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How companies can protect their Intellectual Property

This guide provides principles and practical tips.

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10 December 2024
Abigail Williams
Solicitor
Blog Dispute Resolution

Intellectual property (IP) is a valuable asset for businesses across all industries. Whether it’s a logo, a product design, or a unique process, IP represents the intangible creations that fuel innovation and give companies a competitive edge. However, protecting these creations is essential to prevent infringement, loss of value, and legal disputes. Companies must take proactive steps to ensure their intellectual property is protected, which includes understanding the principles of IP law, adopting protective measures, and knowing when to litigate.

This guide explores the core principles of IP protection, provides actionable tips, and discusses when litigation might be necessary to safeguard your creations.

The principles of Intellectual Property Protection

When we refer to protecting your IP, there are two approaches to consider, the first being a preventive one (i.e. preventing others from using or copying your work without permission), the second being to mitigating any damage if someone does infringe on that IP.

Intellectual property encompasses four main types: patents, trademarks, copyrights, and trade secrets. Each type provides different legal protections and serves distinct purposes:

  1. Patents protect new inventions, granting exclusive rights to the inventor for a specified period (typically between 5 to 20 years). This prevents others from manufacturing, selling, or using the patented invention without permission.
  2. Trademarks are used to protect unique identifiers such as logos, brand names, or slogans that distinguish a company’s products or services from competitors.
  3. Copyrights safeguard original works of authorship like literature, art, software, and music. The protection applies automatically when the work is created but registering the work provides stronger legal enforcement.
  4. Trade Secrets involve confidential business information such as formulas, practices, or designs. These are usually protected by non-disclosure agreements (NDAs) and internal security measures.

You can also register the design of products if it is a new product and not already been made available to the public before, however this is beyond the scope of this note.

The primary objective of IP protection is to ensure that companies can exclusively exploit their creative work, securing economic value and preventing competitors from copying or profiting from their innovations. However, enforcing these rights requires vigilant monitoring and, when necessary, litigation.

Practical tips for protecting your Intellectual Property

1. Register Your IP Early

One of the most effective ways to protect intellectual property is through registration. Although certain IP rights like copyrights are automatically conferred upon creation, others, such as patents and trademarks, require formal registration with the relevant government agency. Registration makes it easier to enforce those rights if infringement occurs. Patents and trademarks should be registered as soon as the invention or mark is developed, and companies should consider registering international patents or trademarks if they plan to expand globally.

2. Implement Robust Internal Security Measures

For trade secrets, protection is often based on maintaining confidentiality. To protect your trade secrets, it’s crucial to implement internal security protocols. This includes restricting access to sensitive information, requiring employees and contractors to sign non-disclosure agreements (NDAs), and ensuring that any digital or physical copies of trade secrets are securely stored. Regularly training staff on IP protection and the importance of safeguarding proprietary information is also vital in preventing accidental leaks or breaches.

3. Monitor and Enforce Your Rights

Protecting intellectual property doesn’t stop at registration
or internal security monitoring for infringement is an ongoing task. Regularly search for unauthorised uses of your IP in the marketplace, including counterfeits and imitators. Infringement can damage your brand reputation and erode market share, so taking action when necessary is crucial. When infringement is detected, companies can take a variety of actions, from sending a cease-and-desist letter to initiating formal litigation. If negotiations fail, IP holders may need to engage in litigation to protect their rights.

When litigation is necessary

Litigation can be a powerful tool to enforce intellectual property rights but should be considered a last resort after other methods have failed. IP litigation often involves complex legal processes and can be costly, so businesses must weigh the potential benefits against the costs. In some cases, resolving disputes through mediation or alternative dispute resolution (ADR) methods may be more effective. However, when necessary, litigation can help businesses stop infringement, seek damages, and protect their market position

Conclusion

For companies, intellectual property is an essential asset that requires legal protection. By understanding the principles of IP law, registering their creations, securing sensitive information, and monitoring for potential infringement, companies can shield their innovations from unauthorised use. Taking prompt action through litigation when necessary ensures that intellectual property remains a valuable competitive advantage, helping businesses thrive in today’s market.

