In The Know
In The Know
Legal Services Articles – In The Know
Legal services articles and information for businesses and the legal sector – giving you information and sharing our knowledge.
How To Remove A Shareholder
How To Remove A Shareholder Setting up a company or attracting new investment is an exhilarating time. Shareholders provide the capital lifeblood that allows an organisation to grow and prosper. However, when you are in the day-to-day zone of running your SME, it can be...
Unregulated Legal Service Providers And Consumer Protection Law
Unregulated Legal Service Providers And Consumer Protection LawUnregulated businesses are an important part of the legal service industry. They provide flexible and often cheaper alternatives to regulated law firms. Falling outside the Solicitors Regulation Authority (SRA), it...
The Tale Of Wagatha Christie – Counting Costs
The Tale Of Wagatha Christie - Counting Costs In October 2019, Colleen Rooney set the internet ablaze when she accused, via a Twitter post, her former friend, Rebecca Vardy, of leaking private information about her to The Sun newspaper. In the Twitter post, Ms Rooney stated...
Your Due Diligence Checklist When Buying A Business
Your Due Diligence Checklist When Buying A Business It may come as a shock to realise that we are fast approaching the last quarter of 2024. This is a time when directors start consolidating their company's plans for the next year. If yours involves expanding your business...
All About The Digital Information and Smart Data Bill and the Cyber Security and Resilience Bill
All About The Digital Information and Smart Data Bill and The Cyber Security and Resilience Bill The Labour Government announced two new tech-focused Bills in its King’s Speech back in July 2024. Both are aimed at providing additional security for people and businesses within...
Courts Can Force Parties to Use ADR
Courts Can Force Parties To Use Alternative Dispute Resolution Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 (29 November 2023) It is hard to overemphasise the significance of the Court of Appeal’s decision in Churchill v Merthyr Tydfil County Borough...
What is an Environmental Impact Assessment and when is one required?
What is an Environmental Impact Assessment and when is one required? As weather events become more extreme and biodiversity is continuously threatened, businesses need to conduct in-depth risk assessments to ensure developments do not add to the climate change risk. Environment...
How Can I Avoid A Contract Dispute?
How Can I Avoid A Contract Dispute? Contracts are the glue that holds the commercial world together. They enable ventures that drive growth and innovation. However, they are also the leading cause of business disputes. We want to share with you the top five mistakes that, if...
EU AI Act Comes Into Force 1 August 2024
EU AI Act Comes Into Force 1 August 2024 EU AI Act Comes Into Force 1 August 2024 Those who expected the new Labour Government to introduce legislation strengthening controls around artificial intelligence (AI) may have been disappointed by the July 2024 King's Speech. In his...
FAQ – Third-Party Risk Management
FAQ - Third-Party Risk Management A crucial part of any organisation's ESG (Environment, Social, and Governance) framework is third-party risk management (TPRM). Although you may have your own house in order regarding an environmental strategy, and you pay strict attention to...
Conducting A Data Protection Impact Assessment
Conducting A Data Protection Impact Assessment Conducting A Data Protection Impact Assessment Regular readers of our blog will have seen us mention the importance of conducting a Data Protection Impact Assessment (DPIA) to ensure compliance with the UK GDPR. Understanding what...
A Guide To The ICO’s Approach To Regulating AI
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 Smarter Regulation White Paper?
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 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
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 Practice
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...
Managing The Risks Around NDAs
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
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 Debt
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 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 Register
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?
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 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 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 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 GDPR
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 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) 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?
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?
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 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 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
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
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
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
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
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
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?
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 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 Disputes
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?
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 Complaints
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 Disputes
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 Principles
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 Request
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...
Directors Duties – Understanding Your Responsibilities As a Company Director
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...