video, audio or software files) through a Peer to Peer (P2P) network. These networks are hugely popular and one of the most common methods for obtaining ‘pirated’ materials. However, they are a clear breach of copyright. Where programmes like iTunes and Amazon Music allow for music fans to download music with copyright owner’s permission, P2P network’s share files without the owner’s permission. <p><b>What should you do if your work is pirated?</b><p>In terms of legal solutions for piracy there are a few approaches that can be taken. First of all is the option of individual litigation. This involves suing individuals who have infringed on your copyright by sharing your work without your permission. However, litigation can be very expensive particularly if there are a large number of people or organisations sharing your work. An alternative to this is to request personal details of infringing individuals from their internet service providers through what is called a Norwich Pharmacal Order. They can then be contacted and asked to pay a fine or face court action. <p>If you believe that your copyright has been wrongfully infringed then you should seek immediate advice from an experienced copyright solicitor. Here at Rollingsons our team of copyright and trademark solicitors have handled claims in a wide variety of creative industries. To arrange a consultation, please call us on 020 7611 4848 or click here for further information: http://www.rollingsons.co.uk/Intellectual-Property/Copyright-and-Trademark-Infringement .Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-24731917236016902442017-02-03T12:01:00.000+00:002017-09-12T12:04:20.369+01:00Are grounds for divorce different in same-sex marriages?<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEga-yX_10or44dsqJPG7PzA-zGZsEBqMds6FQKsKcZ2Q4x3sej7dW7hDqNzkVUM3YkLLBTnLWGoey5IKM6tkPQzIcmCy-F4kSETTX1xA3famfTW0GZ7TeQxxQIbnwha15y91FlIBy1TeWtI/s1600-h/hand-83079_640%255B10%255D"><img width="350" height="233" title="hand-83079_640" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="hand-83079_640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhul7K7SeHhH0Opuuqk3xm5T0zqnf_FyugmSTb1YXI4BwldZAt2f5XAA5Yw9ZdSgZL-rs_i-ygT5lOLivkkeWlIZpIIoXtUbss5QsEi695NlIpFdSFruSvKCmljrUeKdlYzOpeUPmKDmFEN/?imgmax=800" border="0"></a>For the most part, the grounds for divorce in same-sex marriages are the same as that of an opposite-sex marriage. However, under the current system same-sex couples cannot use adultery as a ground for divorce. This is because the definition of adultery involves engaging in sexual intercourse with a person of the opposite sex. <p>So, does this mean that if your spouse has an affair with a person of the same sex that you are unable to use their actions as a grounds for divorce? Not quite, as although in this scenario you would not be able to use adultery as grounds for divorce, their actions could still be used as a ground for divorce as they could fall under ‘unreasonable behaviour’. <a name='more'></a><p>Unreasonable behaviour, which is a ground for divorce in all types of marriage and civil partnerships, is when your partner is acting in a way which makes you unable to live with them and be in a relationship together any longer. Excessive alcohol consumption, drug taking, physical abuse, emotional abuse, verbal abuse, sexual infidelity or acting in a financially irresponsible manner could all constitute unreasonable behaviour. <p>A second ground for divorce could be desertion. This is when your partner has left you for a period of at least two years and without your approval or any reason for their absence. If you have lived apart for two years then this can be used as a ground for divorce, provided that your spouse is willing to end the marriage, also. If your partner has left you for a period of five years or longer, then you may be able to divorce without their consent. <p>It is important to note that there are no differences in the division of finances when it comes to divorce in a same-sex marriage, and the grounds of divorce, whether ‘unreasonable behaviour’, or otherwise should have no bearing on financial, or custodial arrangements. <p>Here at Rollingsons, our team of <a href="http://www.rollingsons.co.uk/Family-Law/Divorce" target="_blank">family lawyers</a> have extensive experience with civil partnerships and same sex marriages. If you are in a same sex marriage and would like advice on annulment, divorce, separation or mediation, then please contact us today on 0207 7611 4848.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-83315729748915450362017-01-30T10:01:00.000+00:002017-09-12T11:58:17.911+01:00How to end a civil partnership<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhx12umSZTHRpktBx8r7t8EIbj1KsRidBoM5NPfuXdMfC-POcVl1lG0flWINrPCO8zRi9RX3rvkqqHZule_KK8J9gJZ070WrNu9YfGt3dHwewwdqXFgCwc9_R7fbwnTXC62MVjAO8Vd4EEo/s1600-h/AdobeStock_109430181%255B3%255D"><img width="350" height="233" title="AdobeStock_109430181" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="AdobeStock_109430181" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgxmaVOSIJ0rV6NG4rUTux1d10bQwnWb0U3eTZ0eRFdHu2i92sGA3z_0thuwOG-aW6PPTcoLAnvMjezkAO_L9MF_VwD-UZ7T5lIQpV0VB_e3Tbstxf0QK9lv6_M_TSHXqpNt4riNiYLd_mm/?imgmax=800" border="0"></a>Divorce is one of the hardest and most upsetting experiences that can happen in our lives. Yet, one in three marriages in the UK is now said to end in a divorce. <p>For those of us in a civil partnership, we can also encounter severe problems that unfortunately can’t be resolved and require an end to our relationships. While the ending of a civil partnership is not technically called a divorce, how it happens is very similar. Here we will explain the exact steps that need to be taken. <a name='more'></a><p><b>Dissolving a civil partnership</b><p>In order for a civil partnership to come to end, or be ‘dissolved’ as it is technically called, you must be able to demonstrate to the court that your relationship has irretrievably broken down. The grounds for ending a civil partnership are almost entirely the same as that of marriage, except that adultery is omitted. <p>The first ground for dissolving a civil partnership is that of unreasonable behavior. This is when you feel that your partner is demonstrating behaviors that make your position so untenable that you can no longer live with them. This could be because your partner has drug or alcohol dependency, they may be physically, verbally or emotionally abusive, there may be issues of sexual infidelity or they may be financially irresponsible in an excessive way. <p>The second ground for dissolving a civil partnership involves desertion. This is when your partner has left you for at least two years without your approval and without explaining their reasons for absence. If you have lived apart for two years then this can also be used as a reason for dissolving the partnership. However, your spouse must approve to ending the partnership. <p>If your partner has left you and you have lived apart for a period of five years or longer, then this can also be used as grounds for dissolving your partnership and can be done so without your spouse’s consent. <p><b>Seeking legal help to end your partnership</b><p>In order to legally put an end to your partnership, we advise you to seek counsel from an experienced family law solicitor who will be able to guide you through the process of filing to dissolve your partnership. The first step is to apply for a conditional order which explains to the court the reasons for filing to dissolve the partnership. The court will then serve notice of the application to your spouse who must respond, either accepting the filing or contesting it. If the spouse accepts then you can move on to an application for a final order which officially ends the partnership. However, if your spouse contests, the case will have to go to court. <p>Here at Rollingsons, our team of <a href="http://www.rollingsons.co.uk/Family-Law/Divorce" target="_blank">family lawyers</a> have extensive experience with civil partnerships and same sex marriages. We offer a friendly approach, answering any questions you have and identifying objectives, offering you a clear path to move forward. To arrange an initial consultation with one of our team, please call us today on 0207 7611 4848. