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How long will I lose my licence for if convicted of drink driving? By : Maksiv Konta Driving or attempting to drive when unfit through drugs or alcohol (commonly referred to as ‘drink driving’) is an offence under s4(1) of the Road Traffic Act 1988. If you have been charged with this offence it is important to seek legal advice from a specialist solicitor. This offence carries a mandatory disqualification (i.e. you lose your licence – subject to limited exceptions) from driving for a minimum of 12 months. If the offender has within the previous 10 years been convicted of any of the following offences: Does drink driving carry a prison sentence? By : Maksiv Konta Drink driving offences do carry prison sentences. For example, if you have been convicted of driving while unfit through drink or drugs you could face imprisonment for up to 6 months. If you have been convicted of causing death by careless driving under the influence of drink or drugs you could face imprisonment for up to 14 years. As you can see, the length of the prison sentence will depend on the severity of the offence committed. Why are contingency fees controversial? By : Maksiv Konta Contingency fees are a type of fee levied by no-win, no-fee lawyers under conditional-fee agreements. They are usually levied for personal injury claims, medical negligence claims and employment claims, although they are also seen in some civil and commercial litigation claims. The way they are calculated is as a percentage of the net winnings received by the client in the event of a successful outcome. This differs from conditional-fee agreements which charge 'success fees' as a percentage of the no-win, no-fee lawyer's ordinary legal fees, rather than being calculated in accordance with the client's winnings. What are contingency fees? By : Maksiv Konta Contingency fees are a type of fee charged by no-win, no-fee lawyers. They are no longer charged in the UK after being made unlawful under the common law and Solicitors' Practice Rules. However, they are still charged in the USA and some other jurisdictions. The recent Jackson report has recommended their reintroduction in the UK. Contingency fees are fees charged as a percentage of the client's winnings. They are only charged if the case is successful. A 'successful' outcome will normally be defined in the contingency-fee agreement which is the costs agreement that sets out the terms and conditions of the billing arrangement. Is it easy to make a no-win, no-fee personal injury claim? By : Maksiv Konta To say that making a personal injury claim is an easy thing would be unrealistic. However, by having competent legal representation and using a no-win, no-fee personal injury claim solicitor, much of the stress can be taken out of making a personal injury claim. Whilst there is no legal requirement to be legally represented in a personal injury claim, not to do so would be to seriously disadvantage yourself and your claim's prospects for success. Unfortunately, legal aid funding for personal injury claims was removed by the UK government several years ago. Is it difficult to make a no-win, no-fee personal injury claim? By : Maksiv Konta Personal injury claims are typically fairly complex claims. That is not to say that they are difficult claims – if you have competent legal representation and enough time to prepare your claim, then if your claim is strong it will not be difficult to make a no-win, no-fee personal injury claim. However, if you come up against very good legal representation for the defendant or their insurer, your personal injury claim can become that much more difficult. Using a no-win, no-fee personal injury claim solicitor takes at least part of the stress out of making a personal injury claim. Using a no-win, no-fee personal injury claim solicitor means that you are sharing some of the legal and financial risk with your solicitor. Is it better to use a solicitor or a personal injury claim company? By : Maksiv Konta If you have a personal injury claim and you are looking for assistance, you could choose either to consult a personal injury solicitor or a personal injury claim company. Personal injury claim companies operate quite differently to using a personal injury solicitor. Personal injury claim companies will usually charge you an initial fee, after which they offer you a no-win, no-fee agreement. Solicitors can offer this same billing method, although they will usually call their initial fee a 'risk-assessment' fee. How much does a personal injury claim solicitor charge? By : Maksiv Konta With a relaxation of the rules on advertising for personal injury claim solicitors, it can be difficult to know how to choose a good personal injury claim solicitor with so many firms to choose from. Almost all personal injury claim solicitors advertise their services 'free' or 'no-win, no-fee'. However, there are still some personal injury claim solicitors who offer their services on a regular billing hourly method. It is up to you which method of funding you would like to choose. Does no-win, no-fee actually mean I don't have to pay anything for my claim? By : Maksiv Konta The term 'no-win, no-fee' can be slightly misleading when used in advertisements by no-win, no-fee lawyers. A more accurate way of describing no-win, no-fee legal services is to say that if you don't win your case, you will not have to pay your lawyer's legal fees. This does not, however, mean that your claim is free of all costs. There are various other costs other than a no-win, no-fee lawyer's legal fees that need to be taken into account. NTA Amends Transfer Pricing Guidelines-00-3861 By : 4Ps Marketing The National Tax Agency has amended its transfer pricing guidelines to issue to its transfer pricing examiners concerning the implementation of Japan's new transfer pricing documentation rules as well as examinations of transactions involving joint venture companies. Do no-win, no-fee solicitors take on personal injury claims? By : Maksiv Konta The legal services industry was deregulated to some extent several years ago to allow no-win, no-fee solicitors to offer their services in a broad range of legal matters. Previously, legal aid funding covered many more types of legal matters. However, with the widespread cutting of legal aid, no-win, no-fee solicitors have filled the gap in legal services for many UK citizens. Do no-win, no-fee injury claims require some upfront payments? By : Maksiv Konta Almost all personal injury claims are now taken on by no-win, no-fee lawyers. This is because personal injury claims are more often than not very complex, expensive claims. Most plaintiffs do not have the money to lay out high initial costs for legal advice. This is where no-win, no-fee lawyers come in, offering their services for free until the outcome of the case is known. The no-win, no-fee lawyer shares the risk involved