Solicitors in Market Harborough

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We aim to provide practical guidance on useful areas of busness law.  

By brocs1, Jul 17 2017 01:02PM

Copyright is arguably one of the most difficult forms of intellectual property to trace within the UK. The primary reason for this being that in the UK, there is no register for copyright and this intellectual property right arises automatically. Copyright arises in different forms of creation, including literary, musical and artistic works and will subsist with the author 70 years from their death.


A story which has brought into question the depth of this intellectual property right, involves photographer David Slater, who currently finds himself opposed to the animal rights group PETA in the US Courts. David is the man behind the famous monkey selfie, which quickly found itself amongst the many memes on the internet. The monkey, Naruto, is the subject of the photo, and pressed the shutter button himself. PETA are now bringing a claim against David for use of the copyright in the photograph. PETA’s claim is based on the contested issue that as Naruto captured the image himself, he is the owner of the copyright in the final image and is therefore entitled to any profits generated therein. PETA’s claim is for £15,000.00 which has been generated by the picture. Although this case is being heard under the jurisdiction of San Francisco, it raises the question of if an animal is capable of holding intellectual property rights, and if so, who can legally represent them.


This is not the first time the question of who can legally own copyright has been raised, as the development of AI’s (artificial intelligence) has also brought this issue to the attention of academics in the area.


Summerfield Browne Solicitors have offices in London, Birmingham, Cambridge, Oxford and Market Harborough, Leicester.



By sfbsolicitors, Jul 7 2017 10:33AM

We assist clients who have been sold a financial product that later proves to be unsuitable. Financial products that have historically been mis-sold include insurance policies and investments. The claims will typically involve claims for financial compensation and complaints can be made to the Financial Ombudsman or the Financial Services Compensation Scheme (if the company being complained of has ‘defaulted’).


Often the first time a client realises that they were mis-sold an insurance policy is when they attempt to bring a claim under a policy. Clients may have been sold an insurance policy over the telephone many years ago and when this has happened it is often useful to request the record of the telephone recordings. We then undertake a review of what was said on the telephone to find out if the client was given sufficient information to make an informed decision about whether to take out the insurance policy. There is a formal process involved in making a claim and the first port of call would be to raise a complaint with the insurance company who would then usually conduct an internal investigation as to whether there had been a failure in their procedure. If a complaint is not upheld a complaint can be made to the Financial Ombudsman Service who will investigate and make a ‘Final Decision’. We can assist you at all stages of the process. There are forms to fill out and the investigation into whether there has been mis-selling can be daunting.


If a firm has gone into default and you have been mis-sold an investment product by a company that has subsequently ‘gone under’ you can still potentially make a claim to the Financial Services Compensation Scheme.


Individual investors who sought professional advice from IFAs (Individual Financial Advisers) or accountants on retirement planning may have been mis-sold investments that were linked to the UK Film Industry. In many cases the IFAs and accountants have defaulted leaving individual investors lumbered with eye-watering bills from HMRC. In some of the worst cases individual investors face tax bills that outweigh their original investments. Individual investors place their trust and confidence in their advisors and some investors were sold completely unsuitable investment products.

We advise our clients as to how pursue claims for compensation against such companies/Individual Financial Advisers.


Notable investment schemes that were recommended to individual investors include Eclipse 35, Ingenious.


Summerfield Browne Solicitors have offices across England. Their administrative office is at the Harborough Innovation Centre, Airfield Business Park, Leicester Road, Market Harborough, LE16 7WB.



By brocs1, Jul 4 2017 01:26PM

The first video to ever appear on the popular video channel was uploaded in April 2015 and was titled ‘Me at the Zoo’. Since this first upload, YouTube has gone on to become a household name with both businesses and individuals utilizing it as a platform for growth. Google purchased YouTube in February 2005 for $1.65bn, and since then the platform has gone from strength to strength with a recent report stating that 300 hours’ worth of video footage is uploaded to YouTube each minute.


Those placing themselves in front of the camera in blogs are often referred to as YouTubers. A word which is close to being recognized as a substantive career and with popular bloggers such as Zoella reportedly earning up to £50,000.00 a month, it is little wonder that more and more individuals are trying to make a career from the site. However, this revenue is not generated solely from YouTube videos with Zoella having her own book and make-up range in high-street stores, Zoella is a clear example of an individual using their online fame effectively. With thousands of online bloggers or ‘vloggers’ as they are often termed, covering a wide range of issues from fitness, lifestyle, parenting and beauty, there is a YouTube video covering every topic imaginable and a YouTuber to match.