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-2589839213887611252017-01-16T17:31:00.000+00:002017-09-12T17:32:52.829+01:00The importance of responsible data handling for businesses<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj2C2ds3q7bzayLz1LCI0ek7OIK8dgfWkoeSZoSnIyjoMK8SGIoyBKXNkd393bDQkX_pnnXK0olTOnn4D0lbsZiSPO_G7nxt4tELiErfpC6acOrdqv5hcVuKsdzjpRpy2PykFUC1RCbnaKj/s1600-h/pexels-photo-132907%255B3%255D"><img width="350" height="233" title="pexels-photo-132907" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="pexels-photo-132907" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj-hG4bz7Ba2ahZgzqI7ZUqXAiLH2djd32CqCfNWgQM6Ykh4SSfuEqeBzkm_mf4IaAbizZxT89qeyGAfk-3F0_nrMS7ICY5Wb328ZmLv99YoNC6T5jLT8uPDo_lG0kL5dLXw9rfWRFvN002/?imgmax=800" border="0"></a>There have been numerous cases in recent years where businesses and organisations have failed in their duties under the Data Protection Act (1998). Under the law, organisations must do all they can to safely store, maintain and correctly dispose of sensitive information. Failing to do so can leave you open to fines of up to £500,000 and can significantly damage your reputation. Take Japanese electronic gaming manufacturer PlayStation who were handed a fine of £250,000 by the ICO when a hack into their online network leaked the user logins and credit card details of their customers. So, with these dangers in mind what guidelines should businesses follow for storing, accessing and disposing of confidential data?<a name='more'></a><p><b>Data Protection responsibilities</b><p>In order to comply with the Data Protection Act (1998) businesses and organisations must adhere to the specific principles when handling confidential information. The first 8 principals rule that information must:<ul><li>Be fairly, and lawfully, processed</li><li>Be processed for specific purposes</li><li>Be adequate, relevant and not excessive</li><li>Not be kept for longer than is necessary</li><li>Be processed in line with the rights of the individual</li><li>Be kept secure</li><li>Be transferred to countries outside the European Economic Area unless there is adequate protection for the information<br><br></li></ul><p>And the second half of the act sets out the rights to the individual whose data is being handled. They are entitled to find out exactly what information is being held by your business and if they are denied they can contact the Information Commissioner’s Office (ICO) to help them obtain the data. Businesses that fail to adhere to the act leave themselves open to not only fines but also litigation from customers. For instance, if a customer feels that their data has been mishandled and this has caused financial losses or personal distress then they may be able to seek compensation. <p>You may also be required to register with the ICO – you can use their <a href="https://ico.org.uk/for-organisations/register/self-assessment/" target="_blank">free online checker</a> to see. <p><b>Destroying confidential data</b><p>The importance of securely disposing of confidential data cannot be underestimated and businesses face massive fines if their data falls into the wrong hands. Disposing of data through unsecure avenues could lead to data theft and identity fraud – a crime which costs businesses in the UK as much as £2billion every year. <p>Businesses should have systems in place which identify how long a document should be kept for, who should have access to it and put in place companywide procedures to make sure that systems are followed. All physical information should be clearly marked with destruction dates and physical documents should be destroyed by a trusted third-party vendor. Electronic files should also be securely processed by a specialist third party, as simply deleting files is no guarantee that they cannot be recovered by determined criminals in the future. <p>Here at <a href="http://www.rollingsons.co.uk/" target="_blank">Rollingsons</a> we have extensive experience in helping businesses to navigate data protection and privacy issues. For more information or to arrange an initial consultation please contact us on 0207 7611 4848. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-39550759329055325202017-01-06T09:59:00.000+00:002017-09-12T09:59:36.241+01:00Converting a civil partnership to a marriage<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhUn1Wy7lt_O8DDkoBp3n5T1AvR9cwcQiOHcxmTdtjhFe_InZYJPlcZW2HiMuSbw1npbnVbhUyFUbrUaXwvNq2vVL59FQ9iwpY6GSHlb-c7YFa4v1aeTEE2OZwvMY7-L91id_tr-xDvvzXz/s1600-h/AdobeStock_90025410%255B3%255D"><img width="350" height="234" title="AdobeStock_90025410" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="AdobeStock_90025410" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhKxsw1pPIt0p3AgWsV8-s_adx7LpSGAzYViptfP4Rg6krs-niTsvGrssfkCj7KoegfZtX-LbTnjrbX_q5vqvKE7ALKsXXW9DTTR8wYG8fDXmLuQphZJmfZ1S3GoxpwHIfgyz1JyAwUa0fZ/?imgmax=800" border="0"></a>In the UK, couples who are in a civil partnership are now able to convert their partnership to a marriage and there are a number of reasons why it can be beneficial. <p>First of all, in some countries civil partnerships are not recognised in the way they are in the UK. This means that if you are living abroad you might not enjoy the same rights as a married couple. <p>Being in a civil partnership can also present other issues in daily life such as being forced to state your sexuality on forms by declaring that you are part of a civil partnership. Many situations also force you to refer to your partner as your civil partner, rather than a husband or wife. In general, people often feel that there is a feeling of segregation around being in a civil partnership, which is not present when you are married. <a name='more'></a><p><b>How to convert a civil partnership to a marriage</b><p>If you decide to convert your civil partnership into a marriage in the UK then you are given the opportunity to hold another ceremony. However, there may be restrictions as to where you can have the marriage, as some religious buildings choose not to host same-sex marriages in their buildings. You can choose to have the ceremony take place at a registry office, or an approved religious building. <p>You and your partner will be required to attend and you will need to bring identification. By law you are required to bring your birth certificate, passport or driving license with a photo card, together with a recent utility bill, bank statement or other proof of address. If you are unsure of which identification is acceptable then you should seek the advice of the registry office or religious building where your ceremony will take place. <p>In civil partnerships there is no need to say vows; however this is required with a marital ceremony. You will need to sign a declaration in the presence of a registrar that documents your willing to convert your partnership into a marriage. <p>Here at Rollingsons, our team of <a href="http://www.rollingsons.co.uk/Family-Law/Divorce" target="_blank">family lawyers</a> have extensive experience with civil partnerships and same sex marriages. We offer a friendly approach, answering any questions you have and identifying objectives, offering you a clear path to move forward. To arrange an initial consultation with one of our team please call us today on 0207 7611 4848. