If you are in business, then you need to be operating on your own terms as small print or as set out in clear contracts. The following are our top six tips for such terms and conditions of business.
1. It is vital that you trade under your own bespoke terms so give some thought to the particular business and the trading terms that you require.
2. Any Terms and Conditions must be precise, lawful and highlight any key restrictions or limitations.
3. All Terms and Conditions should be properly drafted by an experienced commercial lawyer. Do not copy and paste or borrow other people’s small print, or try and dabble in this drafting exercise.
There is a very good reason that commercial lawyers are well paid. They will save you thousands in the long run!
4. Use your Terms and Conditions everywhere and ensure that clients have access to them pre-contract, on your…
If you are in business, at some stage, you may have to consider litigation or recovery of debts. The following top tips need to be considered if you are in such situations.
1. Do you really know your client? Do you have full details of who they are, their proper addresses and any assets that they may own?
2. Have you undertaken credit checks? Have you made full enquiries regarding your clients/customers?
3. Do you have any personal guarantees or other security in respect of the debt?
4. Do you have bespoke terms and conditions of business and clear invoicing policies and statement…
There comes a time in nearly every business when you have to consider buying, selling or leasing commercial premises. The following are top tips for consideration:-
1. Calculate whether you really need to buy or rent or have a combination of both.
2. If buying, get expert commercial property advice from a proper commercial property lawyer, who is aware of full commercial enquiries, local plans to ensure there are no hinderances to trading or running a business at particular premises or land.
3. If leasing, it is vital that you not only get expert advice from lawyers and surveyors but that you…
Domestic abuse, or domestic violence, is defined across Government as any incident of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of their gender or sexuality.
What are the types of abuse?
‘Domestic abuse’ covers a range of types of abuse, including, but not limited to, psychological, physical, sexual, financial or emotional abuse. ‘Domestic abuse’ can be prosecuted under a range of offences, and the term is used to describe a range of controlling and coercive behaviours, used by one person to maintain control…
Employees are a key resource, and the following are our top tips when considering employment of any staff in any business.
1. Make someone responsible for HR whether it is yourself or an expert manager, get them well trained and have available to them expert advice so they can take responsibility for staff and ensure there are clear lines of responsibility.
2. Contracts, handbooks and policies and procedures. Please make sure that these are well drafted by expert solicitors to set out clearly the areas of responsibilities, all duties, hours and restrictions that are necessary to protect the business.
3. Incentives. What…
If you are going into a partnership or acquiring shares in a business the following matters should be carefully considered:-
1. Have you carried out due diligence on the business? Have you used expert professionals to look into the business? No matter how well you may think you know their company or firm get a third party look.
2. How well do you know the partners/shareholders? Have you known them a long time? Are they trustworthy? Do they have a good track record? What are their personal financial circumstances like?
3. Areas of responsibility. Set our clearly who does what and where…
Hiring a top commercial lawyer can add significant profits to the bottom line of any business. A good commercial lawyer can help all types of business in a number of ways including:
- Avoiding Disputes/ Dispute Resolution
All businesses need contracts and to operate on terms and conditions that are favourable to them in order to ensure that clients pay what is due and to maximise returns for the company.
In the event of a dispute, a good commercial litigator gets the resolution you want on the best possible terms.
Good contracts of employment and procedures can prevent disciplinary problems and…