How we can help

If you need help navigating an IP-related matter or want to learn more about our services, contact the Dispute Resolution / Commercial Litigation team on 020 3440 8000 or email disputeresolution@tvedwards.com

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Understanding Section 20 Notice for Major Works

When a landlord wants to carry out major works on a building.

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3 December 2024
Hannah Groom
Trainee Solicitor
Blog Dispute Resolution Landlord Services

What is a Section 20 Notice for Major Works

A Section 20 Notice is a required procedure when a landlord wishes to carry out major works on a building. The landlord must serve a Section 20 Notice (the “Notice”) if the cost of the works that the landlord would like to carry out will exceed £250 for any one of the building’s leaseholders. Such works may involve significant repairs to the building or planned maintenance works.

It is required under Section 20 of the Landlord and Tenant Act 1985 that the landlord must consult with the leaseholders, and any of their sub-tenants, about the works and the costs that it will involve. This consultation must follow the procedural requirements of Section 20 of the Landlord and Tenant Act 1985.

A landlord’s failure to follow the correct procedure for consultation under Section 20 may lead to the landlord only being able to recover a small proportion of the actual costs of the major works undertaken from the leaseholders. These costs may be capped at just £250 per Leaseholder.

What should a Section 20 Notice include?

The landlord must carry out the required consultation in three stages. This involves:

Stage 1: Notice of Intention. The landlord must inform you of the work they intend to do and the reasons for it. This stage should include:

  • A description of the proposed works and the estimated costs involved.
  • An invitation for leaseholders to submit observations within 30-day period about the proposed works.
  • An opportunity for leaseholders to propose a contractor for the works.

The Notice of Intention must provide 30 days for the leaseholders to provide their observations before progressing to the next stage of consultation.

Stage 2: Notice of Estimates. In this stage, the landlord provides leaseholders with detailed estimates for the proposed works. This includes:

  • At least two estimates from two different contractors. One of these quotes must be from a contractor who is not associated with the landlord in any way.
  • Further details of the proposed works based on the quotes that have been obtained.
  • A summary of leaseholder’s submitted observations from Stage 1 of the consultation.

The landlord must then allow another period of at least 30 days for the leaseholders to submit further observations in light of the estimates provided.

Stage 3: Notice of Who Has Won the Contract. This stage is required if the landlord has not chosen the contractor with the lowest estimate available. If this has occurred, the landlord must inform the leaseholders of the reasons for their choice.

Once these stages have been successfully followed and completed, the landlord will then be able to proceed with the proposed works. The landlord will be able to recover the costs of the works from the leaseholders as stated in their leases.

Leaseholders’ Rights Under Section 20

The Section 20 process provides the leaseholders specific rights throughout the consultation process. It is important that leaseholders participate in the process as it can significantly influence the outcome of the proposal and ensure that the works carried out are cost-effective for all parties.

Leaseholders have the following rights under the Section 20 process:

  1. Submitting Observations
    • As mentioned above, leaseholders can submit their observations or concerns during Stage One and Stage Two of the consultation process.
  2. Inspecting Estimates
    • Leaseholders can request to inspect estimates and other relevant documents to the proposed works during Stages One and Two.
  3. Challenging Costs
    • If the Leaseholders believe that the costs involved are unreasonable, they may be able to challenge the charges through the First-Tier Tribunal (Property Chamber).
    • Grounds for such a challenge may include the necessity of works, the quality of the estimates, or the selection process of the contractor.
  4. Collective Action
    • Leaseholders can collectively suggest contractors or make group observations to influence the decision-making process of the Landlord.
  5. Right to Information
    • Leaseholders have the right to detailed information about the proposed works, the estimated costs and the Landlord’s decision-making process.

Conclusion

The Section 20 process is designed to ensure transparency and fairness when landlords undertake major works. For leaseholders, active participation in the consultation process is essential to safeguard their interests and ensure cost-effective solutions. By understanding their rights and responsibilities, leaseholders can make informed decisions and hold landlords accountable throughout the process.

How we can help

If you have a property dispute or require any assistance on any of these issues, please contact our Dispute Resolution team at disputeresolution@tvedwards.com or call 0203 440 8000.

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One year of the Leasehold and Freehold Reform Bill

Where are we now?

