Tag Archives: Commercial Law

Staying afloat whilst buying a boat

Posted on 22/09/2022 by freestyle

Situated in Lymington, nestled between Southampton, Christchurch and the Solent, it may not be too surprising to learn that we regularly advise on matters involving marine businesses and boats. As the evenings and weather close in, and the economy looks to be heading for increasingly stormy times, now may be a good time to snap up a bargain when it comes to leisure craft. Celia Hawson, a Company and Commercial Paralegal, with a history in the shipping industry including time spent at the UK Ship Register, considers some of the issues that can arise when buying a leisure craft. When buying a boat there are a number of things you need to think about, including making sure the vessel you are buying is fit for purpose. There are a number of checks to ensure this, such as examining the physical … Continue reading →

Posted in Corporate and Commercial, Marine, Scott Bailey News | Tagged | Comments Off on Staying afloat whilst buying a boat

Selling your care home: legal issues to consider

Posted on 03/12/2020 by freestyle

As financial pressures mount on the care home industry, whether due to local authority funding, COVID-19, or a range of other issues, there are a number of actions care home operators may be considering to keep costs down and this may include disposing of one or more care homes. Whether you are an operator running a group of care homes wanting to consolidate your portfolio, or a sole operator wanting to retire and enjoy your next chapter, making the decision to sell a care home is not an easy one. However, with the right legal support and planning, you can increase the likelihood of a successful, smooth transaction. Structure of the transaction: share sale or asset sale When you operate a care home via a limited company, whether the sale is to be structured as an asset sale or a … Continue reading →

Posted in Corporate and Commercial, Healthcare, Property | Tagged , , , | Comments Off on Selling your care home: legal issues to consider

What are directors’ duties?

Posted on 30/10/2020 by freestyle

In this back to basics article, we take a brief look at directors’ duties. Whilst directors of companies have always had certain duties placed upon them, the Companies Act 2006 set out seven key duties owed by a director to its company:   (a)   Duty to act within your powers (s171) (b)   Duty to promote the success of the company (s172) (c)   Duty to exercise independent judgment (s173) (d)   Duty to exercise reasonable care, skill and diligence (s174) (e)   Duty to avoid conflicts of interest (s175) (f)    Duty not to accept benefits from third parties (s176) (g)   Duty to declare an interest in a proposed transaction or arrangement (s177) These duties are contained at Chapter 2 of the Companies Act 2006. Breach of directors’ duties Failure to uphold director’s duties will result in a breach by the director(s) concerned. Often … Continue reading →

Posted in Corporate and Commercial | Tagged , , , | Comments Off on What are directors’ duties?

The “New Normal” – is your business ready?

Posted on 22/06/2020 by freestyle

Coronavirus (COVID-19), leisure and retail businesses It is fair to say that the recent lockdown arising out of the Covid-19 pandemic has knocked the UK economy for six. Many businesses have been unable to trade at all for some time now, and others have lost their regular customer base. Some however will have prospered.  The good news for businesses, and the economy, is that the restrictions imposed to combat the virus are slowly softening, and many businesses across a number of sectors are now able to reopen (or soon will be) with staff returning to work. Outdoor markets, car showrooms and other shops have now been able to open. But how will workplaces need to adapt and what safeguarding measures will businesses have to take? It will not be business as usual for many, but hopefully with planning, proactivity, and … Continue reading →

Posted in Corporate and Commercial, Employment Law | Tagged , , , , | Comments Off on The “New Normal” – is your business ready?

World IP Day 2020

Posted on 26/04/2020 by freestyle

Did you know it’s IP Awareness Day today? Whilst perhaps not quite so well known as Valentine’s Day or Easter, the event was established by the World Intellectual Property Organization (WIPO) in 2000 to “raise awareness of how patents, copyright, trademarks and designs impact on daily life”. The theme for this year is “Innovate for a green future”. Intellectual property (or “IP”) isn’t just patents, but includes a whole range of creations of the mind such as trade marks, copyright, designs, trade names, databases and more. Most businesses create or use something that might be considered intellectual property even if they don’t realise. The interesting and important parts for businesses are how to monetise and protect their intellectual property. If your business hasn’t carried out an audit of its intellectual property for a while (or ever) now is as good … Continue reading →

Posted in Corporate and Commercial | Tagged , | Comments Off on World IP Day 2020

