Clarkslegal LLP - Solicitors in Reading and London

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Sep
29
2016

The Battle of the Forms Continues
#Commercial #Information Technology

Those involved in ordering goods and services or putting contracts together will know that, unless individually negotiated, it can sometimes be difficult to know whose terms are incorporated into the final contract. The circumstances giving rise to this are frequently referred to as the Battle of the Forms. ...

Sep
06
2016

Three “Ms” to help avoid the supplier’s nightmare of a key customer who can’t pay
#Commercial #Corporate

In the first quarter of this year, in England and Wales, 3,694 companies and 20,383 individuals were unable to pay their debts and went into a formal insolvency procedure (The Insolvency Service: Insolvency Statistics – January to March 2016). It goes without saying that these statistics mean that a very considerable number of suppliers to companies or sole traders will have been left as unsecured creditors, likely to receive a fraction only (or nothing at all) of what they were owed for goods or services supplied....

Aug
08
2016

Winning new customers...the internet way!
#Commercial

LinkedIn, Twitter, Instagram, Facebook, Flickr...the list keeps growing and with the number of users of social media sites continuing to rise the potential to find new customers online has never been greater. Here are our top tips for using social media to tap into new business.......

Jul
11
2016

UK Data Protection: A little part of us that will forever be Europe?
#Commercial

In the pre-23 June 2016 world of certainty, stability and legislative timetabling, British businesses knew that, so far as their data protection obligations were concerned, they would have a couple of years to comply with the requirements of the new EU General Data Protection Regulation (GDPR), which was adopted in April this year and takes effect from 25 May 2018....

May
10
2016

Managing Cybersecurity in Your Business
#Commercial

Cyber attacks can lead to all sorts of crises and don’t just stop at preventing you from getting on with your business. You might just find yourself in breach of your legal obligations....

Apr
25
2016

“No Oral Variation” Clauses: Do They Work?
#Dispute Resolution #Commercial

Many commercial contracts contain a clause to the effect that any variations or amendments to the contract must be in writing. Parties to commercial agreements favour such clauses because they promote certainty: the parties know what they have to do to amend the contract and disputes about oral discussions are in theory avoided....

Apr
07
2016

Clarkslegal advises on the sale of wireless network distributor, Siracom
#Corporate #Commercial

Clarkslegal, led by Corporate Partner, Ashan Arif, has successfully advised the shareholders of Siracom Limited on the sale of the company to Exertis UK....

Mar
08
2016

What's on the horizon for corporate/commercial law?
#Corporate #Commercial

Below are a few things to look out for on the corporate/commercial horizon. We’ve got the ICO taking data protection more seriously than ever before, the UK calling for transparency over who owns the businesses running our economy, and working towards a simpler, fairer way of trading with UK consumers. ...

Mar
07
2016

Value and growth: inextricably linked
#Commercial

According to the Federation of Small Businesses, SMEs account for 99.9% of all private sector businesses in the UK, employing 15.6m people (60% of UK private sector employment) and generate £1.8 trillion in annual turnover (47% of UK private sector turnover). It is no wonder that SMEs are a vital part of any economy, disproportionately impacting job creation and economic growth....

Jan
12
2016

What to expect for 2016
#Clarkslegal #Construction #Corporate #Dispute Resolution #Employment #UK Immigration #Private Client #Real Estate #Commercial

Clarkslegal has produced a guide on ‘What to expect for 2016’ which clearly sets out all the forthcoming legislative changes, which we hope you find useful in planning your year ahead. ...

Oct
13
2015

Transfers of Personal Data from EU/EEA Countries
#Corporate #Commercial

On 6 October this year, the European Union’s judicial body, the Court of Justice (ECJ), ruled, in the case of Schrems v [Irish] Data Protection Commissioner, that the “Safe Harbour” agreement between the US and the EU, which has allowed personal data to be transferred legally between EU countries and the US for 15 years and which some 4,000 US companies currently rely on, is invalid. ...

Oct
02
2015

How do you deal with copyright to your software if you have no contract with the developer commissioned to create it?
#Commercial

Imagine you had a genius idea for a computer software programme, like an app (more officially known as an application!), and then commissioned a developer to create a software programme. For one reason or another, the ownership of the copyright (generally the main intellectual property right to software) comes into question, and you have to determine who owns it. Before we move any further, we should probably explain that copyright aims to protect the form of expression of your idea (in this case, the software) and not your idea, per se. ...

Sep
07
2015

Have the Rules on Limitation and Exclusion of Liability now changed?
#Commercial

In many of the contracts that we put together for clients, one party (or both) may try to limit their liability for losses suffered as a result of breach of that contract. Where those contracts are individually negotiated and assess the risk open to each party, the Court will rarely intervene. ...

Aug
11
2015

Warranties, Representations and Indemnities
#Commercial

You may well see references to a party “warranting” something, or “indemnifying” another party in relation to something or perhaps not making a “representation” about something in commercial agreements, such as for the sale of goods and services, businesses or shares....

Mar
03
2015

“Call us now if you have been involved in a car accident recently.....” TOUGHER PENALTIES FOR SPAMMERS?
#Commercial

Unless you have no mobile phone or internet access, in which case you are probably unlikely to be reading this, you will be in a very small minority if you haven’t received a text message of this kind, or perhaps an automated call about PPI claims or some other “entitlement”. What these communications have in common is that they are almost always unsolicited, unwanted and very difficult to do anything about because the identity of the sender is either disguised or undisclosed, or there is no effective way given to opt out....

Jan
13
2015

Consumer Rights - 2015 a Landmark Year
#Commercial

UK consumer law – the law governing the rights of consumers supplied with goods and/or services by businesses – is currently set out in dozens of separate pieces of primary and secondary legislation, some of which date from the 1970s. This time last year, the Government introduced the Consumer Rights Bill, with a view to consolidating into one statute much of the existing law, modernising the law in some key areas (such as digital content) and giving more teeth to consumers, public enforcers and private enforcers (currently only Which? is in this last category). The Bill has now been through both Houses, though some amendments are still being dealt with, and is expected to come into force in October this year (general election notwithstanding)....

Aug
06
2014

Google Spain v AEPD and Gonzalez: ECJ confirms "Right to be Forgotten" for Personal Data on the Internet
#Commercial

In a major recent court decision, the European Court of Justice (ECJ) has confirmed for the first time that search engine providers are to be regarded as data controllers in respect of the locating and making available information relating to individuals and that an individual`s data protection rights to rectify, erase or block access to personal data can, in certain circumstances, amount to "a right to be forgotten"...

Jun
10
2014

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
#Commercial

These new Regulations will complete the implementation of the Consumer Rights Directive in a drive to harmonise consumer rights across the EU and, as they come into force on 13 June, will apply to most consumer contacts entered into on and after this date...

Apr
02
2014

Developing Mobile Apps - Legal Essentials
#Commercial

As is well known, there has been an explosion in recent years in the number of mobile apps being created and distributed worldwide: it is estimated that at the end of 2013 there were two million or so apps available. The explosion of mobile devices is also greatly affecting the way in which we use the internet and by 2016 it is reckoned that there will be more access to the internet by mobile devices than by laptop or desktop computers...

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