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‘We have a changing range of activities across the firm, and with events as diverse as art exhibitions, key note speeches from leading economists and knife throwing motivational speakers - there’s always something interesting going on.’

Philip Astles
Managing Partner, Slough
01753 532541
pastles@kiddrapinet.co.uk
Read Philip Astles' Profile  
Archived Articles
Getting the Christmas Party Right
It's that time of year again. Love them or hate them, the invitations to office Christmas parties will be arriving soon. For employers, parties pose a particular challenge. ... read more >

 
Confidential Information and "Perpetual Injunctions"
A recent court case, The Hedgehog Golf Company v Hauser, has opened up new ground with regard to the extent of ex-directors' obligations preventing them from revealing information about their former company to a new employer. ... read more >

 
No Delaying New Rights for Agency Workers
Despite calls from some quarters that the Government should delay the introduction of the new Agency Workers Directive, it came into force in the UK on 1 October 2011 without any changes. ... read more >

 
Companies Look Out: Bribery Act In Force
Companies need to be on the alert: the Bribery Act came into force on 4 July 2011 with no ‘grace period’. ... read more >

 
Will Executed in Error cannot be rectified by High Court
In an unfortunate recent case, the High Court concluded it couldn't use the Administration of Justice Act 1982 to correct an obvious error made in executing a will. ... read more >

 
Credit Card Agreement Enforceable
  In a recent case, the Court of Appeal decided a debtor, Patrick Brophy, must pay his credit card bill, following the failure of his bid to overturn a High Court decision.... read more >

 
Foreign-made will held to be valid
A recent high-profile case where a new will was written in another country shows how family disputes can all too easily arise. ... read more >

 
New rules covering advertising on the Web
  From the beginning of March the Advertising Standards Authority's online remit has been extended to apply to marketing communications on organisations' own websites and in other non-paid-for space under their control, including social networking sites like Facebook and Twitter.... read more >

 
The Bribery Act 2010: Act Now!
The Bribery Act 2010 was due to come into force in April 2010, and is seen to be one of the strongest attacks in the fight against corruption the UK has seen for decades. ... read more >

 
Separating couples to be forced to consider mediation option
  From April separating couples will be required to consider whether their disputes can be settled by mediation rather than through the courts, justice minister Jonathan Djanogly has announced.... read more >

 
When is a bank holiday not a holiday?
  Q: When is a Bank Holiday not a Holiday? A: When it’s for a Royal wedding.... read more >

 
Buying a Used Car? Watch out for an existing HP Agreement
Car buyers would be wise to check whether the car they are buying has an existing HP Agreement still current. A recent case has highlighted the risk that the purchaser may not obtain good title to the goods. ... read more >

 
Transferring Legal Status from Surrogate Mother a "Difficult Balance"
A British couple who paid for a surrogate birth in the US have been recognised as the child's parents, despite handing over to the natural mother a sum which exceeded "reasonable expenses". ... read more >

 
OFT Takes Action against Payday Loan Providers
  The OFT has acted against payday loan providers and warned them that they must not misuse direct debit facilities to vary the amount or date of a loan repayment.... read more >

 
Home owners risk losing properties over small debts
  Home owners need to watch out: they could lose their properties due to debts as small as £600, the Office of Fair Trading has found.... read more >

 
Just because you look like an employee, and act like an employee, it doesn't mean you're an employee
  The Appeal court has warned that people shouldn't assume that "because someone looks and acts like an employee, it follows that in law he must be employed".... read more >

 
Mounting care home fees can "empty" wills
The elderly need to be aware that increasing care home fees could mean they have nothing left to leave in their wills.... read more >

 
Claims for Damages: Acceptance of Offers and Counter-Offers
When a claim is brought for damages for injury, both parties need to be aware of the position with regard to acceptance or rejection of offers and counter-offers of compensation. ... read more >

 
Council Did Not Breach Mother's Human Rights in Baby Care Case
A mother whose child has been taken into care without due cause is not necessarily entitled to compensation.... read more >

 
Right to Buy a House Even if Not Living There
Did you know that a tenant may have the right to buy the freehold of a house even if they don't live there? Because of a recent decision in the Court of Appeal, this may be the case even if the "house" is not being used as a residence. ... read more >

