Skip to main content

Category Archives: Insight Article

Compulsory purchase – what does this mean?

Posted on by
photo of land acquired under a compulsory purchase order

What is a Compulsory Purchase Order?

A Compulsory Purchase Order (CPO) allows a public authority to acquire someone else’s property. This mechanism is also available to certain companies that provide public services, such as water or electricity companies.

If you receive a CPO, it means the authority intends to acquire ownership of your property, and you will have to transfer ownership to them.

Why might a Compulsory Purchase Order be created?

A CPO might be created where there is to be a major development, such as land required for a new hospital or a major housing development. It might be served by an electricity company that wishes to create a new substation or a water company that wishes to install a main sewer. Typically, new road and rail works lead to the issue of Compulsory Purchase Orders. One of the recent high-profile instances of the use of CPOs was the HS2 project.

What are the steps taken in creating and issuing a Compulsory Purchase Order?

When a public authority or utility company wishes to acquire land for a project, it goes through a series of steps.

The first step is to determine the extent of land required. They then need to identify the land owners they wish to acquire. Once this has been established, those who are affected are invited to object to the CPO. It then addresses objections either through written representations or a public enquiry. When these steps have been completed, the CPO is confirmed. The authority or company then takes steps to acquire ownership of the property that is subject to the CPO.

Can you object to a Compulsory Purchase Order?

Yes, you can. You should notify the issuing authority if you object to a CPO or make representations at any public enquiry. You will unlikely be recompensed for any expenditure you incur in objecting to the CPO.

Right to compensation

Those affected by a CPO have a right to compensation. However, the right only runs to put you in no worse financial position than before the CPO was served. You will be paid the market value of the land (and buildings), and you may receive additional compensation if other costs are incurred as a direct result of the CPO. An example of this would be removal expenses for moving house. The UK government has issued guidance in relation to making a compensation claim.

Making a compensation claim

You should consider instructing a professional to ensure you receive the correct compensation. Chartered surveyors can represent you in your compensation claim and agree on the amount of compensation you should receive. The UK government has published a Compulsory Purchase model compensation claim form and guidance notes to assist in your compensation claim.

Summary

If you are served with a Compulsory Purchase Order, it is essential you obtain professional advice. Dealing with a CPO can be challenging. A solicitor or surveyor will guide you through the process should you wish to object. They will also ensure your compensatory payment does not leave you out of pocket.

Contact compulsory purchase expert Stuart Jacobs today.

More from Stuart Jacobs on this topic: The Euston Estate: Compulsory Purchase Proceedings

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Legal jargon in wills: understanding your will

Posted on by
legal jargon written in scrabble like pieces

Legal jargon or terminology is used in wills to ensure precision and avoid ambiguity. These terms serve as shorthand to prevent lengthy explanations and to maintain clarity for those interpreting the document.

Key terms in wills

People

Beneficiaries: Beneficiaries are the individuals or organisations that will inherit portions of your estate after your death.

Executor: The executor is the person or organisation you appoint to manage your estate’s administration. Their duties include identifying assets and debts, applying for Probate, handling Inheritance Tax issues, and distributing the estate per the will’s instructions. Multiple executors can be appointed to act jointly or as substitutes.

Guardians: If you have minor children, you can appoint guardians to manage their affairs.

Issue: “Issue” refers to your descendants, including children, grandchildren, and great-grandchildren, named or entitled to inherit in the will.

Testator: The testator is the individual making the will. If you’re drafting a will, you are the testator.

Trustee: A trustee manages any trusts established within the will. There can be one or multiple trustees.

Money and property

Estate: The estate encompasses all the testator’s assets minus debts or liabilities, sometimes referred to as the net estate.

Assets: Assets are valuable items the testator owns, including property, cash, and investments.

Chattels: Chattels are movable personal property, such as personal belongings, furniture, or a car.

Bequest: A bequest is a gift of personal property specified in the will, for example, such as jewellery, a car, antique furniture, or art.

Legacy: A legacy, like a bequest, is a gift but can include all types of property, personal items, and cash.

Residue: The residue is what’s left of the estate after debts, bequests, and legacies are settled.

