Articles

  • 07th Aug 2017

    We are delighted to announce that Fortune Law's founder Shainul Kassam has been shortlisted as a finalist in The 11th Annual PRECIOUS Awards in the Business of the Year category, sponsored by Santander.

    Congratulations Shainul!

  • 14th Jul 2017

    When Shainul Kassam hit a glass ceiling early on in her career, she didn’t let it stop her. Instead, she signed a lease on a West End office and set up her own business. Find out how Fortune Law was born.

  • 03rd Jul 2017

    The National Diversity Awards 2017 shortlist has been announced and Shainul Kassam of Fortune Law has been confirmed as a shortlisted nominee.

    Shainul commented: "Lovely start to a Monday - a massive thank you to everyone who voted for me for the National Diversity Awards - I have been shortlisted in the Entrepreneur of Excellence category. There are 7 amazing individuals in my category and 122 shortlisted candidates in total. Given there were 22,000 nominations in total this is so very special."

  • 21st Jun 2017

    Come join our exceptional team!

    We are a boutique law firm based in London’s West End and our key focus is on company and commercial law.

    Due to increased demand, an exciting and unique opportunity has arisen to help us build and grow our company restoration and company secretarial offering.

    We are looking for a bright, personable, enthusiastic and proactive individual to join our busy team.

  • 07th Jun 2017

    Everyone here at Fortune Law was very proud to hear founder Shainul Kassam interviewed on BBC Asian Network on Monday this week, after being shortlisted for the We Are The City Rising Star Awards. 

  • 06th Jun 2017

    The beginning of a founder’s journey is the most exhilarating and often the most challenging.

    For many founders, the decision on how to best structure their business and put into place key legal documents often doesn’t come until much further down the line, sometimes only because an unexpected legal issue or problem has arisen.

    We see those problems on an almost daily basis. We know that often a figure for legal services hasn’t made the cash flow projections. We know that being prepared always costs less but we also know that the capital isn’t there to get it all right from the get go. 

    Having spent far too many hours helping founders and small businesses unravel contractual headaches as a result of using documents that were not fit for purpose or attempting to claw back IP or shares which were given away unwittingly, we decided to be proactive and develop a sensible and commercially viable way for businesses to get access to the commercial law they really need. Last month, on April 22 we kicked off with the soft launch of our  “Legal Bootcamp for Entrepreneurs” in collaboration with The Budding Entrepreneur Academy. 7 topics, 2 experts, 1 day. With the help of 11 founders we brought  key areas of business law to life and worked to design and develop outstanding boot camps for future entrepreneurs.

  • 05th Jun 2017

    I am delighted to welcome Akbar Sher Khan to our corporate team.

    Akbar is a dual qualified solicitor having also been admitted to the New York Bar.

    He is currently studying for his MBA at Imperial College Business School and his focus will be advising our clients on corporate and commercial matters.

  • 22nd May 2017

    The sun was our best friend on Monday as we strolled through some of London's green and verdant parks, caught a glimpse of the Queen being driven home, gave a cabbie who had broken down at Hyde Park Corner a helping push or three, met old friends, made new ones and helped raise lots of money for #accesstojustice. 

  • 15th May 2017

    We are very proud to let our followers and friends know that Fortune Law's founder Shainul Kassam has just been shortlisted in the Entrepreneur section of the We Are The City's Rising Star Awards.

    You can cast your vote here https://lnkd.in/dt7mGpC for Shainul.

  • 11th May 2017

    Team Fortune Law are once again entering the Legal Walk in London, a fantastic walk through London’s Parks at the height of the Spring Season.

    You will be walking with the Lord Chief Justice and thousands of other Lawyers, their clients and friends.

    Date: Monday 22 May from 5.30pm in London. Starting -Point: Carey Street WC2 next to the Law Society.

    The walk ends at the Law Society (indoors) and at the street party in Carey Street / Bell Yard Our Virgin Giving Page is here http://bit.ly/2qnlIUr raising funds for the London Legal Support Trust, which funds Law Centres and pro bono agencies.

  • 02nd May 2017

    We're proud to announce that Shainul Kassam, founder of Fortune Law, has been nominated for the 2017 National Diversity Awards, in the Entrepreneur of Excellence category.

    The Entrepreneur of Excellence Award recognises individuals who have best demonstrated managerial expertise in assembling resources, creating an organisation, decision making under uncertainty, being forward looking, and creatively solving problems.