 
Consumer Protection Guidelines
Local clients often find themselves badly treated by retailers. Now you might be in line for a better deal. The Office of Fair Trading has published guidelines for retailers. ... read more >

 
Making a Will (and getting it right)
  Undoubtedly one of the most important documents in your life will be your Will. It aims to deal with your wishes and wants for others and takes effect only after you have gone. In many ways your Will can be said to be a part of you which lives on after you and touches the lives of family and close friends, and indeed those who may have had no inkling that they had been chosen by you as a beneficiary.... read more >

 
Guides to Equality Act 2010 Published
Are you an employee or do you employ people? Either way the Equality Act 2010, which comes into force in October 2010, may affect you. The Government has now published guides to the Equality Act.... read more >

 
Whose Contract Terms Apply?
  Do you have terms and conditions of sale and purchase for your business? If so, have you successfully incorporated them into your contracts? If the answer to either of these questions is no, your legal position may not be properly protected.... read more >

 
Buying and Selling a Business
Parts of the economy are picking up and business sales and purchases are on the increase. The new tax rules on business sales have led to some queries to lawyers.... read more >

 
Divorce and Disclosure
Some men and women lie about their income and assets on divorce and were in marriages where neither spouse knew the financial position of the other, as they kept this secret from each other during marriage. ... read more >

 
Selling Online - 'Adwords' Decision in 'Portakabin'
Do you market your business online? If so, you may have considered buying Google "adwords" or similar search engine "words" to ensure your website turns up under "sponsored links" on searches. ... read more >

 
The Emergency Budget
"If you own a second home you could be affected by the rise in the capital gains tax rate when you sell the house, where you sell it at a profit."... read more >

 
Property Law and Cohabitation
In a recent case the court held that cohabitants owning a home in joint names were entitled to 50% each, even though one had not lived there nor contributed to it since 1993. ... read more >

 
Volcanic dust - don't complain make a claim
      Local private clients and consumers are busily looking at what they might recover financially for ruined holidays following the volcanic eruption in Iceland and the many displaced passengers whose holiday and work plans were spoiled.... read more >

 
Distribution Agreements and the Law – new EU Regulation
Every ten years, the European Commission revises its laws on distribution and franchising agreements and the law. On 1st June 2010 the new block exemption for vertical agreements will come into force. ... read more >

 
Terminating Contracts - Shell Contract Termination Case
In March, the court looked at termination of contracts in a case which could be very important in many other contract termination situations. ... read more >

 
A New Tax Year – Finance Act 2010
The new tax year is a good time to put your personal tax affairs in order. Are you taking full advantage of all personal tax reliefs? Have you taken lawful tax avoidance measures to reduce the amount of tax you, or indeed your company, are paying? ... read more >

 
International Contracts - New Guidance
Does your business supply goods abroad or buy from abroad? If so it is worth taking legal advice on the new rules applying to contracts. ... read more >

 
Data Protection - All Change
In 2010 it was announced that penalties for breach of the legislation may rise to £500,000 and the registration fee has already risen this year for bigger companies from £35 a year to £500. ... read more >

 
Property Matters
  The Supreme Court decided in March that local residents who regularly walked over a Council owned Golf Course and took their dogs for walks there could register it as "Common Land" under the Commons Act 2006.... read more >

 
Safeway Sues Employees
In a ground-breaking case, Safeway has sued former employees and directors personally for alleged breach of the competition rules. ... read more >

 
New Intestacy Rules
 Since 1 February 2009 new intestacy rules have applied.... read more >

 
BSkyB wins Dispute – Fraudulent Misrepresentation
Be careful what your salesmen say! In a recent important court case the court looked at a perennial issue of salesmen conning customers about what was on offer to induce them to sign the contract. ... read more >

 
Top 10 Changes made by Companies Act 2006
Philip Wild, a Partner in the Company & Commercial Department at Kidd Rapinet's London Office, gives his personal Top Ten… ... read more >

 
New Commercial Laws - Provision of Services Regulations and new rules on distribution agreements
Anyone interested in the distribution of cars should look at the EU December proposal on a "revised Block Exemption Regulation and Guidelines on motor vehicle sales and repair agreements". ... read more >