in the claim and therefore is compensated by the payment of 'success fees' on top of their normal fees if they win the case. Do no-win, no-fee arrangements have hidden costs? By : Maksiv Konta No-win, no-fee arrangements are a way in which no-win, no-fee lawyers offer their services to clients. They are commonly used in personal injury claims and medical negligence claims but they are also used in broader areas of law including employment law, civil law and even some types of commercial law claims. A no-win, no-fee arrangement is governed by a no-win, no-fee agreement or Conditional Fee Agreement (CFA). A CFA is a type of costs agreement. Do I need to pay my personal injury claim solicitor a success fee? By : Maksiv Konta Personal injury claim solicitors represent clients who have sustained an injury and have a right to claim compensation. Personal injury claim solicitors offer their services without asking for payment of their legal fees until the case is won. If the case is won the solicitor will then have a right for their legal fees to be paid in accordance with the Conditional Fee Agreement (CFA). Do I need legal advice to make a personal injury claim online? By : Maksiv Konta Personal injury claims online are a fairly new phenomenon. Regulations have only been relaxed in the past decade to allow claims management companies to enter into the legal services market. Claims management companies are generally the services who offer personal injury claims online. It is important to note that they are very unlikely to be personal injury lawyers connected to a law firm. This is an important difference: personal injury lawyers have undergone a great deal of specialist training in order to have their qualifications to practice in civil law. They will have a certain minimum level of personal injury claims experience. And, it is possible to easily check their credentials: you can check that they have a current practising certificate and whether they are specially accredited under a Law Society specialist accreditation scheme or with the Association of Personal Injury Lawyers. Do I need a personal injury claim solicitor? By : Maksiv Konta If you have been injured in an accident that was not your fault you may be able to claim compensation. Compensation can be claimed to cover the pain and suffering you have gone through due to your accident. Compensation can also cover your medical expenses and other financial losses due to the accident, even including your loss of income now and into the future. Can personal injury claims be settled out of court? By : Maksiv Konta Personal injury claims can be settled out of court and a large proportion of them are. Some claims are settled ‘pre issue’, i.e. before court proceedings have been commenced. Other claims are settled post-issue but prior to the case reaching court. Personal injury solicitors are encouraged to make offers to settle claims and try to negotiate out of court settlements. Indeed, central to the Civil Justice Reforms was the focus on promoting and facilitating ways to settle claims outside of court in order to reduce the strain on the court system. Can I use a no-win, no-fee solicitor for an injury obtained in a car accident? By : Maksiv Konta If you have obtained an injury in a car accident, you may be able to claim compensation. If you are insured, your first port of call will likely be your insurance company. However, if you are uninsured, or if you would prefer not to go through your insurer, you can use a personal injury solicitor. There may be greater financial benefits for you using a no-win, no-fee solicitor than going through your insurance company. Insurance companies generally hike up the cost of your future premiums if you make a claim and may charge you an excess at the outset. You may also like the greater degree of control you have over your claim by using a personal injury solicitor. Can a no-win, no-fee solicitor help me with my personal injury claim? By : Maksiv Konta Yes, a no win, no fee solicitor can help you with your personal injury claim. There are a number of things that a solicitor can assist you with if you choose to bring a personal injury claim. Firstly, you will need to get the defendant to admit liability. The likelihood and chances of the defendant admitting liability will obviously depend on the type of personal injury action being brought and the merits of the claim. Are no-win, no-fee solicitors regulated? By : Maksiv Konta Yes, all no win, no fee solicitors are regulated. All solicitors’ firms or companies in England and Wales, irrespective of what areas of law they specialise in, or what funding options they offer their clients are regulated by the Solicitors Regulation Authority. The SRA are an independent regulatory body of the Law Society of England and Wales and also regulate European lawyers and registered foreign lawyers. Are no-win, no-fee personal injury claims heard in court? By : Maksiv Konta Personal injury claims can be heard in court. Personal injury litigation is a type of civil litigation and if the case reaches a trial then it will be heard in a civil court. Depending on the complexities of the case and the financial value, the personal injury claim will be heard in a county court or a high court. Will the UK introduce franchising laws? By : Maksiv Konta To say there are no franchising laws in the UK is a misleading statement; there are solicitors that specialise entirely in the law as it applies to franchises. Despite this, there is no specific legislation that applies solely to franchises in the UK. Franchise law is largely based on the franchise agreement; the reason there are specialist franchise solicitors is that the terms that should be included in a franchise agreement are really quite specific, in addition the disputes that can arise out of franchises require specialist representation, and therefore it is preferable to have an expert in franchise law to assist those involved in franchises. Company and commercial solicitors are able to offer this expertise to those involved in the franchise industry. Which do I need to worry about: European trade laws or international trade laws? By : Maksiv Konta If you wish to trade internationally, then you will need to instruct an international trade solicitor to help you with drafting contracts, complying with international trade regulations, and resolving disputes. While your own research can give you some helpful hints, if you are serious about trading internationally, then you need to instruct a professional international trade solicitor, as the law in this area can be very complicated. When should my company use a company and commercial solicitor? By : Maksiv Konta Any person instructing a solicitor should instruct someone who specialises in the relevant area of law. The law is a massive subject and even the greatest legal minds cannot be expected to have an in depth knowledge of every area