Kent Solicitors

If you are a business tenant in occupation approaching the end of your business lease and paying what you perceive to be an historically high rent, get your request for a new lease at current market rental as soon as possible.

Call Simon Scott on 0797 991 661 to discuss further.

Labels: lease business tenant rent

Unlike the old stamp duty which was a one-off payment due when a lease was granted, stamp duty land tax is an ongoing tax which may need to be adjusted throughout the term of the lease.

This means that someone taking an assignment of the lease needs to understand thoroughly the SDLT history of the lease to ensure that they do not inherit any unpleasant surprises.

Call Simon Scott on 0797 991 661 to discuss further

Labels: Lease term stamp duty land tax

Kaslers Solicitors LLP are pleased to announce the recruitment of Luke English to the Kings Hill based law firm to launch a new IP and Media Department.

Luke joins Kaslers with over 10 years London experience with the BBC, Walt Disney, PIAS and Wall of Sound in the world of media law, intellectual property rights, contracts and licensing.

Michael Breeze, Senior Partner at Kaslers, said, "with Maidstone Studios, the University of Creative Arts in Maidstone and the ever increasing popularity of music festivals in Kent, Kaslers was ideally placed to launch a new dedicated Department"

Luke English commented: "I am looking forward to applying my skills, drive and enthusiasm for the benefit of Kent based members of the creative arts. I would like to talk to Managers, Record Labels, Musicians, Actors, Actresses, Writers and Dancers who have got that "big break" but need legal advice on their contract from someone who knows the entertainment profession”.

Labels: Copyright intellectual property, media law

Kaslers Solicitors LLP are pleased to announce that they now have a specialist Road Traffic Accident department managed by Chris Lodge.

Chris can deal with any road accident claim, with or without injury, anywhere in the UK.

In almost all injury claims, the legal fees associated with the claim will be met by the insurers of the party responsible and the claim will be handled on a No Win No Fee arrangement.

Further information about road traffic accident matters and "no win no fee" arrangements please go to our dedicated website at http://www.car-accident-advice.co.uk/

Call Chris Lodge on 07850 255312 or call 0845 270 2511 to set up an appointment

Labels: no win no fee litigation, Road Traffic Accident

Many employers and their workers try to structure their relationship so they are treated as employer and self-employed independent contractor, rather than employee.

Clearly a genuine self employed independent contractor can send a long whatever workman/staff he likes to do the job and he is not obliged to render a personal service himself. A clause to that effect should appear on the contract, though this is not foolproof as a Court could hold it to be a sham. The self-employed status is much more likely to be upheld if a substitute worker is sent from time to time.

Employers should take advice on the employment law and tax implication of trying to structure their workforces as employees, agency workers and self-employed independent contractors.

Call Michael Breeze on 07 900 195 195 to discuss further

Labels: employed, independent contractor, self employed

We are pleased to announce that Vanessa Adamson has been elected as a Fellow of the Institute of Paralegals. Congratulations Vanessa!

Labels: Fellow of the Institute of Paralegals

My clients business has failed and he faces bankruptcy.

He executed an Enduring Power of Attorney (EPA) before 1st October 2007 and a Lasting Power of Attorney (LPA) in respect of personal welfare on 3rd October 2007. Are they affected?

(1) An EPA, whether registered or unregistered, is revoked if either the donor or any of his attorneys become bankrupt (Schedule 4 Part 1 2 (7) of the Mental Capacity Act 2005).

(2) As the LPA is in relation to personal welfare it is not revoked (Section 13 (3) Mental Capacity Act 2005).

If the LPA was in respect of property and affairs it would be revoked.

Please see the website of the Office of the Public Guardian at www.publicguardian.gov.uk and the Law Society's practice note for solicitors on Lasting Powers of Attorney.

Labels: bankruptcy, Lasting Powers of Attorney Enduring Powers of Attorney

Question:

I have designed a new unique / bespoke hinge for a potential customer to use on a new electronic cabinet. This customer is now trying to get other sources to manufacture this hinge and cut me out of the business.Do I have any legal rights? Design rights etc...?

Answer:

Unregistered Design Right (“UDR”) protects design features of shape and configuration of the whole or part of an article, provided that the design is not “commonplace” in the design field at the time of its creation.

UDR protects industrial designs and other designs, whether or not these designs appeal to the eye.

UDR is not acquired by registration, but is acquired automatically when a design is created.

In the UK, UDR lasts for 10 years from the year of first marketing.

In the last 5 years, anyone who wants a licence to use the design can have one, on terms set by the UK Intellectual Property Office (UKIPO) if the parties cannot agree terms.

To take action against an infringer of an Unregistered Design Right, it is necessary to satisfy a court that you are the owner of the design, and that the infringer has copied the design or a substantial part of the design (as opposed to having created a similar design independently.

Labels: Copyright intellectual property, Unregistered Design Right