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3 December 2024
Mark Curtis
Solicitor
Blog Conveyancing

After years of speculation, promises, activity and then silence, the highly controversial Leasehold and Freehold Reform Bill was introduced to the House of Commons on 27 November 2023 which was promised to change the future of leasehold ownership forever. One year has now passed but has this promise been achieved?

What is Leasehold Enfranchisement?

Probably the best place to start as it isn’t the most commonly used term in everyday society.

Leasehold Enfranchisement is the overarching term for leaseholders collectively purchasing their freehold (Collective Enfranchisement) and leaseholders extending their residential leases (Lease Extensions).

What is the current position?

The Leasehold Reform, Housing and Urban Development Act 1993 (as amended by the Commonhold and Leasehold Reform Act 2002) gave leaseholders the right to extend their leases by 90 years and reduce their ground rent to a peppercorn (i.e. nil) and also for leaseholders to purchase their freehold provided that at least 50% of the leaseholders participated (subject to various conditions and if the block was only two flats it had to be both).

Why is the law change? Has it changed?

In September 2018, the Law Commission decided to do a consultation into the area of Leasehold Enfranchisement and on 21 July 2020 they published the results of that consultation with recommendations as to how the sector could change to improve the position of home owners – essentially make it easier and cheaper for leaseholders to buy their freehold and extend their leases.

In January 2021, the government then announced its intention to bring forward these reforms but, except for minor changes, nothing materialised until 27 November 2023 when it suddenly published the Leasehold and Freehold Reform Bill and so the bill started to go through the various stages to become law. It stalled a little as a number of changes (and the more controversial points) were debated, until the sudden announcement calling the General Election on 4 July. This left two days for the Bill to enter the statute books and so on 24 May 2024 it was the last Bill to pass and make it into law until after the election. It received Royal Assent and so it has become law. However, there is a snag as it nearly all relies on secondary legislation being passed so in reality we are still operating under the old law!

What will change?

The act is very long and covers a great number of issues but concentrating on Leasehold Enfranchisement, the main ones are:

  • Lease extensions to 990 years, not an additional 90 years;
  • Standard Valuation Method with rates to determine the price to be set by legislation (these are yet to be announced and so it is assumed that this will not disadvantage leaseholders, but this can’t be confirmed);
  • Marriage Value to be Abolished (this will make it far cheaper for any leases under 80 years);
  • Freeholders to pay their own legal and valuation fees (this would make things far cheaper for leaseholders but is said to be subject to a minimum premium which is still yet to be decided);
  • Ground Rents can be abolished without the need to extend the lease to make it cheaper and easier for leaseholders;
  • Ground rent calculation to be capped if there is a high ground rent in the lease;
  • No need to wait for 2 years of ownership to serve a notice to extend a lease;
  • No more leasehold houses.

What does the future hold?

As you would expect, some of the above is highly controversial and if and when they come into force the freeholders will challenge their legality on a human rights basis.

For now, there has been no indication of time scales for implementation with the co-chair of the Leasehold Advisory Service believing that they are years, rather than months, away.

On 21 November 2024 the government issued the following statement:
“We appreciate fully the need to act urgently to provide [leaseholders] with relief. However, we are also cognisant of the significant complexity of the task and the importance of taking the necessary time to ensure that reforms are watertight”

Meanwhile, the government announced it will publish a bill next year focusing more on commonhold which perhaps muddies the waters even more.

My lease is low – should I act now or wait?

This is the question that we get asked every day, and it is very much a case by case basis, which relies on you understanding the potential benefits of proceeding now or waiting, and then taking a risk either way. Please contact our property team if you want to discuss the issue, and we will be able to talk through the pros and cons of your particular situation to try to help you come to an informed decision. Email property@tvedwards.com or call 0203 440 8000.

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How the Autumn Budget affects your property journey

Understanding these updates will help you make informed decisions.

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28 November 2024
Juanita Francis
Partner - Head of Property and Probate
Blog Residential Property

The government’s 2024 Autumn Budget introduces key changes that will shape the property market in the coming months. Whether you’re buying your first home, investing in a rental property, or selling, understanding these updates will help you make informed decisions. Here’s what you need to know:

1. Higher Stamp Duty for Additional Properties

From October 31, 2024, the surcharge on second homes and buy-to-let properties has increased from 3% to 5%. This means higher costs for landlords and investors. For example, on a £300,000 property, the Stamp Duty would now be an additional £6,000 compared to the previous rate.