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-77727417767899214382016-12-30T17:22:00.000+00:002017-09-12T17:24:42.972+01:006 ways to protect business information in the workplace<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg7X3V4aU3EIZMOjNy667xu_MGHHYxPA7IzlbQ7dfnxNTpLUkea6Lkcq7FDkDrjJFvCiAcVRVSR1MTaUNmlEcm92yP99jbS3bHHHyvrSK58iV2NDq47blG9lmDszqlV4nsdhPjzR8JFzE80/s1600-h/pexels-photo-225502%255B4%255D"><img width="350" height="227" title="pexels-photo-225502" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="pexels-photo-225502" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh4zzvCtCA6b1Y_DH3Q8pgOlCVGuMI75rsGVqEr4XCWHgWGoqSWHYdqYoKgFaudIelN0zjoLalC85MsvYMScSj7loMVyoNvcG2sHJsnHTlgvRihzNpo64ySScF6ZQfURYLxV7ttsJG6Zr97/?imgmax=800" border="0"></a>One of the most challenging prospects facing businesses in the UK today is how they can protect their confidential information, trade secrets and contacts, all of which are at threat from competitors, rogue employees and hackers. Here are 10 suggestions to better protect key information. <p><b>#1 – Background checks</b><p>Digging into the history of hiring candidates not only gives you a good indication of their competence for a particular role but it can also give you an insight into their honesty and integrity. While a criminal record may make you question whether or not they are the right fit for your businesses there are other red flags too. Lying about qualifications or work history and unaccounted gaps in their CV may also be red flags. <a name='more'></a><p><b>#2 – Protect your data with strong passwords</b><p>It may seem obvious but having strong passwords that you update on a regular basis is one of the most fundamental steps in online security. Whether you are trying to protect your online banking, specific computer files or your company’s social media accounts it’s critical that you choose a strong password. Make your password hard to guess by avoiding any personal connections, having a different password for every account and using a mixture of numbers, symbols and upper case characters. <p><b>#3 – Be wary of online threats like Ransomware</b><p>New viruses and computer bugs are being developed all the time and it’s important that both you and your employees are on guard. Malware like ‘Ransomware’ in particular can seriously jeopardise your business. Once installed Ransomware locks down your computer and refuses to access to your files unless you pay a financial ransom. However, even if you pay you are not guaranteed to be restored access. To protect against Ransomware you need to have a comprehensive IT security plan in place with up to date anti-virus software and training for your employees to spot suspicious websites and email attachments. <p><b>#4 – Access control </b><p>A good strategy to prevent physical data theft in your premises by rogue employees or opportunistic thieves is to limit access. This means only allowing specific individuals access to certain data such as company contacts or billing information. This could be in the form of lockable drawers, or it could also be files on your computers which are password protected. You may also decide to keep a written log of any electronic devices which may contain sensitive information. <p><b>#5 – Know the signs</b><p>Sudden changes in your employee’s lifestyle or behaviour may indicate that something is array. For example if an employee is living beyond their means with lavish holidays or expensive cars, suddenly working late when no-one else is in the office or is resistant to questioning about financial matters. Looking out for these signs with close supervision of employees as well as a culture which encourages the reporting of theft and fraud can help to mitigate this type of behaviour. <p><b>#6 – Utilise restrictive covenants</b><p>Restrictive covenants are a very effective tool for employers in protecting their assets. If placed correctly in an employee’s contract they can be used to deter and prevent an employee from using inside information or contacts that they have been permitted access to for their own personal benefit or the benefit of a competitor. Key restrictive covenants that can be drafted by a solicitor and can help an employer in this situation include non-compete clauses and non-solicitation clauses. A non-compete clause stops one of your employees from going into business in competition with you once they leave and a non-solicitation clause helps to prevent them from soliciting work from your client base. <p>Our <a href="http://www.rollingsons.co.uk/Employment-Law-Employer" target="_blank">employment law solicitors</a> are experienced in drafting and reviewing <a href="http://www.rollingsons.co.uk/Employment-Law-Employer/Restrictive-Covenants" target="_blank">restrictive covenants</a>. If a dispute has arisen in respect of restrictive covenants, we can assist you in enforcing those terms through the court. We have significant expertise in pursuing restrictive covenant litigation and have successfully resolved cases involving a variety of industries. To arrange a complimentary telephone consultation, please contact us online or call 020 7611 4848.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-12948270369567759662016-12-15T09:54:00.000+00:002017-09-12T09:56:09.132+01:00How to legally change your gender<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhsFd9QThPusDigxC85zsJ_W6dY79ud5ZLLshYfBGh8GOu4B9hxNuuffC3sap6mn5C9PxOIovmacaNTFqZhIqFUCn-uPXlyzPsHlEHt_AkbWThjadb0BwyPeQDE4ASZhtV4WaQh9d0lXic9/s1600-h/AdobeStock_85591946%255B3%255D"><img width="350" height="233" title="word gender on colorful wooden cubes" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="word gender on colorful wooden cubes" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhjXQ1abGMh0FRJBZtvgR0bhXD7aHlPGZXCkWLwzzeruUBggZdtkYKnGyzPnoFJsi_XVOnu6kXgKCdCDaP3DwTOr6MaiC_TCfgu_Tz-TXxuJ2x1BFCqfzV3LVjuIUGf-o0uMUXgYwe2BIzb/?imgmax=800" border="0"></a>If you are looking to legally confirm a change of gender, you can apply for a Gender Recognition Certificate with the help of a solicitor. Here we will outline some key information regarding legally changing your gender in the UK.<p>In order to be legally recognised as your chosen gender in the UK you must first apply for a Gender Recognition Certificate. While changing your gender with banks, schools and official documentation such as your driving license or passport is relatively straight forward, it does not presently change your legal gender. However, under the Gender Recognition Act (2004) a route has been created for transsexual people to be able to legally change their gender. <a name='more'></a><p>In order to be able to apply for a Gender Recognition Certificate you must be able to demonstrate that you meet specific criteria to the Gender Recognition Panel. First of all you must be at least 18 years of age. You must also have been living as your chosen gender for a minimum period of two full years. You must intend to continue to live as that gender for the rest of your life. You are also required to provide medical reports, one from your General Practitioner (GP) and one from a Gender Specialist. These medical reports are to provide and confirm a diagnosis of Gender Dysphoria. The report will be required to detail any transition related medical treatment that you have undergone, or explain your reasons behind not wishing to have any treatment. Treatment could involve psychological counselling, hormone