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Commercial Law

GDPR - one year on it's not just all about emails

Ruth Smith
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What have the changes, if anything been for businesses – we look at what has happened in the past 12 months and what you might have to plan for the future It’s been almost 12 months since businesses were all panicking about GDPR, here is Q &...

Directors' Duties - The do's and don'ts

Niki Polymeridou
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  As a company director you are responsible for the day-to-day running of the business and accountable for its success or failure. According to the Companies Act 2006 (CA 2006) there are seven specific duties you need to observe: to act within...

Persons with Significant Control

Niki Polymeridou
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One of the main objectives of Companies House’s ( CH ) business plan for 2018-2019 is corporate transparency. At the heart of CH’s business plan is the proper identification and accurate presentation of information relating to Persons with...

Deals Hotting up During Heatwave Summer at Pearson Solicitors

Keith Kennedy
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It’s been a summer of successful deals for the corporate team at Pearson Solicitors, who have recently completed the third acquisition in quick succession for award-winning telecoms and IT provider, Communicate Better, helping their expansion into new...

When is an "agreement" a legally binding contract?

Christopher Burke
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The question of whether or not your contract is legally binding can be straightforward when considering conventional contracts, however, there are circumstances in which greater scrutiny may be required in order to determine the (potentially) binding nature...

Should you open your business up to online reviews?

Aaron Marshall
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There has been a significant upturn in the number of businesses providing their customers with the opportunity to submit online reviews towards services and products. This platform has snowballed following the success of companies such as Amazon and Trip...

Is your business ready for the GDPR changes?

Keith Kennedy
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The General Data Protection Regulation is now in force as of 25 May 2018 and has introduced sweeping changes to the way that businesses and organisations can hold data and information, strengthening protection for individuals. Non-compliance with the new...

The importance of a Shareholders' Agreement- Can a majority shareholder force out a minority shareholder by amending company articles?

Keith Kennedy
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Minority shareholders may find themselves in the precarious position of being forced out of a company against their will. This can happen during disputes between a minority and majority shareholder, and in a recent case, it was ruled that a majority...

First successful prosecution for falsifying information on the company register

Christopher Burke
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A Warwickshire businessman has had to pay over £12,000 for falsifying information on the company register. The facts of the case In 2013, Kevin Brewer incorporated John Vincent Cable Services Ltd, and appointed former business secretary and current...

What to do if you have been issued a County Court Judgment (CCJ)

Aaron Marshall
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If you have been served a County Court Judgment (CCJ), it may have occurred without your knowledge due to unfair practices. There are actions you can take to defend yourself from such sharp practices ahead of potential governmental changes to how CCJs...

Lessons from the Cambridge Analytica issues - and the need to prepare for the General Data Protection Regulation

Keith Kennedy
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  If you have been following the news recently, you’ll no doubt have heard of “Cambridge Analytica” (CA). CA is alleged to have ‘mined’ information from Facebook users without consent and used it for various purposes. ...

GDPR Checklist - What must you do before 25 May 2018?

Keith Kennedy
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The General Data Protection Regulation (GDPR) will come into force in the UK on 25 May 2018. With little more than two months to go before the new regulation comes into force, do you understand how your rights and obligations will change in relation to the...

International Women's Day - doing something positive to promote equality in the workplace

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It’s 100 years since some women first got the vote and 48 years since the Equal Pay Act came into force.  Nevertheless, many women in the workplace are still discriminated against in the workplace. It’s estimated that it will be a long time...

10 New Year's Resolutions for Directors and Business Owners

Christopher Burke
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Most people are back at work after the Christmas break and many have returned with a clutch of new year’s resolutions. Popular choices include healthy eating, getting fitter or spending more time with your family. Or maybe you’ve focused on work...

Businesses Still in the Dark About GDPR

Keith Kennedy
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With only six months to go until the new GDPR come into force, alarmingly many businesses are still unaware or unprepared for the regulations - Brexit or no Brexit, businesses will still have to comply. Following the research of more than 500 UK businesses...

Local Banker Joins Law Firm as Firm Strengthens Commercial Team

Keith Kennedy
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An innovative and bespoke service combining business banking advice, law and extended financial planning services under one roof has been launched by Oldham Law Firm, Pearson Solicitors and Financial Advisers. Former Corporate Banker, David Meredith, has...

Top tips to Improve Your Business Over Summer

Christopher Burke
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Summer's here - and we have some top tips for you to consider if your business is quiet over the holiday period. If your business is quieter over the summer months, use the time to review your business procedures and do some housekeeping....