Life Interest: A life interest allows someone to use an asset during their lifetime without transferring ownership, often used in relation to property.

Conclusion

Understanding legal jargon in wills is crucial for clarity. If any term or phrase in your will is unclear, consult your solicitor for an explanation.

If you need a new will or have questions about your existing one, contact private client solicitor and wills specialist James McMullan today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Electronic signatures and digital contracts

Posted on by
graphic of an electronic signature on a laptop

Do you even need to sign a contract?

A contract does not need to take any particular form, and case law confirms that electronic documents are generally capable of satisfying a statutory requirement for contracts to be in writing.

Parties can make most contracts informally, and the law does not require a contract to be signed (either electronically or otherwise) for it to be valid. A signature merely indicates the signer’s intention to authenticate the document. So, most contracts may be validly concluded with an electronic signature.

Electronic signatures

An electronic signature or e-signature is data in electronic form which the signatory uses to sign a document, including:

  • typing a name or initials at the bottom of an email;
  • clicking “I accept” on a website;
  • using a stylus or finger to sign an electronic document via a touchscreen; or
  • digital signatures.

Digital signatures

A digital signature is a technologically advanced and secure type of electronic signature.

There are two categories of digital signatures:

  1. Advanced electronic signature (AdES)
  2. Qualified electronic signature (QES)

A QES provides the highest level of admissibility in UK and EU courts and has the equivalent legal effect of a handwritten signature.

QES requires identity authentication before a digital certificate is issued. It offers the highest level of trust through face-to-face ID verification. DocuSign offers multiple QES with ID verification options.

E-signing platforms, such as DocuSign, typically utilise AdES, which creates an audit trail as part of the digital signing process. This trail records:

  • who signed the document;
  • their email and IP address;
  • any additional steps taken to authenticate the signatory, such as a passcode sent to the signatory’s mobile phone; and 
  • a time stamp.

Does an electronic signature satisfy a statutory requirement for a contract to be made in writing or signed?

The Law Commission’s 2019 report: Electronic Execution of Documents, states that an electronic signature is capable in law of being used validly to execute a document (including a deed) subject to two important caveats:

  1. the person signing the document must have intended to authenticate it (that is, they plan to sign and be bound by it); and
  2. any formalities relating to the execution of that document must be satisfied.

If you sign a contract or deed with an electronic signature, but there is a contractual or statutory requirement for you to handwrite it (like in the case of wills), you will not execute the document validly.

The value of the contract or transaction and any jurisdictional considerations will help determine what lengths you should go to ensure the authenticity of a digital contract.

You should consider how trustworthy, secure and reliable the technology used to create the signature is. For example, a typed name at the end of a document is much easier to forge than a digital signature created by Adobe Sign.

If an opponent alleges that a digital contract is not authentic, they must prove their claim on the balance of probabilities. If the parties have used an e-signing platform, they will have a digital audit trail that would be substantial evidence of authenticity.

For digital contracts, the best practice is to use an e-signing platform wherever possible. It is also advisable to have a suitably drafted e-signing policy for your business so that all staff entering contracts do so correctly and in a way that reduces the scope for legal challenges in the future.

If you would like us to review your existing digital contracts or would like to implement an e-signing policy, get in touch with Patrick Simpson today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Family mediation and child arrangements

Posted on by
family mediation

If recently separated parents do not have a clear or agreed-upon plan for when the children spend time with each parent, this can cause stress and conflict. In the UK, the law provides several avenues to resolve such disputes. Whilst court proceedings are one option, they are not the only option. Mediation is often the preferred method of parents to reach an agreement as it is quicker, cheaper, and less stressful.

In this article, family solicitor Pippa Marshall explores the role of mediation in resolving disputes about child arrangements and offers guidance on what to do when there is no plan or agreement in place.

What is mediation?

Mediation is a voluntary process in which a neutral third party, known as a mediator, helps the disputing parties reach an agreement. Couples can use mediation to resolve a wide range of issues, including who the children live with after separation and when the children spend time with each parent. The mediator does not make decisions for you but facilitates communication and negotiation between you and your former partner to help you reach a mutually acceptable solution.

