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What you need to know regarding lockdown 3.0 and the workplace: The guidance says employees 'can only leave home for work purposes where it is unreasonable … to do your job from home’. The legislation is more restrictive and says...
I did not make my children listen this time round to the Prime Minister’s announcement on 4 January 2021, that we yet again enter national lockdown. Education will be by remote learning until mid-February and the extremely clinically vulnerable must...
With Christmas and New year celebrations just around the corner, we are sure many are looking forward to 2021 more than might usually be the case. For many, the 31 st December will mark the end of the current holiday year and what a holiday year it...
A company decided to sell off a division of its trading business . As part of the due diligence process undertaken by the buyer, agreements with two commercial agents were disclosed. The agents had been engaged by the company for around 19 years. As...
The Financial Conduct Authority (FCA) has obtained clarity from the courts, confirming that certain insurance policy wording did cover business interruption caused by the pandemic. The FCA brought a test case to resolve the lack of clarity and...
Albert Einstein once said “in the midst of every crisis lies great opportunity” and this applies to the buying and selling of businesses. Buying an insolvent company provides an opportunity for buyers to enter a new sector or expand their...
Whilst we all hope the Covid-19 pandemic is in decline and that we will not see a return to lockdown at national level, the threat of a second wave still remains. So, if your business is about to take a lease of premises or you are already in an existing...
In the modern internet and smartphone society, the value of data has never been more valuable and the collection, storage and access of such data in databases is key to many businesses. Mobile applications and websites which track users' data can be used...
The Department of Health has conceded that its test and trace programme was launched without carrying out a privacy impact assessment, a requirement of article 35 of the GDPR 2016. Article 35 requires that where a type of processing, taking into...
This Act came into force on the 26 June 2020. The Government has been looking at amending the Insolvency Act 1986 ( “1986 Act” ) for some time now. Following the acceptance that the world was facing a pandemic, the Government announced it was...
In the UK and around the world, governments have announced a variety of measures to support businesses whilst COVID-19 lockdown restrictions and social distancing measures remain in place. Many businesses are facing commercial and practical...
As the country continues to be affected by the effects of Covid-19, I have been asked by a number of clients how they can continue to hold board meetings and effectively operate their company, whilst social distancing rules apply. Fortunately, there are a...
On 4 April 2020, the government updated its guidance for employers in relation to the Coronavirus Job Retention Scheme, which enables employers to claim for employee wages, up to specified limits. The updated guidance addresses office holders, company...
Video conferencing app Houseparty’s owner, Epic Games, has been accused of enabling other apps of those using Houseparty to be hacked. This accusation could have appeared through a commercial smear campaign. However, it made me think more...
In recent years, Enterprise Management Incentives (EMI) share options have become an increasingly popular way for owners of small and medium sized businesses to incentivise and provide an opportunity for employees to become shareholders. Therefore they...
The precautions being put into place in the United Kingdom to address the spread of Coronavirus (COVID 19) includes, requiring many people to work from home. Birkett Long is no different, our staff are now working remotely. I myself have now had to take the...
The government has released updated advice relating to the stamping of stock transfer forms, payment of stamp duty and the new measures put in place because of coronavirus. As you will be aware, when buying shares in a limited company the government imposes...
The UK government has recently announced guidance to contain the spread of coronavirus, advising that people should avoid pubs, clubs and theatres and stop all non-essential travel. With the impending disruption posed to businesses, from cancellation...
With the proliferation of social media influencers, the Advertising Standards Agency (ASA) are cracking down on advertising posts. Do your posts comply with the current guidelines? The ASA has just launched an easy to use flow chart to assist social media...
This is one of a number of questions I have been asked by a client about the impact of the coronavirus on supply chains. Our client manufactures car components in factories in China. It also relies on suppliers of sub-components and raw materials that are...
The world’s oldest known signature, from Sumeria (in modern-day Iraq), was added to the back of a clay tablet in circa 3100 BC. Fast forward to the 21st century, electronic signatures are now used as a popular and quick way to execute documents. Do...
There are a number of circumstances where directors can be subject to personal liability arising from their wrongdoing while managing a company. These can include: breach of duties under the Companies Act 2006 wrongful trading under the Insolvency Act...
Birkett Long opened its Basildon office in 2011. With offices already in Colchester and Chelmsford, it may not be immediately obvious why Basildon was chosen as a location for the firm’s third office. Basildon isn’t typically thought of as an...
While Brexit continues to make the headlines, there have been major developments in the field of alternative dispute resolution, also known as ADR. The Civil Justice Council published its ADR and Civil Justice Final Report which outlined the ways ADR is...
