Morgan Russell Solicitors

Business and Compliance Issues

Business and Compliance Issues

Consumer Protection

This briefing note sets out how a business can comply with its obligations under consumer protection legislation.

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Discrimination in the Provision of Goods and Services

This checklist sets out the duties your business owes to members of the public when you provide them with goods, services or facilities. Since 1 October 2010, these rules are set out in the Equality Act 2010. 

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Data Protection

This briefing note highlights the key legal obligations a business should consider when dealing with personal data about customers, suppliers, employees and any other individual who may be encountered during the course of business.

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Corporate Manslaughter

Update R v Lion Steel Equipment Ltd (20 July 2021):

In 2011 a steel company (Lion Steel Equipment Ltd) was charged with corporate manslaughter following the death of an employee in May 2008 and a lengthy investigation.  Following the guilty plea, in July 2012 the company was sentenced to a fine of £480,000 to be paid in instalments over four years and ordered to pay the prosecution costs of £84,000 within two years.   This is only the third conviction under the Corporate Homicide Act 2007. 

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Company records which must be kept

Company Records are defined in the Companies Act 2006 as being any register, index, accounting records, agreement, memorandum, minutes or other document required by the Companies Acts to be kept by a company and any register kept by a company of its debenture holders.  They may be kept in electronic or hard copy form.  Failure to keep the required records is an offence.

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Side Letters

This briefing note explains what a side letter is and the circumstances in which a side letter may be used.

What is a side letter? 

  • A side letter is a document that is ancillary to another contract. The key question whenever the content or effect of a side letter is disputed is whether or not the side letter is binding.
  • Although the usual intention is that side letters will create legally enforceable rights and obligations, this is by no means guaranteed, even if the document is entitled “side letter”. In some cases, a side letter will have nothing more than moral effect.

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Grace period for 'Cookies' ended on 25 May 2021 (extract from the June 2012 edition of Commercial Law News)

Last year the EU’s amended Privacy and Electronic Communications Directive came into effect in UK law in the form of the Privacy and Electronic Communications (EC Directive) Amendment Regulations 2011. This was intended to protect the privacy of internet users by implementing rules on how electronic communications networks store information or gain access to information stored on the hardware of subscribers/users in the form of “cookies”. The Information Commissioner’s Office (ICO) gave businesses one year to find workable technical solutions and make the changes. This period ended on 25th May 2012.

Continue reading Grace period for 'Cookies' ended on 25 May 2021 (extract from the June 2012 edition of Commercial Law News)

How to protect your business from interruptions (extract from the June 2012 edition of Commercial Law News)

Contracts usually contain future or ongoing performance obligations that could be affected by problems with business continuity  - such as terrorism, natural disasters or traffic nightmares caused by the Olympic Games.  Under English law a party that is unwilling or unable to perform its obligations as a result would be in breach of contract, giving the other party a right to terminate the contract and/or seek damages. So, what can you do to minimise these risks or otherwise, what legal remedies do you have?

Continue reading How to protect your business from interruptions (extract from the June 2012 edition of Commercial Law News)

Business Continuity

This briefing note sets out what the legal implications of business interruptions are and provides practical steps for consideration, particularly in light of the Olympic Games and Paralympic Games this year and other high profile matters.

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Data Protection and Direct Marketing - Update

This briefing note highlights the key data protection issues your business should consider when carrying out direct marketing. It explains how your business should collect information about your customers (including individual customers, named individuals within a business and businesses themselves) and how to communicate information about your products and services to existing and potential customers.

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