What are the benefits of mediation?

Mediation offers several advantages over litigation. It is generally quicker, less stressful, and less expensive than going to court. It also allows you to maintain control over the decision-making process, essential when dealing with sensitive issues around child arrangements. Mediation also encourages cooperation and communication, which can help improve the long-term relationship between you and your former partner, ultimately benefiting the children.

What will happen at mediation?

The mediation process typically begins with an initial meeting, known as a Mediation Information and Assessment Meeting (MIAM). During this meeting, the mediator will explain the process, assess whether mediation suits your situation, and answer any questions you may have. Suppose you both agree to proceed with mediation. In that case, the mediator will arrange a series of sessions where you and the other parent can discuss your issues. These sessions are confidential, and the mediator will ensure you both have an equal opportunity to express your views and concerns. During the mediation sessions, the mediator will help you and the other parent to explore different options and negotiate an agreement. If you reach an agreement, the mediator will draft a Memorandum of Understanding, which outlines the terms of the agreement. This document is not legally binding but can be converted into a legally binding court order if necessary.

Below are some steps you should take:

Contact a Mediator

The first step is to contact a mediator. We can help you find one, or you can find one through the Family Mediation Council or the National Family Mediation. Doing this as early as possible is helpful so you can start the process immediately.

Attend a MIAM

Both parents are usually required to attend a MIAM before starting mediation. This meeting will help you understand what mediation involves and whether it’s the right approach for your situation.

Prepare for mediation

Before the mediation sessions, consider what you want to achieve and any potential compromises you might be willing to make. It can also be helpful to seek legal advice to understand your rights and responsibilities.

Participate in mediation

During the mediation sessions, try to stay open-minded, listen to the other parent’s perspective, and focus on the children’s best interests. Remember, the goal is not to ‘win’ but to reach a solution that works for everyone and is in the children’s best interests.

Implement the agreement

If you reach an agreement, ensure you understand its terms and how you and your former partner can implement them. If necessary, you can ask a solicitor to draft a court order to make the agreement legally binding.

Conclusion

While disputes about child arrangements can be challenging, mediation offers a constructive and cooperative way to resolve these issues. By focusing on the children’s best interests and working towards a mutually acceptable solution, parents can ensure that the festive season is a time of joy and celebration for everyone.

Contact Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Is your business acquisition ready?

Posted on by
plan for a 2024 business acquisition image of notepad planner

Acquisitions can be a pivotal strategy for driving business growth. They can enhance outreach and value by expanding the depth and scale of your operations and team. However, if not managed properly, acquisitions can lead to disruptions, unsettle employees, and ultimately decrease the overall value of the business.

Evangelos Kyveris shares five key considerations to evaluate before pursuing a business acquisition.

  1. Align with your business growth strategy

    Ensure your business plan outlines a clear growth strategy with specific objectives and timelines. While an acquisition may initially appear attractive, its success depends on aligning with your original objectives and timelines. It should be an integral part of your broader growth strategy.
  2. Evaluate your financial readiness

    Assess if your business can support an acquisition financially without future disruption. You must have adequate funding to cover the capital investment and ongoing costs of the acquisition. If not, the financial strain could destabilise your business, making it wiser to avoid the risk.
  3. Prepare your logistics

    Equip your business with the necessary systems and processes for a smooth acquisition. This includes readiness across HR, IT, and accounting to ensure seamless integration of the new business, its employees, clients, and other assets.
  4. Choose the right target

    Allow ample time to engage with potential acquisition targets. The target should align with your business needs and objectives, such as generating value. Conduct thorough due diligence as preparation is crucial for a successful acquisition.
  5. Seek professional assistance

    Understand the legal, financial, and tax implications of the proposed acquisition. Professional advice is often essential to navigate these complexities.

How RIAA Barker Gillette can assist with your business acquisition

Navigating the legal intricacies of a successful acquisition can be challenging. The experienced corporate and commercial team at RIAA Barker Gillette offers pragmatic and insightful legal advice to help structure, negotiate, and complete your acquisition. Additionally, they can connect you with other trusted professional advisers such as accountants and tax advisors.