 
Forming Contracts - Tekdata – the Battle of the Forms
At the end of last year the Court of Appeal had to look at a legal issue which arises very frequently in practice - whether a seller's or a buyer's contract terms apply. This is known as the "battle of the forms".... read more >

 
Sorting out your legal affairs in 2010
How is your personal legal housekeeping? A new year is a good time to make some legal resolutions. ... read more >

 
International Contracts – Rome Regulation in Force and whose terms apply?
  Does your company ever do business abroad? If so, you need to know about the Rome I Regulation.... read more >

 
Services – New Laws
Do you provide services? If so you may need to change or add to the information you give to buyers. ... read more >

 
Sorting out your Legal Affairs
  How is your personal legal housekeeping? Our private clients are not always up-to-date with matters such as making a will.... read more >

 
Employment Law Changes
  Employment law is changed twice every year and 1st October is the latest date for changes.... read more >

 
Buying and Selling a Property
If you are considering buying a property, do consider recent changes in the law in this area. ... read more >

 
All Change for Company Law
      1 October 2009 was the final D-Day for changes in company law under the Companies Act 2006, the largest statute in English legal history.... read more >

 
Construction Contracts and Staff
A recent High Court decision held it was illegal not to tell a potential customer that a key employee had handed in his notice and would not be working on the project for 2 of the 3 years of its life. ... read more >

 
October 2009 Employment Law Changes
      From 1st October employers must not include tips in calculating if an employee is paid the national minimum wage. Until then it is lawful to do so. In addition, the Work and Families (Increase of Maximum Amount) Order 2009 comes into force.... read more >

 
Consumer Law Changes
  Have you lost out to rogue traders? Fraud is on the increase in the recession and the Government has issued an important White Paper setting out major changes to consumer protection law.... read more >

 
Pre-nups Rule
  The Court of Appeal decision in the divorce of Miss Radmacher and Mr Granatino is probably one of the most important cases relating to how the English Courts will now view pre-nuptial (or pre-marital) agreements.... read more >

 
Swine Flu - The Law
Lawyers are finding an increase in requests for legal advice about the implications of the swine flu pandemic. Do you know your legal position? ... read more >

 
Pregnant at work
Those wondering what their rights are if they become pregnant at work should take note of new government guidance. ... read more >

 
Selling your business
Many businesses are restructuring in the recession. Some are picking up cheap assets when competitors go under but still need to be careful to carry out proper due diligence. ... read more >

 
You're Worth It
  In a ground breaking decision in June the courts held that if goods are packaged like other goods then, even if no consumers are confused into thinking the goods are those of the rival company, a claim for breach of trade marks can be made. L'Oreal found its packaging was copied and took the sellers to court.... read more >

 
Trade Marks
      Do you protect your business and product names by registered trade marks? If not you could lose money and be unable to stop others using the same trade name for the same or similar goods or services.... read more >

 
Industrial Noise claims
Have you been damaged at work? You may be able to bring a personal injury claim. In May, the Court of Appeal reached an important decision in an industrial noise test case. ... read more >

 
The Equality Bill
  At the end of April the Government published the Equality Bill.... read more >

 
Playground Injuries
  When a 13 year old boy accidentally ran into a dinner lady in the playground at school he probably did not realise the matter would end up before the courts.... read more >

 
First Corporate Manslaughter Case
      In April the first person was prosecuted under the new corporate manslaughter offence.... read more >

 
Warning: Unsigned Contracts Can Be Binding
      Do you ensure all your commercial arrangements are set out in writing? If not now might be a good time to have a written agreement drawn up.... read more >

 
Employment Law Changes Come into Force
  On 6th April important changes to employment law came into effect.... read more >

 
Company Law Changes
  New company law provisions came into force under the Companies Act 2006 on 1st October 2008.... read more >

 
Business Protection in Recessionary Times
  Businesses are fighting fires on many fronts in the current economic climate. Banks withdrawing overdraft facilities and other funding is not helping and some suppliers, such as Tesco, have announced they will pay non-food suppliers within 60 days not 30 days to help fund the expensive Christmas period. Conversely, some suppliers to large high street chains are trying to tighten payment periods, and indeed, demanding cash up front.... read more >