If you’re in the middle of buying an additional property, it’s essential to act quickly or consult your property lawyer to review how this impacts your plans.

2. Changes for First-Time Buyers

The current Stamp Duty relief for first-time buyers on properties up to £425,000 will revert to £300,000 in April 2025. If you’re a first-time buyer, completing your purchase before this deadline could save you thousands. For instance, after the change, buying a property worth £400,000 could cost you up to £5,000 in Stamp Duty.

3. Affordable Housing and New Opportunities

The government has allocated £3.1 billion to create more affordable homes, such as energy-efficient housing. This could provide new opportunities, especially for first-time buyers or those seeking sustainable living solutions. These developments may also offer unique incentives, making it vital to work with a property lawyer who understands the schemes available.

4. Impact on Landlords and the Rental Market

Although there’s no change to Capital Gains Tax on property sales, the combination of higher Stamp Duty and increased regulatory costs may lead to fewer rental properties on the market. If you’re a landlord considering selling or expanding your portfolio, we can help you navigate these changes smoothly.

How we can help

Our experienced property team are here to provide tailored advice on how these changes affect your plans, ensuring your property decisions – whether buying, selling, or investing – remain aligned with your goals.

Get in touch to ensure your property journey is as seamless as possible amid these changes. Email property@tvedwards.com or call 0203 440 8000.

Please note that while we provide expert advice on property matters, we are not tax experts. Any information or guidance we offer related to tax issues, including Stamp Duty, Capital Gains Tax, or inheritance tax, should not be considered a substitute for professional tax advice. We recommend consulting with a qualified tax advisor or accountant for tailored advice specific to your individual circumstances.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

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Successful submission of ‘no case to answer’ in a death by dangerous driving case

We represented a client charged with aiding and abetting the causing of death by dangerous driving.

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20 November 2024
Nathaniel Gadsby
Associate Solicitor
Blog Criminal Defence

Nathaniel Gadsby, an Associate Solicitor in our Criminal Defence Team, represented a client charged with aiding and abetting the causing of death by dangerous driving.

Nathaniel’s client, Mr U, was the passenger in a vehicle that collided with another at excess speed, tragically killing the driver of the second vehicle. The driver pleaded guilty to causing death by dangerous driving and received a substantial custodial sentence, yet the Crown Prosecution Service insisted they would proceed with three charges against Mr U, namely:

  1. Aiding and abetting the causing of death by dangerous driving;
  2. Aiding and abetting the causing of death by driving whilst uninsured;
  3. Aiding and abetting the causing of death by driving whilst disqualified;

Mr U was initially represented by another firm before instructing a barrister on a direct access basis. On the basis of advice from that barrister, Mr U entered a guilty plea to aiding and abetting the causing of death by driving whilst uninsured. The prosecution indicated that that plea was acceptable, conceding that there was insufficient evidence to prove aiding and abetting the causing of death by dangerous driving. Mr U later contended that he had not been aware of the offence he was pleading guilty to, nor the consequences of that plea. It was at this stage that he contacted TV Edwards for advice.

Nathaniel took detailed instructions from Mr U about the history of the proceedings before contacting all of his previous representatives to obtain their papers. He also obtained transcripts of the earlier Court hearings, including the one at which Mr U had entered his plea, in order to ascertain the context in which that plea was entered. Having been made aware of our intention to apply to vacate Mr U’s guilty plea, and that criticism was being made of the advice he had given, the barrister previously representing Mr U engaged professional negligence lawyers to protect his interests. Nathaniel liaised with them extensively whilst finalising a written application to the Court with counsel.

The prosecution ultimately conceded the application to vacate the guilty plea, accepting our submission that the initial indictment was legally flawed. Mr U was therefore to be rearraigned on a corrected indictment. At this stage we notified the Court that we would be advancing an application to dismiss the two remaining charges against Mr U, namely:

  1. Aiding and abetting the causing of death by driving whilst uninsured;
  2. Aiding and abetting the causing of death by driving whilst disqualified;

Extensive legal argument ensued; we contended on Mr U’s behalf that it was insufficient for the prosecution to prove that he was aware that the driver was uninsured and disqualified. Mr U denied knowledge of either, but we submitted the prosecution were further required to prove that Mr U did an act of encouragement or assistance with the intention to encourage the driver to drive in the way he did. We further submitted that the prosecution had insufficient evidence for Mr U to be properly convicted by a jury.

