questions

What recourse do I have if a competitor lifts a photograph I took and uses it on their own website? — by Conrad Murray — last modified 2008-05-03 10:28

I run a small label printing business and recently found a competitor's web site using a photograph I personally took and which was included on an old web site of our own. The picture was removed from our site about 12 months ago and so must have been lifted from there before then. The quality is poor on the competitors site but the implication is that they produced (or at the very least supplied) those labels. What can I do about this and should they be paying for using the picture without asking. I have not contacted the company involved yet as I have no idea what the rights and wrongs of this situation are.

I am importing phones and selling them in the UK. Can I give a 14 warranty for any defects after sale? — by mariam — last modified 2008-06-03 17:34

I am importing mobile phones from China and selling them in the UK as a wholesale business. I want to give a 14 day warranty for any defects after sale. Is this allowable? What standard wording can I use for making a warranty statement?

We want to put together a free downloadable cookbook of people's favourite recipes. What are the copyright laws here? — by mariam — last modified 2008-06-06 11:17

I work for a PR company and we want to ask people to send in their favourite recipes so we can put together a free cookbook which will be downloadable for free from the website, so no profits will be made. What will happen if a recipe is copied from a recipe book and then reproduced in our cookbook? What are the copyright laws here?

I leased some business equipment which is now obselete: why are they charging me so much to terminate the deal? — by Conrad Murray — last modified 2008-06-08 10:45

I leased some office business equipment including photocopiers and computers at start up some three years ago, most of which is now defunct and needs replacing as it no longer meets our needs. There is probably little value in what is left and we had thought to give everything away to local schools. The leasing company has told me that as the lease was for five years not three I now have to pay them a huge amount of money - far more than the equipment is worth - and probably more than it was worth at the outset to terminate the contract. They have offered me an option to roll the outstanding payment into a new lease which will provide equipment which is currently adequate to our needs but we're now in a better cash position and could afford to buy the equipment we need outright. Furthermore I cannot get a figure from anyone as to what the proposed equipment actually costs and who is responsible for any repairs. My questions are: 1. do I have to pay the outrageous amount they are demanding to get out of the old lease? 2. am I compelled to take out a new lease with them and if I do will this problem recur in 3 years' time? 3. why am I not being told how much the equipment they are proposing to lease to me actually costs?

What are "Heads of Agreement" and are they legally binding? — by Conrad Murray — last modified 2008-06-08 11:06

We are in the process if agreeing terms with a company to enter into a joint venture. Their negotiator says we should agree "Heads of Agreement" between our company and theirs. What are Heads of Agreement and how legally binding are they? What if we need to change anything before actually signing up? - are they enforceable and do we need a lawyer in at this stage top draw them up or should we just get a lawyer in to check them over when the deal is almost done?

Joint venture requires up-front investment: how do we make this binding before finalising heads of agreement? — by Conrad Murray — last modified 2008-06-08 11:21

We are looking to enter into a joint venture with another company which will require us each to enter into some paid-for market research prior to the agreement being reached. Each of us plan to do this ourselves at own initial expense but the costs of our research are likely to be far higher than theirs and the joint venture is for 50% each and we want to agree that we should recoup our costs on a 50:50 basis once the final agreement is signed or indeed if the results are unfavourable and we decide not to proceed. I'm told that this should be done in a short-form agreement which should be signed now before the joint venture agreement is finally drawn up. What is a short-form agreement and can you draw one up?

Can I specify what features I want in a product I am commissioning and demand they are met in a formal agreement? — by Conrad Murray — last modified 2008-06-08 11:37

My company is commissioning some bespoke software to be produced for us from a third party supplier. I would like to specify what I require to be delivered in some form of agreement but while I know what I want I am not technically minded. Can I produce an outline of what I want and get this incorporated in a formal legally binding agreement? I am obviously willing to pay a reasonable amount for the agreement to be drawn up.

I have invented a business process which could save my employers money: am I required to disclose it to them? — by Conrad Murray — last modified 2008-06-08 16:12

I have had an idea for a business process at my firm which I believe could save them a massive amount of money and which may enable them to sell it to other companies who could equally benefit. I am a relatively junior employee and want to protect my idea and financially benefit if possible. Am I required to "give" my idea to my employer? If not how can I preserve my rights to the process?

If we use an external company to develop an idea how do we protect it and also ensure we own sole rights? — by Conrad Murray — last modified 2008-06-08 16:57

Our company have had an idea which we need to develop. Implementing it will require us to bring in an external software house to undertake some work. How do we ensure that no details of the idea are passed to third parties and is it also possible to also preserve our rights to the idea as a whole? The software house have previously asserted that they copyright on some processes they have created in undertaking work for us and have in the past said they only provide it under licence. How can I demand that the work done is wholly our idea not there's and can be sold on without paying them any royalty - even a token one?

Are agreed Heads of Agreement binding if no substantive agreement was ever signed? — by Conrad Murray — last modified 2008-06-08 17:12

We agreed Heads of Agreement with a third party but no final agreement was ever signed. What are the implications? Is the agreement void?

