Legal guidance for you and our business – GSC Newsletter Autumn 2020

Here is our Autumn edition 2020 of GSC Newsletter that offers a number of useful and practical guidance to businesses and individuals to enable them operate successfully in the current climate.

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© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

 

GSC Solicitors LLP strengthen Private Client department

We are delighted to welcome Amanda Chapman to GSC’s Legal 500-recommended and well-respected Private Client team.

Amanda specialises in wealth and tax planning, advising UK and internationally domiciled individuals, families, owner-managed businesses. Her expertise also includes charity law and practice, with an emphasis on UK and cross-border succession planning and wealth structuring.

Amanda comes from a large international practice in the City. She has been recognised in the Citywealth Leaders List and has published articles on various subjects including advising a family business, and has regularly devoted her personal time to charitable activities which focus on making a career in law more accessible to students from all backgrounds.

Commenting on Amanda’s appointment, GSC’s Senior Partner Saleem Sheikh said: “We are delighted to welcome Amanda to the partnership as we continue to expand our international private client services with the best legal talent. She has considerable experience in private wealth structuring, a great track record and a good client following. With the very international nature of our client base comprising of clients coming from the five continents, Amanda’s strength and depth in international work will only complement the practice. We look forward to the contributions she will bring to our clients and to the firm.”

Amanda Chapman commented: “GSC Solicitors already have an outstanding international private client practice, which provides an excellent platform to expand our services.”

GSC Solicitors LLP’s higher rankings in the Legal 500 2021

We are proud to announce another year of continuous achievement in the Legal 500 United Kingdom 2021 rankings. We are even more pleased this year as we have received higher positions in the newly announced rankings.

Our highly ranked Commercial Property department represents a number of blue-chip corporates, fast food franchise owners, hotel owners and private equity funded SPVs on the full gamut of commercial property matters. Led by the ‘trusted and reliable’ Harvey Posener, the practice comes particularly recommended for its Corporate Occupier work, handling significant headquarter leasing and acquisition matters. Harvey is recommended also for his ability to ‘guide the business through multiple complex deals over the years’. Peter Belcher who specialises in Property Finance is described as ‘wonderful at managing teams and complex projects’ and ‘has all-round knowledge of real estate and gets to crux of the deal’. Carole Joseph who works alongside Peter Belcher has also been noted as ‘the only person you need to know in London if you are buying or selling a property’, who ‘takes a practical and long-term approach’.

We are also proud of the increase in the ranking for GSC Solicitors’ Private Client department. Headed by Senior Partner Saleem Sheikh, this practice area has now moved up from tier 5 to tier 4. The team has a growing emphasis on acting for international ultra-high-net-worth (“UHNW”) clients, significant families and owners of blue-chip companies, with assets spread across different countries. Saleem Sheikh commonly deals with issues such as succession planning for the next generation coming into a business or protecting family assets through trusts and structures. Both ‘Saleem Sheikh and James Cohen stand out for their personalised service and attention to detail’. The department’s other strengths include advising on lasting powers of attorney and tax-efficient gifting to children. ‘Personable, knowledgeable and efficient’ James Cohen has also been noted as an expert who has ‘the expertise second to none’ and who ensures that ‘clients are offered a Rolls-Royce service’.

We are particularly excited about the substantial climbing in the ranking for our Commercial Litigation department; it has moved two tiers up (from tier 8 to tier 6), which does not commonly  happen. GSC Solicitors LLP has longstanding relationships with several large clients, including global businesses, UHNW individuals and sizeable family businesses. Our commercial litigation team is referred to as ‘unique’ and as a ‘remarkable mix of highly qualified and experienced solicitors whose talents, as a focussed team, complement one another’. The litigation team is led by Michael Shapiro who focuses on general commercial, contractual and shareholder disputes, as well as property litigation and company and personal insolvency-related disputes. ‘Experienced and knowledgeable litigator’, Michael is also described as ‘very calm, commercial and realistic approach to dispute resolution’. Consultant Barry Samuels specialises in complex cross-border  disputes; he is noted as ‘a litigation legend with decades of experience’,tactically extremely astute’ and ‘with great strategic acumen’. GSC’s next generation lawyers also have been noted. In particular, Commercial Litigation’s Senior Associate Solicitor Sana Sheikh was referred to as a ‘rising star’ and a ‘stand-out associate with a wealth of detailed knowledge and technical expertise’ and ‘will be a force to be reckoned with in the future in commercial litigation’.

