Recent content by 2020Lawyer2020

  1. 2020Lawyer2020

    Employee not working regularly, can be contractor or self employed or umbrella better option?

    Do a google search for the Government's CEST tool and key in details of their new role - eg one day a month or whatever it might be and see if the state thinks the person's new type of role will be self employed or employed. If they are genuinely changing how they work then it is possible...
  2. 2020Lawyer2020

    When and how often do you use an NDA (Non Disclosure Agreement)

    I draft or amend tons of them all the time as I do a lot of tech sector work/patents/inventions and also corporate transations. For example in last 2 weeks one client who is selling their business signed one with the proposed buyer in addition to a heads of agreement. Another client who is...
  3. 2020Lawyer2020

    Pending small court claim, customer perspective

    A few minor points - what is the value of the claim? Presumably under £10,000 (if a small claim). What stage is it at? People often win on the basis of who has the best proof/paperwork eg if the other landscapers agree the decking was dreadful then make sure you have evidence from them. Also...
  4. 2020Lawyer2020

    Please Help - Need Advise

    You need to prove the 6 month agreement (if you bother to continue the dispute which I do not recommend). Can you paste on here exactly the words used in the contract for the 6 month term and anything else in the agreement about "termination". Also the agreement may have an entire agreement...
  5. 2020Lawyer2020

    Defrauding startup shareholders? Limited company.

    It certainly is a clear case. Also taking customers/a database can breach intellectual property rights (eg database right in a list of names that may well belong to the original company) and breach of confidentiality. Some of the names will be living individuals and there is probably no lawful...
  6. 2020Lawyer2020

    Telecomms contract query

    I agree with Mark Jones above. Typically contracts will say other statements, emails, assurances do not count and as it is a contract between two businesses probably that would be enforced (so in future do not take that kind of assurance as likely to be valid). However in practice here it sounds...
  7. 2020Lawyer2020

    What happens if you drop a small claim after the defendant has made a counter claim?

    I agree. Try to agree with hte other party you will each walk away with no claims. However if the counter claim might succeed and is large they may not drop it and you cannot force them to do so in which case it is more complicated as if you do not defend the counter claim and do not continue...
  8. 2020Lawyer2020

    I am bankrupt and resigned as director but cannot close limited company

    Check the articles of association about if the one director can resign leaving no directors and see this - https://gateleyplc.com/insight/quick-reads/can-a-company-have-no-directors/ However I agree with the above that it seems unlikely the corporate debt will attach the bankrupt ex director...
  9. 2020Lawyer2020

    Trimming hedge that leans on my rented property.

    Most assured shortholds say the oppoosite - that the landlord CAN come in for various reasons and those are lawful clauses in the agreements. If there is nothing in the agreement then you are right that tenancy law does protect the tenant's right of quiet possession so that you cannot turn up...
  10. 2020Lawyer2020

    Dissolved Company Still Running - new thread

    You ordered in June - so probably to a successor company of a smilar name. In theory in the EU and UK the full company name and number should be on its current website so you can check by UK or EU companies house website the entity concerned by the number which is more definitive than the name...
  11. 2020Lawyer2020

    Joining two (or more) LTD companies

    Is there any reason to do this joining of all the companies though? Could you not just leave as it is but in any event put in place written shareholders' agreements for each company which any lawyer on here could draw up for you.
  12. 2020Lawyer2020

    Adding Wife To My UK Ltd Company

    If she receievs merely dividends then that is not earned income so she would simply declare the dividends on her tax return each year and pay tax on them.
  13. 2020Lawyer2020

    Claim against "wrong" Amazon company in Small Claims Court

    For a £1k cl;aim ( a small claim where neither side can claim legal costs) continue to handle this yourself. As someone said above the Civil procedure rules will give you your answers and as someone else said either it will be a case of applying to the court for permission to change the...
  14. 2020Lawyer2020

    In a lawsuit, can your SPV Ltd Company directorship be claimed?

    If you only have 1% of the shares then if a personal claim is made against you then only your 1% shareholding is up for grabs. However if you are some kind of disguised controller of the SPV or the 99% of shares are held on trust for you then there is a new legal obligation for the trust to be...
  15. 2020Lawyer2020

    Advice needed with regards to franchise

    The most relevant question is have you signed anything and what does it say about all these matters? Basically that contract is king in all this. I have done a lot of franchise disputes over the years. YOu paid £20k so probably did sign a contract. Have they done what it says in the contract...
See more
Top Bottom
Community
Articles
Menu