Recent content by Diane@JFS

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    Land and property introducer / finder agreements.

    Thank you for your query. We would advise that it is always best practice to have contracts for these types of business transactions. However, we note that you have email dialogue of the referral arrangement. If the emails evidence that an agreement was reached then you can rely on these to...
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    Suing a commercial landlord for actions that affect my business.

    Thank you for your query. As David advises above, it does not seem like there is any civil action to be taken. Joseph Frasier Solicitors LLP
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    Trademark Dispute

    As both trademarks are within class 41, this is where the conflict is arising. Being more specific will not change the situation as the Class is the relevant issue. An examiner has a duty to advise any other trademark holder of any conflicts that may arise. An examiner will not be persuaded to...
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    Lease advice needed

    Without sight of the lease agreement, we are unable to provide any accurate advice. There may be a clause within the agreement that details forfeiture on becoming insolvent. However, this often applies to companies rather than partnerships. In terms of generic advice, you have entered into a...
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    Companies House shows different shareholding

    Financial problems is a cause for concern. You are the director of a company. If that company has financial problems then the company risks being wound up. If the company is wound up then you are prevented from being a Director for another company. In regard to being on the payroll, it seems...
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    Can I ask for a CID officer to be replaced

    It would appear that if the police officer has sent your letter for fingerprint and DNA screening then he is taking the matter seriously and using the avenues available to him. These things do take time and bear in mind that this is not the only case the officer will be dealing with. Joseph...
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    Publishing shoplifter photo online

    Dan is correct. If you publicise something of this nature then it has to be factually accurate and correct otherwise proceedings for defamation may be brought against you. What I would ask is if you have the photos then have you passed these onto the police? Shoplifting is a criminal offence and...
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    Overseas company with a branch in UK, can it be wound up?

    If Y has the same name as X then you can enforce against X given that they are a branch. The main point is that the Defendant named on your Judgment should be the same name as the company you intend to enforce upon. There are many different methods of enforcement which can be utilised. Winding...
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    Are we sitting tenants? What rights do we have?

    A tenancy at will is a contract which means that permission has been given for you to occupy the property and in return rent is paid. A tenancy at will can be verbal or written but the main point is that there is clearly consent for your occupation, which being as the Landlord has never...
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    First time to be sued ! 8-(

    This seems to be a very hot topic. What we would advise is that the correct legal advice would depend on the individual circumstance and we would therefore require further information on the product in question and the fault it has suffered. One of the main points to note however is that the...
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    Are we sitting tenants? What rights do we have?

    Given that the old company is no longer in existance, the lease is no longer valid. This is a complicated situation and these matters depend very much on the individual circumstances. However, from what you have advised, I would class this as a tennancy at will. You have the permission of the...
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    Starting up an eBay business on a leasehold property

    We would agree with 'Fisicx'. If your lease states that you cannot conduct business, then you should not do so. This is most probably due to the classification of the property, so to conduct any type of business from that property would be a breach of your lease. I hope this assists. Joseph...
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    Overseas company with a branch in UK, can it be wound up?

    If the Judgment is against a UK company then as 'Free lance' states you can enforce down the normal routes. However, if the Company has no registration in the UK then you would need to bring Court procedings throught the companies home courts. As far as I am aware, a UK Judgment cannot be...
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    Can this be true

    Many thanks for your enquiry. We would firstly ask how the landlord has managed to sell your vehicles when the V5 registration document would be in your possesion and under your name? Secondly, does your tenancy provide a notice period for terminating the tenancy? Should you require any legal...
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