Understanding The New EU Product Liability Directive  Although the UK is no longer part of the European Union, as our largest trading partner, its laws can still have considerable impact on UK businesses. The latest one SMEs especially need to understand is the new Product...

A Guide To The ICO's Approach to Regulating AIWhen it comes technology generally, if you were ever in doubt about the truth of the saying "if it's free, you're the product”, consider the recent announcement by Meta, the owner of Facebook and Instagram, to its European customers...

What is the UK Government's Smater Regulation White Paper?  What is the UK Government’s Smarter Regulation White Paper? In case you had not noticed, there will be a national election next month. British Prime Minister, Rishi Sunak is relying on positive economic indicators,...

Risk Management And Joint Ventures Risk Management And Joint Ventures   Joint ventures provide brilliant opportunities for entry into untapped markets and/or the development of new products. But like all great romances, be they personal or business, there is potential for...

The Latest News Around ICO Data Protection Enforcement In December 2023, the Information Commissioner’s Office (ICO) announced it had dropped its investigation into the 2020 data breach by easyJet. The breach resulted in the theft of personal details and travel itineraries of...

Spotlight On The Proposed UK Cyber Governance Code of PracticeSpotlight On The Proposed UK Cyber Governance Code Of Practice In 2017, a global ransomware attack known as WannaCry, affected 150 countries and sectors. In the UK, it targeted NHS England, and over a third of trusts...

Managaing The Risks Around NDAs  Although it is seven years since Harvey Weinstein was exposed, the wide-reaching ramifications of the scandal continue, especially regarding Non-Disclosure Agreements (NDAs). Earlier this month, the Legal Services Board (LSB) published its...

What Is Good Corporate Governance  Corporate governance is the ‘G’ in ESG (Environment, Social, and Corporate Governance). It is arguably the most important component because having good corporate governance means a company has the framework in place to build great...

A Step By Step Guide To Recovering A Disputed Business DebtDisputed Business Debt Recovery – A Step By Step Guide Recovery of a disputed business debt is not a task most business owners relish because precious time and energy must be employed to justify all or part of the money...

Five Things You Must Check Before Signing Terms And Conditions Five Things You Must Check Before Signing Terms And Conditions Let's begin this article with some honesty – terms and conditions are distinctly unsexy. Consequently, many businesses make them a low priority, meaning...

Why Every Successful Business Needs A Risk RegisterWhy Every Successful Business Needs A Risk Register Does your business have a risk register? If not, you are neglecting a powerful tool that can not only protect you from risk-related disasters, but also help identify...

Do You Need To Rightsize Your Business In 2024? With a new year rapidly approaching, it is the perfect time to reassess your business to ensure you have the strategies in place to hit your 2024 growth targets. The surge in energy prices and the challenges posed by the cost of...

How To Minimise The Risks of Late/Non Payment of Invoices How To Minimise The Risks Of Late/Non Payment Of Invoices French revolutionary Bertrand Barère de Vieusac said that Britain was a "nation of shopkeepers."[1]Being a) French, at a time when the two countries were either...

Using Arbitration To Resolve Shareholder Disputes Using Arbitration To Resolve Shareholder Disputes  Using Arbitration To Resolve Shareholder Disputes Whether your company has two shareholders or two thousand, it is almost inevitable that there will be disagreements at some...

SRA Issues First Fixed Penalties For Fee Transparency Non-Compliance SRA Issues First Fixed Penalties For Fee Transparency Non-Compliance Is your law firm’s fees/prices page/section up-to-date and compliant with the SRA Transparency Rules? If it’s not, you might want to address...

Tribunal Rules Company's AI's Activity Beyond Material Scope of GDPRTribunal Rules Company’s AI’s Activity Beyond Material Scope of GDPR  In what will come as a relief to AI focused technology companies, the First Tier Tribunal (FTT) has overturned the Information...

Why Your Company Needs A Legal Health Check  Why Your Company Needs A Legal Health Check Readers who have celebrated their 40th birthday at some point may remember getting a letter from the NHS inviting them to attend an over 40s health check. This involves several tests,...

How To Create An ESG Framework (And Why You Should)  How To Create An ESG Framework (And Why You Should) Everyone in the business world is talking about ESG (Environment, Social, and Governance) these days. And for good reason. Although Prime Minister, Rishi Sunak, recently...