of law; as a result solicitors will usually specialise in one or two areas of law, although in rural areas solicitors may practice in more areas. When must businesses submit documents to Companies House? By : Maksiv Konta In the UK it is a legal requirement for registered businesses to submit documentation to Companies House in order to keep the national register up to date. Company directors are responsible for ensuring that accurate documentation arrives at the correct time to avoid significant fines and in some circumstances, criminal liability. When can your business impose interest on outstanding accounts? By : Maksiv Konta Charging the other party interest on accounts which are past due is a good way to ensure prompt payments. There are several different scenarios in law where such a charge is permitted. The first distinction should be made between a contract which includes a clause specifying that interest will be due (an express clause contract) and one in which such a clause is not included (an implied clause contract). The former must satisfy two key conditions in order to be enforceable; the interest must be adequately defined, and the rate must be reasonable. What must a director do if they have a conflict of interests? By : Maksiv Konta The laws relating to company directors and conflicts of interest are contained in the newly implemented Companies Act 2006. The Act was introduced over a three year period, finishing in October 2009 and aimed to consolidate the previous Companies Act 1985 with case law which had built up in the intervening years. If you are a director and believe you have a potential or actual conflict of interest, you should take legal advice from a company solicitor at the earliest opportunity. What licences might a catering business require? By : Maksiv Konta If you are starting up a catering business, or taking over an existing business, it is important to be familiar with the laws that govern the catering industry, the people who work in the business, and the premises in which you are preparing, selling or serving food. A specialist solicitor can provide you with legal advice on these points. What is the 'corporate veil'? By : Maksiv Konta In UK law a company is considered a legal entity in its own right, and is capable of making decisions and being punished where it falls foul of company law. For this reason, companies often employ or engage a solicitor to ensure that they remain informed of the latest changes to company law and to ensure that decisions taken do not expose the company to increased liability. Company secretaries are often solicitors or accountants with special knowledge who are able to give legal advice on matters of company law. What is Companies House and what do they do? By : Maksiv Konta The UK has operated a central register of companies for over 150 years. Companies House is the UK government agency responsible for the maintenance of this register, and in this role receives all new applications for company registrations in the UK from their Head Office in Cardiff. Scotland and Northern Ireland both have their own offices handling the registration of companies within their individual territories, but these are all fed into the single company register operated by Companies House. What is an AGM? By : Maksiv Konta An Annual General Meeting is a meeting of company directors, shareholders and other interested parties which convenes each year. Under new company rules set out in the Companies Act 2006, it is no longer a legal requirement for a private company to have an AGM. A private company can however opt to hold an AGM, and a small percentage of shareholders can require one to be held if they wish. This new law does not apply if a company’s constitution requires it to hold an Annual General Meeting and Public Limited Companies are still obliged to hold an AGM under the new legislation. What corporate governance issues can a commercial lawyer help me with? By : Maksiv Konta Corporate governance refers to the systems by which corporations are directed and controlled. It includes not only legislation on the issue, including obligations stemming from the Companies Act 2006, but also the company's processes, customs and policies. A commercial lawyer can help with the full range of corporate governance issues. Some commercial lawyers specialise in corporate governance issues, but all commercial lawyers will be competent at dealing with specific corporate governance issues. What changes did the Companies Act 2006 introduce? By : Maksiv Konta The Companies Act 2006 is the primary source of company law in the UK, and was introduced over a three year period, with the final laws coming into force in October 2009. The Act was designed to consolidate existing laws including the Companies Act 1985 which it replaced, as well as various changes which had been made by the courts over the past 15 years. Your company or commercial solicitor will be able to provide you with legal advice on the impact this legislation can have on your business. What are the advantages and disadvantages of different business structures? By : Maksiv Konta There are four different business structures commonly used in the UK. These are the sole trader, private limited company, public limited company, and partnership. The main difference between these four structures is the level of risk protection they offer.The least amount of protection is offered to a sole trader. In this structure the business and the person running it are one and the same. Any business transaction is therefore equal to a transaction with the individual. This is highly risky in industries where liability is a common concern. Title: How do overseas companies set up operations in the UK? By : Maksiv Konta An overseas company wishing to set up an operation in the UK has several different ways of doing so. However, the most likely and by far the most common way for overseas companies to enter the UK market is through the setting up of a UK company, which is owned by the overseas parent company. A company solicitor based in the UK can assist an overseas company with setting up a UK subsidiary company. How do I get limited liability? By : Maksiv Konta In the UK, it is possible for you to operate a business using a variety of different legal entities. As well as operating as a sole trader or unlimited company, it is possible to register as a private limited company, a limited liability partnership (LLP), or a public limited company (PLC). Your solicitor will be able to advise you on the most appropriate form for your business needs. Does the Companies Act 2006 set out a Director's duties? By : Maksiv Konta The Companies Act 2006 is the primary legislation covering company law in the UK today. It was introduced over a three year period ending in October 2009, consolidating and modernising the Companies Act 1985 with many of the legal principles established in court