Yes, we are talking Brexit again, but not entirely. With Brexit practically upon us, businesses up and down the country might find themselves in unchartered waters wondering how easy or difficult it will be to get out of contractual obligations when the...
Business owners have no problem organising business insurance to protect themselves against known potential risks, yet not all shareholders choose to protect themselves against the known risks involved in owning shares in a company. With all the day to day...
Our Commercial & Corporate Finance Team has seen an increase in new clients experiencing difficulties following the death of a shareholder, whereby the deceased’s shares are being passed to their relatives. Business owners have been seeking our...
On 26 August 2018, the Government announced its proposals to make extensive changes to the insolvency legislation currently in force within the UK. These proposed changes form part of the Government’s focus on “delivering a strong business...
The Court of Appeal has recently ruled on the inadequacies of a commercial lease, which has sent a message to all landlords and tenants about the risks of an improperly drafted lease. In the case of J N Hipwell & Son v Szurek , Mrs Szurek, the tenant,...
Recent research published by YouGov has revealed that if workers had a choice they would prefer their working day to start and finish earlier, rather than work what has become the conventional ‘9 to 5’ pattern. This is not surprising in view of...
In response to last year's Taylor Review into working practices, the government has promised an overhaul of employment rights to improve conditions for those in the gig economy. The Business Secretary, Greg Clark, said the measures would "address...
In October 2017, the Department for Work and Pensions and the Department for Health published a review of mental health and employers. The review was written by Paul Farmer (the chief executive of Mind) and Dennis Stevenson (the former HBOS chair). They...
This week both Tesco and Sainsbury’s announced changes to their business models which included a high number of job cuts; but what does this mean for those employees who now face the potential prospect of losing their jobs? Given that the number of...
Advertising on non-broadcast platforms, for example; online and print, is governed by the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (“CAP Code”). The Advertising Standards Association (“ASA”) has...
With increasing numbers of companies becoming insolvent, those on the edge financially may well be wondering if there is anything they can do to stop themselves from falling into the abyss. According to statistics from the Insolvency Service, corporate...
While the GDPR will be directly applicable in all EU members states with effect from 25 May 2018, a new Data Protection Bill announced in the Queen’s Speech has started its route through parliament. The Bill will replace the Data Protection Act...
Businesses should protect themselves with a review of restrictive covenants regularly, to make sure they are appropriate to the role which the employee is carrying out. Businesses often put restrictive covenants and non-compete clauses in contracts of...
A TV ad for American Express seen in April 2017 contained a voiceover, part of which claimed that the American Express Platinum Cashback Everyday Credit Card provided 5% cashback on all purchases. Two Complainants challenged that claim on the basis...
The Government is ramping up its visibility of this new law. Failure to comply with the General Data Protection Regulation could result in your business receiving a heavy fine. Businesses that deal with consumers need to: 1. Be aware that their...
On 12 April the Transport Secretary, Chris Grayling, announced the long-awaited decision on the preferred route for the new Lower Thames Crossing, saying that it could create more than 6,000 jobs and boost the economy by more than £8 billion. The new...
Companies House has revised its guidance on confirmation statements, clarifying that if a company is filing its first confirmation statement and hasn't previously filed a new style statement of capital (after 30 June 2016), it must file a full statement...
"A standout name in Essex" quoted by Legal 500 2016 for Birkett Long! This year has been a great success for Birkett Long, 3 of our partners have again been ranked as "Leading Individuals". These are Claire Read, Head of Wills, Trusts...
While it is now clear that the UK must do more to create its own energy, there is no consensus as to how and where this energy should be produced. Each possibility poses its own concerns – has ‘fracking’ been suitably tested? What if...
I see that the Government has stated that the moratorium exempting businesses with fewer than 10 employees from new regulations will be extended to firms with up to 50 staff, and will continue beyond 2014. Firms will also be exempted from new regulations if...
7 March was not only the day that the game Monopoly was invented, it was the day that Birkett Long held its first in a series of green breakfasts. 7 March 2013 was our first ‘green’ breakfast in Chelmsford where our team leader David Rayner and...
In line with previous statements on this issue the UK government has categorically stated that businesses should not be placed under any further commitment to appoint dedicated data protection officers that they would have had to under a new EU data...
The recent iCloud failure which caused an outage for many has highlighted the rise of ‘cloud’ providers such as Google and iCloud and calls into question how robust and secure this new method of storage is. ‘Cloud computing’ was...
