Wrigley Claydon Solicitors

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  • Victory in Lego copyright case

    Lego says it has won a landmark copyright case in China against rival products almost identical to its famous toy bricks.

    It is the first time Lego has won a competition case against Chinese copycat products. The victory follows an earlier court ruling that Lego’s name and logo are well-known trademarks in China.

    Firms making copycat versions have been a big problem for Lego as some of them are so convincing even Lego’s China boss could not tell them apart when tested by the BBC earlier this year.

    Copyright solicitor

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights we can help. We can assist you in securing an injunction and/or damages or account of profits and the delivery up and destruction of the offending item. If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimising your liability.

    If you feel you have an intellectual property case and need some legal advice then please speak to Shalish Mehta, our copyright solicitor. Please call us on 0161 624 6811 or email sm@wrigleyclaydon.com.

  • GVC gambles on Ladbrokes Coral takeover

    Gambling organisation Ladbrokes Coral is in talks over a takeover by online rival GVC, who own the Bwin and Sportingbet brands in a deal that could value the group at up to £3.9bn.

    Under the proposals, GVC would hold 53.5% of the combined group.

    Ladbrokes Coral became the UK’s biggest high street bookmaker following last year’s merger of Ladbrokes and Coral.

    The maximum price GVC will pay will depend on the outcome of the government’s review of gaming machines. The Department of Culture, Media and Sport has said it will cap the size of stakes gamblers can make on fixed-odds betting terminals, due to concerns they may harm vulnerable people.

    GVC and Ladbrokes Coral said that the review could impact on the profitability of Ladbrokes Coral’s UK business.

    Ladbrokes Coral shares increased to 23% on news of the talks, while GVC’s were up by 4%.

    Business takeover solicitors

    If you are considering a company merger, acquisition, takeover or joint venture or are in the midst of a shareholder dispute or share capital transaction or need business advice please contact our business takeover solicitors.

    Call 0161 624 6811 to speak to John Porter and Soibi Iketubosin in our Company/Commercial Department or email jap@wrigleyclaydon.com or si@wrigleyclaydon.com.
  • The last tango for dancing duo?

    The last tango for dancing duo?

    Dancers Kevin and Karen Clifton on the popular BBC programme Strictly Come Dancing are barely speaking to each other and are on the brink of divorce, show insiders claim.

    The news comes after Karen Clifton was spotted with her rumoured boyfriend in London.

    The couple has been married for two years.

    Advice on separation

    At Wrigley Claydon, we fight on your behalf to make this difficult time a little easier. We are experienced family lawyers and can assist you with the legal aspects of any family situation in which you may find yourself. We deal with our cases sensitively.

    If you are looking for family advice then please call 0161 624 6811 to speak to our Family Department.
  • Late Payment of Commercial Debts

    Late Payment of Commercial Debts

    What type of firms can I apply the late payment legislation to?

    The legal status of the business you are seeking to claim interest from is irrelevant. It can be a sole proprietor, partnership or limited liability company. However you cannot apply the late payment legislation to personal debt.

    What if a customer has more than one overdue invoice? How do I claim these multiple
    debts?

    If each invoice relates to a separate order for goods or services, then you are entitled to claim interest and compensation on each overdue invoice. The amount of compensation that the legislation states that you can claim for varies with the size of the claim.  Of course you have the option to add together several claims for compensation and late payment interest in one claim. If you do this, you should calculate each individually and set them out in writing so it is clear which claim relates to which order.

    Do I invoice for the interest and compensation?

    You should not issue an invoice for the interest and compensation – you put your claim in writing. Interest accumulates on a daily basis, so the longer the debt is unpaid, the more interest racks up. If your claim for interest remains unpaid, then you need to contact the customer again to chase, explaining that interest is continuing to accrue.

    Can I claim compensation for debt recovery costs and VAT, as well as late payment
    interest?

    The right to compensation for debt recovery costs was introduced for contracts dated on or after 7 August 2002. This can be claimed alongside the statutory late payment interest. Businesses are entitled to claim compensation when a debt remains unpaid after the date specified on the contract, or in the absence of a contract, 30 days after the delivery of the goods or service. The claim for compensation is made to the debtor, together with the claim for interest. Please note that businesses with their own contract terms for late payment interest forfeit their right to use the late payment legislation.