cases over the previous years. The Companies Act 2006 sets out the main duties which a Director of a UK company must execute in order to remain within UK law. Your company solicitor will be aware of these duties and should be the first port of call in the event of any uncertainty or dispute. What are the requirements for a valid marriage? By : Maksiv Konta There are a number of requirements for a marriage to be considered valid in UK law. Only a man and a woman can legally marry, and both parties must be over the age of 16. They must also be free to marry, that is not married or in a civil partnership with anyone else. If you are 16 or 17 years old you must gain the consent of those who have parental responsibility over you. Transsexuals must have their acquired sexuality on their birth certificate to legally marry someone of the opposite sex. The law on marriage is complex, so if you are in any doubt, consult your family solicitor for advice. What are the reasons for which a marriage can be voidable? By : Maksiv Konta A voidable marriage is one that can be annulled following an application to the courts, normally made by an experienced family law solicitor. Aside from divorce and death, annulment is the only other way that a marriage can be legally ended in UK law. A marriage is considered annulled after the granting of a decree of nullity by a court. What are the reasons for which a marriage can be void? By : Maksiv Konta Aside from divorce or death, the only way for a marriage to de dissolved in England and Wales is if it is annulled. Annulment or nullity is granted by the court in situations where the marriage was considered either void or voidable. Family law solicitors practice divorce law and should be appointed in all cases where a marriage may be annulled. What are the main points to know about UK divorce law? By : Maksiv Konta The first key point to know about UK divorce law is that it is not consistent across the UK. The law of England and Wales is quite different to that in Scotland, and whilst there are some parallels it is worth noting the laws of each separately. In both territories, the law is practiced by family law solicitors. What are the advantages of using a solicitor for my divorce? By : Maksiv Konta Divorce is by its very nature a difficult time for both sides. Save in the rare case where both sides agree 100% on a fair outcome, divorce proceedings are normally a negotiation on the most important elements of a couple’s life: their home, possessions, assets and children. Making the right decisions is made harder because often divorce is conducted at a difficult emotional time, when neither party is perhaps ready to look to the future. Is there a time period after which cohabiting couples can make a claim on their partner's finances? By : Maksiv Konta Cohabiting couples in England and Wales currently enjoy relatively few legal rights compared to married couples and couple in civil partnerships. Despite calls for reform, there have been relatively few changes to these laws, although changes have been made for cohabiting couples in Scotland. Cohabiting law is currently dealt with by family law solicitors, with civil claims made in the appropriate civil court. Is the UK bringing in laws to protect cohabiting couples? By : Maksiv Konta Despite widespread belief to the contrary, under current English law there is no real provision of rights for cohabiting couples. This is contrary to the situation in Scotland, where cohabiting couples have enjoyed some limited legal protection since 2006. The English system does make some minor allowances for cohabiting couples in relation to tax and benefits. However, in the main areas of housing, inheritance and the provision of care for children, there can be no question that cohabiting couples are at a disadvantage when compared to married couples. Is family mediation voluntary? By : Maksiv Konta Family mediation in divorce proceedings is growing in popularity in the UK after enjoying broad use in the United States. At present there is no legal requirement for any couple to attend mediation as part of their divorce or separation proceedings. Legally, married couples are free to pursue their own routes to ending a relationship, but obtaining a divorce requires the involvement of a court who must declare the decree absolute to officially end a marriage. If you use family mediation will this be legally binding? By : Maksiv Konta Family mediation is an increasingly popular option recommended by divorce lawyers and family law solicitors in cases of divorce or relationship termination. Divorce in England and Wales can be a costly affair, especially if the parties to the divorce cannot agree on an appropriate way for the relationship to end. Disputes over the grounds for divorce, the split of assets and the ongoing care of children end up being heard in courts, with the associated legal costs increasing as the case goes on. If you have a child with your cohabiting partner do you automatically have parental responsibility? By : Maksiv Konta It is a common misconception that cohabiting couples in England and Wales automatically acquire the same rights as those that are married or in a civil partnership. This is not the case, and cohabiting couples should always be aware of their rights and the potential outcomes should they split. A family law solicitor will be able to explain the rules governing the break-up of cohabiting partners, which take on additional significance in relationships with children. If you cease cohabiting with your partner are there legal considerations? By : Maksiv Konta Cohabitation is one of the most popular living arrangements in the UK today, with estimates suggesting that as many as 4 million people in the UK currently live together outside of a marriage or civil partnership. It is a common misconception that by living together couples can acquire the same rights as married couples in law. There are some situations regarding tax and benefits where cohabiting couples are not treated differently but in the main they are not treated the same as married couples, and this is true especially when cohabiting couples split up. If you have a child with your cohabiting partner do you automatically have parental responsibility? By : Maksiv Konta It is a common misconception that cohabiting couples in England and Wales automatically acquire the same rights as those that are married or in a civil partnership. This is not the case, and cohabiting couples should always be aware of their rights and the potential outcomes should they split. A family law solicitor will be able to explain the rules governing the break-up of cohabiting partners, which take on additional significance in relationships with children. If you cease cohabiting with your partner are there legal considerations? By : Maksiv Konta Cohabitation is one of the most popular living arrangements in the UK today, with estimates