GSC Solicitors LLP is recommended for its IP, Media & Entertainment team’s music industry expertise and is particularly active in advising copyright collecting societies including the Phonographic Performance Limited (PPL), Video Performance Limited (VPL) and the Performing Right Society (PRS). Justin Goldspink (who leads the team alongside corporate and commercial partner Clive Halperin) is a key contact for PPL and has a breadth of experience across music, copyright and branding matters. Also recommended is Ross Waldram who is a key contact for copyright and trade mark.

Commenting on the 2021 rankings, Senior Partner Saleem Sheikh said: “The Legal 500 is a leading independent guide into the best law firms in the UK. We are delighted that GSC is consistently recognised for our key specialisms including commercial litigation, commercial property, personal tax, trusts and probate, Media & Entertainment as well as the strong importance we place on providing innovative legal services to all our clients, regardless of the size of their business, location or aspirations. Our commitment to excellence reflects the longstanding relationship with our clients, which is the firm’s most valuable asset. In the current climate it is even more important for us to offer the strong guiding hand to businesses and individuals and be there for them as their assiduous support system. We are grateful for and humbled by all the exceptional testimonials provided by our clients.”

 

The GSC Academy series: Business Survival Tips

The newly introduced resource, The GSC Academy, starts with its very first video – Business survival tips.

Head of Insolvency & Restructuring  Richard Curtin talks about how to survive in the current recession. His message offers plenty of useful tips for businesses from managing cashflow to creditors.

It can be viewed below or here: https://bit.ly/3gLbDX6 

If you have any questions or concerns about your business, contact GSC’s Insolvency & Restructuring expert Richard Curtin directly on [email protected] or 020 7822 2224.

 

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

GSC Solicitors LLP launches ‘The GSC Academy’

GSC Solicitors LLP are proud to announce an exciting new resource for businesses, individuals and families, The GSC Academy.

It is aimed at sharing a wide variety of important knowledge with you that is practical and relevant for the current climate.

The objective for The GSC Academy is to keep you up to date and ahead of time on the latest developments by providing you with practical and actionable information on topics, whether it’s on COVID-19, Brexit or any  other pressing issues.

We will be launching the first in our series of short videos addressing the latest legal issues and giving you the tools to succeed.

The next stage will include informational and useful webinars and events.

To make sure you receive the latest videos and invitations straight to your inbox please email us on [email protected]

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

Summarising the new Job Support Scheme

On 31 October this year, the Coronavirus Job Retention Scheme will end.

The Chancellor, Rishi Sunak, has announced that from 1 November it will be replaced by the Job Support Scheme. The headlines relating to the Job Support Scheme are:

  • It will apply to employees who work at least 33% of their normal hours.
  • For the hours not worked by the individual, the government and the employer will each pay the employee one third of the employee’s equivalent salary for that unworked time.
  • The level of contribution by the government for each employee will be capped at £697.92 per month.
  • To qualify, an employee must have been on an employer’s PAYE payroll on or before 23 September 2020.
  • Employers will be able to move employees on and off the Job Support Scheme.
  • Employees are not required to consistently work the same hours, but to qualify must work the same hours for at least seven days at a time.
  • The employer must agree any changes to working arrangements with the employee and notify the employee of the changes in writing (and any such agreement must be made available to HMRC on request).
  • An employer does not need to have been part of the Coronavirus Job Retention Scheme to participate in the Job Support Scheme.
  • It is currently planned that the Job Support Scheme will run for six months.

