Blog posts - contracts agreements

The failure of Greece to form a government following elections has led to many believing that a Greek default and exit from the Eurozone is now more likely than not. If this happens, then it is probable that other countries in difficulty, such as Portugal, Italy and Spain, will soon follow, and poss...

The Disability Discrimination Act (DDA) came into force in October 2004. Many people have assumed that it deals only with how disabled people access buildings and services. But it does in fact also apply to the accessibility of websites. Web owners and designers should be aware that they are highly ...

The Government has announced plans to begin a major cut back of health and safety red tape. It will begin an immediate consultation on the abolition of large numbers of health and safety regulations and intends to have removed the first rules from the statute book within a few months. It seems David...

The new regulations relating to cookies which came into force last year basically requires website owners not only to provide information about cookies they use and a mechanism to opt out, but to obtain consent from users of the site before a cookie is used. The only circumstances where this does no...

In my last blog (Website owners are warned by Information Commissioner) I mentioned that the ICO had issued updated guidance on compliance with the new cookies regulations introduced last year. This new version of the guidance is much more detailed than the original version and, along with the repor...

Whilst most of us were preparing for the Christmas and New Year festivities, the Information Commissioner issued his half term report about the preparations for complying with the cookie regulations which came into force last year. Details of those new regulations were given in my blogs at the time ...

Businesses are constantly juggling resources to survive and grow. One of the decisions they have to make is when to take legal advice when entering into contracts. The reason they may choose to do without advice is the perceived cost. But the consequences can in many cases be more costly than the in...

With all the criticism and praise of David Cameron using his veto at the EU last week, as an expert in resolving commercial disputes, I know that sometimes walking away is the right thing to do. In negotiations and mediations, one of the ‘killer’ tactics available is the threat of walkin...

If you’re an e-commerce solutions provider or a website developer, there are now various aspects of law and regulation you need to be aware of. Of course, all businesses have things to watch out for but arguably e-commerce business has more to watch out for than most. As an adviser, often to t...

There are many misconceptions, often by ‘experts’, on the real legal and practical implications of selling over the web. Do bear in mind that, if you sell over the web, you are bound by any terms of business just as much as if they are on the back of an order form. Because web sites are ...

The only people who needn’t read any further are those who are the sole shareholder in their company - unless you might be issuing shares to someone else at some stage, in which case carry on so that you will be prepared. Everyone else should have a shareholders’ agreement in place. Read...

Navigating my way around Linked In recently I spotted a question in one of my groups which highlighted a real misunderstanding about the important issue of copyright. From the answers given I suspected the questioner would be no clearer, as many seemed to be contradictory. So I thought I’d ded...

There’s no escaping the law just because you’re trading on the Internet. If anything, you need to be more cautious and really understand the rules of contract law so that you don’t make expensive mistakes. Many people have no idea when a contract is actually made. Trouble can come ...

When we draw up contracts intended to limit liability for our business clients, we normally suggest that our clients either: Check their present business insurance covers the work anticipated in the contract Or get a quote to ensure they are covered. “So, what’s the point of a contra...

Despite initiatives such as the government’s Red Tape Challenge , all businesses seem to have increasing amounts of red tape that they have to comply with in order to keep on the right side of the law. Solicitors certainly aren’t immune – in fact we are affected by a whole new set ...

One of the consequences we have seen as a result of the current recession is a rise in the number of people who have come out of employment and set up as independent consultants in their chosen field. You may be one of them. If so, then you will also have had a whole range of issues to deal with fro...

It is quite often the case that the most valuable assets of a business are its intellectual property such as trademarks and copyright, but do not overlook the important value of trade secrets. Trademarks and copyright are out in the open, and any infringements can be protected by appropriate court a...

Working with a lot of IT companies and web developers I’ve realised over recent years how many leave themselves open to potential legal difficulties. It goes without saying that most modern businesses rely heavily on their IT systems to run their business and on their websites for showcasing t...

There are certain things all businesses can do to right now to reduce the possibility of litigation arising (even years before you have a dispute). And they just happen to be the same things that will reduce your legal costs if litigation does occur, and also make it more likely that you will win. G...

Any business owner who’s been approached by a potential investor or partner is always initially pretty flattered. It’s great to have someone else show an interest and see the potential of your business. But if you’re talking to a potential investor, partner, licensee, buyer or supp...

More than you might think and yours might be one of them! Now I’ve got your attention, let me explain. Every website should have a set of policies, designed to protect you and also the visitors to your site. If you sell products or services via your website, the requirement is even greater; no...