Professional Oldham Celebrates 1 Year Anniversary

Suzanne Wright
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It’s now a year since the formation of the Professional Oldham networking group and over that time it’s been great to see the group go from strength to strength. The aim throughout has been to introduce some quality networking, some amazing and...

Top Accolade & Bumper Year of Business

Joanne Ormston
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Law Firm, Pearson Solicitors and Financial Advisers have this month reported a record 28% growth of the business and on top of that have secured the Law Society’s legal practice quality mark, Lexcel for the 15th consecutive year. Highest growth areas...

Pearson's on-going support for Action Oldham

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Our support for Action Oldham is on a bit of a roll at the moment. As I write, we are just a few pounds away from reaching our £1000 target in our #zipwire challenge. Karen Piontek, Ian Wolstenhulme, Jade Hegarty, Rosie Aldcroft and Marie Pauley are...

Solicitors and Staff Scale Snowdon for Charity

Ian Wolstenhulme
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Our support for Action Oldham is on a bit of a roll at the moment and about to hit its highest peak as we set off to Snowdon. Thanks to the generosity of clients and friends of the firm we have recently reached our £1000 target in our #zipwire...

Can you help us raise £1000 in 3 weeks for Action Oldham?

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In a moment of Twitter madness, I agreed to join Ian Wolstenhulme, Rosie Aldcroft and Jade Hegarty on the zipwire at Zip World on 14 May. And not just any zipwire – it’s only the fastest and second longest! I have to admit my heart sank a little...

Business rates revaluation effective from 1 April

Keith Kennedy
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The next business rates revaluation will take effect from 1 April 2017. In the press release issued on 17 February 2017, the Government confirmed that: "The revaluation will make the system more accurate by ensuring business rates bills reflect the...

Do your homework before buying a property (Caveat Emptor!)

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Beware the pitfalls if you are buying a property... and do your homework! This article is for those considering purchasing or leasing commercial property. Whether you are purchasing a property or entering a lease, it is essential to investigate your...

Who owns your company?

Keith Kennedy
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A company’s shareholders are the people who are registered as such in the company’s statutory registers. If statutory registers are not properly maintained, this can give rise to troublesome issues. A company’s records should show clearly...

Thinking of borrowing to fund a share buyback?

Keith Kennedy
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Many companies make use of the provisions in the Companies Act 2006 (the “Act”) that allow a company to purchase its own shares. Typically, this procedure is used when one or more shareholders are exiting the company and the remaining...

Our new conveyancing FAQs

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Are you house hunting? Have you got some questions about the conveyancing process? I recently blogged about what it was really like to move house. Those that followed that blog may remember I included added some notes explaining key words in...

Tips on protecting your business from cyber security breaches

Keith Kennedy
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Back in March 2015, the Government published a guide to cyber security for small businesses. It is worth a read... There are huge benefits in using information technology (IT) in your business – but there are also huge risks. Most businesses rely on...

Review your cash flow before Christmas

Christopher Burke
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Don't let debts fester over the holidays The last few weeks leading up to Christmas can be a frantic time. Whatever your business, there are sales targets to achieve, projects to finish and deadlines to meet. The extra pressure of dealing with these...

Client has Specsavers in her Sight

Keith Kennedy
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Pearson’s corporate & commercial team have advised on recent deal involving the acquisition of three Specsavers stores. Amanda Pedder turned to Pearson’s Keith Kennedy for advice when she wanted to acquire shares in three stores from the...

The Autumn Statement, November 2016 (employment perspective)

Susan Mayall
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Philip Hammond's Autumn Statement  contained a raft of measures with ramifications for those dealing with employment issues. There have been some fairly gloomy reports in the press including "Worker prospects dreadful, says the IFS"...

Professional Oldham hosts networking at historic chapel

Suzanne Wright
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NEW networking group Professional Oldham holds its second gathering on Thursday, October 13, at George Street Chapel events centre, from 6pm to 8pm. Guests will be shown around the unique Grade II* listed building at 58-65 George Street in Oldham town...

INSIGHT: Firms Urged to Get Involved with the Oldham Business Awards

Keith Kennedy
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It’s that time of year again, a time for Oldham businesses to take stock, look at what they do well, how they have performed in the past year and then enter the 2017 Oldham Business Awards. At a launch event recently we heard from previous winners,...

Heading for a Brexit... a Summer of conjecture?

