Posted by David Filmer Jan 27th, 2012, in HD comment, Mergers and Acquisitions
We’re not out of January yet and already it would seem all those New Year’s resolutions we made to be more optimistic and positive have been broken.
January 16 was officially labelled Blue Monday (supposedly the most miserable day of the year) and it certainly felt like that as two leading economic forecasters, the Item Club and Centre for Economics and Business Research, gave downbeat predictions for economic growth. What’s the point?
The former went as far to say as it believed we were already in a ‘technical recession’ with GDP shrinking in the final quarter of 2011 and likely to contract again in the first three months of this year. Well thanks for ruining the mood.
While these organisations are well within their right to analyse the data, part of me can’t help wishing they would hold off giving their opinions until the official figures are released and we know the real picture. (more…)
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Posted by Shena Baron Jan 10th, 2012, in Divorce and Family Law

Three high profile break-ups at the beginning of January have once again demonstrated how the Christmas and New Year period almost always heralds an increase in the number of people filing for divorce.
A busy week or two at home with the family and in-laws can often act as a pre-cursor to relationship breakdown, perhaps because the greater amount of time spent together can cause conflicts to boil over, or just because a period of reflection away from the distractions of work can convince people it’s time to go their separate ways.
This time around singer Katy Perry and comedian Russell Brand have become the ‘cover stars’ of the New Year break-up season, after Brand’s lawyers filed divorce papers after 14 months of marriage.
Opera star Katherine Jenkins and TV presenter Gethin Jones also announced they are splitting up. The pair weren’t married but had been in a relationship for four years. (more…)
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Posted by Amanda Webster Dec 20th, 2011, in Dispute Resolution

Harrison Drury has helped a security firm challenge the compensation culture with a successful defence against a personal injury claim.
In the case we represented an established and reputable company which provides professional door staff to entertainment venues in the North West.
Our client was sued for compensation by the claimant, a solicitor in a personal injury firm no less, who alleged she had been knocked down and injured by one of our client’s door staff at a city centre bar in Liverpool while she was on an evening out.
The door staff and the manager of the bar who were working on the night in question had no knowledge of the incident. We investigated the claim thoroughly and were looking to find a credible alternative explanation to put to the judge at trial that showed that if the incident had occurred, it did not involve our client. (more…)
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Posted by Roger Spence Dec 19th, 2011, in Business Protection, Employment Law

Employers should beware of tough new anti-bribery laws when giving or receiving corporate gifts this Christmas.
The Bribery Act affects everyone from global businesses to individuals, prompting the Royal Mail’s recent warning to postal workers to refuse Christmas gifts worth more than £30.
Roger Spence, head of Employment law at Preston-based Harrison Drury Solicitors, commented: “This will be the first festive season to be affected by the Act, which makes it illegal to offer or receive bribes, and to fail to prevent bribery.
“Christmas is high season for corporate hospitality and giving. Despite the downturn, some businesses might be tempted to splash out to keep key customers on board, and a number of grey areas make this a risky undertaking.” (more…)
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Posted by Rachel Conroy Dec 2nd, 2011, in Wills, Probate and Trusts

A Deed of Variation (sometimes called a Deed of Family Arrangement) enables the beneficiaries of a deceased person’s estate to alter the distribution of the estate.
A Deed of Variation (DOV) can be used by one beneficiary to redirect their share of the estate or by all of the beneficiaries jointly to alter the distribution of the entire estate.
The DOV must be completed within two years of the date of death and all of the beneficiaries who wish to vary the distribution of their gifts must be over the age of eighteen years and of sound mind.
If any of the beneficiaries are aged under the age of eighteen years it may still be possible to complete a DOV but an application will have to be made to the court for consent. (more…)
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Posted by David Filmer Nov 23rd, 2011, in Business Protection

The ownership and right to use intellectual property is an increasingly important consideration as businesses seek to gain a competitive edge.
Where a product is protected by intellectual property, this can assist when trying to take it to market and to exploit it commercially.
However, where value is involved, disputes can all too often occur as to who actually owns the intellectual property in any such item, and without clear documentation put in place in advance, it is all too easy to end up in costly litigation to try to determine the rightful owner.
Many such problems can occur around the area of copyright. Copyright is a right which occurs automatically when anybody creates something, whether that is a book, a work of art, a piece of music, or computer software. Once an idea is set down and crystallised, copyright arises, and it is this automatic nature which can lead to dispute. (more…)
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Posted by Colin Fenny Nov 17th, 2011, in Dispute Resolution

A recent commercial dispute I was involved with demonstrates the value of being prepared to pursue a claim and not to be put off by repeated denials and delaying tactics from the other side, especially when it comes to dealing with insurers
The case involved water damage to a commercial property in Lancashire, which was caused by preparatory work on a neighbouring building site.
Our client purchased a former railway tunnel which he was intended to use for storage, which began taking water when a housing developer removed the topsoil from nearby land to begin work on new housing.
The leaking water caused a major nuisance to my client’s business and caused significant damage to the property. We therefore submitted a claim to the developer for £75,000 to compensate the client for both the damage caused and the cost of remedial works to fix the problem. (more…)
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Posted by Communications Director Nov 7th, 2011, in HD news, Property

Harrison Drury’s property law team has advised business rescue and recovery specialist Leonard Curtis on its lease of new premises in Lancashire.
The Bury-headquartered firm has opened an office at South Rings Office Village, a newly-built flagship office development at Bamber Bridge, near Preston.
The firm has taken a 1,400 sq ft unit on a 10-year lease at South Rings, which has been built by Roundhouse Properties.
The expansion takes the number of Leonard Curtis offices to nine. It also has offices in Manchester, London, Birmingham and Bristol and employs more than 150 staff. (more…)
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Posted by Roger Spence Nov 4th, 2011, in Employment Law

Seeing one of your former employees set up a business in direct competition to yours can be a frustrating experience and one that is damaging to your interests.
If your business isn’t protected by adequate restrictive covenants, it can be disconcerting when that former employee begins approaching your clients with phone calls and e-mails, schmoozing them at networking events, even trying to entice your staff members to join their new venture.
All businesses can protect their legitimate business interests by using employment contracts to bar key employees from dealing with or soliciting work from customers and suppliers for a period of time. (more…)
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Posted by Andrew Bartlett Oct 19th, 2011, in Licensing

The recent court case involving a Portsmouth landlady’s bid to be able to show live Premier League football via foreign satellite channels, has once again thrown the spotlight on the rules for broadcasting televised events in licensed premises.
When Karen Murphy decided that her satellite TV subscription for showing Premier League games was too expensive, she used a cheaper Greek decoder in her pub to show the games, a practice which is prohibited in the television deals agreed with UK broadcasters Sky Sports and ESPN.
Despite being fined, she appealed to the European Court of Justice which ruled that national laws prohibiting the import, sale or use of foreign decoder cards are contrary to the freedom to provide services under European Law.
However, before you pick up the phone to cancel your Sky Sports subscription, it’s worth noting what else the ECJ said in relation to the ruling. (more…)
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