    The concept for the National Diversity Awards arose when The Diversity Group identified an urgent need for more positive role models to be actively promoted, with the aim to empower and inspire the wide breadth of diverse communities across the UK.

  • 27th Apr 2017

    This month we focus on three entrepreneurs who have successfully launched and continue to grow their businesses in a range of sectors and who also happen to be women.

    As Sheryl Sandberg, says “In the future, there will be no female leaders. There will just be leaders”. We are proud to be able to represent these formidable founders who have shown us that despite obstacles thrown in their path they have demonstrated the necessary grit, drive and determination to overcome them and are willing to share the challenges they have faced to help inspire others.

    Meet Ksenia, Najwa and Helen. 

    We asked them, “what is the biggest obstacle you have overcome in business”? 

  • 27th Apr 2017

    As you know, March 8 is the globally celebrated International Women’s Day. The theme this year was #BeBoldForChange.

    This global event which traces its roots back to the early 1900s celebrates the achievements of women while calling for gender equality. Over 100 years later full gender equality, despite many inroads, is still out of reach. This lack of equality does not relate solely to the workforce and equal pay and data shows that there is much work to be done to improve women’s rights in education, healthcare and as victims of violence.

  • 27th Apr 2017

    Hijab Case G4S v Achbita and Bougnaoui

    Earlier this year, the European Court of Justice (ECJ), for the first time, ruled on the issue of non-discrimination at work based on religious grounds. The ruling is arguably controversial and has been widely reported.

  • 01st Mar 2017

    Fortune Law was once a start-up, and 12 years on we continue to have the same passion for what we do as the day we started. As you might expect, we are also committed to helping other start-ups build, grow and protect their businesses on a daily basis.

    Experienced business owners will appreciate the importance of getting the right advice at the outset. That’s also been our experience and in order to help get fledgling businesses off to a good start we have partnered up with The Budding Entrepreneur Academy to run a series of legal boot camps for their members covering business law in bite sizes and to a sensible budget.

  • 10th Feb 2017

    On 22 February 2017 we are hosting the Great Legal Bake at 17 Hanover Square (Pyramid Room)!

    Following the fantastic response to our 2016 bake, at Fortune Law we are once more baking to raise money for the London Legal Support Trust (“LLST”). For the poorest and most vulnerable people in our community, access to justice is out of reach. LLST helps thousands of people in London and the South East receive free legal advice which makes a huge difference to their lives. 

  • 01st Jan 2017

    The Company Formations Roundtable 2016 features five experts from around the world, including Fortune Law's Shainul Kassam, who outline the current landscape in their jurisdiction with reference to the latest regulatory changes and interesting trends and developments.

  • 22nd Dec 2016

    A special thank you goes to all of our clients, colleagues and business friends who have supported Fortune Law’s charitable contribution in 2016 to the Great Run Kenya – “Petrolheads with a Cause!”

    The Great Run Kenya is a 2-day mid to long distance driving event through the Maasai Mara, this year with 46 vehicles driving in convoy (most of the time) in order to raise funds for the Olmalaika Childrens’ Home. Olmalaika aims to educate and protect young Maasai girls between the ages of 7-15 years, who find themselves at risk from FGM and/or childhood marriage.

  • 07th Dec 2016

    Entrepreneurs in UK Tech have everything to play for

    While the full impact of Brexit is still unknown, the UK continues to be the main destination for “tech talent”.

    Tech Crunch is the world's leading authority in debuting revolutionary start-ups, introducing game-changing technologies, and discussing what's top of mind for the tech industry's key innovators.

    Fortune Law attended Tech Crunch’s ‘Disrupt’ event in London, to learn more about investors’ and entrepreneurs’ future strategy in Europe’s start up ecosystem, following Brexit.

  • 01st Dec 2016

    This Thursday, December 1st, our founder Shainul will be travelling to Kenya with her husband and two young boys to take part in the Great Run - an epic journey through the Masai Mara raising funds for charity.

    The Great Run, a long distance endurance driving event in Kenya, was co-founded by Motor Trader, Auto Art and the Motoring Press Agency. The drive brings together passionate motoring enthusiasts owning exotic, tuned or unusual vehicles. The open format of the Great Run’s entry qualifications however ensure that any vehicle from the cheapest hatchback to the most expensive exotic can join in. The most important attribute is attitude.