suggesting that as many as 4 million people in the UK currently live together outside of a marriage or civil partnership. It is a common misconception that by living together couples can acquire the same rights as married couples in law. There are some situations regarding tax and benefits where cohabiting couples are not treated differently but in the main they are not treated the same as married couples, and this is true especially when cohabiting couples split up. If family mediation is not working for you can you apply to court instead? By : Maksiv Konta In England and Wales it is common practice for both parties in a divorce to appoint legal representation in the form of an experienced family law solicitor of divorce lawyer. In most cases that lawyer will act on behalf of each party in the marriage, preparing the petition and in the case of the respondent, providing divorce advice on the best way to approach the answer. How much do family law solicitors charge to complete a divorce? By : Maksiv Konta The cost of divorce in England and Wales can be broken down helpfully into court costs and those chargeable to legal representatives such as family law solicitors or divorce lawyers. The costs owed to the court are fairly predictable in most legal cases, whilst the costs paid to solicitors can vary considerably. Who is liable for accidents in a company car? By : Maksiv Konta If you have a fleet of cars that your employees use on a regular basis, as their employer, you have a duty of care under employment law to ensure they are safe when using any of these vehicles. As your company owns these vehicles, it is your responsibility to make sure your employees have all the skills and training they need to safely use the vehicle they are driving. Failure to do so could constitute negligence and could open your business up to claims for compensation by the injured party. Who are the different officers in a company? By : Maksiv Konta A ‘company’ has a special definition in business and it only applies to those enterprises that have incorporated by registering with Companies House. These businesses are usually limited companies or limited liability partnerships. In a company, the roles of the people that run the business are specifically defined and they have independent responsibilities they must fulfill to fully comply with the Companies Act 2006. Which do I need to worry about - European trade laws or international trade laws? By : Maksiv Konta As international trade has developed, so has the legal framework that supports it. Whether your business needs to understand European business law, or the wider international trade legislation that exists, will depend on where your business is based, what type of goods your business sells, and where your customers are located. An international trade solicitor can be invaluable, as they can advise you on the complex nature of European and international trade law. The UK is a Member State of the EU (European Union) and is bound by its directives, many of which are now ratified into English law. If your business trades with other Member States, your focus will initially be to comply with all the relevant trade laws and regulations affecting the EU. Your secondary consideration will then be if your trading is impacted in any way by international trade law. When should your business use a commercial barrister? By : Maksiv Konta Barristers are better known for their work in the criminal court but a commercial barrister can be highly useful in business as well. A commercial barrister who is engaged by a company can perform a number of services. These services can include representing your interests in any cases that come before the High Court, County Court or any tribunals. When can your business impose interest on outstanding accounts? By : Maksiv Konta When your business sells goods or services to a customer a contract is formed. One of the most important aspects of that contract is the payment terms. If your business sells on credit to its customers, you will issue invoices. Your terms and conditions should state when all outstanding invoices should be settled. Your commercial solicitor can help your business draft its terms and conditions to ensure all the necessary information is included. When can the police pull you over for a breath test? By : Maksiv Konta In the UK it is a criminal offence to drive or be in charge of a motor vehicle if you have consumed alcohol above the legal alcohol limit. The legal alcohol limit in the UK is 35 micrograms of alcohol per 100 ml of breath, or 80 milligrams per 100 ml of blood. The police will ask for a roadside breath sample and if positive will then ask for a blood or urine sample at the station. If you are stopped and charged, consult a criminal solicitor immediately. You are entitled to refuse to give samples. What workplace policies should an employer draw up? By : Maksiv Konta The workplace policies that you draw up for your business will depend on the type of company you operate. However some policies are mandatory under statutory employment law. For example, you are required to have a health and safety policy. Your business must perform a risk assessment to identify any hazards that could affect your employees. It is also generally accepted that your business should have a policy regarding grievances and complaints. Legal advice from an employment law solicitor can be a great help when creating your workplace policies. What special requirements must a public company meet? By : Maksiv Konta If your limited company or limited liability partnership has grown and you want to dramatically expand your business, or perhaps raise large amounts of capital, one way in which you can do this is by floating your business on the Stock Exchange. This is commonly known as ‘going public’. Public companies are usually identified by the suffix ‘plc’ after their names. The process of becoming a public company is complex, as you will have to comply with Listing Rules, the Prospectus Rules and the Companies Act 2006. Therefore it is highly important to obtain legal advice from a company and commercial solicitor to help you with this process. What should you know about rent review clauses in commercial leases? By : Maksiv Konta When your business initially agreed your commercial lease, the rent your business had to pay was clearly stated in the lease agreement. Most commercial leases will also have a clause that allows for a review of your rent usually within three to five-year periods. The rent your business is paying will always be reviewed at set times to ensure it is still a true reflection of the market value your landlord places on the building. Your lease will give details of what type of rent review will take place, as there are a number of approaches that could be taken. What should you know about commercial lease surrenders? By : Maksiv Konta Surrendering or terminating