    In March 2013, the revised legislation entitles creditors to claim further recovery costs on top of the interest and compensation. For example, the cost of using a solicitor or debt recovery business can be added to the claim.

    How do I deal with collecting late payment interest when the invoice has been partially
    settled?

    In legal terms, interest continues at the ‘daily rate’ on the whole of the outstanding debt. Charging interest is designed to be a spur to payment. You should use the interest charge to encourage the debtor to pay on time i.e. explain to the debtor that they can avoid these extra costs if he/she pays according to terms.

    Do I have to notify a customer of my intention to charge late payment interest and debt
    recovery costs?

    It is not necessary for a customer to have been notified in advance of the intention to charge late payment interest and compensation and you do not have to refer to it in your contract.

    Should I sue for late payment interest?

    It is important to note that you do not need to go to court to claim late payment interest and debt recovery costs. You have a statutory right to both and these should be paid with the principal sum by the debtor.

    It may not be necessary at this stage to threaten your debtor with Court action, as that may be enough to prompt your debtor into responding to your calls and hopefully paying your invoice. It is advisable that you think carefully before deciding to pursue the debt through the court and that you speak with us.

    A customer is refusing to pay. What should I do?

    If a customer ‘refuses’ to pay you, it is important to establish why, rather than immediately seeking to sue the debtor. It could be that they are disputing the payment, in which case the onus is on you to resolve the dispute.

    You should write to whomever the commercial contract is with to acknowledge the outstanding payment.

    If the customer ignores your letter (which you should chase up with a phone call), has not disputed your invoice and has no justifiable reason for withholding payment, then you should speak to us about recovering the debt through the County Court.

    If a judgement is obtained, it may be necessary to take some enforcement action. Such action may include an application for an order to obtain information from a judgement debtor, a third party debt order, or instructing the Court Bailiff or the Sheriff.

    An order to obtain information from a judgement debtor brings the debtor before the Court to be examined under Oath, by the Court. A third party debt order is a way of obtaining money that is owed to you. If the debtor has money in a bank account, or a building society, the bank or building society can be ordered to pay the money over.

    Commercial debt

    Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Call our commercial debt solicitor, Shalish Mehta, in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com.
  • Litigation case drags on for 17 years as two sides refuse to cooperate

    Litigation case drags on for 17 years as two sides refuse to cooperate

    High Court judge Mr Justice Fraser has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.

    He said both sides in Bates & Ors v Post Office Ltd had rebuffed efforts to manage the case in a cost-effective and efficient way.

    The case involves sub-post masters pursuing action against the Post Office. The claimant group is seeking damages related to the introduction of an electronic system around 17 years ago, which allegedly caused financial distress and in some cases bankruptcy.

    Some of the issues reported during the litigation included:

    • Failing to respond to directions for two months
    • Failing to even consider e-disclosure questionnaires
    • Failing to lodge required documents with the court
    • Refusing to disclose obviously relevant documents
    • Threatening ‘pointless’ interlocutory skirmishes.

    At the case management conference, the claimants sought a substantive hearing for October 2018, while the defendants argued the case could be managed for another entire year without any substantive hearing being fixed. Under this proposal, the hearing would not happen until at least 2019.

    The day after trial was ordered for November 2018, leading counsel for the defendant wrote to ask that it be moved as he already had a hearing at the Companies Court. The judge suggested it was a ‘clear case of the tail wagging the dog’ if barristers’ clerks were allowed to dictate hearing dates, and he said there was reasonable notice to arrange for a replacement counsel.

    Business litigation solicitors

    Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com.
  • UK retail sales up in October against last year

    UK retail sales up in October against last year

    UK retail sales fell by 0.3% in October 2016 compared with October 2017, according to the Office for National Statistics (ONS) who said it was the first annual fall since March 2013.

    Higher inflation had dampened spending, the ONS said, but it also pointed to the fact that last October had seen very strong growth.

    Taking the three months to October, sales volumes were up 0.9% compared with last year.

    The ONS said this suggested the underlying pattern in the retail sector was one of growth.

    Business growth solicitor

    If you are considering a company merger, acquisition, takeover or joint venture or are in the midst of a shareholder dispute or share capital transaction or need business advice please contact our business growth solicitor.

