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What is the benefit of having a rent deposit?

Gaenor Thomas
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Most landlords expect some form of security from tenants who are new companies, either in the form of a personal guarantee from one or more of the directors, or by the tenant providing a rent deposit (for the landlord to use in the event of non-payment of...

The right time to sell: planning for retirement as a business owner or shareholder

Simon Porter
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Retirement is something that many look forward to.  For those who have invested years of hard work into a business to make it a success, it is a time to reap the rewards.  One could be forgiven for wanting to expedite the whole process and book a...

Don't Neglect Your T&Cs!

Simon Porter
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Inevitably, all businesses will have different priorities from one another in terms of income generation and business development. These can range from product and brand development, to increasing market share, increasing revenue, or growing client lists....

#AD: New Guidance for Influencers

Simon Porter
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In November we wrote about the guidance published by the Advertising Standards Authority (“ ASA ”) clarifying the rules that apply to social media influencers.  Now, further guidance on the rules regarding social media endorsements has...

Preparing for Brexit? Have you thought about your business' contracts?

Simon Porter
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With the 29 th March 2019 fast approaching, it is, for good reason, becoming increasingly difficult to avoid the “B” word.  In this article, we consider contractual measures that businesses may consider implementing in their preparations...

Stamp Duty Land Tax (SDLT) Update

Gaenor Thomas
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On 1 March 2019 the deadline for filing Stamp Duty Land Tax returns and paying SDLT will be reduced from 30 days to 14 days following completion. Buyers and tenants will therefore need to ensure that they are able to meet this tighter deadline to avoid...

Attention all landlords! How to make your Commercial Property work for you in 2019: an ABC

Emily Thorp
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Attention all landlords! How to make your Commercial Property work for you in 2019: an ABC For landlords, the greatest priority in the short term is likely to be maximising returns. However, with Brexit looming and the risk of uncertain markets, it is worth...

Landlord's Intention Under Ground (f)

Emily Thorp
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Section 30(1)(f) (Ground (f)) of the Landlord and Tenant Act 1954 (LTA 1954) states that the landlord can oppose a lease renewal if: "... on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised...

Commercial and Employment Newsletter

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: It's not all about the 'B" word - Employment law changes in 2019 Even the coldest of winters cannot freeze the desire...

How do I forfeit a Commercial Lease?

Danielle Dyer
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If a tenant is in breach of a commercial Lease and you no longer wish for the Lease to continue, one option that you have as a Landlord is to forfeit the Lease. This article provides you with an overview of how a Landlord can forfeit a commercial Lease....

As a Tenant, what should your New Year's Resolutions be for 2019?

Emily Thorp
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Now that the festive delights of Christmas are over, January 2019 heralds the start of an uncertain new year for Britain, with only a couple of months to go until Brexit.  As it is currently unclear what the economic climate will look like moving...

Even the Coldest of Winters Cannot Freeze the Desire for Town and Village Greens

Emily Thorp
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Anyone can apply to register land as a town and village green under the Commons Act 2006, where a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the...

Marriott exposed to massive data breach

Emily Yeardley
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It has recently been reported that hackers stole the personal data of as many as 500 million guests who had made reservations using Marriott’s Starwood booking system. The personal data which has been the subject of the breach includes guest’s...

Commercial and Employment Newsletter

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: Who can be liable for dismissing a whistleblower? Is your property fit for a visit from Father Christmas? New Rules for influencers...

New Rules for Influencers from the Advertising Standards Authority

Simon Porter
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The advertising landscape changes quickly; those in the industry are constantly looking for novel and captivating ways to reach their desired audiences. This has led to an influx of brands working with influencers  to promote various products and...

Corporate and Commercial heavy weight joins BakerLaw

Amanda Glover
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We are delighted to strengthen our Corporate and Commercial department with the appointment of Simon Porter as Head of Corporate and Commercial. As a recommended solicitor in The Legal 500 with over 25 years of experience, Simon has been described as having...

Commercial and Employment Newsletter

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We recently circulated our Commercial and Employment Update containing the following articles and news: What are you trading as?: Companies What happens if an employer doesn't respond to an employment tribunal claim? Can an...