Software caused our system to crash meaning we can't access files: does the Sale of Goods Act cover this? — by Conrad Murray — last modified 2008-06-08 17:45

Our network manager has installed some commercially available software on our system which has caused some of our proprietary software to stop working meaning we don't have access to a number of important files. I have spoken to the commercial software house and they say we should have made a backup before we installed their software and they are not responsible for any loss. Does the Sale of Goods Act not apply to computer software companies and in any event do I have grounds to sue them?

Can a competitor register a domain name which is close to mine and use it to steal my customers? — by Conrad Murray — last modified 2008-06-08 18:12

A competitor company of ours which was set up by staff who used to work here had set up a website with an address which is only one letter different to ours and with very similar content showing their products. Can we make them take it down on the grounds that this is an attempt at "passing off"?

Can I limit my liability in entering into an agreement to supply a product to a customer? — by Conrad Murray — last modified 2008-06-08 18:30

We are a software house and have been asked to produce a product for a government department. There are various penalty clauses regarding delivery and failure but it is a risky project technically and I feel our liabilities should be limited. Is there any way we can achieve this?

If a self-employed person owes a large debt, what action can the creditor take against them? — by mariam — last modified 2008-06-13 13:24

If a self-employed person owes a large debt, is there a legal route for the creditor to obtain information on his finances, assets etc in order to determine what action to take against them?

I am retiring from business: can I on-sell some genuine business software that I no longer need and if I do can I keep copies for my own use? — by Conrad Murray — last modified 2008-06-15 10:30

I have a large amount of genuine business software which I legally own but no longer need as I have retired. Am I allowed to sell it and if I do can I make copies for my very occasional private use or if I need to open any archived documents for whatever reason?

When forming a company should I draw up special Memorandums and Articles of Incorporation or will the "general" ones offered do? — by Conrad Murray — last modified 2008-06-15 10:48

I am about to register a company at Companies House. Under what circumstances do I need special Memorandums and Articles of Incorporation or will the "general" ones they are offering always do?

If a company is in financial trouble can it sell off some of its assets cheaply to some of the directors' relatives? — by Conrad Murray — last modified 2008-06-15 11:59

If a company is in financial trouble is is possible to transfer some of the assets by selling them cheaply to the some of the directors' relatives?

Set up limited company with a partner who now never turns up for meetings making decision-making impossible: is there any procedure we can follow to deal with this? — by Conrad Murray — last modified 2008-06-15 12:23

I set up a company with a partner which was successful and he has largely left me to it and enjoyed the money he is earning. The problem is that we are the only two shareholders and I can no longer get him to turn up to company meetings so we're increasingly paralysed in that we are unable to pass resolutions. I'm now in a position whereby I would bring in an outsider which would make us both very rich men and also give us the capital to develop the business to the next stage but because he refuses to attend meetings we are inquorate and so nothing can be done. Is there any procedure we can follow to either make him cooperate or bypass the need for him to attend?

In what circumstances is it sensible to consider the establishment of a Limited Liability Partnership (LLP)? — by Conrad Murray — last modified 2008-06-15 12:38

In what circumstances is it sensible to consider the establishment of a Limited Liability Partnership (LLP)?

What is the procedure for registering a debenture, what are the time frames in which it must be done and should I seek legal help with this? — by Conrad Murray — last modified 2008-06-15 13:03

What is the procedure for registering a debenture, what are the time frames in which it must be done and should I seek legal help with this?

We are a small company and are owed money by a customer who has now gone into administration. What can we do? — by mariam — last modified 2008-07-02 14:25

We are a small company and had a customer who owed over £1,000 since October 2007 . We applied to the local Court for a N1 form to get the money back and the company had until April 2008 to reply but they did not. I sent the form to the Court stating this and then I received a letter saying they were in administration. I am not sure now where we stand in this matter, could you please advise me of the next step, if any?

I have been given two cheques which have bounced and are from a husband and wife joint account. Can I claim equally against both parties? — by mariam — last modified 2008-07-04 14:13

I have been given two cheques from a husband and wife personal account, both of which have bounced. Can I claim equally against both parties to the account even though the wife did not sign the cheques. I have looked though the Bill Act but can't find answer. I need to know if I can pursue both as although the husband has no assets, the wife does.

A customer owes me money and has gone into administration. Some suppliers have been preferentially paid and I have received nothing. Surely this is prohibited? — by mariam — last modified 2008-07-24 19:24

A customer owes me £23k and despite months of chasing has gone into administration. I have proof that they were preferentially paying some suppliers and I have received nil. I believe that there is something in Company Law where this is prohibited? I am trying to get my claim higher up the list.

Can my wife upload some old clips to YouTube which were taped from 1980s television broadcasts? — by Conrad Murray — last modified 2008-08-01 16:16

My wife is friends with Bobby Ball of Cannon and Ball fame. He has given her permission to upload to Youtube some clips of their TV shows from the 80's. The clips are not commercially available anywhere and they are from her videos that she recorded from television. Is she allowed to do this? Bobby has given her permission but is unsure of copyright law or whether someone else may own the copyright or not. Tommy Cannon, the other half of Cannon and Ball has also given her permission.