    Call 0161 624 6811 to speak to John Porter and Soibi Iketubosin in our Company/Commercial Department or email jap@wrigleyclaydon.com or si@wrigleyclaydon.com.
  • Transgender woman denied access to children takes fight to Court of Appeal

    Transgender woman denied access to children takes fight to Court of Appeal

    A transgender woman, referred to as J, who left a tight-knit ultra-Orthodox Jewish community to embark on a new life as a woman has taken her case to be allowed access to her five children to the Court of Appeal.

    She was challenging a ruling that the children risked greater psychological harm by being ostracised by the Haredi community if they saw her than if direct contact ceased.

    Earlier this year, J told Mr Justice Peter Jackson in the Manchester family court, that she wanted to be “sensitively reintroduced” to her children, whom she had not seen for about 18 months.

    The children’s other parent, referred to as B, told the court that direct contact would result in the children being shunned and excluded from family events and community festivities.

    With “real regret”, Mr Justice Peter Jackson said that the children should not see J but should be allowed to exchange letters and cards.

    Three appeal judges Sir James Munby, Lady Justice Arden and Lord Justice Singh – considered J’s case on Wednesday and are expected to rule in the near future.

    Family court solicitor

    At Wrigley Claydon, we fight on your behalf to make this difficult time a little easier. We are experienced family lawyers and can assist you with the legal aspects of any family situation in which you may find yourself. We deal with our cases sensitively.

    If you are looking for family advice then please call 0161 624 6811 to speak to our Family Department.

  • Divorce payout failure for ex footballer Ginola

    Ex Newcastle and Spurs footballer David Ginola represented himself at London’s Central Family Court yesterday as his ex-wife and former model ex-model Coraline sued him over her divorce payout.

    Ginola is accused of failing to pay up what he agreed to.

    Ginola told the judge he needed to renegotiate the deal due to unforeseen circumstances. The case was adjourned.

    It is not clear why the ex-footballer has not been able to honour his payments.

    Divorce solicitor

    At Wrigley Claydon, we fight on your behalf to make this difficult time a little easier. We are experienced family lawyers and can assist you with the legal aspects of any family situation in which you may find yourself. We deal with our cases sensitively.

    If you are looking for family advice then please call 0161 624 6811 to speak to our Family Department.
  • Profits down but sale up for Sainsbury’s

    Profits down but sale up for Sainsbury’s

    Sainsbury’s has reported a 9% fall in half-year profits, but sales rose.

    The UK’s second largest supermarket chain said profits were £251m in the 28 weeks to the 23 September, while like-for- like sales excluding fuel went up by 1.6%.

    It said the fall in profits was due to price cutting, wage cost inflation and the consolidation of Argos.

    Sainsbury’s took over catalogue retailer Argos and Habitat in 2016 in a £1.4bn deal.

    Sainsbury’s share price fell more than 3% following the release of the results.

    Business solicitors

    If you are considering a company merger, acquisition, takeover or joint venture or are in the midst of a shareholder dispute or share capital transaction or need business advice please contact our business solicitors.

    Call 0161 624 6811 to speak to John Porter and Soibi Iketubosin in our Company/Commercial Department or email jap@wrigleyclaydon.com or si@wrigleyclaydon.com.

  • High Court battle for Monarch Airlines slots

    Monarch Airlines has lost its High Court battle against Airport Co-ordination Limited’s (“ACL”) decision not to allocate certain take-off and landing slots to Monarch for next summer.

    Monarch wanted to exchange with other carriers to raise cash for creditors. The slots cover Manchester, Gatwick, Birmingham, Luton and Leeds-Bradford airports.

    The airline ceased trading last month and its administrators called the slots its “most valuable asset”.

    ACL which allocates 39 airports’ slots accepted that Monarch would have received some of them if it had not gone into administration.

    Wizz Air and EasyJet are among airlines who are interested in acquiring them.

    Judges rejected Monarch’s claim that ACL was under a duty to allocate the summer 2018 slots to it “by reason of historical precedence” and said they should be placed in the slot pool.

    Administrator KPMG said it would seek to appeal the High Court decision.

    Dispute solicitors

    Suffering a financial or contractual dispute can have serious implications on your business. Our dispute solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com.