  • 07th Oct 2016

    Mediation Awareness Week will be taking place this month across various locations in the UK and we believe everyone should know more about it.

    As a commercial law firm, we spend significant time advising, negotiating and drafting contracts. However, we have noticed a significant growth in contentious work with more shareholder, partnership and employment disputes coming through our doors. In particular, conflict situations arising between parties with long standing relationships such as old school friends, families and ex colleagues. When things go wrong, individuals, perhaps ill equipped to handle both the legal and emotional consequences of a fall out, may go on the offensive or create walls of resistance deepening the conflict. This has cost implications as parties become more entrenched and litigation appears inevitable.

  • 06th Jun 2016

    There is less than a month to go until the Referendum. Are you In or Out or still sitting on the fence?

    The decision is far from easy and so much remains unclear. See this article for some handy links setting out of some of the arguments for and against - we have also compiled some key points from a keynote speech given over lunch last week by  Mark Beresford-Smith, the global head of economics for HSBC UK commercial banking.

  • 04th May 2016

    In this article we focus on legal disclosure, the recent changes brought in by the Small Business and Enterprise and Employment Act 2015 and possibly the worst data leak in history (bigger than Wikileaks), courtesy of a global law firm.

    The Panama Papers comprising circa 11.5 million leaked documents revealed the extensive use by wealthy individuals (including twelve national leaders) of offshore tax regimes.

    Already, we have witnessed the resignation of Iceland's prime minister and the unprecedented release of PM David Cameron's tax returns.

  • 28th Apr 2016

    The Small Business, Enterprise and Employment Act 2015 which received Royal Assent in March 2015 brings many changes for companies, limited partnerships, their boards and stakeholders.

    This month saw the coming into force of requirement to keep a "PSC Register". The People with Significant Control (PSC) Register requires all UK companies (other than publicly traded companies), LLPs and Societates Europaeae (SEs) to identify and record the people who own or control their entity. 

  • 12th Jan 2016

    Businesses are built not only on good products or services but the quality of human capital, that is, the knowledge, competence, habits and values of those with whom you work or manage. 

    Successful relationships are built on trust. Instinctively we all know trust is key in business as well as life in general, but why? Because although there are exceptions to the rule, people as a whole are basically good and behave in a certain and predictable way. Society as a whole cannot function unless individuals are able to rely on each other whether in sport, friendship or business. You cannot continually be second guessing everyone whom you have dealings with.

  • 14th Oct 2015

    Two ex-wives have won a Supreme Court battle to set aside their divorce settlements due to non-disclosure, in a decision that lawyers say shows dishonesty will not be tolerated in the family courts.

    In an outcome that is likely to have a wide-reaching impact, Alison Sharland and Varsha Gohil were today both granted the right to challenge their divorce settlements after the Supreme Court unanimously found that their husbands misled the courts in the original hearings.

  • 28th Jul 2015

    Banya No.1 www.gobanya.co.uk

    Banya No. 1 is a traditional Russian spa. For those who have never experienced a real banya, unlike conventional saunas, a Russian banya generates high levels of steam as water is splashed onto a tonne of cast iron heated to 700◦C inside an authentic brick furnace.

  • 28th Jul 2015

    Precision Refrigeration - www.precision-refrigeration.co.uk/

    Now that the temperature is soaring to extreme levels (our one complaint is having to be indoors) water bottle coolers and Bradley Cooper are the only thing on our minds. 

  • 26th Feb 2015

    Picture courtesy of www.swiss-image.ch. Berrahri pictured far side on his way to victory.

    This is a focus on our clients Nikolai Dyshaev and Ksenia Dyshaev-Jones of Eyehorn Farm, an equestrian centre with first class facilities which has recently collaborated with John Best, expert racehorse trainer (www.johnbestracing.com).

    We were lucky enough to spend time at Eyehorn recently to witness firsthand the legendary horse whisperer Gary Witheford and his son Craig starting out yearlings by stallion Mullionmileanhour and Arabian Gleam.

  • 07th Jan 2015

    This month has seen the government bring in legislation to increase some court fees by over 600%.

    The House of Lords approved the motion to implement the Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015, meaning that 9 March 2015 saw dramatic fee increases, much earlier than had been anticipated.The Order means that for claims worth £10,000.00 or more, the new fee will be 5% of the value of the claim, capped at a maximum fee of £10,000.00.