treatment or other types of treatment. <p>If you are married, or in a civil partnership then the process of obtaining a Gender Recognition Certificate can be more complicated. In Scotland, Gender Recognition Certificates are now also available to persons who are married or in a civil partnership without the need to divorce first under the Marriage and Civil Partnership Act (2014). However, in the rest of the UK, written consent from your spouse needs to be provided. If you are in a civil partnership you will also need to convert the partnership to a marriage before you can be given legal gender recognition. However, if both civil partners wish to apply for a Gender Recognition Certificate at the same time, then there is no need to convert the marriage. <p>Here at Rollingsons, our <a href="http://www.rollingsons.co.uk/Family-Law" target="_blank">family law team</a> is experienced in the Gender Recognition Application process. We can help you to complete the relevant forms, as well as provide the necessary evidence and documentation to complete the process in a timely fashion. To arrange an initial consultation with a solicitor experienced in these issues, please contact us today on 020 7611 4848. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-45312175858897266672016-12-02T09:48:00.000+00:002017-09-12T09:49:50.848+01:00Why business owners should consider prenuptial agreements<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiuIQxS4XfnoLqI2TxrmIZc2FSU8ekUc6gooo3agJJhkXJkOaVn9pqhvgzd8uAeQhqC-WZdB3ys_wUyENwFKEmOKZLLi5BR5Ffu29_JQIYJIExzEoC6k7Tg0THIRV_Pc96qwxO9xSH57LFj/s1600-h/affair-1238430_1280%255B5%255D"><img width="350" height="233" title="affair-1238430_1280" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="affair-1238430_1280" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgNItQFwGK5PEAjmrOqT-aPQzR0tNf0AsBUmQLwCiG-999bl3oiKHwHSNty3tb2VMNMCwvIBvFN2SAoTWboK_4N0qdeiz3A_aSncr5X3Rb83gqiToxdYpNTpRmUE1lziTkiQYaSryJG8rgh/?imgmax=800" border="0"></a>Divorce has an impact on almost every area of your life and your business interests are rarely immune to that. When it comes to making a settlement with your spouse, you may be forced to give up as much as 50% of your wealth, and depending on the nature of your business this could include your business assets. However, increasingly pre-nuptial and post nuptial agreements are being recognised by the courts and taken into account when deciding upon financial settlements and could allow business owners to protect their companies from the impact of a divorce. <a name='more'></a><p><b>What is a prenuptial agreement?</b><p>A prenuptial agreement is a contract that is entered into by both you and your fiancé. Drawn up by a qualified and experienced solicitor, it lays out exactly what you would like to happen in the event that your marriage fails and you request a divorce. <p><b>How could it benefit me?</b><p>A pre-nuptial or post-nuptial agreement (drafted and agreed upon after marriage) could ring fence important business assets that you do not wish to play a role in any financial claims that are made by your spouse, should your marriage end. <p><b>How does it work?</b><p>If you want your pre-nuptial agreement to have the best chance of being upheld and taken into account then it needs to be drafted carefully. Some of the caveats include making sure that the document is signed at least three weeks before the wedding day and that there is a full and honest disclosure of finances by each spouse before anything is signed. Each party must have access to legal advice, and finally the agreement must be regularly revisited to allow for changes in each spouses financial situation, and in this case, that of their business. <p>If you are planning on getting married and would like to investigate all the possible avenues of protecting your business in the future then we can help. To arrange an initial consultation with a solicitor experienced in <a href="http://www.rollingsons.co.uk/Family-Law/Divorce" target="_blank">family law issues</a>, please contact us or call us on 0207 7611 4848.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-76888213189480163512016-11-30T09:44:00.001+00:002017-09-12T09:47:41.400+01:00Why it’s important to be honest in divorce proceedings<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhzXXGZuvCGzQ__px29LN2b4FMXzo_yDUgw_zNirDcemh9kQxSZm1JuL7T-SfiHnWQaPUOcFVSu9vvIwMasynKZsddWKreXWOfpiYO8G0p75YrR2LmajbCnow9ySiIw286QGmCIF4f9z8u1/s1600-h/accounting-931424_1280%255B5%255D"><img width="350" height="262" title="accounting-931424_1280" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="accounting-931424_1280" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi2bMQCCOKqBDsVqDrpb2GKcC_IyqCS488kw0SsKwAcUUorkD7VTM5l__52dy3qlYl3Bsw4o9u-QZodNOzfSXf7f110tn8mYo23e7y-ctxQ8t1-XpTtaQ6QgZ7XZuQOxikS1IJKn5WE43zv/?imgmax=800" border="0"></a>When a marriage breaks down and is headed for divorce, both parties are encouraged to be fair and honest with each other regarding their finances. This allows for the court to reach a settlement which is reasonable. There is a temptation for spouses to misdirect their partner and the courts over the value of their assets, but as two recent cases show this is rarely a good idea. </p><p><b>Sharland and Gohil</b></p><p>An example of the importance of being honest about your finances is the case of Sharland and Gohil. These two high-profile cases involved divorce claims which were brought back to court on the basis that finances were deliberately concealed and the court misled. <a name='more'></a><p>Alison Sharland, who received £10 million in her original settlement in 2010, believed that she was being paid out around half of her husband’s estate. However, soon after the divorce it became clear through the press that the company was worth much more, potentially as much as £600 million. <p>Sharland then petitioned the court to look again at the divorce settlement and consider that her ex-husband had misled the courts about the true value of his company, as well as plans to float it. <p>Similarly, Varsha Gohil divorced from her husband with a settlement of £250,000 and a car. However, her former spouse was later found guilty of money laundering with reports of wealth of as much as £50 million. <p>While both of these cases had their initial applications rejected, they won a Supreme Court appeal and are set to be reconsidered by the courts showing that the courts are intolerant of dishonesty in divorce proceedings. <p>While it may seem clever to conceal assets and use other trickery to hide the true value of your estate, there is a very real chance that you could be brought back in front of the courts at a later date, incurring more legal costs and making another settlement. <p>Here at Rollingsons we deliver comprehensive advice and solutions on asset protection. We work to ensure that full and frank disclosure is made and that assets are not sold or transferred to others without the other spouse’s knowledge. To arrange an initial consultation with a solicitor experienced in <a href="http://www.rollingsons.co.uk/Family-Law" target="_blank">family law issues</a>, please contact us or call 020 7611 4848.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-84595899496790739832016-11-22T17:55:00.000+00:002017-09-11T17:56:55.480+01:00Do I need to give my employee a contract?