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Agents and consultants can offer a valuable and flexible source of expertise and experience. However, your business relationship with them needs to be effectively governed

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Disclosing confidential business information to others may be unavoidable in order to achieve your commercial aims.

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Do you own valuable tangible or intangible assets? Would third parties be willing to pay for rights over such assets?

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Does your business rely on the ongoing provision of a service by a supplier? Or does your business provide ongoing services, outsourced or otherwise, to your customers?

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Your use of this Website is subject to the terms and conditions set out below, such terms and conditions may be amended from time to time by Poole Alcock LLP.

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A comprehensive and customer-friendly website is now an essential feature of many businesses. However, you may be unsure of the legal requirements that must be complied with.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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Forming a company can be a positive and exciting step for many business owners. However, it is important to ensure from the outset that the documents governing your company’s operations suit your business needs.

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Acquisition of another company is an effective way to grow your business. Ensuring a successful transaction is all about the detail. You need to know exactly what you are buying.

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When the time comes to sell your company, or shares in your business, you will wish to maximise the return on your investment of money, hard work, time and emotion.

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A guarantee is a legal commitment to repay a debt where the original borrower has defaulted on their repayments. In essence, the person providing the guarantee will “step into the shoes” of the debtor.

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Whether you are lending to or borrowing from a third party, it is always prudent to record the terms of the loan clearly.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

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If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

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When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

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Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

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Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

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You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

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When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

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We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

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We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

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A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

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A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage.

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Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

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Unfair dismissal is a complex area of employment law and one where you need a legal expert to safeguard your financial interests as well as your professional future.

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It can be hard to realise that you may have been a victim of workplace discrimination. Discrimination is based upon what are called Protected Characteristics.

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Under the Equality Act there are 9 specific areas which are called protected characteristics; any discrimination against workers because of these characteristics would be unlawful.

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It is important that businesses handle the termination of a director’s contract appropriately, especially if you need to achieve a swift exit without disrupting the operation of the business.

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Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

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Has your employer discussed ending your employment through redundancy or with a settlement agreement/compromise agreement?

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There will be times when an employee’s conduct or performance falls short of what is expected of them in their contract of employment, or they believe that they have been treated unfairly at work.

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The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer. The Regulations can apply to organisations of all sizes when a business is sold.

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From the recruitment process, through to issues such as TUPE, training from expert employment solicitors can help you to use the law as a positive framework to implement the best employment practices.

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A written contract of employment is a legal requirement as part of the employment relationship and failure to provide one can leave both parties unclear about their rights and responsibilities.

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Settlement agreements, which used to be called compromise agreements, can play an important part in ending an employment relationship, but there are some important legal safeguards.

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Severing ties with a director or senior executive comes with countless decisions about how to protect your business.

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Whether it is direct or indirect discrimination, a case of harassment, or failure to promote diversity, the Equality Act makes discrimination unacceptable in the workplace.

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It is easy for important steps to be missed during a staff crisis however, each vital step may be a legal requirement. An omission that could have a serious impact upon your business.

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Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

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Whilst it is better to try to resolve a dispute directly with an employee, there will be times when it simply is not possible. In those cases, you may be called before an employment tribunal.

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As an employer you have to be cautious with how you deal with dismissals in order to not be accused of an unfair dismissal.

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Failure to comply with employment legislation can be devastating for a business. Compensation awards for unfair dismissal claims can be in excess of £75,000 and awards for discrimination are unlimited.

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Our team has extensive experience of settling claims arising from a wide variety of accidents and injuries suffered in the workplace.

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Whilst a trip to the beauty salon may conjure up images of relaxation and pampering, many services use potentially harmful chemicals and machinery.

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Poole Alcock have a number of keen cyclists who commute to work and enjoy cycling as a hobby or as a competitive sport. We therefore understand the frustration that can occur.

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Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

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The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

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An employer has a duty to eliminate or reduce exposure to vibration to as low a level as is reasonably practicable. In doing so, the employer should have assessed any risks in the task concerned.

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Suffering a head injury is understandably concerning for the victim and their family. It is important to investigate any potential brain injury that may have been caused.

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Tinnitus is any noise (for example, buzzing or ringing) in the ear and can be caused by exposure to excessive levels of noise, although there are other causes too.

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It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back.

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Common causes of road traffic accidents include other road users, poorly maintained roads, obstructions in the road and slippery surfaces. You may have suffered an injury.

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Accidents can happen at any time and in any place – in the street, at work, at the supermarket. If you think that another person or organisation was responsible for your accident then you may be entitled to compensation.

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Suffering a spinal cord injury can be a life-changing event, impacting on almost every aspect of your life. If the accident was not your fault, then financial compensation is often necessary.

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The benefits of using written Terms of Business

Terms of Business Almost every business, large or small, transacts with customers and suppliers...

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The benefits of using written Terms of Business

5th March 2018

News : Commercial

Terms of Business

Almost every business, large or small, transacts with customers and suppliers on a daily basis. Each time a business sells goods or services to a customer, or buys goods or services from a supplier, a contract is formed between the parties. Having written Terms of Business in place provides clear evidence of each party’s rights and obligations.  This can be crucial in ensuring that a business is able to recover its fees, limit its own liability and refer to a detailed specification of works.  In the event of a dispute, written Terms of Business can also save time, money and even the commercial relationship between the parties.

Some of the most important clauses that can be included in bespoke Terms of Business are:

Specification

This is a full description of the goods or services being provided to the customer. You should clearly and accurately outline the scope of the goods or services being provided. By doing this a business can avoid disputes over whether or not the specified goods or services have been provided.

Limitation of Liability

A business can limit its liability for losses arising as a result of incidents beyond its control.  This may include where the specification could not be met on time because of an act of God, or the misuse of goods by the customer themselves.

It is also important for a business to take reasonable steps to limit its liability for certain areas of loss.  In particular, a business should seek to exclude any liability for the loss of future profits.  A failure to exclude such liability could lead to a crippling claim against the business.

Delivery

A clause outlining the process of delivery is extremely important to ensure that the expectations of the parties are aligned and the timing of delivery is clear. This clause can also be used to ensure that a business cannot be held liable for losses stemming from delayed deliveries, where time is not of the essence within the contract.

Title and Risk

It may be presumed that goods become the property of the customer at the time that they are delivered. But what if they have not been paid for? Title clauses provide that ownership of  goods only passes to the customer once they have paid for them in full. You will therefore have the option to recover the goods from the customer if payment is not received.

‘Risk’ is the responsibility for the safekeeping (and usually insurance) of the goods. Ownership of the goods should remain with the supplier until the customer has paid for them. It is sensible for the risk for insuring the goods to pass to the customer once they have taken delivery.  If nothing else, a business will come across significant practical difficulties in seeking to insure goods not in its possession.

Written Terms of Business add credibility to a business’ commercial offering; they protect the business’ commercial position and they provide clarity between contracting parties.  They remain invaluable for commercial entities of all sizes, in all industries.

For assistance in preparing a bespoke set of Terms and Conditions or reviewing your current terms, contact Luke Pritchard on 01270 625478. You can email at luke.pritchard@poolealcock.co.uk. Alternatively, you can visit our commercial services page here for more information or fill in this form and we will get in contact with you at your convenience.

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