    Our featured partner is the ADR Group who are a leading authority in mediation and other dispute resolution techniques and who provide cost-effective, professional dispute resolution for businesses, the workplace or the family.

  • 05th Dec 2014

    Employers must include overtime worked when calculating workers' holiday pay according to the new ruling of the employment appeal tribunal (EAT).

  • 04th Dec 2014

    Conflict in the workplace can be caused by various factors, including poor management, poor communication or poor work environments. It is the role of the employer to minimise the company's exposure to the risk of conflict, and the manage conflict effectively if it arises.

     

  • 28th Aug 2014

    The government has, this week, published 40 new apprenticeship standards, intended to be "more rigorous and responsive to the needs of employers", and covering a range of industries from accountancy to journalism.

  • 23rd Jun 2014

    Whilst many employers will be granting pre-booked holiday time off for employees to watch games or leave work early and watch the games as an exception, ACAS (or the Advisory, Conciliation and Arbitration Service which is the public body that provides information, advice and other services for employers and employees to prevent or resolve workplace problems) has issued specific World Cup guidance for employers on requests for annual leave, sickness absence and website use during working hours:

  • 30th May 2014
    You may be aware that at Fortune Law we have specific expertise in company restorations. There are a variety of reasons why a company needs to be restored to the register including recovering money in a frozen bank account or transferring property out of the name of a dissolved company.

  • 29th Apr 2014

    Q What are the execution requirements for a Canadian company entering into a deed under English jurisdiction?

  • 09th Apr 2014

    A charge is one of the methods of taking security recognised by English law. In daily business life it is common for corporate entities to give security to lenders over their assets either by way of mortgage, lien or charge.

     

    • 24th Nov 2013

      You have most likely seen Theo Paphitis and the other Dragons from the Den on TV recently, or heard them on the radio, informing us about changes being made to workplace pension schemes across the UK. The gist of the message is that employees will be automatically enrolled into workplace pension schemes in what is being classed by the Government as the biggest reform to saving for retirement for over a century.

    • 19th Nov 2013

      A company can apply to be struck off the register and dissolved, if the directors believe the company is no longer needed. Some companies that are dormant or non-trading choose to apply for strike off, as the filing of statutory documents can often be an inconvenient and lengthy process, especially if the company is dormant. If these documents are not filed on time, then the Registrar of Companies has the power, under section 1000 of the Companies Act 2006, to strike the company off.

    • 15th Apr 2013

      A Trade Mark refers to a sign which is used by individuals and companies wishing to differentiate their goods from those of other traders. It is a way of saying "this is mine". Popular brands are memorable as a result of a captivating name, slogan, image etc. Trade Marks are strongly linked to branding. A brand provides the consumer with reassurance as to the quality, price, and origin of the product. Brands communicate information about the product.

    • 10th Apr 2013

      If you want to protect your businessTrade Marks internationally, a different route needs to be be taken. There are generally three options:

      • Register the Trade Mark individually in each country
      • Apply for a CTM at OHIM which covers all member states of the EU, some 27 territories.
      • Apply under the Madrid Protocol, which covers all contracting states specifically designated by the applicant.

    • 05th Apr 2013

      Specsavers owns several registered Community Trade Marks for the word mark "Specsavers" and its logo, with and without the wording. None of the marks was registered in any particular colour but, in practice, Specsavers uses the logo in a particular shade of green.

    • 14th Mar 2013

      Completion of a transaction is most often a real cause for celebration. The journey however can also often have been a complex one and it is very important to make sure that the small print has been carefully checked in advance to prevent any unforeseen complications. Whether you are completing on a lease, transfer of shares or a property, there are some key issues which need consideration in order for the transaction to be as successful and as seamless as possible.

    • 14th Mar 2013

      The Enterprise Investment Scheme (EIS) is designed to help smaller higher risk trading companies to raise finance by offering a range of different tax reliefs to investors who purchase new shares in those companies.

      EIS relief is available where a qualifying company issues new shares. The purpose of issuing these shares, and any others issued at the same time, must be to raise money for a qualifying business activity.

    • 08th Mar 2013

      In the case of Les Laboratoires Servier v Apotex Inc [2012] EWCA Civ 593 the UK court for the first time found itself having to quantify the loss to a generic pharmaceutical company for being denied the opportunity of being the first generic product on what had previously been a monopoly market for a branded product. The case also highlights the potential difficulties that can arise when a patent is found to be invalid in the country of sale, but the equivalent is upheld in the country of manufacture.