Keith Kennedy
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  This article comments on what is needed to effect the UK’s exit from the European Union – and how the political events of the last month affect that process. It's been over a month since the EU Referendum’s...

A checklist: what can businesses do to prepare for a Brexit?

Christopher Burke
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What can you do to prepare for a Brexit? Keep tuned in to what the government is doing to leave the EU – and what effect their decisions might have. Talk to your staff – particularly if they are non-UK residents. Theresa May...

Growing concern about privatising the Land Registry

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The Land Registry is a long established institution whose function is to register the ownership of land and property in England and Wales. The register plays a valuable role in preventing fraudulent property transactions. Those who have bought or sold a...

INSIGHT: What effect might the Brexit have in the workplace?

Susan Mayall
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Susan Mayall looks at how employment laws might be affected by the UK’s vote to leave the EU. (This is an updated version of Susan’s article of 21st June.)   A substantial element of the UK’s employment laws come from the...

INSIGHT: What might the Brexit mean for your business?

Keith Kennedy
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Now that the UK has voted to leave the EU, we take a look at some of the possible effects of the so-called Brexit on UK businesses. 24th June 2016 Within hours of the EU referendum’s “ Leave ” result, David Cameron had stated his...

INSIGHT: A Brexit it is then! What now?

Christopher Burke
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So there it is! The UK have voted to leave the EU. It’s the end of era – or will be once the government negotiates how the Brexit will actually work. We’ve set out below a few key points for businesses and some basic guidance on what to do...

Professional Oldham Networking Group Launches in Oldham

Suzanne Wright
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A NEW networking group is launching in Oldham, aimed at local business-owners, consultants and professionals. The group is called Professional Oldham and has been launched by representatives of firms including Pearson Solicitors and Financial Advisers,...

Dealing with court claims or County Court Judgments (CCJs)

Christopher Burke
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Have you received a court claim form document or a County Court judgment (CCJ)? If yes, take action. Don’t just ignore the documents. Receiving any court document can be a daunting and unnerving experience especially if you are unfamiliar...

Leave or remain in the EU? Have your say!

Michael Pitt
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With less than a week to go before the UK votes in the European Union (EU) Referendum, the polls are changing on a daily basis. At the time of writing this article, the “ Leave ” campaign appeared to be pushing ahead: see the  Ipsos MORI...

INSIGHT: Some tips for handling contract negotiations

Christopher Burke
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Most businesses enter into contracts on a daily basis without even thinking about the process.  Office supplies, water/gas/electricity supply and coffee machines are supplied under contracts not to mention agreements with employees, consultants and...

INSIGHT: Contracts don't have to be in writing to be binding

Aaron Marshall
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  “You’ve got nothing in writing!” “There’s no contract!” “I didn’t sign a contract!” There is a common misunderstanding that contracts must be in writing and signed by all parties to be legally...

INSIGHT: Protecting And Planning Your Business And Shares Ahead Of Death

Sarah Finnigan
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  How do I protect my business after I die? If you own shares in your family business they may well be your most significant asset and it’s important to understand how they may pass on your death and the most tax efficient way to achieve this,...

INSIGHT: Shareholders' Agreements - what every business person needs to know

Keith Kennedy
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Do you run a business as a limited company or are you thinking of setting up a company? Have you considered what would happen if you were to fall out with your fellow directors or shareholders? What is a shareholders’ agreement and why do you need...

INSIGHT: So called 'penalty' clauses in commercial contracts

Keith Kennedy
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In the recent case of Cavendish Square Holding BV v El Makdessi , the Supreme Court reset and clarified the rule on penalties, unanimously allowing the appeal from the Court of Appeal. Background Mr Makdessi founded a group of companies (the...

INSIGHT: Sale and purchase agreements: be careful what you agree to...

Keith Kennedy
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When contracting parties reach an agreement to buy or sell a business, but one party later realises that the terms are not ideal, the court will, generally speaking, hold the parties to the contract: it will not try to improve the bargain they have made...

INSIGHT: New regulations make it easier for companies to authorise and finance buybacks

Keith Kennedy
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New regulations, intended to reduce ‘red-tape’ for businesses and to clarify the applicable statutory requirements when undertaking a buyback of shares, were published earlier this year under The Companies Act 2006 (Amendment of Part 18)...

The Small Business, Enterprise and Employment Act 2015: legal changes for the attention of company directors

Keith Kennedy
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The Small Business, Enterprise and Employment Act 2015 received Royal Assent on 26 March 2015 and introduced a number of legislative changes, some of which came into force last month (October 2015) and others which will be phased in over the coming months....