Contact Evangelos Kyveris for more information on business acquisitions today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

How should an employer respond to a ‘heat of the moment’ resignation?

Posted on by
heat of the moment resignation. a person leaving with their belongings

In the usual course of business, an employee who has properly given notice of termination has no right to withdraw it unilaterally. But why should a ‘heat of the moment’ resignation be different?

A case before the Employment Appeal Tribunal (EAT) has provided some useful guidance on the matter.

In February 2020, Mr Omar resigned from his employment ‘in the heat of the moment’ during an altercation with his line manager. On the same day, in a later meeting, he asserted that his employer’s CEO recognised that he wished to continue in employment and asked him to consider the offer of an alternative role. At a meeting a few days later, the CEO told Mr Omar that his line manager had decided she did not want to work with him, so his resignation would stand. His employer asked him to confirm his resignation in writing, which he said he would do. Rather than confirming his resignation, Mr Omar sought to retract it. In earlier disputes, Mr Omar verbally resigned from Epping Forest District Citizens Advice (EFDCA) twice. EFDCA refused to accept the retraction and treated his employment as terminating on one month’s notice. Mr Omar subsequently brought claims for unfair dismissal and wrongful dismissal.

His case was that he had not resigned, and there was a ‘special circumstance exception’ preventing EFDCA from relying on his verbal resignation, which he made in the heat of the moment. In Mr Omar’s case, because his resignation was ineffective, he had, therefore, been dismissed. 

Whilst the Employment Tribunal found that Mr Omar had resigned, the EAT disagreed and remitted the case to a new re-hearing, commenting that it was a ‘finely balanced case’. In doing so, the EAT gave the following guidance:

  • A ‘special circumstances’ exception does not really exist. What is crucial is whether the resignation was properly given and really intended in the first place, and this will apply to all resignations,
  • Where a reasonable employer stands in the shoes of the employer, would that employer feel that the resignation was ‘seriously meant’, ‘really intended’ or ‘conscious and rational’?
  • Where notice of dismissal or resignation is properly given, it can only be retracted with the other party’s agreement.

This recent case adds nothing new to the law on resignations and dismissals made in the heat of the moment. Still, it does provide some helpful analysis. Tribunals will likely use it as a reference tool in future cases. The crux will focus on whether the employee ‘really intended’ to resign, viewed from the perspective of a reasonable employer at the time the employee actually spoke the words. The purpose is not for the law to allow for a change of mind. It will only be in cases where the employee did not intend to resign that the resignation will not be effective.

When an employee gives notice calmly and arguably ordinarily, it will usually be safe for employers to treat it ordinarily. When an employee utters their words in a heated situation or following a conflict, we advise employers to reflect carefully and take the time to assess whether it is reasonable to rely on the resignation. All those involved must make detailed notes of what was said at the time and by whom.

The EAT has cited several examples of cases where dismissals or resignations were effective despite the giver of the notice being angry, stressed, depressed, or mistaken about the other parties’ wishes. This emphasises that each case really does depend on its facts and the circumstances known to the parties at the time. 

This case should serve as a salient reminder to employers to treat any workplace dispute with care and seek out timely legal advice at an early stage.

For advice on employment law issues arising in business contact Karen Cole today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Understanding financial provisions on divorce

Posted on by
a woman considering her financial provisions in divorce

Section 25 of the Matrimonial Causes Act 1973 is vital in determining financial provisions following a divorce in the UK. The objective of the court is to achieve an outcome which is as fair as possible in all the circumstances, and in this guide, we will walk you through the key points of Section 25 to help you understand how.

What is Section 25?

Section 25 is a critical piece of divorce legislation that provides guidelines for courts to consider when determining financial settlements.

The court aims to achieve fairness based on the following factors.

  • Needs, obligations and responsibilities
  • Income, earning capacity and financial needs
  • Standard of living before the family breakdown
  • Age, health and contributions
  • Children
  • Duration of marriage
  • Conduct

The court has broad discretionary powers, so while Section 25 provides guidelines for courts to consider when making a financial provision, there is no standard or statutory formula for calculating the appropriate financial division. The court must consider all the circumstances of the case, including the welfare of any minor children.