    • 07th Mar 2013

      If you are an employer you should be aware of the key issues that your business should consider when dealing with poor performance and, more generally, when dismissing an employee for this or other reasons. Failure to follow the correct procedures could have serious financial and commercial implications for your business, including unlimited damages in some cases.

    • 27th Feb 2013

      As we have seen in the news over recent months, insolvency remains a significant issue in our current economic climate. In circumstances when an individual or business has insufficient assets to cover their debts, or are unable to pay their debts when they are due, they are deemed to be insolvent.

    • 13th Feb 2013

      A situation in which an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site, business unit, function or job role is known as redundancy. Genuine redundancies occur when employees are dismissed because their job no longer exists.

    • 11th Jan 2013

      If you are a director of a private company, you may be required to hold an Annual General Meeting (AGM) once a year. This will depend on what your Articles of Association say and should usually set out the rules on how an AGM should be run and what matters should be dealt with. Although it is a formal meeting, it can also be a good opportunity to communicate with members, clients, partners and other interested parties.

    • 11th Nov 2012

      The number of people setting up their own businesses at the moment is unprecedented. For many, incorporating a limited company to operate as their business vehicle is the most sensible way forward. Using a company through which to conduct business offers principally, limited liability to its members. The company is then liable for the debts of the business and not the directors or members.

    • 14th Oct 2012

      Employment contracts set out the contractual rights and duties between an employer and employee and are usually signed upon hire. However, over time changes need to be made, these can relate to pay rises, bonuses, or other benefits either due to a natural progression in the specific line of work or due to various changes in legislation.

    • 25th Sep 2012

      You may have noticed an increase over the past couple of months in the number of messages that pop up on the homepage of websites asking you to accept or decline cookies for a better viewing/browsing experience.

    • 12th Sep 2012

      London Fashion Week has now closed its 2012 doors but reminded us that having a brand name is a valuable asset to have for any company. This is more particularly so in the fashion/luxury goods market where customer perception of what is "quality" is key.

    • 09th Sep 2012

      Most businesses nowadays have an online presence - namely a website. These can be developed on a shoestring or a big budget. Some businesses attempt to set up the website themselves and others hire experts to do it on their behalf. What many businesses don't realise when hiring a developer is that there are many contractual issues that must be considered in order for the project to have a successful outcome, shelf life and protect the parties involved.

    • 28th Aug 2012

      In recent times there has been a greater scrutiny about bribery in the context of corporate transactions and hospitality. Indeed we covered this in our article for the Law Business Review  (link is here.)

      Since large events tend to involve corporate sponsorship and corporate hospitality packages, what is permitted under the Bribery Act 2010 including possible sanctions have been key considerations for employers.

    • 19th Aug 2012

      Current Sunday trading law restricts large shops (those with a floor space of more than 280m²) from opening more than six hours on Sundays between the hours of 10am and 6pm. In readiness for the Games and in order to show the world that Britain is open for business the Sunday Trading (London Olympic Games and Paralympic Games) Act 2012 was fast tracked through Parliament and came into effect on 1 May 2012. This new legislation places a temporary suspension on the current rules permitting large shops to remain open for longer on the eight Sundays that fall during the London Olympic and Paralympic Games. This applies to all large stores across the country.

      If relaxation of the rules proves to be successful, this temporary change could be the first step towards a permanent change in the law.

    • 15th Jul 2012

      Having completed its recent review, the Financial Services Authority (FSA) recently announced that it has found "serious failings" in the sale of interest rate hedging products to SMEs. The FSA expressed particular concern about the inappropriate selling of complex varieties of interest rate hedging products (structured collars) as well as poor sales practices.

      In response to this, Barclays Bank Plc (Barclays), HSBC Bank Plc (HSBC), Lloyds Banking Group (Lloyds) and the Royal Bank of Scotland and National Westminster Bank (RBS) have all agreed to provide fair and appropriate redress where misselling has occurred.

    • 08th Jul 2012

      Banks in Canada continue to perform well despite the ongoing turmoil in Europe over rising debt levels and the economic uncertainty in the United States of America. Many banks have recently reported record profits since the 2008 global financial crisis, demonstrating the fact that Canadian banks are currently amongst the most stable in the world (see PricewaterhouseCoopers LLP, Canadian Banks 2012: Perspectives on the Canadian Banking Industry).

