All posts by David Walker

22nd April 2020
20
How to run a successful prize competition business

How to start a prize competition business in 9 easy steps

By | Prize Competitions, Small Business, Start Up | No Comments

If you’re thinking about running a prize competition, either to promote your existing business, or perhaps running multiple competitions as a business in itself, you need to go about it in the right way.

If you don’t you will end up losing money and wasting a great deal of time and effort.

You may also find yourself breaking the law and inadvertently running a gambling business or an illegal lottery! If you are, you run the risk of being shut down.

As a solicitor, I’ve worked with a huge number of promoters helping them set up and run their prize competition businesses. The most successful ones follow a process similar to the one I have set out below. Read More

20th April 2020
0
Are contrapreneurs breaking the law?

Are the contrapreneurs actually breaking the law?

By | Business disputes, Small Business, Start Up | No Comments

In my previous article, “In defence of the contrapreneurs”, I looked at the dangers of the contrapreneur exposé videos. I highlighted the fact that some of the business celebrities trying to bring these contrapreneurs to justice were distributing just as much false and misleading information as the contrapreneurs themselves.

I have another issue with them too.

Many of the exposé videos I have seen are so focused on their moral quest that they fail to answer two very important questions:

  1. Are these contrapreneurs actually breaking the law? And
  2. If they are, what can you do about it?

Read More

16th April 2020
0

In defence of the contrapreneurs

By | Business disputes, Small Business, Start Up | No Comments

Like many people, my LinkedIn feed seems to be full people claiming to be experts in a whole host of subjects. When I watch YouTube, every other ad seems to be from these self-proclaimed “experts” telling me how easy it is to make money and become a millionaire by following their simple formula.

Most of the time I keep on scrolling, but occasionally, something catches my eye. When I stop and look it’s shocking to see the techniques they’re using to lure people to their events, sell their courses and convince them to join their mastermind groups. Read More

5th August 2016
0
What can be registered as a trade mark to protect my brand

What can I register as a trade mark to protect my brand?

By | Intellectual Property, Trade Mark | No Comments

When it comes to brand protection, clients often ask me, “What can I register as a trade mark?”

They know they can protect a name or a logo, but there’s often many more elements to their brand than that. When we form a strategy for protecting their brand, we look at all the elements that distinguishes their business, products and services from those of their competitors. So, in this blog we’re going to look at each of the opportunities you have to stand out from the crowd when it comes to brand protection. Read More

22nd February 2016
3
The Royal Courts of Justice, London. The Law Courts, The Royal Courts of Justice houses the High Court and Court of Appeal of England and Wales.

Case Study: Silence does not amount to acceptance of an offer so no legally binding contract was in place

By | Business disputes, Contract law, Small Business, Terms of business | No Comments

This is a case study of a contractual dispute in which I was representing the claimant, John. The facts are true but names have been changed to protect client confidentiality.

Summary:

An offer must be formally accepted before a legally binding contract can exist. Offers cannot be accepted by silence. If you do not have a legally binding contract and a dispute arises, you are unlikely to be able to reclaim any money owed to you. Read More

22nd February 2016
5
Contract negotiations preparing heads of agreement

Heads of Agreement – Help or hindrance to contract negotiations?

By | Contract law | No Comments

Heads of agreement (also known as heads of terms, a letter of intent or a memorandum of understanding) are a useful tool when negotiating complex contracts. Generally, they’re not legally binding, they act as an aide memoir of the headline points agreed whilst a formal contract is being drawn up.

However, as helpful as they can be, they can also be a hindrance if not used properly. So, in this blog we’re going to look at when you should use heads of agreement and what should or shouldn’t go into them. Read More

22nd February 2016
0
website terms of use and privacy policy

Why your website must have terms of use and a privacy policy

By | Contract law, Small Business, Start Up | No Comments

The terms of use and privacy policy are two of the most important pages on a website and yet they’re probably the least read.

When I advise a client that they should have them in place and offer my help in preparing them, their first reaction is often “No, don’t worry, I’ll copy them off someone else’s website”

Putting aside the fact that this would make them guilty of copyright infringement, here’s four reasons why this is a terrible idea and why your website should have a professionally prepared terms of use and privacy policy. Read More

22nd February 2016
4
how to terminate a contract without being sued

How to terminate a contract without being sued

By | Business disputes, Contract law, Small Business | No Comments

When you enter into a contract with a client, you’re entering into a legally binding agreement. In an ideal world, the contract will run its natural course and come to an end when, for example, the project is complete and you’ve been paid.

However, sometimes circumstances change and you may want to terminate the contract early. So, if you want to avoid being sued for breach of contract, you must do this legally. Read More

22nd February 2016
11
Confidential Information

7 Practical tips for protecting confidential information

By | Confidentiality agreement, Contract law, Small Business, Start Up | No Comments

If you’ve read our previous blog, the DNA of NDA’s, you will understand the importance of confidentiality agreements (also known as NDA’s and Non-Disclosure Agreements) for protecting confidential information.

However, you should not rely solely on the confidentiality agreement to protect your confidential information because once confidentiality is lost, it’s gone forever. Therefore, you should also take practical steps to protect the information as far as possible.

Related content: Blog – The DNA of NDA’s – Are confidentiality agreements worth the paper they are written on?

Here are our seven top tips for protecting confidential information (in addition to entering into a confidentiality agreement!). Read More