When a marriage ends, complex financial matters often arise, including the division of capital and pension assets and spousal and child maintenance. Section 25 provides a structured approach to addressing these issues.

The Key Factors Considered Under Section 25

Needs, obligations and responsibilities

In many cases, sufficient resources may not be available as one household is effectively split into two, meaning one party may be awarded a greater share of the family wealth because they have a greater need, such as being a primary carer for young children or a lower earning capacity.

If there is a surplus of assets after both parties’ needs have been met, the court will consider how they are shared.

Income and earning capacity

One of the primary factors considered under Section 25 is income and earning capacity. The court will examine each party’s financial resources, including current income, potential earnings, and any other financial assets.

To ensure a fair outcome, full and frank financial disclosure of assets during divorce proceedings is essential. Disclosure will involve providing documents such as bank statements, pay slips, tax returns, pensions, and details of any investments or properties owned.

The court will also consider the future earning capacity of each spouse. For example, suppose one partner has sacrificed their career or education to support the family. In that case, the court may consider this when determining spousal maintenance.

Standard of living

Maintaining the standard of living enjoyed during the marriage is an essential consideration for the court.

The court will assess the living arrangements during the marriage, including the family home, possessions and overall quality of life. It strives to ensure that neither spouse experiences a significant decrease in living standards after the divorce.

Age, health and contributions

Age and health play a vital role in determining financial provision as they can impact one’s ability to work and support themselves.

The contributions made by each spouse during the marriage are also significant factors. These contributions can be financial, such as earning an income or contributing to savings and investments, or non-financial, such as taking care of the household and children.

The court recognises the value of financial and non-financial contributions. It aims to ensure that each spouse receives a fair share of the marital assets based on their contributions.

Children

Under Section 25, children’s welfare is a priority. This does not mean welfare is paramount to any other considerations, but the court will want to ensure that any children’s housing needs are met in the first instance.

Duration of marriage

The courts will consider the marriage’s length when determining financial provisions. Longer marriages may lead to more substantial financial settlements to ensure fairness and address any financial imbalance.

For marriages of shorter duration, the financial settlement may be different as the parties may have fewer shared assets or economic ties. In such cases, the court will still strive to achieve fairness and meet the needs of both parties and any children involved.

Conduct

While the UK follows a no-fault divorce system, Section 25 does permit the court to consider conduct, such as financial irresponsibility or concealment of assets, if it affects the financial situation. However, courts are only willing to consider conduct if it would be inequitable to disregard it.

Litigation misconduct in financial proceedings refers to behaviour that departs from the expected standards of conduct within the proceedings. It encompasses actions such as providing false information, non-compliance with court orders, intentionally prolonging litigation, and generally attempting to mislead the court.

Such misconduct can result in the court making adverse inferences against a party and making cost orders against them. Parties involved in financial proceedings must comply with the litigation rules to avoid such consequences.

Ensuring a fair and empowering financial settlement

Divorce is a significant life event, and having an experienced legal representative, such as a solicitor, is crucial.

At RIAA Barker Gillette (UK), we have the expertise and dedication to help you navigate the complexities of financial provisions under Section 25.

Our team will advocate on your behalf during negotiations or court proceedings, striving to achieve your best possible financial outcome. We understand that the decisions made during divorce can have long-term consequences, and we are committed to helping you build a strong foundation for your future. Whether securing a fair division of assets, ensuring appropriate spousal maintenance, or establishing child maintenance arrangements, we are committed to achieving the best results. We focus on securing a fair and empowering financial settlement, allowing you to start a new chapter with confidence and economic stability.

Negotiation and Mediation

Negotiation and mediation are helpful methods for parties to reach an agreement outside of court regarding financial provisions in divorce. These alternative dispute resolution methods can help parties save time, money, and emotional stress and ensure, where possible, that the parties can resolve matters amicably.

During negotiations, both parties and their respective legal representatives discuss and propose solutions for financial matters. The goal is to find common ground and reach a mutually agreeable settlement.

Mediation involves a neutral third party, the mediator, who facilitates discussions between the spouses. The mediator does not make decisions but helps guide the conversation toward finding resolutions that work for both parties.

