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What are commercial agents and how have they been affected after Brexit?
Posted: 1st July 2021
The Commercial Agents Regulations 1993 (‘CAR93’) regulate the relationship between a commercial agent in the UK, and their principal. The CAR93 derives from an EU directive, namely, the EU Commercial Agents Directive. CAR93 defines a commercial agent at Article 2(1) as: “…a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods […]
My commercial tenant has fallen into arrears – what can I do?
Posted: 16th July 2020
There are a number of options available to a commercial Landlord when their tenant falls into arrears, the most effective of which include the following: Commercial Rent Arrears Recovery (CRAR) Forfeiture Service of a Statutory Demand Commercial Rent Arrears Recovery The Commercial Rent Arrears Recovery process, or “CRAR”, entitles a commercial Landlord to seize possessions […]
Schools out! But can you recover private school and nursery fees that have already been paid?
Posted: 9th April 2020
The Coronavirus pandemic has caused the Government to order the mandatory closure of all schools and nurseries across the United Kingdom, but where does that leave those parents whose children attend independent schools and nurseries? This is a concern that has been raised by many parents who are unsure as to whether they are entitled […]
The Coronavirus Crisis – How our Commercial Services Team has been helping clients
Posted: 7th April 2020
The Commercial Services Team here at Franklins have been working closely with our clients to help alleviate business pressure during the Coronavirus pandemic. These unprecedented times have, undoubtedly, placed undue constraints on business relationships and the Commercial Services Team are here to help those seeking to manage their contractual liabilities and obligations at this difficult […]
Directors’ Duties following Coronavirus – where do you stand?
Posted: 3rd April 2020
The UK’s business secretary has announced the Government’s proposed changes that it intends to make to the Insolvency Act 1986 (the “IA 1986”) in light of the Coronavirus pandemic. Christopher Buck, Associate Partner in the Business Services team here at Franklins explains the implications that these changes will have on directors at this difficult time. […]
What happens now? The effect of COVID-19 on commercial contracts
Posted: 2nd April 2020
The United Kingdom along with the rest of the world is currently in unchartered territory. Extensive travel bans have been implemented, schools have been closed and the stock markets are in freefall with the FTSE 100 falling to levels not seen since the financial crisis. It has become apparent that no government was adequately prepared […]
Business Services Team Update
Posted: 24th March 2020
Following the instruction from our Prime Minister yesterday that we must all stay home to stay safe; never has it been so evident that health and wellbeing is paramount. We take our duty of care to our clients and staff seriously and as such we have adapted our working practices following the outbreak of COVID-19. […]
Are automated email signatures valid in forming a contract?
Posted: 30th January 2020
The answer it seems is: Yes. In the case of Neocleous & Anor v Rees 2019 EWHC 2462 (Cn), the Court considered an automatically generated email footer and whether this constituted as a valid signature. Emails were exchanged between the parties’ respective solicitors relating to the terms of settlement for a dispute about a right […]
Google Wins ‘Right To Be Forgotten’ Case
Posted: 1st October 2019
The European Court of Justice (ECJ) ruled that Google does not have to apply the ‘right to be forgotten’ worldwide, only in Europe. This means that Google must remove outdated information or irrelevant links from the European version of its search results, but not globally, after receiving an appropriate request for the removal. The […]
What are the repercussions of a GDPR breach by employers?
Posted: 16th August 2019
A GDPR breach can be a costly error for employers! To ensure compliance with these stringent regulations as an employer it is essential to be able to determine where your responsibility lies. It is important to establish your status prior to the processing of any data so to ensure that there are no gaps in […]
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