The law in this article is accurate as of 24 September 2020.

If you have any employment law queries, please do not hesitate to contact David Nathan at [email protected] or on 020 7822 2247.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

Flagship Rolling Stones Store

We are absolutely thrilled to see the finished product for our client, Bravado – the new flagship Rolling Stones store in Carnaby Street! Harvey Posener and Amee Popat in our Real Estate team did the legal work for the lease of the premises and are delighted to have been involved in this exciting new collaboration between the band, Universal Music Group and their merchandising company, Bravado:

Flagship Carnaby Street store features items from plectrums to artwork by the creator of the band’s logo John Pasche.

It will be a place where the committed fan can consider spending £535 on a Rolling Stones-themed crystal decanter, £110 on a “Stones red” bomber jacket or £15 on a face mask made from cotton or, for £10 more, silk. Big tongues are everywhere, mostly red, occasionally leopard print.

The venue is the world’s first permanent Rolling Stones shop, which will open in the spiritual home of all things cool, Carnaby Street in London’s West End, on Wednesday.

Some will say that opening a bricks-and-mortar retail operation now, as the pandemic continues, is very risky. “Time will tell,” said Boyne. “For us, it is about taking a really powerful, positive message to the marketplace.

https://bit.ly/2RTsWLE

Relief for Businesses, pain for Insurers?

Following lockdown, a host of businesses had to close and many looked to insurers to cover their losses.

But many insurers disputed the claims, arguing policies were never meant to cover such unprecedented restrictions.

The test case was brought by the Financial Conduct Authority and had the potential to affect 370,000 mostly small businesses.

The insurers can appeal against the decision. Policyholders should hear from their insurer within seven days.

“Today’s judgement is a significant step in resolving the uncertainty being faced by policyholders.

“Coronavirus is causing substantial loss and distress to businesses and many are under immense financial strain to stay afloat.”

The Judgment handed down in the FCA’s case on Business Interruption Policies has now changed the game for both, insurers and businesses.

Under the new ruling many businesses that suffered losses (some substantial) due to COVID-19, will be able to make and claim under the Business Interruption part of their insurance policy.

This is because the  court ruled that the ‘disease’ and/or ‘denial of access’ clauses  in some business interruption policies should have meant they were covered.

 As with all court decisions of this kind, the wording of each policy could lead to different outcomes, so there are still likely to be insurers who reject claims made by their insured where the wording of the policy does not match the wording of the policies considered by the court when making its determination.

As the long term effect of this decision. There will still be some litigation over policies with certain wording, and I suspect insurance premiums may be increased going forward (someone has to pay for all these claims!).

If you have any questions on the above or litigation in general, please contact Michael Shapiro, Head of GSC’s Commercial Litigation & Dispute Resolution, directly on: [email protected] or 0207 822 2246.

https://www.bbc.co.uk/news/business-54158830

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

The perils of relying on passing off – Why you should register your brand name and logos

Many businesses in the UK operate successfully without the benefit of a registered trade mark to protect their brand name or logo.

It may be that they feel that their brand is too descriptive to be registered as a trade mark, the brand may still be in the process of development or it may simply be that registering a trade mark is one item on a long list that the business has not had time to address yet.

These businesses are still able to protect their brand in the UK using the common law, this is known as “Passing Off”. The right to bring an action for Passing Off does not require any registration and arises once a business has started to build up a reputation.

However, while it can be tempting for businesses to rely on Passing Off, registering a trade mark should generally be the preferable approach for the following reasons.

Immediate protection

Once a trade mark is registered, it will give the owner immediate protection over that mark, regardless of whether it has been used in the past or not and whether or. Although the mark could be revoked in the future if the mark is not used, in the UK there is an initial period of five years where the mark can not be challenged on this basis.