What are you trading as? (3/3): Unincorporated Associations and Community Interest Companies

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Simply ‘setting up a business’ is not as straightforward as it might sound. There are a multitude of ways in which a business can go about its operations and a variety of factors which should be considered in weighing up this decision. The...

What are you trading as? (2/3): Companies

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Simply ‘setting up a business’ is not as straightforward as it might sound. There are a multitude of ways in which a business can go about its operations and a variety of factors which should be considered in weighing up this decision. The...

What are you trading as? (1/3): Sole Traders and Partnerships

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Simply ‘setting up a business’ is not as straightforward as it might sound. There are a multitude of ways in which a business can go about its operations and a variety of factors which should be considered in weighing up this decision. The...

Parent Companies: responsible for the activities of their subsidiaries?

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A key characteristic of limited companies is their distinct legal identity. An important result of this is that any liability incurred by a particular company is against that company alone – not against its members or of a company within the same...

Commercial and Employment Update

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We recently circulated our Commercial and Employment Update containing the following articles and news: What you don't know can't hurt you? The employment tribunal thinks otherwise Why bother with a shareholders' agreement? Was...

Contractual Variation Clauses

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Whilst it is not unusual for lawyers to labour over the minutia of contractual construction for hours on end, it is important to realise that contracts are rarely set in stone and a change in the commercial realities of businesses can warrant a contract...

Why bother with a shareholders' agreement?

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Whether you are starting a new business venture, or if you have an existing business and simply never got around to it, the importance of having a shareholders’ agreement in place cannot be understated. What is a shareholders’ agreement? A...

Corporate Transaction Series (5/5): Post-Completion

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Completion will be a significant milestone in any transaction, however it is important to bear in mind that there will still be much to do in order to best ensure that the deal will be a success. Arguably, much of the hard work will have been done, however...

Are you ready for the GDPR?

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Data protection and cybersecurity are subjects that are making ever more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25 th  May 2018 and the Government confirming...

Corporate Transaction Series (4/5): Disclosure

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Having considered warranties in the context of the share purchase agreement (SPA), we now look at how the disclosure process naturally follows on from this and the necessity of considering the two together. What is the disclosure process? Disclosures are...

Where does the liability fall with KFC's chicken shortage?

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If you’ve been keeping up with the news this week, it will have been difficult to miss the furore which has ensued following the closing of hundreds of KFC restaurants up and down the country. The cause of this – reportedly costing the chain...

Changes to Data Protection law in the UK: The GDPR

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Data protection is an issue that is making ever-more frequent appearances in news headlines, and with the implementation of a new EU-wide framework for data protection law in 2018, this should not be expected to change any time soon.  What is the...

Corporate Transaction Series (3/5): The Share Purchase Agreement

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In our third instalment of our corporate transaction series, we consider the significance of the share purchase agreement within the context of the transaction. What is a share purchase agreement? A share purchase agreement (SPA) is the agreement that...

BakerLaw and ThinkMarble: GDPR breakfast seminar

Emily Yeardley
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Data protection is an issue that is making ever-more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25th May 2018, businesses found to be in breach of the new regulations...

Corporate Transaction Series (2/5): Due Diligence

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In our second instalment of our corporate transaction series, we look at the vital role that the due diligence process plays in making a success of any transaction. Having made the decision to acquire a business, the buyer will want to maximise the...

Corporate Transaction Series (1/5): Non-Disclosure Agreements

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Over the coming weeks, our corporate transaction series will follow the key stages of a hypothetical share acquisition. We hope that this will provide some food for thought and highlight some key issues to be considered by anyone considering acquiring or...

Exclusion Clauses in Commercial Contracts: The Reasonableness Requirement

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A recent case demonstrates the approach of the Courts in assessing the validity of exclusion clauses in commercial contracts… What is an exclusion clause? Exclusion clauses are contractual terms which attempt to limit liability to one party for...

Dotting the I's and crossing the T's: Terms and Conditions

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Inevitably, businesses will have different priorities from one another in terms of income generation and business development. These range from product and brand development to increasing market share and/or revenue or growing client lists. Whilst the...