The Judge partially agreed, and dismissed the charge of aiding and abetting the causing of death by driving whilst disqualified. In the intervening 6 months, Nathaniel continued to carefully analyse the evidence, as well as unused evidence disclosed by the Crown, and instructed collision investigators and toxicologists to provide us with reports on various aspects of the prosecution case. He repeatedly urged the prosecution to reconsider their decision to proceed with the case against Mr U, and to clarify the way in which they put their case.

At the trial of the sole remaining charge of aiding and abetting the causing of death by driving whilst uninsured, the Judge allowed a submission of no case to answer at the close of the prosecution case, and the jury were discharged. The prosecution chose not to appeal that ruling.

Nathaniel was pleased to achieve such a positive outcome on a lengthy and complex case. Rob Levack of 187 Chambers was instructed, and provided invaluable advice throughout these challenging and ever-evolving proceedings.

Nathaniel’s client was also delighted with the result, and commented:
“Many thanks to Nathaniel for your excellent work on my behalf. You were so thorough, persistent, fair and transparent. I shall always say, “I had the best possible solicitor” to fight my cause. Thank you so much for the hard work and your patience afforded to me through a difficult time. Your support and kindness I shall always remember with much gratitude. I also want to thank Rob one of the best barristers I was fortunate enough to meet.“

How we can help

The dedicated team at TV Edwards has been at the forefront of criminal defence work in London for over 50 years, offering specialist legal advice on the full range of criminal defence work.

For more information and assistance please email a_crimereferrals@tvedwards.com or call our 24 hour telephone line on 020 3440 8000. We’re here to provide the expert support and guidance you need.

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TV Edwards secures admission of Human Rights breach and damages for disabled child

A substantial damages settlement of £50,000 has been agreed.

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11 November 2024
Shaun Livingston
Associate Solicitor
Blog Community Care

TV Edwards has secured an order for their client, declaring that the Article 8 ECHR rights of a significantly disabled child were breached by her local authority, Northumberland County Council (“NCC”), by unlawfully issuing care proceedings and requiring the child’s mother and siblings to leave the family home while the care proceedings were ongoing. The court’s order also records that changes made to the child’s bespoke care and education package while care proceedings were ongoing had a negative impact on her and caused her significant distress. A substantial damages settlement of £50,000 has also been agreed.

We acted for Ella Chapple, a child with complex disabilities and needs, including deafblindness, learning disabilities and WAGR syndrome. Acting via Ella’s mother and litigation friend Elly Chapple, we brought a claim against NCC alleging that care proceedings, brought by NCC in April 2020, were unnecessary and disproportionate for a variety of reasons, including that:

  • relevant professionals had agreed, at a meeting to discuss concerns, only two weeks before care proceedings were issued, that there was no cause to even place Ella on a child protection plan (a step often taken as a less intrusive alternative to care proceedings), let alone issue care proceedings;
  • fresh allegations and concerns communicated to NCC after that meeting were simply accepted and not properly investigated or scrutinised, despite the individual who made those allegations having attended the meeting and stating they had no concerns;
  • Ella’s parents were sent a letter prior to issuing care proceedings, stating that following the meeting, NCC had tried to work with them to improve matters, but that this had not been successful. However, NCC were unable to identify any work that had been attempted in the short space of time between the meeting and the decision to issue care proceedings.

The claim also pleaded that changes made to Ella’s care and education package while care proceedings were ongoing from April 2020 – December 2020 were inappropriate and caused Ella significant distress. She is entitled to a bespoke, wraparound package of education and care as ordered by the SEND Tribunal in 2017, comprising a “Waking Day Curriculum”, delivered by a dedicated team of trained intervenors, in a manner suited to Ella’s needs. This includes:

  • Ensuring that communication with Ella involves signing as well as verbal communication;
  • Ensuring that Ella’s day is well structured and defined by routine, with Ella being given advance notice of any changes or one-off activities so that she is prepared and not unduly distressed by any such changes; and
  • A compassionate and reassuring approach when Ella is agitated or upset, to minimise the risk of any episodes of self-harm, and their impact if and when they occur.