       

      With the banking crisis in the UK going from bad to worse, the Canadian banking industry certainly sets a good example of how things could be done.

    • 19th Jun 2012

      Contracts often contain express provisions to deal with the instance of a breach of contract. So for example if a business purchases a new server or office furniture, this would be considered to be a contract for the sale of goods and the contract may require the seller to make good or replace defective items.

    • 10th Jun 2012

      It is important for any prospective buyer or investor to know exactly what they are buying or investing in. Conducting due diligence is therefore an imperative process for a prospective buyer/investor to undertake when embarking on a significant investment. But what does due diligence even mean?

    • 18th May 2012

      Employee share option schemes are commonly adopted by many companies.

      Under such schemes, employees are given the right to buy a certain amount of shares usually at a future date, known as the 'vesting period', at a price or on terms agreed at the time the option is granted.

      Share options can offer many commercial benefits to both the employer and employee.

    • 04th May 2012

      In light of the current economic climate, many companies will be scrutinising existing relationships to ensure they are truly adding value. Many long-term contracts may not be as profitable as they once were or there may be better deals available. You may be considering renegotiating, or even exiting, unprofitable contracts or those which no longer meet the needs of your business. It is therefore important, perhaps more so now than ever before, that you understand how to terminate such contracts.

    • 25th Apr 2012

      This month, we continue our theme on the basics of Contract Law with an article on misrepresentation.  Businesses enter into contracts on a daily basis, and this is a term you should be aware of.

       

    • 12th Apr 2012

      Grosvenor and Derwent London plc have announced the establishment of a joint venture to carry out the redevelopment of a landmark West End site: 1-5 Grosvenor Place, London SW1.

    • 09th Apr 2012

      A recent interesting legal development revolved around the right of a hotel owner to choose the profile of his/her guests. In this case which was decided by the Court of Appeal, Mr and Mrs Bull ran a guest house in Cornwall letting single-bedded and twin-bedded rooms. They had said that they were practicing Christians and viewed the guest house as their home. They had operated a policy that only married couples could share a double bedded room. In fact their booking form explicitly stated: "Here at Chymorva we have few rules but please note that out of a deep regard for marriage we prefer to let double accommodation to heterosexual married couples only - thank you."

    • 20th Mar 2012

      Last month, we explained the different types of contractual term.  This month, we consider clauses which exclude or limit a party's liability.

    • 13th Mar 2012

      Specsavers owns several registered Community trade marks for the word mark "Specsavers" and its logo, with and without the wording.  One example appears below.  None of the marks was registered in any particular colour but, in practice, Specsavers uses the logo in a particular shade of green, as on the right.

    • 05th Mar 2012

      Businesses today use a variety of marketing methods, some of which are novel and cutting edge. Direct marketing, which is considered a more traditional avenue, can also be a cost effective way to reach your target customers.

    • 29th Feb 2012

      All employers need to be aware of important recent and upcoming changes to UK employment legislation.

    • 15th Feb 2012

      Whether you would like to set up a partnership or a company in the UK or a branch of an existing international company, you will need to take into account a host of legal requirements and provisions.

    • 07th Feb 2012

      Last month we explained how contracts are formed.  This month, we strive further to provide you with a greater understanding of Contract Law by discussing the different types of contractual term and in what circumstances they arise.

       

    • 23rd Jan 2012

      The case of London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 serves as a helpful reminder and fair warning about the law of prescription: this enables a person to claim a right where it has been exercised for 20 years, provided that such exercise is "as of right", i.e. not be exercised by stealth, force or permission.  The case concerned two hotels in the heart of Kensington.

       

    • 17th Jan 2012

      An agreement must have four essential elements to give rise to a contract and its respective obligations: offer, acceptance, consideration and an intention to create legal relations.  When you buy a newspaper, clearly these all exist in an instant; alternatively, for a large scale transaction there may be a lengthy negotiation resulting in an end contract.

    • 06th Jan 2012

      If you operate or intend to set up a website in the United Kingdom, you are legally required by the Electronic Commerce (EC Directive) Regulations 2002 ("E-commerce Regulations") to provide specific information on the website.

       

    • 16th Dec 2011

      At this time of year, if you're an employee, chances are you're hoping that all your hard work over the last 12 months has paid off (literally) and at the top of your Christmas wish list is a Christmas bonus.