Often popular YouTubers will be under the supervision of a management company. A management company can prove invaluable to the success of both the YouTube channel and the YouTuber themselves. A management company may approach the individual YouTuber and offer their services directly to them, alternatively, a YouTuber may proactively seek the services of a specialist management company in order to progress their YouTube career.

A management company may choose to have these services formalized in a Management Agreement. Management Agreements will often contain clauses enabling the management company to negotiate and enter into agreements on behalf of the YouTuber. Management Agreements can also specify any loans and expenses, commission payments and other standard boilerplate clauses.


As with any commercial agreement it can be beneficial to have a Management Agreement reviewed by a commercial solicitor, preferably one with experience in media related contracts. Often Management Agreements are negotiable as the management company has the potential to earn a substantial amount of revenue from a successful YouTube channel.


Summerfield Browne Solicitors have offices in London, Birmingham, Oxford, Cambridge and Market Harborough, Leicester. The London office is located at 207 Regent Street, London, W1B 3HH.




By brocs1, Jun 28 2017 08:49AM

We are often instructed by clients who have experienced problems with plumbing works at their residential property. A frequent problem is where a plumber fails to carry out works with reasonable care and skill and the plumber then demands payment by issuing an invoice. The invoice is then disputed by the customer and a stalemate is reached.


The first stage is to attempt to resolve the dispute amicably. If the parties are no longer on speaking terms you should consider writing a formal letter to the plumber explaining why the invoice is not going to be paid. You should outline the reasons why you believe the plumber failed to use reasonable care and skill. It may be sensible at this stage to get a quote for the remedial works required (to find out how much it costs to put right the work that the plumber did/damage caused). The quote for the remedial works can be used as evidence later down the line and can also be used to quantify your anticipated financial losses

.

Disputes over the quality of workmanship can be subjective and what appears to be a significant problem to the customer (damage to tiles, damage to a shower unit/toilet) can be seen differently by the plumber who caused the damage. Photographs of the damage (if the damage is visible) should be attached to the first letter to the plumber and copies of the letter and the photographs should be kept by you.


The first letter would typically notify the plumber of the steps needed to put right the works (this can either be in the form of compensation – if you are instructing an alternative plumber/tradesperson to carry out the works) or if you propose that the plumber carries out the remedial works. If you do not receive a response from the plumber to this first letter you can send a further letter known as a “letter before claim” giving the plumber 28 days to agree to a remedy (compensation or the remedial works). The letter would state that if after 28 days have expired a satisfactory resolution has not been achieved then a county court claim will be issued. In the “letter before claim” it may be advisable to put the plumber on notice that your claim will include i. the costs of the remedial works ii. court costs iii. Interest. If after the 28 days have expired you have not received a response county court proceedings can be issued. Once the claim has been issued the plumber will have a limited time to respond and if the plumber fails to respond to the proceedings then a county court judgment (a CCJ) can be entered in default.


We often advise clients who have reached the stage where they have issued a county court claim and then received a defence from the other side. The court process can be daunting to those unfamiliar with the terminology and we understand that clients often feel more confident when legally represented.


Summerfield Browne Solicitors have offices in London, Birmingham, Cambridge, Oxford and Market Harborough, Leicester. Our administrative office is at the Harborough Innovation Centre, Leicester Road, Market Harborough, Leicestershire, LE16 7WB.



By brocs1, Jun 23 2017 10:14AM

It came as little surprise when the FA (football association) announced the end of their 4-year sponsor with the betting giant Ladbrokes. A deal worth reportedly in the region of £4 million a year.


The FA is renowned for its blanket ban which it imposes on all footballers betting on matches worldwide. It is this blanket ban which some saw as contradicting the sponsorship deal with Ladbrokes, and which placed pressure on the FA to end the deal. Examples of the strict penalties are well publicised, recently headlines saw Joey Barton at the forefront after receiving an 18-month ban for breaching the rule.


Sponsorship agreements vary in size and while all are not in the region of the 7 figure deals, they can add value to a team in many other ways. Even smaller teams rely on sponsorship agreements to promote the team and they are a vital method of funding. Sponsorship agreements will vary in length and size and can be rather bespoke arrangements between the two parties.


A sponsorship agreement should contain certain key clauses, including obligations of both parties, consideration, exclusivity rights, intellectual property rights and other boilerplate clauses.


Summerfield Browne Solicitors are specialists in sports law and drafting sporting agreements. They have an administrative office at the Harborough Innovation Centre, Leicester Road, Market Harborough, Leicestershire, LE16 7WB.



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