While the care proceedings were ongoing, NCC unilaterally arranged for its own in-house care service to oversee and implement Ella’s education and care package, who in turn dictated radically different approaches to Ella’s care, with no appropriate expert input sought from Multi-Sensory Impairment (“MSI”) professionals as to whether such changes would be appropriate for Ella’s needs. The care service did not have any experience or expertise in deafblindness, but the changes it made included:

  • reducing or stopping Ella from going on regular drives in the car, something that had been proven to be a calming, self-regulating process for her;
  • ignoring Ella when she was agitated or upset until she stopped (resulting in Ella’s behaviour escalating and increased frequency and severity of self-harm); and
  • introducing changes to Ella’s schedule with little or no notice.

Following the serving of civil proceedings in May 2022, alleging that all of the above breached Ella’s human rights, the parties were able to reach agreement in September 2024 that Ella’s human rights were indeed breached by NCC inappropriately issuing care proceedings, and that the changes made to Ella’s care package, as well as NCC’s requirement that Ella’s mother and siblings leave the family home while care proceedings were ongoing, had a detrimental effect on Ella.

This was an important, and novel, case, which, it is hoped, will have ramifications for the community of parents with disabled children, who often experience significant challenges and difficulties in obtaining support, and subsequent disproportionate and unnecessary intrusion into their family and private lives. This trend was outlined in a major research report published in July 2021, and it is hoped that this case will help to continue to highlight the issues raised. This may be of particular relevance in light of the ongoing review and consultation by the Law Commission regarding the legal framework governing social care for disabled children in England, which has a stated aim of helping children with disabilities to access the support they need.

Shaun Livingston, Ella’s solicitor, said “I am glad that we were able to secure some form of redress for Ella and her family – what happened to Ella should not have happened, and while this case cannot undo that, I am pleased that the local authority has at least recognised that things went wrong. I hope Ella’s case can help prevent repeat occurrences for other families”.

Ella was represented by Shaun Livingston of TV Edwards, and Steve Broach KC and Victoria-Butler Cole KC of 39 Essex Chambers

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

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Share Purchase Agreement Disputes

A practical guide to common disputes after the sale of a company.

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6 November 2024
Katja Trela-Larsen
Trainee Solicitor
Adam Haffenden
Partner - Head of Dispute Resolution
Blog Dispute Resolution


The sale of companies is a natural part of business, and a Share Purchase Agreement (SPA) is the contract that governs the private sale of shares in a company.

Disputes arise when a buyer, having bought a company, finds out the company is not exactly what they expected. The buyer may seek damages from the seller and, in certain circumstances, the buyer may seek to rescind the contract altogether.

This article summarises some of the common disputes that can arise following the sale of a company.

Completion accounts

Completion accounts are accounts of the company that detail its assets and liabilities at the date of completion. Where a SPA contains a completion accounts mechanism, the price paid by the buyer is calculated in accordance with the assets and liabilities on the date of completion. A SPA will often provide for such disputes to be referred to an expert accountant for determination.

Earn-out clauses

Earn-out clauses are commonly used in a SPA when a shareholder of the company being sold is also a director and they are to continue working for the company. An earn-out clause provides the purchase price is assessed by reference to the profits of the company after completion, to incentivise the smooth running of the company following completion of the sale.
Disputes often arise from vague or poorly defined terms leading to disagreements over whether the conditions of the earn-out provision have been met; disagreements over how the company is managed after the acquisition; disagreements over financial reporting; and the timing of earn-out payments.

Warranties

Sellers of a company will often agree to a number of warranties, a type of contractual promise as to a fact about the company, in a SPA. If the warranties given turn out to be inaccurate, and the sellers have not made a specific disclosure in relation to it, this gives grounds for a claim for breach of warranty.

The remedy for breach of warranty is damages, usually the loss to the recipient arising out of the warranty’s inaccuracy. Buyers should be alive to the fact damages for breach of warranty will be reduced to the extent that the claimant fails to mitigate its loss.