I own 40% of a commercial property, what rights does my business partner, who owns 60%, have over me? — by mariam — last modified 2008-08-06 11:09

I own 40% of a commercial property, what rights or power does my business partner, who owns 60%, have over me? Particularly as he wants to sell his share?

I have a name for my new business which I wish to protect. How do I go about doing this? — by mariam — last modified 2008-09-04 13:20

I am in the process of setting up a tailoring made-to-measure suit business - I have a name for my business which I wish to protect - how do I go about doing this? What is the correct terminology and how much will it cost me?

I am a self-employed window cleaner and have a contract with a company owning several care homes. The company are always three to four months late in paying my invoices. Where do I stand and is there anything I can do? — by mariam — last modified 2008-09-05 09:56

I am a self-employed window cleaner and as part of my business I clean the windows of several care homes for a very large company. I have worked for this company for over twelve years and it has always been hard to get them to pay in a reasonable time. I always have to make lots of chase up phone calls and send them copy invoices for "lost" invoices. I usually have to wait three to four months to get paid for work carried out, whereas I should be paid within 30 days of the invoice date. The homes are an established part of my business which I don't want to lose. Where do I stand legally and what can I do about this?

I want to start a business from home using a PC. However, the Deeds of my house state very clearly that no trade or business is permitted. Is there anything I can do about this? — by mariam — last modified 2008-09-10 11:10

I would like to start a business based from home which will entail using a PC in a home office (a bookkeeping service). There will be no change to the house, no additional traffic etc. However, the Deeds of the house state very clearly that no trade or business is permitted. As the nature of the work will not affect the neighbourhood, nor will there be any internal or external change to the building, is there anything I can do about this clause in the Deeds?

How can I protect a web based system which I have developed from being copied by others? — by mariam — last modified 2008-09-10 12:30

I am developing a web based system for my business that I hope to sell to other companies in the UK and possibly abroad. Could you please advise me on how I can best protect this system from being copied by others?

In a business partnership breakdown, what would a partner be entitled to? — by Maria Mason — last modified 2008-10-15 11:24

In a business partnership breakdown, what would a partner be entitled to? I have worked in the business for fifteen years and was made a partner eight years ago. It now seems that the partnership will be ended and I need to know where I stand on a financial settlement.

A customer has complained that we damaged their furniture while fitting a carpet. Our insurance company is dealing with the claim but the customer's cheque has now bounced. What can we do? — by Maria Mason — last modified 2008-10-15 12:57

We own a carpet shop and fitting business and we recently did work for a customer who has claimed that we damaged their furniture. We have passed their details on to our insurance company to sort out the complaint. In the meantime, the customer's cheque has bounced and we feel it is likely that they have put a stop on the cheque as they were reluctant to take the matter to the insurance company (we believe they are "trying it on"). What legal right do we have to reclaim our carpet as they have not paid for it?

I co-run a small car sales site selling 'old bangers' under £1,000. Do I need to provide any sort of warranty for the cars sold? — by Maria Mason — last modified 2008-10-20 11:41

I co-run a small car sales site selling 'old bangers' under £1,000 - the average price is about £700 per car. Do I need to provide any sort of warranty for the cars sold to stay legal? What are my liabilities with cars sold should they go wrong etc? I wish to provide a good customer relationship to get repeat and further business.

Is it possible to transfer our family home into my wife's sole name to protect it against a possible business failure? — by Maria Mason — last modified 2008-11-05 13:52

Is it possible to transfer our family home into my wife's sole name to protect it against a possible business failure? The family home in question does not have any guarantees against it for the business and at the moment it is in my name.

When does a director of a company become personally responsible for the debts of the company if it goes into liquidation? — by Maria Mason — last modified 2008-11-10 19:33

When does a director of a company become personally responsible for the debts of the company if it goes into liquidation? On the advice of the Insolvency Practitioner my company was put into liquidation, now the IP has asked me to pay over £500k to cover the claims within the liqidation. The main creditor being HMRC

Do we have a case for legal action against a customer who has cancelled an order even though we received an official Purchase Order from them? — by Maria Mason — last modified 2008-11-12 12:34

Do we have a case for legal action (small claims Court) against a customer who has cancelled an order even though we received an official Purchase Order from them? We ordered equipment specifically for them and we did preperation work for them but they cancelled the order five days before the install was to go ahead.

We are a small business and have obtained judgement requiring a client to repay us over six months. No payment has been received. What is our best course of action to get payment? — by Maria Mason — last modified 2008-11-14 14:47

We are a small business and recently took a client to the County Court over a series of disputed invoices. The judgement required the client to repay us over six months starting July 2008 but no payment has been received. What would you advise as the best course of action to get payment? The total amount owing is nearly £3,000.