    • 05th Dec 2011

      The case of The Whitbread Beer Company v Williams & Ors [1995] UKEAT 160 94 1003 is a good example of what employers and employees should not do at a work party at any time of the year.  Remember that whilst at a work party, you are still technically at work...

    • 29th Nov 2011

      The Immigration Asylum and Nationality Act 2006 ("Act") applies in relation to those starting work "under a contract of service or apprenticeship, whether express or implied and whether oral or written" (s25(b)) on or after 29 February 2008. This means that the Act covers employees, workers, apprentices and suchlike.

    • 14th Nov 2011

      Whilst discrimination is a critical factor in all employment matters, and indeed since the advent of the Equality Act 2010 (the "Act") in all areas of life, recruitment is one area in which organisations should be particularly careful.

    • 07th Nov 2011

      If you employ workers provided by temp agencies, the Agency Workers Regulations 2010 ("Regulations") will have a significant impact on your business.

    • 08th Sep 2011

      Given that litigation should be avoided if possible due to the cost and inflexibility of the court system (please see our guidance note above on The Anatomy of a Litigation Claim), the parties should consider (and the courts are keen to promote) alternative dispute resolution (ADR).

    • 16th Aug 2011

      Whilst hotels and nightclubs on islands all over Europe fill up with young holidaymakers and partygoers, those owners of licensed premises in the UK should also take a moment to consider their duties.

    • 29th Jul 2011

      Gyms are often criticised for practices which, at one end of the scale, are unfair and, at the other, undermine consumer rights, for example, a unilateral increase in monthly fees. 

      If you have ever tried to cancel a gym membership midway through its term, you may know how difficult some providers can be, despite offering a service which is supposedly good for your health.

    • 12th Jul 2011

      Now we are in the midst of summer, thoughts turn either to staycations or grand plans overseas in search of reliable sunny weather.   But what rights and duties do employers have when requesting, granting and refusing annual leave?

    • 24th Jun 2011

      As a business, you might want to scream and shout from the rooftops about how much better your goods or services are than that of your competitors, how much worse theirs are, or simply draw on similarities or equivalent qualities between them.

       

    • 16th Jun 2011

      It is well-established law that giving a bad reference can lead to liability for an employer. 
      A recent High Court case has now extended this.  Where a fallacious and untrue statement about an employee is made by an ex-employer to a new employer who, as a result, fires the employee, the employee can sue the ex-employer under the law of negligent misstatement.  This need not be in a recruitment context.

    • 02nd Jun 2011

      Social media would appear to be a never-ending revolution.

      Facebook, as at January 2011, had 600 million members and counting.  They spend 700 billion minutes per month on the site, second only to Google's traffic.*

      LinkedIn, as at March 2011, had 100 million users and it attracts another million every month.  Last year, there were nearly 2 billion people searches on it.*

      These tools are increasingly being used by businesses as platforms for growth in terms of marketing, sales, service and recruitment.  Whilst you might be one of them, eager for your employees to exploit these networks to forge customer and supplier relationships and promote your offering, it is essential to regulate their usage to maintain efficiency and protect your business.

    • 28th Apr 2011

      The Government will raise the national minimum wage later this year. This will affect staff contracts of employment at restaurants and all other businesses.

    • 20th Apr 2011

      On 5th April 2011 the Government brought into force an Order relaxing licensing hours to celebrate the Royal Wedding of our William and his Kate.

    • 12th Apr 2011

      Manfred Bog, a sausage and chips seller who sold his snacks from 3 mobile snack bars at weekly markets has last month secured a ruling from the European Court of Justice that he he is not obliged to charge the full rate of VAT.

    • 06th Apr 2011

      Restaurant owners (along with other businesses) have a legal responsibility to ensure that they produce, store, transport and dispose of business waste without harming the environment.

    • 25th Mar 2011

      You may consider that this topic does not affect your business. However, the Corporate Manslaughter and Corporate Homicide Act 2007, like health and safety legislation, has the potential to hold your business criminally liable for a failure to protect your employees and customers.  Are your health and safety policies up to date and do they cover all necessary activities?

    • 14th Mar 2011

      Terms and Conditions (T&Cs) are a crucial document for running your business.  They set in stone the relationship between you and your clients or customers and protect you in the event of a dispute with them.  T&Cs can define the exact nature of the goods and services you provide and precisely when you should get paid.  They can also provide flexibility to the parties so as to adapt the nature of the relationship in accordance with changing requirements.