Sellers wishing to limit their liability can include various standard exclusion provisions that seek to limit the scope of post-sale claims. For example, a SPA will usually specify minimum or maximum thresholds for warranty claims.

Defences to a breach of warranty claim include the situation the buyer complains of was not covered by a warranty, so there is no breach, or any breach of warranty was not material so no liability can arise.

Misrepresentation

Misrepresentation arises where a seller made a false statement of fact that induced the buyer to enter into the SPA. To make a successful misrepresentation claim the buyer must show that a representation was made to them, before they entered into the contract, and that representation induced them to enter the contract, and they suffered loss as a result.

Rescission is a potential remedy. In some circumstances, a buyer will want to secure a freezing injunction against the seller to stop them dissipating the proceeds of sale before judgment is entered against them.

Defences to a misrepresentation claim include showing the buyer already had the relevant knowledge of the circumstances giving rise to the claim, or that one of the four necessary elements of the claim is missing, in other words there was no misrepresentation.

Other common causes of action

A buyer may pursue:

  • Non-performance of obligations
  • Non-fulfilment of a condition precedent
  • Breach of a non-compete clause

How to bring a claim

The SPA will often provide a mechanism for resolving disputes aside from court, for example mediation, expert determination or arbitration.

If you have a claim, it is important to act quickly as the SPA will include notice requirements that must be strictly adhered to. Seeking legal advice at an early stage is key.

This article was first published in London Business Matters magazine in November 2024.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

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The role of Qualified Legal Representatives

What are they and what do they mean for your family case.

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27 October 2024
Sian Popplewell
Solicitor
Blog Domestic Violence Family

Qualified Legal Representatives (QLRs) are a relatively new phenomenon in the family courts, having been introduced in July 2022. Often those who are appointed a QLR are given little information about what a QLR is and what they do, but it is helpful to know this before your Fact Finding Hearing so you know what to expect before the hearing begins.

What are QLRs

A QLR is a qualified lawyer who is appointed by the court to assist someone who is facing allegations of domestic abuse within family court proceedings. The role of a QLR is to conduct the cross examination of the person making the accusations, on behalf of the person being accused. A QLR is appointed to assist someone who is a litigant in person, i.e. someone who has not appointed a lawyer to represent them in court, and who is therefore representing themselves.

QLRs were introduced following the passage of the Domestic Abuse Act 2021. For many years, lawyers and judges had been pointing out the difficulties of allowing a litigant in person who has been accused of domestic abuse to cross examine their alleged victim directly. It was felt that there was a risk that this may give an abuser an avenue through which they could inflict further abuse on their victim through their questioning. The introduction of QLRs was intended to fix this problem, by giving those accused of domestic abuse their own lawyer, who would be responsible only for conducting the cross examination on their behalf.

What happens when a QLR is appointed

If a judge has said that a QLR should be appointed on your behalf, the first step for the court will be to identify one. You will not be able to choose the identity of your QLR, one will just be assigned to you. Often, the court has a lot of difficulty identifying a lawyer who is willing to act as your QLR, as the rates that QLRs are paid are very low and they are also not allowed to claim travel expenses – put simply, QLR work is unprofitable for most barristers and solicitors, and therefore only a very small number chose to do it.

It is not uncommon for there to be no QLR available at all – if this is the case, the judge in your case is likely to revert back to the old rules and require you to submit your cross-examination questions to the court in advance of the hearing. The judge will then ask your questions to the witness on your behalf, and they may filter out or reword any questions which they consider are inappropriate.

If a QLR is available, they will be given your contact details, to allow them to contact you directly about your case. They will also make arrangements to obtain the court papers so that they can begin their preparation. The QLR will then attend court on the day of the hearing to conduct the cross examination on your behalf.

What can a QLR do for you

It is important to know that the role of your QLR is very limited. Their role is restricted only to conducting the cross examination of the person who has accused you of domestic abuse. This means that they will not address the court on other matters relating to your case, and they will not be able to give you legal advice about the merits of your case. A QLR is not a replacement for an instructed legal representative and therefore you should still consider seeking independent legal advice in respect of any family proceedings to which you are a party.

How we can help ?

If you find yourself navigating family court proceedings and have questions about your options, we’re here to help. Reach out to us at 0203 440 8032 or email family@tvedwards.com for professional advice tailored to your situation.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

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The police want to interview my child. What happens now?

