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  • Additional Work is at Contracted Rate

    In the building industry it is normal for work to be needed to be done by contractors after the expiry of the original contract. Recently, a case came to court in which a company that had obtained work under tender for Brunel University...
  • Business Property Relief - More Traps for the Unwary

    Most business people know that for family businesses there are generous Inheritance Tax (IHT) reliefs, which generally operate to make assets used in the business exempt or partially exempt from IHT. The reliefs take various forms, but are collectively known...
  • Collecting Your Debts - a Brief Guide

    If a business cannot recover a debt from a customer after the normal credit control procedures are exhausted then it will need to consider taking further action to recover the sum due. Mediation with the debtor, involving negotiation through a third party,...
  • Company Formation Checklist

    You may have come across advertisements which make forming a company sound very easy, but before you go ahead there are some serious issues to think through. If you have decided that a company is the best vehicle for your new venture then here is a...
  • Considering Outsourcing

    These days more and more processes are being outsourced (run by external contractors under a service agreement) by more and more businesses. It is particularly common to outsource IT functions and telephone call management. Outsourcing can offer many...
  • Contractors Are Your Responsibility

    A handbook produced by the Health and Safety Executive (HSE) outlines the responsibilities of both the contractor and the client in situations in which work is carried out by contractors rather then employees. It does not apply to circumstances in which...
  • Directors Who Compete Face Court Wrath

    The courts have again shown that they will crack down on directors who put their own interests before their fiduciary duties as directors of the company, to the extent of causing it detriment. In the case of British Midland Tool Ltd. v Midland...
  • Directors' Duties Under the 2006 Companies Act

    The Companies Act 2006 was designed to modernise British company law, making it ‘fit for purpose’ for the 21 st Century. In particular, there are several changes which affect directors. As of 1 October 2007, the...
  • Email Received is Document Delivered

    A recent case in the Commercial Court has confirmed that the receipt of an email will be taken as delivery of the email even if it is not opened and read. Furthermore, delivery will be regarded as valid even if the email address is no longer used, if it has...
  • Email and Copyright

    Copyright is a right which exists without any specific steps having to be taken. It applies whenever there is a work created which contains original skill or labour. It applies to written material and that includes email, as a recent High Court...
  • Employee Fraud

    Fraud is estimated to cost the UK economy between £13 billion and £16 billion a year and fraud by employees accounts for sixty per cent of all frauds committed against business. In a study by Leicester University, over seventy per cent of...
  • Employee Fraud Update

    Employee fraud continues to rise -however,  the Fraud Act 2006, convictions for fraud are more easily obtained than they were under the predecessor legislation.   Under the old legislation, obtaining a conviction for fraud was...
  • Financial Fraud - What Not to Do!

    With recent surveys showing that instances of employee fraud are still on the increase, and HMRC showing regrettable lack of ability to safeguard personal data, eliminating poor security practices which make fraud easier is becoming even more important....
  • How To Do Strategic Review

    Most businesses have some sort of business plan, even if it is only or a few lines on one sheet of paper. Larger businesses may have a formal business plan, which charts out the expected development of the business over the next few years in a systematic and...
  • Intellectual Property: Who Owns It

    One of the biggest sources of disputes in industries based on innovation is a difference of opinion about who owns the intellectual property (IP) created in terms of designs, software, processes and systems. This is a general guide for...
  • Is Your Website Disability-Friendly?

    The British Standards Institution has published (at £30) new guidance on making sure that your website is disability-friendly. Under the Disability Discrimination Act , it is unlawful for a service provider to discriminate against a disabled person by...
  • It Wasn't in the Contract

    A common problem in contract disputes is that matters that create disagreement are sometimes not referred to specifically in the contract. However, as well as the express terms of a contract, there are also terms that are implied that is, they apply without...
  • Letters of Intent - Getting Them Right

    What Is a Letter of Intent? Letters of intent, commonly referred to as "heads of agreement", are used to indicate the terms under which two or more people intend to enter into a contractual relationship when doing business...
  • Loan Guarantee Scheme - How it Works

    1 December 2005 saw a relaxation of the rules for qualification for the Government’s Small Firm Loan Guarantee scheme (SFLG), aimed at giving further assistance to small- and medium-sized firms in overcoming obstacles to obtaining finance. ...
  • Money Laundering Regulations

    Money laundering is the process by which criminals turn their 'dirty' income – which is usually earned in cash – into 'clean' money, by undertaking transactions which hide the original source of the cash and/or turn the cash into 'legitimate...
  • New Contract, New Danger

    Every business needs customers, but every customer, especially a new one, represents a risk to your business. It is a very serious issue but there are many things you can do to make sure that you increase your chances of getting paid. Clearly,...
  • Outsourcing the Processing of Personal Information - Guidance

    The Information Commissioner’s Office has issued a good practice note giving guidance on how to comply with the Data Protection Act 1998 (DPA) when you outsource the processing of personal information, such as your payroll function or customer mailing...
  • Real Estate Investment Trusts

    The Government recently published its draft legislation on Real Estate Investment Trusts (REITs), which will be companies listed on the stock exchange which carry out a ‘qualifying property letting business’. Already, in his latest budget, the...
  • Remedies for Breach of Contract

    Having the right contract is always a good idea, but no matter how much protection it offers, no contract can prevent a breach of contract by the other party. If you enter into a contract and it is breached, there are several possible remedies available to...
  • Retirement Planning and Your Business

    It is arguable that the whole point of any business should be to enable the owners to retire when they want and with the lifestyle they want on retirement. Of course, enjoying it as you go along is a good idea too, but retirement comes to most of us...