your commercial lease must be approached carefully to avoid any punitive costs. Landlords write their leases to lock in their tenants to as long a lease as possible. Your commercial property solicitor should carefully assess the terms of your commercial lease to ensure you fully understand the circumstances under which you could surrender your lease. Debt Settlement Tax. What Is It? By : Kelly Phillips Debt settlement is often a viable option for many people getting free from debt once and for all. Like everything however, there may be a snare. But do not let the menace of the debt settlement tax stop you from researching settlement. It is possibly a solution for you. What should you know about service charge clauses in commercial leases? By : Maksiv Konta The main piece of legislation to be aware of that governs the service charges contained to your commercial lease is the Landlord and Tenants Act 1985. It is important to ensure you fully understand the terms of any service charge your business has to pay. These elements of commercial leases are often the most contentious and can lead to bitter disputes between landlords and their tenants. Therefore it is highly important to obtain legal advice from a commercial property solicitor when negotiating the terms of you commercial lease before you sign it. What should you know about rent review clauses in commercial leases? By : Maksiv Konta When your business initially agreed your commercial lease, the rent your business had to pay was clearly stated in the lease agreement. Most commercial leases will also have a clause that allows for a review of your rent usually within three to five-year periods. The rent your business is paying will always be reviewed at set times to ensure it is still a true reflection of the market value your landlord places on the building. Your lease will give details of what type of rent review will take place, as there are a number of approaches that could be taken. What should you know about commercial lease surrenders? By : Maksiv Konta Surrendering or terminating your commercial lease must be approached carefully to avoid any punitive costs. Landlords write their leases to lock in their tenants to as long a lease as possible. Your commercial property solicitor should carefully assess the terms of your commercial lease to ensure you fully understand the circumstances under which you could surrender your lease. What should you know about alterations clauses in commercial leases? By : Maksiv Konta Few commercial properties will meet your precise needs without some form of alteration. The negotiations you begin with the landlord about the premises you want to lease,should include what changes you want to make to the building, and also who will pay for this work to be carried out. It is highly advisable to use a commercial property solicitor when negotiating with a commercial landlord. What rights do shareholders have to dividends? By : Maksiv Konta The people that have bought shares in a company are the owners of that company. The more shares they own, the higher the dividend they can expect to be paid. The board that runs the company you have shares in will assess your company’s performance, usually on an annual basis, and decide how much of the profit that the business made can be paid in dividends to the shareholders. Sometimes a company will report and pay a dividend at half-yearly intervals (called interim payments) if this is possible. What rights do shareholders have to access information? By : Maksiv Konta As a shareholder in your company you generally have the right to be kept informed about all aspects of your company However, in practice the level of control and how much access you have to information will be directly related to how many shares you own. A company solicitor can provide you with legal advice regarding the number of shares you own and the information you are entitled to access. What remedies are available for breach of a commercial contract? By : Maksiv Konta When you sign a commercial contract with one or more parties you are agreeing to deliver goods of a certain specification, or services, at a specific time and date. If you break a term of a contract, you could find that the other party will bring litigation against your business for damages. If this occurs, you should obtain legal advice from a commercial solicitor. What is the WTO General Agreement on Trade in Services? By : Maksiv Konta The WTO (World Trade Organisation) was created to foster close trading relationships between its members and to develop international trade law. This has been achieved by a number of directives including the General Agreement on Trade in Services (GATS) that was signed during the Uruguay Round of trade negotiations in 1995. The basis of GATS was to use the success that the GATT (General Agreement on Tariffs and Trade) bought to the trade in goods and apply it to the service sector as well. All states that have joined the WTO have also ratified the GATS agreement. If you are not sure of the precise practical implications of GATS on your enterprise, legal advice from an international trade solicitor can clarify your position. What is the significance of a company's terms and conditions? By : Maksiv Konta If you are in business and sell goods or services to the public or another business, you are in effect entering into a contract with every sale. Your business agrees to sell the purchaser the service or goods at an agreed price with a number of conditions. These conditions are your terms and conditions of sale. Having written terms and conditions is important especially if your business enters into a dispute with a customer. Some businesses sell their goods with little more than informal verbal arrangements such as market traders, but most businesses ought to have detailed terms and conditions they can refer to if they have to defend themselves in court. If you require legal advice on the terms and conditions you should include in your sale contracts, contact a commercial solicitor as soon as possible. What is the role of Fair Trading standards? By : Maksiv Konta There are a number of laws that protect the public from unfair traders. The main pieces of legislation to be aware of include the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection Misleading Regulations 2008 that have replaced the Trade Descriptions Act. Fair trading is monitored and enforced by the Trading Standards Institute (TSI). If you have any queries about the regulations your business must comply with, the TSI can help you clarify your particular circumstances. A commercial solicitor can also be a great asset to have available when dealing with fair trading issues. What is the process for buying commercial property? By : Maksiv Konta Buying commercial property is a similar process to purchasing a domestic home. Commercial property, however, requires some additional steps that include