Guidance on the standards when detaining children in custody.

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23 October 2024
Georgia Patterson
Associate Solicitor
Blog Criminal Defence

In September 2024 the Metropolitan Police launched its new Children’s Strategy. The document set out an intention to build trust, keep children safe and bring to justice those who use and exploit them. The strategy explores new standards when detaining children in custody.

Following the publishing of this strategy, it is worth examining what a young person can and should expect when police want to interview them.

It is incredibly important that advice is sought as soon as you realise that police want to talk to your child. Being in the police station can be a frightening and intimidating experience. Children and parents often have many questions and we can help to answer these questions before their attendance at the police station.

Any child who attends a police station to be interviewed under caution is entitled to free and independent legal advice.

What to expect if police want to interview your child?

Age of responsibility

Anyone over the age of 10 can be held criminal responsible. This means that they can be arrested, interviewed and charged with a criminal offence. This can lead to them having a criminal record.

Arrest or voluntary attendance?

Voluntary interview:

Police often invite children for an interview on a voluntary basis. Usually, police contact a parent or guardian and explain that they suspect their child has committed a criminal offence. They will invite them to attend the police station at a specific date and time where they will be interviewed under caution. Doing so avoids the need to arrest and detain children.

Whilst a child will not be arrested for a voluntary interview, it is still important that they are legally represented. Anything that a person says in an interview under caution could later be used against them in order to charge and convict them.

Interview after arrest:

When any child between the age of 10 and 17 is arrested their parent or legal guardian should be informed of their arrest and whereabouts as soon as is practicable.

Children will be required to provide their details including fingerprints and DNA to police. They will be detained in a cell until the police are ready to interview them. Children should be detained for the shortest possible period of time.

After an interview children may be returned to their cell while they wait for police to make a decision about the outcome of their arrest.

What rights does my child have when at the police station?

Children must have an appropriate adult present at the police station when being read their rights, during a strip search, during an interview and when being charged or released.

Appropriate adults should be a parent, guardian or adult family member. In circumstances where this is not appropriate, there are agencies that provide professional appropriate adults.

Anyone being detained at the police station is entitled to have someone told where there are. Often police will allow children to call a parent or guardian when in the police station. If you speak to your child on the phone from the police station, you must remember that the calls are recorded and can be used by the police as evidence.

Children have a right to be legally represented. Police will ask anyone being booked into custody whether they want to be legally represented. If they do, the police will ask if someone has their own solicitor or would like the duty solicitor to be called for them. It is a child’s decision whether they are legally represented.

What will happen to my child after they have been interviewed?

After an interview, the police will review the both the evidence, and any account put forward during the interview. The police can then take the following actions:

  • Charge – if the police consider that there is enough evidence of a criminal offence, and that it is in the public interest to do so, they may require a person to attend court.
  • No further action – if the police consider that there is not enough evidence of a criminal offence, or that it is not in the public interest to proceed to court, then they may take no further and the case will be closed.
  • Out of court disposal – if the police consider that there is enough evidence of a criminal offence but, because of the nature of the offence (ie that it is not a serious offence) or because of a child’s particular circumstances (ie their young age, that they have mental health issues or cognitive difficulties) then the police may decide to deal with the matter out of court. These disposals might include a child being referred to the youth offending team or being given a caution.
  • Bail to return/ Release under investigation – if the police are not able to conclude their investigation, they may release a child whilst their investigation continues. Sometimes the police will attach conditions to a child’s release. For more information about police bail, please click the following link https://tvedwards.com/news-and-blogs/blogs/how-long-can-i-be-kept-on-police-bail/

It is easy for police to forget that they are dealing with children after an arrest. Therefore it is important that your child is represented by a specialist youth lawyer who understands the specialist advice and holistic care that a child needs during their time in a police station.

How we can help

The dedicated team at TV Edwards has been at the forefront of criminal defence work in London for over 50 years, offering specialist legal advice on the full range of criminal defence work.

We have dedicated youth specialist practitioners who have experience of advising and assisting young people.

For more information and assistance please email enquiries@tvedwards.com or call our 24 hour telephone line on 020 3440 8000.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

Related Services:
Criminal Defence Solicitors
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