Call 020 7299 6947 and speak to Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Agile AI Regulation: Moving with the times

Posted on by
AI Regulation image of coder

On 6 February 2024, the government published a response to the AI White Paper published in March 2023, which we covered in our earlier articles, Artificial intelligence will be challenged and the UK approach to AI regulation. The response followed a 12-week public consultation in which individuals and organisations were engaged through written consultation, roundtables, workshops, and insight from the regulators.

The consultation asked 33 questions to garner the respondents’ views on issues relating to the AI White Paper and the realm of AI generally. The questions covered issues such as transparency, legal responsibility, how broad or narrow guidelines or laws should be, who should regulate, support tools that should be available, and the overall approach that should be taken.

A united front

There were few answers in which the respondents expressed a wholly united stance, with various views and ideas for each question. Here are some of the areas in which there appeared to be the most agreement among the respondents:

  • Cross-sectorial principles: There was strong support for revised cross-sectorial principles that will cover broader risks posed by AI technologies and add some specific standards to the currently drafted principles.
  • Legal framework: Respondents widely felt that the current legal framework to remedy AI-related harms is inadequate within the UK and across borders. They also felt that organisations need a legally responsible person for AI, similar to a Data Protection Officer for GDPR oversight in companies.
  • Transparency: The responses made it clear that transparency regarding when organisations are using AI is important for building public trust, creating accountability, and making it easier to seek redress.  
  • Resources: There was a wide acknowledgement that regulators would require increased resources to monitor and enforce legislation effectively. 
  • Delivery: Many respondents believed the proposed framework would benefit from central delivery, and most respondents felt the government was best placed to deliver and provide oversight of the central functions. However, regulators are the best placed to implement the principles themselves in their own sectors. Further, the current framework in the White Paper needs further clarification on liability across the AI life cycle. 

Overall, the responses acknowledge that legislation may ultimately be necessary. Still, the preferred option is an agile and more flexible approach to AI regulation at this time.

What’s next?

Since the publication of the White Paper, several regulators, such as the CMA and the ICO, have published their reviews and guidance on AI systems in their sectors. More regulators, such as the Office of Gas and Electricity Markets and Civil Aviation Authority, are working on their strategies to be published. The government has asked several regulators to publish an update outlining their strategic approach to AI by 30 April 2024.

The government has established a team to deal specifically with cross-sectoral risk monitoring. It plans further targeted consultations and intends to publish an “Introduction to AI assurance” in spring 2024. The government plans to establish a steering committee with government representatives and key regulators. It has said it is investing in regulators to enable them to work together and improve practical tools to address AI risks and opportunities. The government will also review the current regulatory powers to identify any gaps.

There is much more work to do, so watch this space.

Contact Victoria Holland today for more information on AI regulation.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Working with freelancers

Posted on by
Working with freelancers

The term freelancer is just one label commonly used to describe the self-employed. Others include consultants and independent contracts. Hiring freelancers can offer numerous benefits for businesses, such as cost savings and access to specialised skills. However, businesses must be aware of the legal considerations of working with freelancers. This article will explore the critical legal issues employers should be mindful of when engaging freelancers and provide guidance on navigating these challenges.

Contracts

While having a contract with freelancers is not a legal requirement, we highly recommend that you establish any expectations clearly and that both parties protect their rights. A comprehensive contract should include the following elements:

  • Scope of Work: Clearly define the tasks and deliverables expected from the freelancer and the position regarding remedial work (if relevant).
  • Project Timeline: Establish the timeframe for completion of the project.
  • Dispute Resolution: Outline how the parties will handle disputes through alternative dispute resolution methods or civil litigation.
  • Termination Clause: Include a termination clause that specifies the conditions under which either party can end the contract.
  • Payment: How, when, and by what method should the freelancer expect payment(s) under the contract? 
  • Confidentiality: Are there specific types of confidential information to protect during the engagement and after termination? 

By having a well-drafted contract in place, businesses and freelancers can ensure a mutual understanding of their obligations and minimise potential conflicts.