It never fails to surprise me how many small businesses appear to have been misinformed when it comes to how they use their standard terms of business. I’ve seen them printed on the reverse of an invoice, included with a delivery note, even a payment reminder. If you have gone to the trouble o...

It has been a shock to many to receive a demand for compensation for unlawful reproduction of images, such as photographs and other artistic and design work. Usually this comes in the form of a written demand from a stock image house such as one of the world’s biggest agencies Getty Images, wh...

I talked in an earlier blog (New rules on the use of cookies) about the new rules affecting website owners which came into force on 26th May 2011. Since writing the Information Commissioner’s Office (ICO) has provided a little more clarity about how the new rules will be policed. The good news...

Details about new rules on the use of cookies by website operators have recently been published. There’s not much time to get to grips with them as they come into force on 26th May 2011. Initial guidance from the Information Commissioner’s Office (ICO) issued only last week provides a fe...

The age of emails has blurred the boundaries of what is a contract and what is not. It’s very easy to fire off an email quickly, but do you realise that such an email has the same status as a proper legal contract? Without expert legal input and advice on terms, businesses could be leaving the...

Acts of war, extreme weather conditions or a terrorist attack might seem like good enough reasons not to be held to deadlines or the precise terms of a contract. But this is not always so. Volcanic ash clouds, prolonged severe winter weather and flooding, the terrible impact of the earthquake, resul...

If you run an e-commerce business and sell goods online new EU rules could have a significant impact. The rules in question would be under a planned EU Consumer Rights Directive which concerns contracts for the sale of goods by businesses to consumers (B2C). The draft Directive is not a new proposal...

Business owners often dismiss the need for formal contracts with their customers or suppliers, seeing them as a barrier to getting on with their day-to-day activities. But maybe if they viewed them as a form of insurance their opinion would be slightly different. Business people often say to me that...

What surprised me most about the news story of MP Phil Woolas losing his seat for lying is the number of politicians who came forward to say that lying is just a part of the “rough and tumble” of electioneering. Do we, as a society, really think it’s OK to lie in public? As a litig...

The costs of the Icelandic volcano which bought UK airports to a standstill over the past weeks are still being counted. Not only were travellers affected but also all businesses engaged in importing and exporting goods by air. Ryanair tried and failed to renege on their contractual duties by claimi...

I was fascinated to read Emma Wimhurst’s article in the Independent small business section. Her views are, to say the least, controversial:"We’re all fed up with the R-word, but I believe the economic downturn has done many business owners a favour. It’s grabbed us by the prof...

To help business owners and managers prevent and manage commercial disputes law firm Cousins Business Law has published a free guide entitled “The Definitive Guide to Solving Business Disputes”. The guide stresses the significant cost to business of badly managed disputes and provides pr...

In the wake of anti-terrorism and laundering initiatives and in response to the growth of cyber crime, Companies House is attempting to help company directors bolster their protective armoury. Two initiatives should be of interest to any company that wishes to protect itself against company hijackin...

Data Protection sounds, understandably, a very boring - some may say largely irrelevant - subject to small business owners. But it can cost you many thousands of pounds to ignore it. Many business owners are not aware of the effect the Data Protection regulations may have on how much they can sell t...

According to a recent Nat West Bank Survey 82% of SMEs now use email – up from 14% in 1996. 50% of businesses now have a networked system and access to shared files and information and of the 2/3rds of businesses that have a website 20% of them take payment on-line. All of this is great news f...

I am sure that all buyers (and most sellers) will want to make sure that goods sold are of satisfactory quality and do the job intended. But what is the remedy when things go wrong, for example the steel supplied is not up to the job, the cattle food makes the cattle ill, the computer does not ...

In the past 2 weeks I have been the victim of large scale internet fraud on 2 credit cards, and so I have taken a keen interest in liability and in ways to protect against future fraud. I have been very careful to use only on line stores who encrypt customer details, but fraudsters have still manage...

The latest issue of the Cousins Business Law ezine with a feature article entitled 'Should you rely on a gentleman's agreement'  is generating lots of interest.  It is amazing how many business owners and managers fall foul of the fact they didn't have the details of a commercial deal ...

The Government is considering reducing the time limit for debt collection from 6 years to 3 years.At the moment, firms have 6 years in which to issue court proceedings to collect debts. This is set to change and an announcement is expected to be made in the Queen's speech to Parliament in December.W...