health and safety provisions, and also extra insurance measures in place to cover the commercial property. Many estate agents that primarily sell domestic properties will have some commercial premises on their books. Some of the larger estate agents also have a commercial property department, with others specialising in just commercial premises. What are the penalties for drink driving? By : Maksiv Konta Drink driving is a serious offence. In the UK if you are caught driving whilst over the legal alcohol limit you can be charged with an offence. You can also be guilty of an offence if you are deemed in charge of a vehicle whilst over the legal alcohol limit. For the purposes of the legislation, being in charge will depend on the exact circumstances but could include situations where you have just driven, are attempting to gain entry or even on your way to your car with the keys and deemed about to commit an offence. Is drink driving illegal? By : Maksiv Konta In the UK it is illegal to drive whilst over the legal alcohol limit. It is also illegal to be deemed in charge of a vehicle whilst over the legal alcohol limit. For the purposes of the law, being in charge can include situations where you are in or on your way to your vehicle, with the keys, in a situation where the police believe you are about to commit an offence. How long will I lose my licence for if convicted of drink driving? By : Maksiv Konta If the police suspect you are driving, or about to drive, under the influence of alcohol, they may stop you and ask for a sample of breath. It is an offence in the UK to drive whilst over the legal alcohol limit. It is also an offence to be in charge of a vehicle whilst over the legal alcohol limit. Drink driving limits under the law By : Maksiv Konta Drink driving is a criminal offence in UK law, punishable with a fine and a ban from driving, as well as a prison sentence in some circumstances. The law permits driving with a certain amount of alcohol in your body, as defined by the legal alcohol limits. Driving, or even being in charge of a vehicle when the amount of alcohol exceeds these limits is an offence. If you are charged with an offence under the drink driving legislation then you should consult a criminal solicitor. Drink driving and the law By : Maksiv Konta In the UK it is a criminal offence to drive whilst under the influence of alcohol. Contrary to popular belief, it is also an offence to attempt to drive or be deemed in charge of a vehicle whilst under the influence of alcohol. The term under the influence refers to a measure of alcohol content in your body, as defined by the legal alcohol limit. In the UK, the blood alcohol 35 micrograms of alcohol per 100 ml of breath, or 80 milligrams of alcohol per 100 ml of blood. Do I need legal advice if I've been caught drink driving? By : Maksiv Konta If you are arrested by the police for a drink-driving offence then you should consult your solicitor and take legal advice at the earliest opportunity. Drink-driving offences are serious, carrying a maximum sentence of a £5000 fine and up to 6 months in prison, as well as a ban from driving which can be above the mandatory 12 month imposed for a first offence. Do I have to give a blood sample if I've been stopped for drink driving? By : Maksiv Konta If the police suspect that you are driving or are about to drive a motor vehicle under the influence of alcohol then the law permits them to stop you. If you have been charged with a drink-driving offence, you should take legal advice from your solicitor immediately. It is standard police procedure to request a drink driving test if they have grounds to believe you have been involved in a road traffic accident. You are not obliged to participate but it is an offence if you refuse to do so. Your solicitor will be able to best advise you on what to do in these circumstances. Y What is a risk assessment fee? By : Maksiv Konta In England and Wales, legal services are sometimes available to you the claimant, on a no-win, no-fee basis. This is also known as a Conditional Fee Arrangement and is available on a number of different types of claim including accidents and personal injury as well as professional and medical negligence and many others. What are contingency fees? By : Maksiv Konta Contingency fees are a form of legal services in which a no-win, no-fee solicitor agrees to only accept payment from their client in the event that their case is successful. Payment of contingency fees is taken directly from the compensation awarded to the successful claimant. Is there a personal injury accreditation scheme? By : Maksiv Konta In England and Wales the services of personal injury solicitors are monitored by the Law Society that has operated the accreditation scheme for solicitors specialising in the field of personal injury since July 2009. The same scheme was previously run by the Solicitors Regulatory Authority. Is it free to use a no-win, no-fee lawyer? By : Maksiv Konta No-win, no-fee legal services, or Conditional Fee Arrangements, were introduced in England and Wales in 1995 to allow individuals the opportunity to pursue legal claims without the fear of incurring large costs if unsuccessful. Since then, no-win, no-fee solicitors have been able to offer services for a wide range of disputes including accidents, personal bodily injury and professional negligence claims. If you have been in an accident that was not your fault, or suffered loss of bodily injury as a result of the negligence of another you could have a claim for compensation in law. Can I pursue a personal injury claim for free? By : Maksiv Konta In England and Wales it is possible to make a claim in personal injury law as long as your bodily injuries were a result of the negligence or deliberate harm of another. If you have suffered a bodily injury then you should seek legal advice from a specialist personal injury solicitor who can review your case to determine if you have a compensation claim. When must businesses submit documents to Companies House? By : Maksiv Konta There are various duties for businesses of all sizes to submit accounts and reports to Companies House. These duties are set out in several pieces of legislation, including: - The Companies Act 2006 (Annual Return and Service Addresses) Regulations 2008 - The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 - The Small Companies and Groups (Accounts and Directors’ Report) Regulations 2008 - The Partnerships (Accounts) Regulations 2008 What must a director do if they have a conflict of interests? By : Maksiv Konta A director’s duty to avoid conflicts of interests was established under the common law and later contained in the Companies Act 2006. The Companies Act 2006 is the major piece of legislation governing company law and directors’ duties. The Act sets out directors’ duties in substantially the same form as existed under the common law, but with some