Intellectual Property Rights

One of the primary legal concerns when working with freelancers is the issue of intellectual property (IP) rights. While businesses generally have implied rights to use the material created by freelancers, it’s essential to establish clear guidelines to avoid potential disputes. Businesses should consider the following:

  • Crediting: Determine whether you will acknowledge the freelancer as the work’s author or prefer to keep their contribution anonymous.
  • Promotions: Specify how and by whom the material will be used for promotional purposes.
  • Exclusivity: Decide whether you require exclusive or non-exclusive rights to the material.
  • Usage: Clearly define how and where the material will be used.
  • Editing: Establish whether you have the right to edit or alter the material in the future.

Employers can mitigate potential IP disputes by addressing these considerations upfront and documenting them in a consultancy agreement or terms and conditions.

Payment Terms

Clear and well-defined payment terms are essential when working with freelancers to avoid financial disputes. Businesses should carefully consider the following aspects of payment:

  • Rate of Pay: Determine whether you will offer a fixed sum for the project or an hourly rate. If using an hourly rate, establish how hours will be measured, recorded and reported.
  • Invoicing: Specify if freelancers are required to send invoices and establish the frequency and method of invoicing.
  • Payment Timescale: Agree on a payment schedule that works for both parties to ensure freelancers can manage their finances effectively.
  • Taxes: While freelancers typically handle their tax affairs, it’s essential to clarify whether they are VAT registered and ensure that you address any tax implications.

Employers can avoid disputes and maintain positive working relationships with freelancers by setting clear payment terms and adhering to them.

Non-Disclosure and Exclusivity Agreements

Confidentiality is crucial when working with freelancers who may have access to sensitive information about your business. To protect your interests, consider implementing non-disclosure agreements (NDAs) to ensure freelancers maintain confidentiality. Additionally, exclusivity agreements can prevent freelancers from working on similar projects for your competitors during a specified period. These agreements provide legal recourse and safeguard your proprietary information if any breaches occur.

In addition to the legal issues mentioned above, there are several other factors businesses should be mindful of when working with freelancers:

  • Worker Classification: The law has dealt with situations where freelancers were found to be employees because of the nature of their working relationship with the organisation that engaged them. Ensure freelancers are correctly classified as independent contractors to avoid conflict with employment law and potential liabilities. Ensuring that what happens in reality is reflected correctly in the agreement is vital. 
  • Insurance Coverage: Assess whether freelancers require their own insurance coverage for errors, omissions, or negligence related to their work. Consider including clauses in contracts to address insurance responsibilities.
  • Workplace Issues: Although freelancers are not traditional employees, they still have the right to a harassment-free and non-discriminatory work environment. Ensure that managers and employees interact professionally and maintain a respectful workplace culture.
  • Licensing and Permits: Some professions may require freelancers to hold specific licences or permits to practice legally. Businesses should confirm that freelancers possess the necessary credentials to perform their work.

By proactively addressing these legal considerations, businesses can foster positive and compliant relationships with freelancers while avoiding potential legal pitfalls.

Working with Freelancers, the Conclusion

Working with freelancers offers numerous advantages for businesses, but it also comes with legal complexities. By understanding and addressing the key legal considerations discussed in this article, businesses can establish clear expectations, protect their intellectual property, and maintain positive working relationships with freelancers. It’s crucial to consult with legal professionals to ensure compliance with relevant laws and regulations. By navigating these legal considerations effectively, businesses can fully leverage the benefits of working with freelancers while minimising legal risks.

Contact Karen Cole today for more information on working with freelancers.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Travelling abroad with a child who has a different surname

Posted on by
Travelling abroad - picture of a little girl with sunglasses seen through a rubberring

In England and Wales, the Children Act 1989 primarily governs parental rights and responsibilities. It outlines the rules regarding parental responsibility, including decisions related to a child’s upbringing. Below, we provide information on the legal considerations surrounding taking and travelling abroad with a child abroad and guidance to navigate this situation.

Understanding parental responsibility

Parental responsibility encompasses all the rights, duties, powers, responsibilities, and authority a parent has concerning their child and their property. It includes making important decisions about the child’s education, health, religion, medical interventions, and general upbringing.