INSIGHT: Give Employees the Choice of Accompaniment, High Court Rules

Susan Mayall
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A recent case in the High Court has highlighted the importance of giving employees the choice of who to accompany them to disciplinary hearings. Susan Mayall, head of employment at Pearson, explains. The High Court’s decision in the case of Stevens v...

INSIGHT: Beware of Bogus Solicitor Emails

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Businesses and individuals are being warned to be extra vigilant of bogus emails from fraudsters posing as solicitors. Karen Piontek, associate lawyer in our commercial property team, offers some practical simple steps to take. According to the Solicitors...

INSIGHT: Putting Professional Negligence in the Spotlight

Christopher Burke
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Most businesses have a positive experience when seeking the advice of a solicitor, with legal professionals able to offer expert guidance on a wide range of corporate issues. But what happens when the service is negligent and how can businesses spot the...

Pension Freedom, food for thought in financial planning

Jonathan Beardmore
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Ever thought how much you would love that second hand Ferrari in retirement? How about a nice little fishing boat to use in the summer? All this would be possible if only you could access all of the money in your pension fund. Well great news, you...

INSIGHT: Gender Pay Gap Reporting to be Mandatory by 2016

Susan Mayall
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David Cameron has set out his ambitious plan to eliminate the gender pay gap ‘within a generation’, with the introduction of mandatory reporting requirements.  A consultation into the new measures is to begin on Tuesday next week and will...

Government loosens restrictions on domestic abuse victims

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Legal Aid Lifeline follows intense lobbying by Law Society and other groups  Access to legal aid in family cases, even when it was accepted that the victim had suffered violence, was difficult in most cases, now thanks to successful lobbying by lawyers...

Wife Receives 100% of matrimonial assets in £550,000 payout.

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The Court of Appeal has ruled that a wife should be awarded 100% of her husband’s assets following a divorce ruling.  In Aly v Aly the husband has been ordered to pay £550,000 after not paying maintenance or child support since 2012 and...

INSIGHT: Early Conciliation: How it looks one year on

Susan Mayall
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The ink had barely dried on the reforms that saw employment tribunal fees become compulsory for claimants before the process in which workplace disputes are resolved changed once again with the introduction of Early Conciliation.  Now 12 months on, the...

INSIGHT: Rowham Set For Steely Future After Property Purchase

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A Manchester-based steel supplier has secured its long-term future after purchasing a property at Trafford Park, thanks to the help of Pearson Solicitors. Established in 1979, Rowham Steel Products Ltd supplies mild steel, galvanised steel and zinc-coated...

INSIGHT: Employers Advised To Include Voluntary Overtime In Holiday Pay

Susan Mayall
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Employers are being warned that voluntary overtime should be included in holiday pay calculations, following the recent case of Patterson vs Castlereagh Borough Council. Voluntary overtime is described as overtime that the employer is not obliged to...

INSIGHT: How to Get the Best Deal When Selling Your Business

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There are all kinds of reasons for selling a business. It may be time to retire, move on to another venture, release capital from an existing business in order to focus on other interests, or you might just consider it the right moment in the growth curve of...

INSIGHT: Collective Redundancy - When Should Consultation Begin?

Andrew Murray
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Following high-profile changes to the definition of “establishment” in collective redundancy cases, a new ruling has now confirmed when the obligation to consult is triggered. Andrew Murray, solicitor in the employment team at Pearson, discusses...

INSIGHT: Employers Should Plan Ahead For A Summer Of Sport warns Susan Mayall

Susan Mayall
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ROYAL Ascot week officially marks the start of a summer of sport which for employers can be a tricky time with absences from work or early finish times to catch crucial matches and events. Wimbledon, The Ashes, Formula 1, The Open Golf, Women’s World...

The Queen's Speech and What it Means for Businesses

Michael Pitt
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This week, Her Majesty delivered the first Conservative Queen’s Speech in 19 years, with the Prime Minister calling it a ‘One Nation Queen’s Speech from a One Nation Government’. While the programme of new legislation was largely...

INSIGHT: What Impact Will the New Government Have on SMEs?

Michael Pitt
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With election promises still ringing in our ears, SMEs would be wise to take a closer look at the manifesto commitments laid out by the new Government in recent weeks. Michael Pitt, partner and head of commercial property at Pearson, explains. Under the...