Author: Aston Bond Law Firm

A week in the world of Aston Bond

Posted on by Aston Bond Law Firm

Having spent a week at Aston Bond, I have nothing but praise for the firm. Aston Bond state that they are a law firm that is “traditional, yet different,” and that is exactly how I would describe the firm. Whilst maintaining the traditional high standards expected in the legal world, Aston Bond’s employees approach clients, each other and anyone else they come into contact with, with an approachable, friendly and down-to-earth manner.

On the Monday morning, my first day with Aston Bond, I was given the papers for a new urgent instruction, received that morning, to read in advance of a client meeting later that day. The client required representation at a hearing at Central London County Court on the Friday.

During the meeting, I learnt not only about the client and their need for help, but watching the Aston Bond solicitor in action epitomised the variety of skills utilised to get all the necessary information from the client.

Amongst other research and drafting based legal work, I followed this case through for the entire week, helping to draft the skeleton argument, using the Court bundle to prepare for the hearing and researching legal cases in this area of law to help provide a footing for our arguments.

We represented the said client in Court on the Friday, my final day with Aston Bond, and this experience is something I will never forget. Having attended Court on previous occasions, I had expectations of how the hearing would run, what the judge would be like and possibly even how the case may be ruled. However, this hearing was definitely not what I expected.

Interestingly, both parties were represented by solicitor advocates. It became clear very quickly that the judge reacted differently to my expectations. Instead of allowing each party to make their case and listening to both, the judge took an interventionist approach. He looked through the bundle asking each party specific, closed, questions. It appeared that he did not want to hear the persuasive cases of each party, but purely the facts regarding specific matters in order to make his decision on the case. Of course this was difficult for both solicitors, who could not use surrounding circumstances to persuade the judge that their client was not in the wrong, but ensured the judge’s views were objective and not clouded in any way.

I thoroughly enjoyed my time at Aston Bond and gained a lot of insight into the legal world. Following a case through from first instructions to hearing provided me with the opportunity to see all the various factors that are considered in every single legal case and confirmed for me that litigation is the area of law I want to pursue.

 

Chelsea Meade

Who governs the internet?

Posted on by Aston Bond Law Firm

Is Cyberspace literally above the law?

There are those who argue that cyberspace is a separate sovereign space where laws and governments do not apply.

“You have no moral right to rule us nor do you possess any methods of enforcement”

This quote was taken from John Perry Barlow’s article published in 1996. Known as a cyber-libertarian political activist, basically meaning he helps defend your rights in the digital world, he also co-founded the Electronic Frontier Foundation, their sole aim is to battle and defend digital freedom in the courts.

On the face of it people like John Perry Barlow are saints as they take into consideration privacy, freedom of speech and fair use of the internet, but have they crossed a virtual border? Stating that if an individual is in the virtual/digital environment they have no governing or corporeal body to regulate them is a tad farfetched, a world without any laws and regulations sounds like a plot in a Hollywood movie.

In all honestly we should all keep our feet well-grounded, as even though an individual may be surfing the internet and “visiting” cyberspace, they technically may not have even left their front room, as we are not mysteriously transported into cyberspace.  This means that if one was to use the internet for illegal or anti-social behaviour they are subject to the laws and regulations of the country they reside in.

The whole truth and nothing but the truth

The truth is that there is no governing body of the internet per se instead there are volunteer groups which consist of:

Internet Activities Board (IAB) – The technical body that oversees the development of the Internet suite of protocols.  Within this organisation it has two task forces, the IETF and IRTF, which are responsible for investigating a specific area.

Internet Engineering Task Force (IETF) – Develops and maintains the Internet’s communication protocols. Addresses problems and coordinates new services. Appoints working groups to define standards, coordinate services between providers and performs the real work.

Internet Research Task Force (IRTF) – Looks into long-term research problems that could be critical in five to ten years.

In addition to these three bodies, the Internet Corporation for Assigned Names and Numbers (ICANN) is seen as the technical coordination body for the Internet.

If there is no actual regulated body who governs the internet, a question must be raised. Can we regulate the actions of individuals in the digital environment at all?

Vinesh Patel, Paralegal

vpatel@astonbond.co.uk

Need Help With Your Websites Policies?

Posted on by Aston Bond Law Firm

Below we have set out an easy guide to what you need on your website.

Firstly you would need to implement “Terms and Conditions” on your website, a breakdown of this will include a clause stating that by viewing your website the user is bound by the terms and conditions of use.