<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhpyXuUZ8VhfAqMHGgp_lcdIin5T3emwHaeyhD6IDgm4na7_j2jE_lku6-K_93O_y08GJLHitWnKhFuoxa4byqSOmJ3CNkEMzi7jc0BdgkAEfigC7hroF20SQQ-ADAMV5_Z2XedbWDRoDdj/s1600-h/AdobeStock_97394901%255B4%255D"><img width="350" height="234" title="AdobeStock_97394901" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="AdobeStock_97394901" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjpIZsQFc1cvfC-kliYcb3m0zKEBN_Bm4muXvfbraySB9JRazhNojGblzkf6xsLc1kt01JvmwGHqHpLKZEMzZQN4yly4J-bWij7amqvRT0Ey5Phn9EFSHh164TNK4IM9H5c9pwlPqMMKneM/?imgmax=800" border="0"></a>In the UK it is a legal requirement that if someone is working with you for longer than two months that you provide them with a written statement of their terms and conditions of employment. While this is not an employment contract, it does include lots of information about the working relationship such as payment, shift patterns, working location and holiday entitlement. <p>A written contract expands on these key points and tailors them towards your business needs, providing you with security and recourse should things go wrong. So it is a smart decision for businesses to provide their employees with a written contract. <a name='more'></a><p>Many businesses ask for additions to their contracts which can help protect them. For example through the use of <a href="http://www.rollingsons.co.uk/Features/guide-to-restrictive-covenants" target="_blank">restrictive covenants</a> which can help to protect information, knowledge, contacts and key company assets. Non-compete clauses can be used to prevent an employee going into competition with their former employer, a non-poaching clause can be used to prevent them from taking colleagues with them, and a non-solicitation clause might be used to stop them from approaching former clients. <p>Increasingly with the rise of social media, many businesses also now choose to adopt a social media policy which can help to protect the businesses reputation and prevent employees from embarrassing the company. Many also choose to have policies put in place to prevent data theft by monitoring email and web traffic as well as banning use of personal IT equipment like laptops, mobiles, hard drives and USB pens which can also present a security risk. <p>Here at Rollingsons we have extensive experience dealing with employment contracts for our business clients. We can help you draft a contract or assist you in enforcing its terms through the courts. Please call us on 0207 7611 4848 to arrange an initial consultation, or <a href="http://www.rollingsons.co.uk/Employment-Law-Employer" target="_blank">click here</a> to read more about our employment law team.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-51882368124242014182016-11-03T09:41:00.000+00:002017-09-12T09:47:14.321+01:00How to limit the damage to your business from divorce by planning ahead<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjn3dZps9Jvbdixh-48wN8UTTYJD8opt1cF6nQIJE79kAJjP8A1W3JWRT_tZ6jKjaf_e3p9VuqSTDj55VCp0Pepx0038sI4Swl9xVRnVH94Suv1nppdeUoeR6XVVeHpc_aYtCJXASS851yW/s1600-h/AdobeStock_36522890%255B3%255D"><img width="350" height="233" title="AdobeStock_36522890" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="AdobeStock_36522890" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjgQ2OHR68LCjQMWFHf0hZvU1HjppfxeNKiHLAH36dyyKpgzD24B5ZDA8MF8XzYJaxtQDQ1nmp4SDe30iuDDxOctniic5Y_OmuuyqcW5tALlyowLdhIRIb05fXkA5IE6zybrVJBQMPSjCv1/?imgmax=800" border="0"></a>One of the biggest mistakes that you can make as a business owner is to not give your company adequate protection against a marital breakdown. Business entrepreneurs often put in place contingency plans for a number of different scenarios from insurance for fire and disasters to company policies which prevent data theft and cyber attacks. Why then do so few businesses prepare for what will happen to their business if a business owner’s marriage breaks down?<a name='more'></a><p><b>The impact of divorce on a business</b><p>The breakdown of a marriage can put an enormous strain on your ability to run your business. Emotionally, the personal turmoil of a divorce can take away your ability to focus on the day to day running of your company. However, separating from your partner and then delaying a decision to get divorced can prove costly. When it comes to making a valuation of your business when making a settlement with your spouse, the courts may acknowledge any rise in value that happened between the date you separated and the date of divorce. Then there is the actual funding of your divorce and settlement which may result in selling off company assets and the undoing of years of hard work. <p><b>Planning for the future</b><p>The best way for you to protect your business from the all-too-common occurrence of a divorce is to plan ahead, so you can avoid the heartache of having to sell your business assets, or even your business itself to fund a divorce settlement. <p>The first step to take is to consider pre-nuptial and post-nuptial agreements. A pre-nuptial agreement, if drafted correctly, will help to separate your personal assets from your business assets, effectively ring fencing them from any claim by your spouse at a later date. However, the agreement must be freely signed by your spouse and signed well in advance of your wedding day, otherwise the courts may reject them as void. Post-nuptial agreements can be drafted by a solicitor and can be signed after the wedding has taken place. Here you can also decide how you will divide your assets if your marriage comes to an end. However post-nuptial agreements often face a higher level of scrutiny and are sometimes even rejected by the courts. <p>Another option with limited companies is to enter into a shareholders’ agreement, a confidential contract between shareholders of your company. This makes it difficult for a shareholder’s spouse to gain access to any shares in the business in the event of a divorce. It can also be wise to open up the shares in your company to people outside of your immediate family, as the court may be less willing to order a sale of the business which could cause problems for people who have no involvement in the divorce proceedings but could be damaged financially by an order of sale. It is also important to regularly review your Articles of Association to ensure that shares are protected during a divorce. <p>Finally, think carefully before you involve your spouse in your business affairs. They may have lots of skills which could benefit your business and it may even be beneficial for tax purposes, however the more closely your spouse is involved the more likely they will wish to stake a claim in it should you marriage unfortunately break down. <p>If you are planning on getting married and would like to investigate all the possible avenues of protecting your business in the future then we can help. To arrange an initial consultation with a solicitor experienced in <a href="http://www.rollingsons.co.uk/Family-Law/Divorce" target="_blank">family law issues</a>, please contact us or call us on 0207 7611 4848. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-72627723077798030382016-10-28T09:37:00.000+01:002017-09-12T09:40:08.741+01:00Divorcing when you own a business together<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj74oTvRvt3YZ6DBvtRq2nPM0Zjp1MZYLkw8IuiC6vJVNfCCIENdlO7BjUM9jy2xPGsicqcW_LeK6vznWkjI09sK3HLN59hyphenhyphenpbw41BTr5PWwBRl2D_kDiwnO9aLdcyusB67dyLq5oQv71bt/s1600-h/office-170639_1280%255B5%255D"><img width="350" height="234" title="office-170639_1280" align="right" style="border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="office-170639_1280" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj-_OTFU2F2Or1UHzAy3m7-M_yn55gbNIlYlBGA2A58o1f6Xyj_50-dAtqDvLWa1uVNqiAJk1IVK-U6w2XRqxtA_VBd6ljxl17DCnXhk14lGcLg_YQdEYAcXljQr1Gtk1kv5yy-B3utIjaO/?imgmax=800" border="0"></a>The breakdown of a marriage is often difficult enough and there are lots of decisions to make, but throwing a business into the mix can make things all the more difficult, especially when you started the company together or share an interest in it. <p>According to figures from the <a href="http://www.ifb.org.uk/" target="_blank">Institute of Family Business</a>, there are more than 3 million family businesses that currently operate in the UK. Family businesses tend to operate on mutual trust and all too often overlook the importance of putting pre-emptive measures in place like pre-nuptial agreements and post-nuptial agreements. These types of measures can help to prevent putting your business at risk further down the line if problems arise and a marriage breaks down. <a name='more'></a><p><b>What to consider if you own a business together and want to get divorced</b><p>Ending a marriage requires support, not only from your friends and family but also in a legal sense. Every divorce is different and so is every business which means that you will require a tailored response to get the best outcome. You should seek advice from a family law professional who will be able to advise you on the best course of action. What that looks like depends on your situation but it could be selling your half of the business to your former partner, transferring non-business related assets to offset your claim on the business, taking payment in instalments, taking a percentage of the value of the business if it is sold in the future or even continuing to work together. <p><b>Valuing the business</b><p>For a financial settlement to be made the business must first be valued by an independent expert such as an accountant, normally using either an asset-based method, earnings-based method or a dividends based method. Once a valuation has been determined it is then up to the partner who wishes to retain the company to raise funds to meet the split of the valuation of the businesses.<p>Whether the business will even be taken into account will of course depend on whether or not you have entered into prenuptial or postnuptial agreements which can effectively ring fence business assets from any divorce claims. It can also be effected by the amount of shares you own in the business, partnership terms and articles of association, the length of the marriage, whether the business was inherited or not and finally your needs. <p>If you are considering a divorce and run a business with your partner then you should seek advice from our family law team. It’s important to know that if you decide to put off your divorce but still separate from your partner then you risk having to pay more for your business. The court may decide to acknowledge a rise in value between the date of separation and the date of divorce. <p>To arrange an initial consultation with a solicitor experienced in <a href="http://www.rollingsons.co.uk/Family-Law/Divorce" target="_blank">family law issues</a>, please contact us or call us on 0207 7611 4848.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-89952595433377431272016-10-17T17:48:00.000+01:002017-09-11T17:50:19.930+01:00Why every business partnership should have a deed in place<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi5lV59cB-DQbBah3C3glNW-wYpYsxWpVOQbK8dM8itfCN4KtL08wk-Nwoy54Xri1y1jGzzm8xC5eUK_JvNBxacbwgIO8bynX4rIVMYqSuw2cEiudWleTaGjPdlg_s5nq-H4dgecudmGzWo/s1600-h/AdobeStock_57325018%255B3%255D"><img width="350" height="233" title="Discussing project" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="Discussing project" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEieNfbkiG0EdKZHpUTIg6CQGAhD9emXoYHIubsD_UbhntrTVINOPuTB02Tobihn26XVEJq6kKvjNaFKuAM_4AykH1GxSIC_r6Znb8aplNrI-OOwngpBGDpYDOmsPbAxg6wzVoBYcZmdkhUE/?imgmax=800" border="0"></a>If you are thinking about entering into a business partnership then it is incredibly important that you set out an agreement that outlines your duties and obligations to each of the partners and to the partnership as a whole. Even when working with friends and family there is the opportunity for disagreement and especially when there is a lack of clarity over how the business operates. Drafting a partnership agreement at an early stage and regularly updating it to reflect changes in the partnership can help avoid expensive buyouts and headaches further down the line. <a name='more'></a><p><b>What is a partnership agreement?</b><p>A partnership agreement is a legal document which details the terms and conditions of a business partnership. It outlines specific agreements related to your business over areas such as ownership, decision making, profit and loss and duties and makes each partner clear of what is expected of them. Failing to have a partnership drafted when setting up your company can leave you vulnerable to problems in the future, for instance if a partner makes questionable decisions, retires or sadly passes away. <p><b>What should be included in it?</b><p>Every business is different and there is no one-size fits all approach to drafting a partnership deed. In fact, your partnership deed needs to reflect the nature of your business and its particular circumstances to be most effective. However in general it should cover the following areas:<ul><li>The names of partners</li><li>The name of the partnership</li><li>Commencement date of the partnership</li><li>The nature of the business</li><li>Capital investments required by each partner</li><li>Decision making and management</li><li>Duties and responsibilities of partners</li><li>Profits, losses, drawings and loans</li><li>Share purchasing</li><li>Accounting and record keeping</li><li>Restrictions and covenants</li><li>Entry of new partners</li><li>What happens upon the exit, retirement or death of a partner</li><li>Dissolution and post-dissolution of the partnership <br><br></li></ul><p><b>Reviewing partnership agreements</b><p>With the changing nature of businesses and also that of UK law, it is important that partnership agreements are regularly revisited to avoid their terms from becoming void. Should there be changes in legislation, or significant changes in the partnership such as the entry of a new partner then the deed should be revisited and the necessary clauses adjusted. <p>If you are entering into a partnership and require a deed to be drafted, or you are already part of a partnership and would like your deed reviewing or adjusting then please contact us on 0207 7611 4848 to arrange an initial consultation, or <a href="http://www.rollingsons.co.uk/Employment-Law-Employer" target="_blank">click here</a> to read more about our employment law team. Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-80156418821404421692016-10-03T14:40:00.000+01:002017-09-11T14:41:08.617+01:00How to check a tenant under Right-to-Rent<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhzNaBMydfAb31mmXp3E5f6X4-ItGT1-ao5Ns1Lxj5B9LzP-CdEjgvF-IHRu7iY2a_ANL2dfWkI3Wv-VhsxqTaMC78SEVKTcrlYKKWU9y_b8RmaEPFTeYPn62_v4BdixHrNRJT5RADwjWdV/s1600-h/stamps-738059_640%255B5%255D"><img width="350" height="262" title="stamps-738059_640" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="stamps-738059_640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj1COJvA0ZOpcJd4vGWgRgGdOYZJWEZ0ydxTkn_uo-5PCCl9naBufP8A6itcjfuo_NfSjZDYhT97CZQvFQikhvqB_hGEwn7RhK_UNQ44zmN-oIy4y3-GgFYHh56S9cGtZDGIk9HCzEbPn1Y/?imgmax=800" border="0"></a>Due to changes made in February 2016, every landlord in England must now carry out checks on potential tenants to make sure that they have the right to be in the country on a residential basis before they are allowed to move in. <p>Right-to-rent checks do not need to be carried out on current tenants but if you fail to check new tenants within a 28 day period leading up to the start of a new tenancy then you could face penalties. <p>Right to Rent was introduced as part of the <a href="http://www.legislation.gov.uk/ukpga/2014/22/pdfs/ukpga_20140022_en.pdf" target="_blank">Immigration Act (2014)</a> as a way of deterring those persons who are not legally allowed to reside in the UK, and was initially piloted in the West Midlands for six months. In order to establish whether a resident is allowed to live in the UK they must ask to see original and genuine documentation such as ID or birth certificates and retain copies on file with dates of checks recorded next to them. If a tenant is currently allowed to live in the UK but only on a temporary basis then the landlord must schedule to follow up the check just before the expiry date or 12 months after the initial check. A list of acceptable identification can be viewed <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/573057/6_1193_HO_NH_Right-to-Rent-Guidance.pdf" target="_blank">here</a>, as supplied by the Home Office.