Bespoke Legal Advice

Whether you are an independent retailer or a local or national chain, your brand is a valuable asset, enabling customers and prospective customers to differentiate you from other retailers. Brand protection is therefore essential in an unforgiving market. Redfern Legal can advise on how best to achieve this.

A trade mark is a sign that distinguishes your goods or services from those of another business. It could be the name of your business or brand, product or service, whether in word or logo form. It may form part of your domain name, or be a picture, shape, sound, smell or colour.

Redfern Legal offer a fixed fee trade mark registration service. Registration gives you the right to prevent others from using your mark for the goods or services for which it is registered without your consent. This monopoly right may be renewed indefinitely and registration is an important step in protecting your asset.

For unregistered trade marks, the law of passing off provides a cause of action where another business uses your mark, provided your mark has goodwill and a reputation attached to it, and there is misrepresentation by the competitor and confusion in the marketplace.

Whether you have a registered or unregistered trade mark, Redfern Legal can advise on how best to prevent other businesses infringing your rights, taking action against them where necessary.

Data is often a valuable asset to a business, for example a customer database. On the other hand, collecting and processing personal data attracts legal obligations and this is an increasingly important consideration for businesses. The regulatory body (the Information Commissioner's Office) can impose large fines and take other measures for non-compliance with the rules.

Redfern Legal can:

• help you comply with the legal requirements for collecting and processing personal data, particularly via your website;

• assist with preparation of privacy and cookies policies and advise on obtaining agreement with these;

• advise on the requirement to notify the Information Commissioner's Office (registration);

• help you understand the eight data protection principles and how they affect your business from a practical perspective.

When taking a lease of commercial premises (including retail), a business tenant obtains the right to occupy and use those premises for the term of the lease. In return, the tenant pays a significant rent and often a service charge, covers any outgoings (such as business rates and utilities) and has responsibility for the repair and maintenance of the premises. A commercial lease is therefore a long-term and significant liability for a business, albeit a necessary one.

A proper due diligence exercise should be carried out on the property before you move in. Likewise, you need a specialist to check that the lease does not burden you with obligations in excess of market norms.

Redfern Legal has the ability and experience to act for you. They will guide you through every stage of the transaction, advise you on potential risks and pitfalls, and create solutions rather than just highlighting problems. They will negotiate the lease documentation and complete all necessary formalities including Stamp Duty Land Tax returns and registration at the Land Registry.

You may also need their help if you are looking to bring a lease to an end early or want to make sure what your rights and obligations are if you are staying on in your premises after the lease expiry date has passed.

Redfern Legal liaise with other property professionals such as chartered surveyors, architects and accountants and are dedicated to giving their clients a comprehensive service which provides effective advice and peace of mind.

Employees are a cornerstone of any retail business and the time invested in recruitment and training means a business needs to do everything it can to reduce the high staff turnover faced by the sector. Compliance with employment law is a worthwhile starting point.

Employment law is often thought to be a minefield, but it need not be with the support of a qualified employment solicitor at your right hand.

Redfern Legal has the ability and experience to act for you on all employment matters. They can provide up-to-date advice on the changing legal landscape and practical solutions with appreciation of the commercial reality.

Redfern Legal can help you put in place legally compliant employment contracts and staff handbooks and policies allowing you to concentrate on managing the team.

If issues arise, Redfern Legal can assist with disciplinary, performance and grievance procedures, termination of employment including redundancy procedures, and compromising or defending employee claims such as unfair dismissal and discrimination (including at the Employment Tribunal).

Buying, selling or investing in a company or business is a big step and can be a stressful process. It is important to have expert advice and support in place.

Redfern Legal has the requisite expertise and experience to guide you through the process. They offer practical, effective advice tailored to your business objectives.

Buyers (and investors) need to be sure they are buying (into), what the seller or company says they are buying (into). You will want to understand all relevant issues and risks before you give authority to complete. Redfern Legal will carry out a due diligence exercise to address your concerns and report to you on their findings to put you in that position.

Sellers want to get to the finish line as quickly as possible so that they can receive the purchase price and move on to their next venture. Redfern Legal make a point of getting to know your business so that they can give you straightforward advice, find creative solutions to issues that arise as the transaction progresses and strive to reach completion.

In all cases, Redfern Legal will negotiate the sale and purchase or investment agreement and other documents to the best advantage of their client.

Redfern Legal provides a range of Business Immigration services which are designed to take care of all the formalities associated with immigration to the UK, whether at a company or individual level, and particularly when linked with employment. Redfern Legal have extensive experience within the sector and a proven success rate on sponsor licence and visa applications.

From the retail perspective, they can assist with:

1. ‘Right to work' checks, whether pre-employment or during employment, including compliance training and preparation of policies;

2. Tier 2 sponsorship of individuals for employment purposes, including applications for sponsor licences, acting as Level 1 User, Key Contact and Representative for sponsors, licence audit compliance, requests for general requested certificates and the job advertisement requirement, and applications for certificates of sponsorship, Tier 2 visas and dependant visas;

3. Tier 1 Entrepreneur and Investor visa applications, where an entrepreneur or investor is seeking to set up or take over and run a retail business or make a large investment in one, including visa applications, third party funding, dependent, extension and settlement applications.

Redfern Legal are forward thinking in their approach and have a dynamic attitude when dealing with complex immigration issues.

They are able to progress applications using government contacts overseas and in the UK. They are often consulted by various immigration groups and have beneficial relationships with many contacts within the immigration community.

They work closely with all the individuals involved and continue the relationship through to the successful visa and beyond. Having expert assistance and advice from a dedicated UK immigration lawyer can ensure your application is complete, correct and accepted first time, resulting in a faster turnaround.

Behind the scenes of any retail enterprise is a business structure: it could be a sole trader, partnership or limited company. Partnerships and companies are covered by different laws which govern the involvement of the different stakeholders and the running of the business.

Company law, in particular, has many rules and regulations covering everything from decision-making at director and shareholder level, shareholder rights, directors' duties and liability, payment of dividends, and disputes between parties.

Redfern Legal can advise on these complex areas of law and, in particular, assist with:

a. Preparation of a shareholders' agreement to govern the relationship between shareholders of a company and bespoke articles of association to govern how the company may be run;
b. Incorporation of new companies and company secretarial services;

c. Advice on directors' duties and liability;

d. Advice on shareholder rights and handling disputes arising between shareholders and a company and its directors;

e. Corporate administration, including all formalities a company is required to deal with when calling and holding general meetings and board meetings, passing resolutions, declaring dividends, issuing new shares or making any changes to its share classes or capital.

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The team at Redfern Legal are just a phone call or e-mail away. They are happy to have an initial call or meeting, without charge, to learn about the scope of your requirements, gather information for estimate purposes and, where appropriate, give initial advice.

Tom Redfern has over 30 years' experience as a UK qualified lawyer.

Most of that time has been spent in house with large and medium sized companies where he handled contracts and relationships with retailers and employees. This has enabled Tom to develop a wide range of legal expertise and a uniquely commercial perspective on solving legal issues. He is a generalist, a rare breed in English legal circles, otherwise known as a multi-specialist.

Contact Redfern Legal on 020 3617 9271 or at info@redfernlegal.com.

Redfern Legal LLP
7 Henrietta Street
Covent Garden
London
WC2E 8PS

www.redfernlegal.com