Whilst a Passing Off claim can be made without the need for registration, the brand owner will need to show that the name or logo has been used and that goodwill in the business has been built up. It follows that the protection afforded by Passing Off for a fledgling business will be more limited than that conferred by a registered trade mark.

Identification of potential conflicts

The application process for a trade mark will usually involve searches of the trade mark registry by both, the relevant Intellectual Property Office and by any professional firm that you use.

Applying for a trade mark can identify existing trade marks which may reduce the strength of your brand or even lead to litigation if any of those owners challenge not only your application but also your use of name or logo.

So the initial steps of a trade mark registration can assist in evaluating the benefits of using a particular name or logo.  The prospect of potentially re-branding at an early stage may not seem appealing, but it is much easier at the genesis of a business when there is limited value in that brand (and limited expenditure on the name and logo).

The alternative could be a costly dispute in the future and the prospect of losing the ability to use the brand that you have developed.

Alerting other parties to your rights

By registering a trade mark, that mark will appear on the relevant register. This is a public database which clearly identifies your right to the mark and the date when this arose.

There is no equivalent general database in respect of Passing Off and so rival traders may seek to register a conflicting trade mark without being aware of your pre-existing rights.

Furthermore, if you have a registered trade mark, then you may be notified of any applications for new marks which could affect that mark as the relevant intellectual property office (or anyone tasked with monitoring the register on your behalf) will usually check the registers for any conflicting marks.

Costs of enforcement

If you choose to rely on Passing Off to protect your name and logo, you will not incur the fees required to register a trade mark.  However, you are likely to incur greater fees where you seek to rely on the Passing Off to protect the use of your name or logo (whether by taking action in the courts to stop any interference or by opposing an application for the registration of a rival’s mark in the relevant trade mark registry).

The existence of a registered trade mark can be easily proven by reference to the applicable register.  Without being able to rely on a trade mark, you will instead have to show the following three elements of Passing Off:

  1. Goodwill – that your business has built up a reputation;
  2. Misrepresentation – that the Defendant has misrepresented their goods and services as yours; and
  3. Damage – that the misrepresentation is causing damage to your business, usually by way of diverted sales.
International Expansion

Where you are seeking immediate protection in a number of countries, you can use the international trade mark system to replicate the applications around the world, often before you have even started trading abroad.

While some other countries have similar laws to Passing Off, generally you will need to have traded in each country before being able to rely on those laws.

For further questions please do not hesitate to contact Ross Waldram directly on [email protected] or 0207 822 2236.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.

 

 

Residential Possession Claims: Stayed for an additional 4 weeks

The stay on residential possession claims was due to expire on 23 August 2020, with the Courts due to resume cases after a five-month pause.  At the 11th hour it was announced that the ban on landlords evicting tenants in England and Wales will continue for a further four weeks until 20 September 2020.

Housing Secretary Robert Jenrick said he was “supporting renters over winter” amid the ongoing effects of the coronavirus outbreak adding that, when the ban was lifted, the most serious cases of anti-social behaviour, other crimes, and unpaid rent for over a year would be heard first.

The government also intends to give tenants greater protection from eviction by requiring landlords to provide their tenants with a 6 months’ notice period, except for cases involving other serious issues such as anti-social behaviour and domestic abuse perpetrators.

It remains to be seen what status will be given to the three month notices that have been served between March 2020 and whenever the proposed extension to a six month notice period is introduced.  It is also unclear as to whether the six month ‘use it or lose it’ notice period for section 21 notices already served will be extended.

We will provide a full update once further information is released.

For further questions please contact Mark Richardson directly on [email protected] or 0207 822 2240.

© 2020 GSC Solicitors LLP. All rights reserved. GSC grants permission for the browsing of this material and for the printing of one copy per person for personal reference. GSC’s written permission must be obtained for any other use of this material. This publication has been prepared only as a guide to provide readers with general information on recent legal developments. It is not formal legal advice and should not be relied on for any purpose. You should not act or refrain from acting based on the information contained in this document without obtaining specific formal advice from suitably qualified advisors.