Permission requirement for taking a child abroad

The law is clear regarding travelling abroad internationally with a child. If a parent intends to take their child out of the UK, they must obtain permission from all individuals who share parental responsibility for the child or seek the court’s permission. This requirement applies regardless of whether the child shares the same surname as the travelling parent or not.

Consequences of travelling abroad without permission

Taking a child abroad without the necessary permission can be considered child abduction, which is a criminal offence. It is, therefore, crucial for parents to understand the steps and permissions they must take before booking a holiday abroad.

Exceptions to the permission requirement

While permission from all those with parental responsibility is required to take a child abroad, there is an exception to this rule. A parent with a Child Arrangement Order specifying that the child lives with them can take the child abroad for up to 28 days without seeking permission. It is always advisable to inform the other parent if you are taking the child out of the country, as communication promotes and aids effective co-parenting, but their permission is not required. 

It is essential to consult the specific terms of the Child Arrangement Order and ensure compliance with any restrictions or conditions.

Handling different surnames

In situations where a child has a different surname from the travelling parent, it is advisable to carry evidence of the parent-child relationship should you need to clarify the difference in surnames. Carrying such documentation can help mitigate potential difficulties at border controls or when questioned about the child’s identity. Supporting documentation may include the child’s birth certificate, divorce or marriage certificates, or a letter of consent from the other parent clearly stating their agreement to the child’s travel.

What to remember when travelling abroad with a child with a different surname

When planning to travel abroad with a child, it is essential to understand and comply with the legal requirements surrounding parental responsibility.

  • Seek permission from all individuals with parental responsibility.
  • Follow the directions of any court orders concerning the child.
  • If the child
  • has a different surname from the travelling parent, carry the relevant supporting documents to help facilitate smooth travel.

By following the legal guidelines, parents can ensure the best interests of their children while enjoying travelling abroad.

Contact family law solicitor Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Understanding Court of Protection applications in England and Wales
    When someone can no longer make decisions for themselves and has not put a Lasting Power of Attorney in place, the Court of Protection can step in. This article explains what the Court of Protection does, when an application may be needed, and what t


    Read more

  • Warranties and indemnities: Key protections in share and asset sales
    An overview of warranties and indemnities in share and asset sales, explaining key differences, common protections, liability limits and risk allocation.


    Read more

  • The Employment Rights Act is a call to action for employers 
    A new year, a new employment framework: what employers need to know about the Employment Rights Act passed by parliament in December 2025.


    Read more

  • Dilapidations explained: What commercial tenants and landlords need to know
    Dilapidations are a common source of dispute at the end of a commercial lease. They can involve significant sums of money and often come as an unwelcome surprise to tenants who believed they had left a property in reasonable condition. Understanding


    Read more

  • The role of due diligence in corporate transactions
    In corporate transactions, due diligence is a key stage that usually follows agreement of Heads of Terms, allowing the Buyer to investigate the target company or its assets before committing to the deal.


    Read more

What they say...

  • Sharla Munian, February 2026
    Outstanding Legal Support and a Brilliant Result “I cannot recommend RIAA Barker Gillette highly enough. My solicitor supported me throughout a very challenging property litigation matter, and thanks to her expertise, dedication, and strategic

  • Client, February 2026
    Very good service in disagreement with architect “RIAA assisted me in a conflict I had with my architect, who wanted to overcharge me. The end result was satisfactory, with invoices reasonable despite being slightly higher than expected!”

  • Sharla Munian, February 2026
    Outstanding Solicitor Who Delivered the Outcome I Hoped For “After a number of years navigating a complex financial settlement following my separation, my solicitor has been incredible from start to finish. Their professionalism, patience, and

  • Peter, February 2026
    Advice on potential claims by an employee & settlement negotiation “Clear, efficient advice and timely execution. I would highly recommend Patrick and RIAA Barker Gillette.”

  • Amish Bristol, January 2026
    Absolutely brilliant, fast, professional, clear and delivered a robust service “Recent mortgage oversight from Ben Marks and Anne was superbly dealt with, and I intend on moving all my business to them. For a big firm, they really do pay attent

Read more