Debt Recovery Specialists May 2008
Are you "up with the e-revolution"?
More company law changes....
Business Failures
Banking code 2008
Can I cancel a contract?
Special Sophie
Regulated by the Solicitors Regulation Authority
 
Registered Office:

Bramley House
The Guildway
Old Portsmouth Road
Guildford Surrey
GU3 1LR
 
Registered Number: 2996700
 
Vat No: 605 4544 74

Phone: 01483 457500 Fax: 01483 457700

Website: www.lovetts.co.uk

Email: marketing@lovetts.co.uk

A list of Directors can be inspected at the Registered Office

Are you "up with the e-revolution"?

The electronic revolution of emails, the internet, and e-commerce? Some love it, some hate it. We love it because it makes information quick and accessible to all.
 
You are used to seeing your cases and documents online.  Now we're extending a small pilot so Lovetts monthly bills themselves go by email (provided you want it that way) - introducing e-billing. (This has only just been made legal by changes to the Solicitors Act effective 7th March 2008).
 
Why? Your bill arives more quickly, it saves paper, and most importantly it makes it easier and quicker for you to circulate bills internally to other managers and staff. If you'd like to be involved in the pilot starting this summer, please contact Bernie Copland at Lovetts.
 
Kind regards
Charles Wilson, Managing Director.
 

More company law changes.....

Every 6 months, another tranche of the Companies Act 2006 comes into force. You may remember from our September 2007 news that on 1st October 2007 the new duties on directors was enshrined in statute. So what next?
 
From 6th April 2008 there is  a single simplified set of regulations for small businesses. Private companies have to file their accounts one month sooner, they no longer have to have a company secretary or even an AGM unless they really want one! For more, see
 

CCJs Quadruple!

The number of companies being issued with county court judgments (CCJs) and winding-up petitions has quadrupled, according to corporate restructuring specialist Begbies Traynor. Insolvency Service figures for the last quarter of 2007 show that year-on-year liquidations were 2.1% down on the same quarter in 2006. Sadly, this trend now seems to be reversed for the 1st quarter of 2008, as Insolvency Service (2nd May) now show that the first quarter liquidations are UP by 4% on the same quarter last year. It may significantly increase in future quarters, with CCJs sharply increasing.
 
Banking code 2008
 
Hot on the heels of last November's "2-4-6" days for cheque clearance, a new Banking Code, produced by the British Bankers' Association (BBA), makes it clear that banks will not be responsible for losses on online bank accounts if consumers do not have up to date anti-virus, anti-spyware and firewall software installed on their machines. Many businesses now use online banking facilities and also need to ensure they are fully protected.
 

Can I cancel a contract?

Clients often need advice because they want to cancel a contract with a supplier or because a customer wants to cancel an order. Can they simply walk away?
 
Let's assume that a contract has come into existence, terms have been agreed, an offer made and that offer accepted! It's always worth asking whether the so-called 'deal' actually passes that test. If it has, then in principle it cannot be cancelled on either side. Both are bound to complete it. There would be no point in having a contract if the parties could just walk away from it.
 
So if your customer refuses to proceed, he may well have to pay you the lost profit as damages for breach of contract. Or if a supplier reneges on the deal he may have to pay the extra cost his customer incurs in getting his supplies elsewhere.
 
There are only two exceptions to this rule that a contract cannot be cancelled by one side walking away:
  • Customer and supplier can always agree to cancel. In this case the cancellation is no longer one-sided.
  • The contract itself may contain cancellation provisions.
As always, this advice is general. Please consult us for detailed advice in any particular case.
 
Special Sophie
 
Lovetts deputy-Manager in our Legal Department is Becky Wood, seen here with her niece Sophie. Baby Sophie has, very sadly, a very rare and serious progressive illness which means that she needs, and her family needs, regular support in her own home. Local children's hospice CHASE provides this care for Sophie, and coincidentally, is only a few hundred yards from Lovetts offices at Guildford.
 
When Sophie was very ill a few months ago, she spent 6 weeks at CHASE's hospice, so their work is very close to Becky's heart - and her office!
 
So our staff here like to support CHASE with Becky.  As she will be completing a 10K run on 6th July this year (with friend Julie) to raise funds for CHASE, some of us will be supporting her, and if you too would like to support Becky please go to www.justgiving.com/beckyandjulie