<a name='more'></a><p>The rules apply to a range of tenancies including standard tenancies, sub-tenancies, leases of under 7 years, sub-leases and licences and extends to properties which persons aged 18 years or over are using as their main home. However there are exemptions which include accommodations arranged by local authorities or NHS bodies, care homes, hospitals and hospices, social housing, hostels and refuges, tied accommodation, student accommodation and long leases. <p>While checks may seem like an inconvenience, landlords may be liable for civil penalties of up to £3,000 if they fail to carry out the necessary checks. In order to make the process easier, landlords should integrate this as part of their referencing process, encouraging potential tenants to bring along the necessary documents to viewings. <p>Here at Rollingsons our property litigation team has extensive experience acting for landlords and can advise on the necessary requirements for buy-to-let properties. Contact us on 020 7611 4848 or visit our <a href="http://www.rollingsons.co.uk/Dispute-Resolution/Property-Litigation" target="_blank">property litigation</a> page for more information.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-89499810541707077572016-09-29T14:33:00.001+01:002017-09-11T14:35:40.141+01:00How to encourage tenants to pay on time<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhzp6Osc66hyphenhyphenLCfpeMHm1hS7cpYeU5rW7GZrpRgBoTAv1E6MeWvq18yAOQeyE8lq6EPfahHYnfJITe0gi2jjM6RHeY92m-sim9kNW5v8nRZ-dlQKuwf37bJ5tf0rVx7MIqHp3u6RnK89Ed_/s1600-h/keys-1837155_640%255B5%255D"><img width="350" height="233" title="keys-1837155_640" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="keys-1837155_640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgU8xKtCTqxi05sGQwXBc-9UubPJi_MYnEG9ZzyGaIvbGvJUgddmMtp9IE43h-2EZTxC7qZOQBY8rITapnH4iX_ri92SItu5A8MO19y9s9WBDqt0PvZuOTzeX98MrGqAzYzVQPVw0XLQzZn/?imgmax=800" border="0"></a>If you have found yourself repeatedly renting a property to problematic tenants then you may be wondering how you can cut down on the number of tenants who end up missing payments. As a landlord, missed payments can be one of the most frustrating aspects of buy-to-let, and can leave you disheartened and frustrated with your tenants. Here are some ways that you can reduce the likelihood of arrears. </p><p><b>Standing orders</b></p><p>We are all human and often a tenant can miscalculate the payment day or simply forget to make a payment at all. One of the easiest ways to prevent any mistakes is to have the tenant set up a direct debit or standing order. This standing order can be set up on the day after their payday which should allow rent to be paid automatically, and before they have chance to accidentally spend too much of their wages. <a name='more'></a><p><b>Act promptly</b><p>If you keep good records of your rental income then you should be able to spot straight away when rent has been missed. The best way to encourage payment on time is to contact the tenant as soon as rent has been missed. This shows them that you take the issue seriously and can limit any further losses. <p><b>Discuss any problems</b><p>Keeping a level head at this point is imperative and you may find that your tenant has genuine reasons why they have skipped a payment. If they are having financial difficulties then you should be able to offer possible solutions such as a repayment plan or eligibility for housing benefit. Repayment could involve paying back the arrears split over the top of forthcoming rent or it could be adding an additional month’s rent on to the end of the contract. Alternatively you could offer to waive the month’s rent if they accept to terminate the contract and vacate the property. However, you should remember that any agreement you make should be put down in writing immediately. <p>Here at Rollingsons our property litigation team has extensive experience acting for landlords in relation to all manner of property disputes. Contact us on 020 7611 4848 or visit our <a href="http://www.rollingsons.co.uk/Dispute-Resolution/Property-Litigation" target="_blank">property litigation page</a> for more information.</p>Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-4098510395969379892016-09-20T17:42:00.000+01:002017-09-11T17:45:01.261+01:00Choosing a legal structure for your business<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgHq8xGBldyPRC4ZWkWGBW8o4kngUfbnVSsN-K4kK1UDjhPMl9hvXyB7eobsVdSjEv8zrsPJinKZ6P3QofpsNrZvTOXe1io1cg17xk3UjBFxzTIsmKTxh8ZPjXuZV6_x5UOQB6yxArc__Dh/s1600-h/hand-427518_640%255B5%255D"><img width="350" height="232" title="hand-427518_640" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="hand-427518_640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgbheEyXUtiBkKjXl5OrQbVYF-HH6h-CtjjAe116wgASW-A6YC-e0tp-BhhYc_MGgLrrYrznl79kzxaJ3eF17cMflQ1Ho2ZlAbfjfyFojvlhb7Dd1nathaU0VsBJGOLvTKkT15Dg8vyKspT/?imgmax=800" border="0"></a>One of the most important decisions you have to make when setting up a company is the type of legal structure that you wish to operate under. It is important to have a good understanding as each option has its own specific advantages and disadvantages relating to a number of areas including tax, liability and finance. Here we will go through each of the three most popular forms of business structures and detail the pros and cons. <p><b>Sole Trader</b><p>The easiest structure to get your head around, a sole trader is normally the most suitable business structure for small businesses. As a sole trader you solely own and control your business and are liable for it. In the UK the majority of businesses operate as sole traders. Some examples include butchers, barbers, photographers and plumbers. <a name='more'></a><p>The pros of running a business as a sole trader are numerous. First of all you maintain control over key decisions regarding your business which means you don’t have to win anyone around to your way of thinking. There are also very few costs to setting up as a sole trader when compared with other structures. Normally a sole trader will either have no, or very few, employees so do not have to worry about the legal obligations of employing staff.