Points to consider when buying or selling a dental practice

Posted on 24/04/2020 by freestyle

There are a number of points to consider when buying and selling dental practices. A solicitor experienced in dental transactions knows the important questions to ask, so as to be able to offer the best service and advice enabling you to be confident that you are choosing the right advisor for your transaction. Whilst this is not a complete how to guide, hopefully it will provide some food for thought and help prepare you for your dental practice sale or purchase. The Dental Practice What sort of dental practice is being sold? A good indicator that a healthcare solicitor is experienced with buying and selling dental practices can be whether they ask about your practice in terms of the services provided. Is there an NHS contract and is it GDS or PDS, is the practice only private dental care or a mix, and so … Continue reading →

Posted in Corporate and Commercial, Scott Bailey News | Tagged , , | Comments Off on Points to consider when buying or selling a dental practice

GDPR – are you taking it seriously yet?

Posted on 18/10/2019 by freestyle

Media excitement concerning the General Data Protection Regulation (GDPR) may have died down now that we are nearly two years in, but the serious risk for non-compliant businesses is ever present. Commercial Solicitor Ben Ironmonger of Scott Bailey LLP sets out some useful tips on cost effective GDPR compliance. It is easy for a small or medium business to put GDPR to the bottom of the priority pile and simply label it as more red tape, particularly given the regulations were brought in nearly a year and a half ago in May 2018, and the world has not stopped spinning yet. However, organisations shouldn’t be lulled into a false sense of security. There is something of an inevitability that as more time passes, the Information Commissioner’s Office and other regulators are likely to become less lenient in respect of data … Continue reading →

Posted in Corporate and Commercial, Scott Bailey News | Tagged , , | Comments Off on GDPR – are you taking it seriously yet?

Our Company and Commercial team builds on its success

Posted on 24/09/2019 by freestyle

Scott Bailey are pleased to announce that Ben Ironmonger has joined their expanding Company and Commercial Team to enhance the range of skills on offer to local businesses. Ben is a solicitor with wide experience in the field of company and commercial law both contentious and non-contentious. His specialist skills means that he can offer expert advice whether buying or selling a business, setting up a new enterprise, dealing with commercial contracts, partnership agreements or shareholders agreements with a range of other areas in between. He has a particular expertise in intellectual property and IT contracts. Although new to the area, Ben has long-standing local connections. He and his family are looking forward to putting their roots down here and enjoying all that Lymington and the New Forest have to offer. Ben said “It will be great to be part … Continue reading →

Posted in Corporate and Commercial | Tagged , | Comments Off on Our Company and Commercial team builds on its success

Rugby World Cup 2019: ambush marketing and the law

Posted on 18/09/2019 by freestyle

Can I use the Rugby World Cup logo in my marketing? I like rugby. I also like legal issues regarding intellectual property rights and advertising.  As with all major sporting events the Rugby World Cup inevitably stirs excitement in the marketing and advertising world, with industry experts wanting to use the opportunity to increase business exposure, with many prepared to utilise both authorised, and unauthorised, methods to get ahead of competitors. What is ambush marketing? In a nutshell, ambush marketing is where a party (usually a business) tries to link itself with a major event so as to benefit from the goodwill or prestige of that event. This is done without paying for the privilege of being an official sponsor. The benefit for the ambushing business, and the issue for the event organiser, is that consumers then associate the event with the … Continue reading →

Posted in Scott Bailey News | Tagged , , | Comments Off on Rugby World Cup 2019: ambush marketing and the law

Have you done your Brexit business risk assessment yet? There’s still time…

Posted on 05/09/2019 by freestyle

I originally wrote an article considering this back in March 2019 when it appeared “B Day” was imminent. However, nearly 6 months on it would appear to be worth revisiting… Whatever your political view, the UK’s departure from the EU will (at some point) bring about significant change for businesses of all sizes and across all sectors. Given the continued uncertainty surrounding the current Brexit position, it is more important than ever that business owners and managers conduct appropriate risk assessments. If you haven’t started yet, you should do so as a priority. A proper Brexit business risk assessment should include a review of the strengths and weaknesses of your business generally, as well as a review of how your business is currently affected by the EU and the possible effects of any exit. The reason why it is worth … Continue reading →

Posted in Corporate and Commercial | Tagged , | Comments Off on Have you done your Brexit business risk assessment yet? There’s still time…