Although not required for all websites, for more detailed websites it may be appropriate to have a “Definitions” section, defining the different sectors your business may have.

An essential part of the web policy will be that of “Liability”. Including this clause on to your website is vital as it will state that you will not be liable for any damages including indirect or consequential damages, or loss of profits arising from or in connection with the use or loss of use of your website. This also should include a provision that the users are responsible for ensuring that their PC or laptop is suitable for using your website.

A “Cookies Policy”, is also required, explaining the different types of cookies such as third party cookies and session cookies. This policy should be clearly defined. The purpose of cookies are used to measure how you use the website so it can be updated and improved based on the consumer’s needs.

A critical part of the website will be that of the “Data Protection Act”. These clauses will include that you as the owner of the website have a legal duty to protect any personal information you collect from potential clients or consumers.

A “Privacy Policy” should be sub-categorised in the data protection clause, as it relates to the fact that privacy is key in protecting your client’s information. This policy explains how you collect and use the information.

To find how you can implement all web policies and limit any liability against you as a business, speak to our specialists E-Commerce and Cyber law Solicitors.

Vinesh Patel, Paralegal

vpatel@astonbond.co.uk

How to Buy a Flood Proof Home and Avoid Flood Damage

Posted on by Aston Bond Law Firm

The flooding disaster across the country at the moment is devastating lives, destroying properties and testing local communities to the extreme.  Many people believed that their properties would be safe from river flooding but instead many are being affected by ground water levels rising above the surface of the land.

When purchasing a property, there are certain steps you can take to assess whether the house is built on land that has a risk of flooding.  An environmental search, which is mandatory when obtaining a mortgage, will identify the initial issue of flooding and will suggest whether it is necessary to carry out further searches.  A specific flood search can be carried out which identifies multiple causes of flooding within a certain number of years, and the risk of any flooding occurring in the future.

Many local council websites contain a plethora of information on an area, so it is always helpful to look there for any information too.  Even looking at an ordinance survey map of the local area can reveal whether the property is situated on flat land or on higher ground.

Global warming may be a truth or a myth, but our planet does appear to be rising in temperature which in turn is causing sea levels to rise.  In a world where flooding is becoming a major issue for all, researching flood risk is now becoming essential when looking to buy a property.

Aston Bond’s conveyancing solicitors in Slough can help you make the right decisions when trying to buy a property that may be affected. Our conveyancing solicitors assist clients across England and Wales including Windsor, Datchet and along the Thames Valley.

For more information on how our solicitors can assist you please call us on 01753 486 777 or email info@astonbond.co.uk.

Francesca Shaw, Conveyancing Assistant

fshaw@astonbond.co.uk

Aston Bond’s solicitors in Slough specialise in conveyancing. If your buying or selling a property please contact our specialist conveyancing solicitors by emailing info@astonbond.co.uk or calling 01753 486 777. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

When to Make an Insurance Claim on Damaged Property and/or Contents after a Flood

Posted on by Aston Bond Law Firm

As the United Kingdom endures the highest amount of rainfall for over 200 years residential and commercial properties across the country have been severely damaged, as have the contents within them. However, if you were lucky enough to have prepared for the recent UK floods the likelihood is that you invested in property insurance and/or contents insurance.

Within this blog post I will advise you on when and how you should make a claim to your insurance company and how to gain the highest pay-out when the water recedes.

Firstly, the most vital part of any insurance claim after a flood is the initial contact and the time between the initial damage and the initial contact with your insurance company.

While individual insurers will have their own terms and policies in place it is recommended by industry experts that you make the initial contact by telephone within 24-hours of the initial damage. Furthermore, it is also recommended that you call the insurance company regularly to advise them on any further developments such as further damage to property or contents.

Once you have made the initial contact the insurance company should open a claim. At this point you will be contacted by an independent loss adjuster who should contact you within a 24-hour period after you made the initial contact with the insurance company.

The loss adjuster will then arrange an assessment to take place, and during this assessment the loss adjuster will document any damage caused and may in some circumstances require the opinion of a qualified building professional that will be able to provide further advice on the costs and importance of the damage caused.

However, you should always ensure that the loss adjuster is both independent and qualified, as are any professionals they consult with. You should also ensure that the damage assessment is made after the flood waters have receded as this is when the overall damage is visible and measurable.