What Is A Data Transfer Risk Assessment? Many companies engage in a complex web of data transfers - which can include email addresses, phone numbers, employment details, and financial information - to overseas recipients. If you are transferring personal data from the UK, it is...

What is Greenwashing in Business? In case you fear you have hit on the wrong article, rest assured dear reader, this is not a guide on how to wash green stains out of your clothes or be more environmentally friendly when doing your laundry. No, this article covers greenwashing...

How A Franchise Agreement Can Reduce The Risk Of Disputes How A Franchise Agreement Can Reduce The Risk Of Disputes Reaching a level of success that allows you to contemplate franchising your business is an incredible achievement and one of which you should be proud. It is...

Protect Your Brand's Reputation on Social Media  Protect Your Brand’s Reputation On Social Media Social media has revolutionised business communication, therefore, it is crucial to protect your brand’s reputation on social media channels. Readers who began their working lives...

The Total Cost Of Not Managing Project Risks   Most people are well aware of the importance of conducting a comprehensive risk assessment before beginning a new project. However, with the current high inflation/high interest rate economic environment, investing in risk...

Managing Risks Associated With Sexual Misconduct Allegations In The #MeToo Age.In mid-June 2023, a former senior solicitor at an international firm was struck off the Roll of Solicitors following one of the longest and most expensive Solicitors Disciplinary Tribunal (SDT) cases...

Why You MUST Have A Partnership Agreement  Most people who decide to form a partnership are completely unaware that the legislation governing such arrangements was enacted in Queen Victoria’s reign. That’s right, the Partnership Act 1890 came into force at a time when...

Prevent Family Business Disputes With A Shareholders' Agreement  When Napolean accused the British of being a nation of shopkeepers, he meant it as an insult. However, it is actually a testament to our entrepreneurial spirit. Small businesses make up 99.2% of the UK...

ChatGPT – Opportunities And Legal Implications For Businesses  Depending on what you read and your personal views on technology, ChatGPT is either an amazing tool that will eliminate the drudgery of answering customer questions and writing...

How Do I Deal With A Data Breach? Open any newspaper or magazine these days and you are guaranteed to find an article covering AI or ChatGPT (or both). Everyone seems to be getting incredibly excited about what the latter especially can provide in terms of taking over...

When Should A Risk Assessment Be Carried Out? Compliance and risk assessments go together like coffee and cake, tea and scones, Ross and Rachael – you get the idea – you cannot have one without the other. Regardless of your compliance duties and responsibilities, be they under...

Defining and Excluding Consequential Loss In a Contract  Defining and Excluding Consequential Loss in a Contract The case of Hadley v Baxendale [1854] EWHC Exch J70 provides a fundamental rule for determining whether the losses stemming from a breach of contract are within the...

A Guide To Resolving Board DisputesA recent boardroom dispute has resulted in the collapse of a proposed merger between Edinburgh-based Capricorn Energy and Newmed (Israel’s leading energy partnership). In late January 2023, the chief executive, chair, and three directors of...

Lessons From Pepsi, Where's My Jet?Remember the 90s? If you are over 40, you probably look back to the time of Cool Britannia, MTV, Friends, and the Spice Girls and marvel at how innocent and uncomplicated life was. The tragedy that was 9/11 only existed in the minds of...

​Avoiding Legal Ombudsman ComplaintsAside from debt collection, dealing with customer complaints is probably the most dreaded part of being a Solicitor. Most people enter the legal profession with a desire to help others, therefore, having to digest client complaints can be...

How To Avoid Contract Termination DisputesHow To Avoid Contract Termination Disputes The contractual clause that allows one party to terminate an agreement is a powerful provision. Drafted correctly, a contract termination clause can mitigate the risk of disputes which can not...

Understanding Solicitors Regulation Authority PrinciplesUnderstanding Solicitors Regulation Authority Principles The Solicitors Regulation Authority (SRA), the regulatory body that oversees solicitors and most law firms in England and Wales provide seven principles (the...

How To Recognise And Respond To A GDPR Subject Access RequestAt Forty Three Legal we are aware that protecting your reputation and brand is becoming ever so more important. Often risk to your brand or reputation arise with very little warning and at Forty Three Legal we act...

Managing The Risks Around NDAsManaging The Risks Around NDAs Although it is seven years since Harvey Weinstein was exposed, the wide-reaching ramifications of the scandal continue, especially regarding Non-Disclosure Agreements (NDAs). Earlier this month, the Legal Services...