January Newsletter

Client Update
   
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Client Update
January 2010
In this issue:
What Makes a Director?
Key Words Do Not Breach Trade Mark
Keep Your Will Up to Date
Dealing With Your Affairs If You Are No Longer Able
 

It looks like it will certainly be an interesting year in the business world with opinion split on whether the ‘business climate’ is about to turn, or whether it’s simply being cleverly dressed up to look like it will.

News that Corporation Tax is to remain unchanged for the time being has been welcomed, but how do you feel about Gordon Brown’s National Insurance hike for 2010?

According to one online business source, the increase has come at a time when employers were starting to consider taking on new staff again. Back in November software company Sage conducted a survey of 2,000 SMEs and found that 25% were planning to recruit in the next three months. But will this be put on a backburner now as employers face greater contributions? 

With Christmas well and truly over and the sales coming to an end do you know your rights concerning returning unwanted goods?  We recommend you take a moment to understand your consumer rights concerning returns, refunds and exchanges.

Unwanted Gifts: Individual stores can decide whether they issue refunds or exchanges on unwanted gifts. Check when buying; some will give you a gift receipt, although these are generally for items like clothing that may need to be exchanged for an alternative size. Buying Online: When buying online, you have additional rights. Unless the gift is custom made, there is a 'cooling off' period of seven days from when you receive it, during which you may return it for a full refund without having to give a reason. Credit Card Purchases: If you spend between £100 and £30,000 on a credit card (not a debit or charge card), you may be protected under the Consumer Credit Act which makes the credit card company equally liable for any breach of contract. January Sales: When you buy something in a sale that is faulty, wrongly described or not fit for purpose, you have the same rights to your money back as with a normal purchase.

Remember to keep all receipts and if you are in any doubt about where you stand, contact us and we’ll advise you on your rights and the course of action you should take.

Neves News

Mary McEvoy turns the spotlight this month on training in the Family department. All solicitors and legal executives are required by their respective regulatory bodies to carry out a certain amount of training each year. The extent of this may surprise some people. Read Mary's article by clicking here.

Director – or not?

businessmanThere is an interesting story on our website this month involving a husband and wife who paid themselves millions of pounds in dividends from 42 insolvent companies without making the necessary provisions for corporation tax. Whether or not the couple were directors of the insolvent companies was the issue, and the case went to appeal. You can find out what happened by reading the full report. If you are in any doubt concerning director related issues, contact us for advice and guidance; misunderstanding the rules could leave you facing serious connotations.

Web search keywords are not a trademark

Google logoThe use of competitors’ names as keywords in internet advertising campaigns is commonplace, but is it an infringement of the owner’s trademark? Apparently not said the Advocate General following legal action against Google. Keywords drive visitors to websites, so using competitors’ names as keywords is an obvious way to pick up those visitors who may well have gone elsewhere. However, whilst invisible keywords (those used on a site in such a way that only the search engines can see them) are acceptable, it is important to be aware that visible trade marks are considered a trademark infringement. You can read the full story on our website in this month’s legal news.

Will imageIs your Will up to date?

The importance of having an up-to-date will is highlighted by the events following the death of a wealthy Scotsman. His personal circumstances had changed, but he had failed to update his will which left his entire estate to his wife, from whom he had separated. The couple did not divorce and despite the fact that they had signed an agreement that each would make no financial claim on the other, the will stood up to challenge by the Scotsman’s mother and children when he died. You can read the full story on our website. If your family circumstances change, make sure you review your will and take legal advice on any changes necessary.

 

Who will manage your financial and property affairs if you can’t?

Power of Attorney A property and affairs Lasting Power of Attorney (LPA) is a power of attorney which allows you to choose trusted people to make decisions on your behalf in order to manage your property and financial affairs if you are no longer able to do so yourself. If you don’t have one, and you lose mental capacity, it will be down to the Court of Protection to handle everything on your behalf. There is more about the benefits of making an LPA on our website and of course we are happy to discuss your specific queries with you, so please contact us if you’d like to find out more.

A tax case involving a husband and wife who paid themselves millions of pounds in dividends from 42 insolvent companies without making the necessary provisions for corporation tax has recently been heard by the Court of Appeal. The...

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The Advocate General has recently given his opinion that the use of a competitor’s trade mark as a ‘key word’, in order to trigger the appearance of one’s own advertisement when an Internet search is carried out, is not an...

read more

The importance of having an up-to-date will is highlighted by the events following the death of a wealthy Scotsman. His personal circumstances had changed but his will had not. The man separated from his wife in 2005 and each signed an...

read more

A property and affairs Lasting Power of Attorney (LPA) is a power of attorney which allows you to authorise one or more named persons to make decisions on your behalf in order to manage your property and financial affairs if you are no longer able or willing...

read more