Woolley & Co E-Zine December 2005
Tips and ideas for keeping your business on the right side of the law


Welcome to the December Woolley & Co ezine. This month there are reminders on the importance of registering for data protection and getting your contracts worded correctly to limit your liability, plus a look forward to potential changes for registered companies in 2006.

I’d like to take this opportunity to wish all our readers best wishes for the festive season and here’s to a very prosperous 2006.

We welcome your feedback - if there is any particular legal issue you'd like to see covered send the details through to marketing@business-lawfirm.co.uk or if you have a question for one of our lawyers you can Ask A Lawyer on our website.

Andrew Woolley
Andrew Woolley, Senior Partner, Woolley & Co

Changes for Registered Companies
2006 will see changes in the law relating to limited companies. Although the details haven’t yet been confirmed they could include things like:
  • Making it possible for only one person to start a company, instead of the minimum of two that are needed at the moment.
  • Consolidating a company's rules into its 'Articles of Association', but also giving a company founder(s) the right to impose more rigid business goals.
  • Making it easier for companies to change their registered offices and move around the country.
  • Increasing the privacy of directors, with directors being allowed to provide a 'service address', rather than being obliged to give their home address.
So far these are just ideas, expressed in a DTI White Paper, but they could make it much easier for smaller businesses to set up and run.

If you run or are thinking of setting up a new business watch this space.


Business, Contracts and Insurance
It may seem strange for lawyers to be talking about insurance and contracts in the same breath. Surely with a good contract, you might think, I won’t need insurance?

Not quite. There are certain things that under UK law cannot be covered in a contract, for example personal injury or death. And if a contract is wrongly worded, if it says “we will not be liable for anything / not liable above £1 million for any claim no matter how caused” or similar you need to change it and check your insurance cover.

When we draw up contracts intended to limit liability for our business clients, we normally suggest that our clients check their present business insurance covers the work anticipated in the contract or get a quote to ensure they are covered.

If you are an IT contractor you may well think it wise to insure against IR35, VAT and general tax investigations. The premiums are not that high but the costs of defending an investigation properly can be huge.

A more detailed article on the subject can be found on our website. For advice on your contracts call Andrew Woolley on 01789 267377 or email info@business-lawfirm.co.uk.


Pensions on Divorce

It’s a sad fact of life that the Christmas and New Year holidays can place added pressures on an already fragile relationship. This is evidenced by the number of divorces filed in the Courts in the early part of January.

Although the emotional strains may make it difficult it is essential for anyone considering divorce to understand all of the implications before embarking on a course of action they might regret. Perhaps the most misunderstood aspect of divorce is the treatment of various assets and in particular pensions.

A pension can be one of the most valuable matrimonial assets. On the breakdown of a marriage the other spouse has a claim on the pension as a matrimonial asset and this could have a major impact on both parties. The paying party’s future pension can be substantially reduced.

There are three methods of dealing with pensions on divorce, the first is offsetting which very basically leaves the pension as it is and the other spouse is compensated from remaining assets.

The second method is a ‘pension attachment’. This can have implications for the spouse in that they are reliant on the former spouse continuing to contribute and they would have to wait until that spouse retired before receiving the benefit.

The third method is a ‘pension sharing order’. This removes a percentage from the paying spouse’s scheme into a scheme on behalf of the receiving spouse.

Pensions are a complicated issue and it is imperative that you receive competent legal advice on the best method of dealing with your pension on divorce to ensure that your future is protected.

For advice on your pension rights or other divorce and related issues call on 01789  267377 or visit www.divorce-lawfirm.co.uk


REMINDERS: Legal Issues Business Owners Miss - At Their Peril
Data protection…comply even if exempt!

We’ve looked before at the issue of whether you need to register or not. Please, please don’t spend your time (and especially not your money on lawyers’ advice) on this issue. It only costs £30 a year so just register!

People may suggest you don’t need to—really? Certainly if, e.g. you will only ever use the data for your own marketing you may be exempt from registering (called; “notifying”) but surely you might want to sell your business and thus your data one day, even if that is only when you retire.

But when they decide they are exempt from registering, many business people “switch off” and miss the crucial point which is that they must in any case comply with the regulations anyway. Normally the best way to do that is to have a well drafted Privacy Policy. With such a Policy you may even create a valuable database for the future.

Woolley & Co can arrange registration, draw up a Privacy Policy and provide advice on how to get consent to marketing for a fee of just £350 plus VAT. Contact info@business-lawfirm.co.uk or call 01789 267377


To find out more about these and other legal issues visit the Woolley & Co website at www.business-lawfirm.co.uk. The site also contains articles and back copies of our E-zine – which might be a useful place to start if you have a legal problem you need help with.

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