 
Keeping Afloat
  In the current economic climate, our clients are turning to solicitors for legal advice on important current issues.... read more >

 
Employed or Not?
In an important decision, the Court found that a "self employed" IT contractor was really an employee and owes more than £99,000 in back tax as a consequence. ... read more >

 
Watch What You Say Online
Posting comments on websites can lead to trouble if they aren't true. In a recent case someone was sued for defamation because of what they posted online.... read more >

 
Flexible Working Rights for Parents of Older Children
The government is consulting on giving the right to request (but not demand) flexible working to parents of older children. Although the measure is not yet in force, it would in due course, affect about 4.5m employees.   ... read more >

 
Commercial Agents
  Lots of people are paid commission and are self-employed "commercial agents" in the UK. They enjoy substantial legal protection under special regulations.... read more >

 
Equality Under the Law
There have been a number of recent changes in the area of equality and the law. A new Equality Bill will ensure Government bodies avoid sex discrimination. ... read more >

 
Is Your Website Legal?
  In July, the EU announced the results of an EU-wide investigation into websites offering mobile phone services. Does your website comply with the law?... read more >

 
Doorstep Selling Regulations
    Many local people are plagued by door-to-door salesmen. Some new ‘doorstep selling’ regulations - the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc Regulations - have now been passed by Parliament and are scheduled to come into force on 1 October 2008.... read more >

 
Consumer Protection from Unfair Trading
The Consumer Protection from Unfair Trading Regulations 2008 ("CPRs") came into force on 26 May 2008 and implement the EU Unfair Commercial Practices Directive in the UK. They introduce a general duty on businesses not to trade unfairly when dealing with consumers.... read more >

 
Has the Company Secretary been abolished?
The Companies Act 2006 is being brought into force in stages, and is not expected to be fully in force until 1 October 2009. This article looks at the changes that came into force on 6 April 2008.... read more >

 
Website Compliance Hots Up… Check out the KR TOP FIVE TIPS
The laws concerning website compliance (the process of operating a website that complies with the various sporadic laws created over time to regulate the use of the web by business) are hotting up!... read more >

 
LANDLORDS: LEGAL UPDATE
Landlords need to be aware of legal developments in the following three areas : - 1.    Energy Performance Certificates. 2.    Empty property rates. 3.    Leasing business premises ... read more >

 
Web Site Privacy Policies - Do you comply with data protection legislation?
Data protection is an issue that many businesses have not taken too seriously in the past, even ones trading online. But the authorities are now taking a tougher line, both here and in the US.... read more >

 
Top Ten issues arising in Due Diligence
In our corporate acquisitions work, we conduct due diligence on many companies and businesses, and we see the same issues time and again.  We are also often asked to advise on problems which could have been resolved if these issues had been prop... read more >

 
Outsourcing Agreements: the Legal Implications
Outsourcing is an arrangement by which an organisation in the public or private sector (the "Customer") contracts out to a third party supplier of services (the "Supplier") the provision of a business activity or function that ty... read more >

 
Legal Regulation of e-Commerce
Other articles on our website review the implications for businesses selling over the internet of the Data Protection Act 1998, the Telecommunications (Data Protection and Privacy) Regulations 1999 and the Consumer Protection (Distance Selling) Regu... read more >

 
Exit and Succession Strategies should be planned ahead
The fundamental point is to think and plan ahead. Hand in hand with this is the need for proprietors to keep their advisers well abreast of their objectives and intentions and give them the opportunity to advise in a timely way.... read more >

 
Directors’ Duties under the Companies Act 2006
On 1 October 2007 a substantial part of the Companies Act 2006 came into force. Amongst the new provisions are a new codified statement of directors' duties. These set out for the first time in statute principles of law that previously had to be gat... read more >

 
Company details required on emails and websites
There have long been provisions in UK Companies legislation requiring UK companies to disclose certain corporate information on their business letters and certain other documents. These go back many years, and covered printed letterheads, ord... read more >

 
Acquisitions: is due diligence really necessary?
When initially deciding on the acquisition of a particular target company or business, buyers will often rely only on available public information, limited information released by the sellers and any knowledge of the target's business that they have... read more >

 
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