New Paralegal welcomed to Commercial & Employment departments

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The Partners at BakerLaw LLP are delighted to welcome Oliver Salmon as the firm’s new Paralegal in the Company Commercial and Employment departments. Following completion of Oliver's law degree, in tandem with his Paralegal...

Should I Transfer my Business to a Private Limited Company? (Part 3)

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Some Advantages of Private Limited Companies. The main advantage of a private limited company is that it has limited liability. This means that in the event of insolvency the amount a shareholder can lose is limited to the amount the shareholder paid for...

Should I Transfer my Business to a LLP? (Part 2)

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Information on LLPs LLPs combine the flexible structure of a general partnership with the benefits of limited liability. LLPs – Some Differences from General Partnerships The owners of an LLP are called members, rather than partners, and within...

Should I Transfer my Business to an LLP or Limited Company? (Part 1)

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Advantages of General Partnership Confidentiality is the biggest advantage of a general partnership (i.e. a partnership which is not a limited partnership, or an LLP). There is usually no requirement to publish partnership accounts. The relationship...

Thinking Of Selling Your Business? (Part 3)

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How to Reduce the Possibility of a Warranty Claim. Make sure you use good lawyers, experienced in negotiating warranties, indemnities and seller limitation clauses. Ensure that the time limit for bringing claims is appropriate. Do not delay in...

Thinking Of Selling Your Business? (Part 2)

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Recommendations For Improving The Efficiency Of The Sale Process. At the start of the sale process allocate responsibility for distribution of company information to potential purchasers to one person, and ensure an accurate audit trail is maintained....

Thinking Of Selling Your Business?

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(Part 1) If you own a limited company, the first step is to decide whether to sell the shares or its assets.   Each case is different, but the sale of shares (usually the seller’s preference) may lead to a more complex sale contract being...

Is Your Business Cookie Compliant?

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The lead in period for compliance expired in May 2012 but 4 years on and many websites are still not cookie compliant. The ICO is currently free to consider using its enforcement powers to compel compliance, and the maximum fine for the most serious cases...

BakerLaw's Company Commercial Team Grows

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Following the appointment of the firm’s first two trainee solicitors on 1 September, the Partners of BakerLaw LLP are delighted to announce the firm’s further growth with the arrival of Associate solicitor Julia Weeks and paralegal Holly Taylor. ...

Limitation of liability clauses

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Whilst thankfully the events that unfolded at Old Trafford on Sunday ultimately proved to be a false alarm, with no injury or harm to the public, the cause of the event provides a stark example of why private contractors should carefully review the liability...

Do the recently introduced PSC Register obligations affect your business?

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As of 6 April 2016 following amendments to the Companies Act 2006 by the Small Business, Enterprise and Employment Act 2015, most UK companies and limited liability partnerships (LLPs) are now required to keep a register of people with significant control...

BakerLaw LLP advises on sale of Moms Fabulous Foods

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BakerLaw LLP advises the owner/managers of Surrey-based gourmet hot dog company Moms Fabulous Foods in relation to the sale of their business to Peter’s Food Service.  Acting on behalf of Moms owner/managers, the transaction was led by Jonathan...

BakerLaw advises management team on acquisition of DED

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BakerLaw advises management team on acquisition of DED BakerLaw’s corporate partner Jonathan Craig,  supported by employment partner Andrew Peters advised Tim Downes lead for the buyer management team on their recent completion of the...

Don't underestimate the importance of a Shareholders' Agreement

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Once the company has been incorporated, shares allotted and trading has commenced, business owner/managers often fall into the trap of leaving the task of preparing a shareholders' agreement to 'another day' and merely relying on the...

BakerLaw LLP Complimentary Trading Terms and Conditions (T&Cs) Workshop

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Does your business buy or sell goods or offer services? Do you provide your customers, clients or suppliers with a written set of your trading T&Cs? If so, when were they last reviewed? Similar to the regular servicing of a motor vehicle, a periodic...

Small businesses opting out of legal advice

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Small businesses opting out of legal advice. The Legal Services Board has recently published research which found that only one in eight small businesses contact a solicitor to obtain legal advice. This can have serious consequences as in many situations...