    • 27th Jan 2011

      The recent case of Brandeaux Advisors (UK) Limited and others -v- Chadwick [2010] EWHC 3241 (QB) has provided a useful precedent regarding theft of confidential information by employees.

    • 19th Jan 2011

      In 2008, The Coca-Cola Company Limited challenged the registration of Coke Cola Limited as a company name on the basis that it would be likely to suggest a connection between the two companies.

    • 10th Jan 2011

      Was your New Year's Resolution to start your own business?

      Have you had an innovative idea which has the potential to earn you your first million?Perhaps you've handed in your notice (or perhaps it's been handed to you) and you're going to set up in competition with your old employer? 

      At Fortune Law, we provide a one-stop shop for all your start-up legal needs.  However you've arrived at this exciting juncture, there are many things you'll need to consider.  It is best to be prepared rather than be left telling everyone that "hindsight is a wonderful thing".

    • 20th Dec 2010

      The recent case of Nixon v Ross Coates Solicitors and another (UKEAT/0108/10) illustrates all too well the care that must be taken at the office party to ensure that the rights of all employees are being respected.

    • 08th Dec 2010

      As you will be aware, benefits given to employees are taxable in their hands, unless they are exempted by law or deemed not taxable because they relate to staff welfare and may be considered trivial in nature.

    • 26th Nov 2010

      The past few years have been a rough ride for many small businesses as consumption and credit have dried up and many have gone under as a result.  If your company is on the verge of insolvency, what are the risks for you as a Director?

    • 12th Nov 2010

      You've come up with a great idea and believe you have what it takes to make it as an entrepreneur.  You have time, ambition and a newly-incorporated company to exploit it.  What you lack however is the cash to fund the business.  You've missed out on this season's Dragon's Den and the bank manager hasn't been persuaded to give you a loan in the current economic climate.  All is not lost, however.

    • 03rd Nov 2010

      Despite attempts in both the UK and the USA, the previous owners of Liverpool FC, Tom Hicks and George Gillett, were unable to prevent the Royal Bank of Scotland (RBS) from selling the club to New England Sports Ventures (NESV) (the owners of the Boston Red Sox) for the tidy sum of £300million.

    • 27th Oct 2010

      As many businesses increase their online exposure with Facebook pages and LinkedIn profiles, a new company's starting point will generally be a website to market its offering and attract customers.  A domain name is a form of electronic address for that website.  The majority of you will own one and it will be a valuable asset of your business.

    • 14th Oct 2010

      The fact is that some of you may not have registered a trade mark which you use in the course of your business, whether to save costs or because you haven't found the time. You may not be aware, however, that you can still potentially prevent another's use of that mark.

    • 04th Oct 2010

      Back in 1976, Andrew Ainsworth of Shepperton Design Studios created the original Stormtrooper helmets and armour for use in Star Wars Episode IV: A New Hope.

    • 16th Sep 2010

      Numatic International Limited (Numatic) commenced High Court proceedings in May 2009 alleging that Qualtex UK Limited (Qualtex) threatened to place on the market a product which, if marketed, would, by its very appearance mislead consumers into thinking it was a Henry -one of Numatic's well-known vacuum cleaners.

    • 23rd Aug 2010

      The term "without prejudice" is frequently bandied about but what does it actually mean and under what circumstances can it validly be used?

    • 13th Aug 2010

      Business relationships both with suppliers and also internally with employees need to be clearly defined and understood by both parties to ensure that a business functions smoothly. Every business will face issues of some type or another but there are ways of reducing the likelihood of these.

    • 21st Jul 2010

      One of our existing clients, a furniture maker, faced problems with the way in which payments for his furniture was made. Our client had no written contracts but agreed orally with all of his customers to take a deposit of 10% for the goods and for the balance to be paid once the goods were delivered.

    • 12th Jul 2010

      Businesses are becoming increasingly aware of the advantage that design rights can give them over their competitors. Design rights can offer particularly attractive benefits over other forms of intellectual property rights; for example, speed and simplicity of registration and relatively low cost.

    • 23rd Jun 2010

      Businesses looking to the World Cup to boost profits should be aware of breaking copyright laws.

    • 17th May 2010

      You cannot have failed to miss the issues raised by the Icelandic ash cloud that has been looming over the UK and Europe for the past couple of weeks and resulted in the cancellation on hundreds of flights resulting in a loss of £2billion.