differences. The case law still remains relevant in interpreting these duties, including the duty to avoid conflicts of interest. What is the 'corporate veil'? By : Maksiv Konta The ‘corporate veil’ is a principle of UK company law that says that a company is a separate legal entity from its shareholders and members. Whilst this may sound like a simple principle, it has significant consequences for company law and the respective liability of the company and its officers under the legal system. The fundamental implication of the principle is linked to the principle of ‘limited liability’ in that the assets of a company are said to be separate to those of its shareholders. This means that shareholders are liable only to the extent of their unpaid shares or by any guarantee made by them. In other words, the personal property of company shareholders or members is protected and proceedings cannot be brought directly against them. What is Companies House and what do they do? By : Maksiv Konta Companies House is an Executive Agency of the Department for Business, Innovation and Skills (BIS). All limited companies in England, Wales, Northern Ireland and Scotland are registered at Companies House. Companies House has many functions, the main ones being to: - incorporate and dissolve limited companies; - examine and store company information delivered under the Companies Act and related legislation; and - make this information available to the public. What is an AGM? By : Maksiv Konta UK company law regulates many aspects of the operations of a company. Board meetings and the annual general meeting (AGM) are one such aspect that are regulated by the Companies Act and related legislation. Public limited companies (plcs) must hold an AGM within six months of their financial year end. Most private companies are not required to hold an AGM, although they can hold one if they choose. Additionally, a board meeting or AGM must be organised if any director asks for one, or if 5 per cent of the members request one. There are also some other circumstances when a board meeting must be held, as set out in the regulations. If you are unsure what your company’s obligations are regarding board meetings and AGMs you should speak to a company and commercial solicitor. If an extraordinary event occurs in the life of the company, you should also consult a company and commercial solicitor to find out whether a board meeting must be held on the matter. What is a company secretary? By : Maksiv Konta A company secretary is a ‘company officer’ who may also be a director of the same company, but who is not necessarily a director. A company secretary has important administrative responsibilities. They are essentially the chief administrative officer of the company. Company secretaries are more involved in these administrative responsibilities than with the broader strategic management roles of directors. However, company secretaries can nonetheless be held responsible, along with directors, for the company’s breach of the law. What company names are prohibited by the Companies Act 2006? By : Maksiv Konta UK company law regulates all sorts of aspects regarding company registration and regulation. One aspect that is regulated is the choice and registration of a company’s name. There are a few pieces of legislation that govern this: Chapter 46 of the Companies Act 2006; the Company and Business Names (Miscellaneous Provisions) Regulations 2009; and the Business Names Act 1985. What changes did the Companies Act 2006 introduce? By : Maksiv Konta The Companies Act 2006 represented a dramatic reform of the UK’s laws on the establishment and regulation of companies. Whilst many of the provisions are substantially the same as those that existed under previous laws or the common law, the fact that they have been written down in one document was no small feat. How do I get limited liability? By : Maksiv Konta For a business to have limited liability means that the business is considered a separate legal entity from its owners and shareholders. If any debts or other liabilities arise, the owners and shareholders will be liable only to the extent of their shares in the company their personal assets can not be touched to settle the debts of the business. This is a very important principle, fundamental to much of UK company and commercial law. Does the Companies Act 2006 set out a director's duties? By : Maksiv Konta Prior to the Companies Act 2006, directors’ duties were set out in the common law. Now, directors’ duties are primarily set out in the Companies Act 2006 but the common law still remains relevant and important in clarifying these duties. The Companies Act 2006 contains a statutory statement of directors’ duties which replaces the current common law; however the case law continues to be essential in its interpretation. The duties are in most respects the same under the Act as under the common law, but there are some differences. Do you need a licence to run a pet shop? By : Maksiv Konta If you already have a pet shop or are about to open a new business that will sell animals, you will need a licence. The licensing authority will be your local council that will have a licensing committee that sits regularly to consider new applications. If you are in any doubt about your need for a licence, a licensing solicitor can advise you about licensing law and how this might apply to your pet shop. Do you need a licence to run a butcher's business? By : Maksiv Konta Anyone that ran a butchery business before 2006, had to have a licence. Today, however, no formal licence is needed, but most local authorities insist that all butchery businesses are registered with them. A licensing solicitor can outline how the law has changed and how the current regime of licensing laws impacts on your butchery business. Even though the old licensing system is no longer in effect, components of the old system are still used that include the HACCP (Hazard Analysis Critical Control Point) that all butchers must comply with. Do you need a licence to operate an acupuncture business? By : Maksiv Konta There is no formal licensing system for anyone that operates an acupuncture business. However, the London Local Authorities Act, the Local Government (Miscellaneous Provisions) Act and the Local Government (Miscellaneous Provisions) (Northern Ireland) Act does make it a requirement to register your business with your local authority. Do you need a licence to operate a tattoo parlour? By : Maksiv Konta It is generally not a requirement to have a licence if you offer tattooing services to the public, but most local authorities will need you to register your business with them. The legislation covers tattoos, piercing and any other procedure that pierces the skin. A licensing solicitor can assess your business activities if you are not sure whether registration is needed.
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