<p>Operating as a sole trader is not without its negatives though. Under the eyes of the law, the owner of a business operating as a sole trader and the business itself is not separate. This means that if your business encounters problems, you are responsible, as you have unlimited liability. So, any debts the business owes are ultimately coming out of your pocket. While working self-employed and running your own business can give you lots of freedom in decision making, it also means that you may often have to work unsociable hours and may have to save capital, or take out insurance in the event of illness. <p><b>Partnership</b><p>A partnership is when two or more persons come together to form a business, often people with differing skill sets that combined can help propel a business forward. Business owners of a partnership share both the profits and the liabilities of the company. Decision making may also be shared but it is critical to have a “deed contract” drawn up by a solicitor to outline all aspects of the partnership helping to avoid conflict further down the line. Some popular examples of partnerships include Warner Bros, Hewlett Packard and Microsoft. <p>Forming a company as a partnership allows people with different skills and personalities to contribute to a business and both profit from the results. This means that if one person is particularly good at logistics and administration then they can concentrate on that aspect of the business, whilst another could concentrate on sales and bringing in new business. Co-founding can also help to relieve some of the pressure that comes with being self employed, allowing you to take time off and know that the business remains in capable hands while you are gone. A partner may also allow extra capital to be introduced to the business and to share the burden of their unlimited liability. <p>However, the fact that, like a sole trader, you are both responsible for the company’s debts and liabilities, can often create hostility between partners who may question each other’s decision making when things go wrong. Conflicts can also arise over distribution of profits and other aspects of running the business which is why it is important to think carefully over the details of your original deed and to revisit it whenever necessary to keep everyone happy. Like a sole trader, you are also both required to submit a Self Assessment tax return to <a href="http://www.hmrc.gov.uk/sa/" target="_blank">HM Revenue & Customs</a> each year. <p><b>Limited Company</b><p>An alternative to sole-trader and partnership company structures is that of a limited company. A limited company is an organisation created to run your business, which exists in its own right and is separate from your own personal finances. <p>A limited company has benefits both in taxation and legal status and it can even allow you to win more clients. Becoming a limited company allows for the owners of a company to take home profits from the business at a reduced rate and dividends are not subjected to national insurance deductions. <p>Limited companies are run by directors and funded by shareholders, which could be the owners, employees or the general public. Opening up your company to outside shareholders allows for more capital to be raised, without the risk to your own personal finances. As the company has its own legal status, your own personal possessions and finances are protected from being used to pay off company debts. <p>Limited Companies are often viewed as more trustworthy than partnerships and sole traders and some suppliers and customers may even refuse to work with you if you are not registered as a limited company. One disadvantage of running a limited company is that there is a number of administration costs incurred when setting up and there may also be greater taxation and administration costs incurred too. <p>For many businesses just starting out setting up as a sole trader or a partnership in the beginning may well be the most effective route, as you can always transition into a limited company at a later date. However, this depends entirely on the nature of your business and your particular needs. <p>Here at Rollingsons we pride ourselves on building long-term relationships with our business clients, helping them through the process of setting up a business. If you wish to speak to one of our experienced employment law team and would like to arrange an initial consultation then please call us on 0207 7611 4848 to arrange an initial consultation, or <a href="http://www.rollingsons.co.uk/Employment-Law-Employer" target="_blank">click here</a> to read more about our team.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0tag:blogger.com,1999:blog-2065465987030345746.post-4306932665964526562016-09-06T14:28:00.000+01:002017-09-11T14:29:11.300+01:00What to do if a tenant defaults on their rental payment to you<p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjLaDZWQ-KOuW78r91A2aTadOx82-d-vHAADHGwA96j_s8bfIp0G67eupZQpWUenenlqI4ntrdyRIQJn0uLvPmOKS7JRet6M5_jDR1mIqQM3341CAzermHqd0Z1AKg65NjPHiuLTI50M-6u/s1600-h/pound-414418_640%255B5%255D"><img width="350" height="233" title="pound-414418_640" align="right" style="margin: 0px 0px 10px 10px; border: 0px currentcolor; border-image: none; float: right; display: inline; background-image: none;" alt="pound-414418_640" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg-j-bNXWRmPWMuIOnEyRx2vrLAnKBH-FcrhlsJ1LvyPbPoG3t7Gt59yhl5ch3ZDxFiYjJgY1XyQpK9UNCd4Jft7B-BOKp62Co7sJAShWbysvTBsAiLwhZI2-peLJqJjh6GdRa-N4EaAO-X/?imgmax=800" border="0"></a>As a landlord it can be incredibly frustrating when a tenant defaults on their rental payments. Unfortunately, it is one of the most common problems that landlords face yet many landlords have no contingency plans to deal with the situation when it happens. <p>The first thing to do is to take a step back and try to stay calm. Changing the locks on the house while your tenant is out or calling their mobile phone repeatedly is only going to frustrate the situation and potentially lead to claims of harassment. Instead, the best route is to accept what has happened and begin working on a solution. <a name='more'></a><p>If you have a good relationship with your tenant then you should call them to discuss the issue and leave a message, waiting for them to call you back if they do not answer. Try to be accommodating and look at ways that you can make it easy for them to complete their missed payment. <p>If your tenant is willing to communicate about the problem then you may be able to come to an arrangement whereby you create a payment plan, for example where they add an additional amount on to the end of each month’s payment until the defaulted payment is paid off. Alternatively you may be able to help them find support through services like the Citizens Advice Bureau or The Money Advice Service. At this stage mediation may also work, involving a solicitor to help you find a way forward where both parties are satisfied. <p>However, if after five days you have no contact from your tenant then you should send them a written letter explaining that they have defaulted and reminding them to make a payment. If after 14 days there is still no response or payment then you should contact them again, this time also contacting their guarantor if they have one. If after 21 days there is no response then you can begin to take legal action, involving a solicitor who will be able to inform your tenant of your intentions to take legal action if no payment is made. <p>At this point, you will need to either serve a Section 8 notice, which informs the court that you seek to regain possession of the property as the tenant is in breach of contract, or if your tenancy is almost over then it may be a more straight forward process to instead serve a Section 21 notice. <p>Here at Rollingsons our property litigation team has extensive experience acting for landlords in relation to all manner of property disputes. Contact us on 020 7611 4848 or visit our <a href="http://www.rollingsons.co.uk/Dispute-Resolution/Property-Litigation" target="_blank">property litigation page</a> for more information.Rollingsons Solicitors Ltdhttp://www.blogger.com/profile/13578569135872157863noreply@blogger.com0