Moreover, if you have undertaken any repairs before the initial assessment takes place you should ensure that you keep all receipts and the contact details for the professionals you hired to undertake the work; and you should ensure that you have taken pictures of the damaged caused and keep it in case it is required at a later time during the claims process.

Once the initial contact has been made and the assessment has been successfully undertaken the insurance company will calculate the amount you are entitled too. This price will often be dependent on both the amount of damage caused and the cover you have. It is then your decision to accept or decline any offer which is made to you by your insurance company.

And finally, our team of solicitors in Slough would like to wish all property owners who have been effected by the recent UK floods luck with their insurance claims.

Ashton Hudson, Online Marketing Executive 

ahudson@astonbond.co.uk

Aston Bond Solicitors in Slough assist clients across Datchet, Windsor and the Thames Valley with litigation matters between property owners and insurance companies. If you believe your claim has been wrongfully denied or you have not received the correct amount please contact our solicitors by emailing info@astonbond.co.uk or calling 01753 486 777. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN. 

Aston Bond Now Specialises in POCA Law

Posted on by Aston Bond Law Firm

The Proceeds of Crime Act is an ever growing legal specialty and at Aston Bond solicitors in Slough we are proud to grow with it; and as a continuously growing law firm based in the heart of Slough, Berkshire Aston Bond now has specialist POCA law solicitors who assist clients across England and Wales including London, Manchester, Birmingham and Bristol.

Our Proceeds of Crime Act solicitors can assist clients across England and Wales with a wide array of legal matters relating to POCA law including restraint orders, confiscation orders, post orders, cash forfeiture proceedings and appeals.

If you are looking for a POCA law solicitor in London, Southampton, Birmingham, Bristol, Manchester, Liverpool, or Leeds then our specialise POCA solicitors can assist you. For more information please visit our specialist POCA solicitor’s website or contact our Proceeds of Crime solicitors now.

Ashton Hudson, Online Marketing Executive 

ahudson@astonbond.co.uk

Our POCA law solicitors in Slough assist clients across England and Wales with restraint orders, post orders, cash forfeiture proceedings and more and can be contacted by calling 01753 486 777 or emailing info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

How to Claim Your Businesses Twitter Handle and Protect Its Intellectual Property

Posted on by Aston Bond Law Firm

Twitter Logo Gaining Access to Twitter Username Business

A businesses intellectual property is one of its most valuable assets along with its staff and products. However, with social media becoming a big part of modern day business as both a marketing and customer service tool businesses around the world are taking action to get the right Twitter handle (username) for them. However, along with this many individuals around the world are also registering Twitter accounts with prominent business names with the plan to sell it to the business at a later date.

One example is Qantas Airways. The internationally recognised brand and business currently uses the Twitter handle @QantasAirwars, however, there is no doubt that if they could they would use the Twitter handle @Qantas as it makes their brand more recognisable and respected throughout Twitter. However, due to the fact that an unknown individual has registered the username @Qantas with the aim to sell it at a later date Qantas Airways are unable to register it, or are they?

Twitter’s policy in regards to intellectual property infringement make clear that impersonating a brand, business or public figure is not allowed and in order to protect brands and businesses in particular Twitter have a number of safe guards in position to gain access to your Twitter handle.

One way is very simple. If a Twitter account is using your businesses Twitter handler (e.g. @Qantas) with the intention to impersonate and mislead customers then you, the business, have the right to reclaim this username. You can do this by contacting Twitter directly and shortly after they will review your claim and make a final decision.

An alternative way to gain access to your businesses Twitter handle is by claiming an account is inactive. However, the term “inactive” is used lightly. If an individual logs in to that particular Twitter account but does not tweet that account is still considered active by Twitter. But if that account is not logged into and tweeted for a certain time period Twitter will consider that account inactive and may hand over the Twitter handle to you.

While Twitter users can claim a Twitter handle for being inactive even if they do not own the intellectual property used within that handle Twitter is unlikely to hand it over. It is for this reason that it is always a good idea to only attempt to claim Twitter handles that infringe on your brands or businesses intellectual property.

If you have any further questions about your businesses intellectual property rights and the laws surrounding intellectual property in England and Wales please contact our specialist intellectual property solicitor. Also, follow our solicitors in Slough on Twitter.

Ashton Hudson, Online Marketing Executive 

ahudson@astonbond.co.uk

Our solicitors in Slough assist clients across England and Wales with intellectual property law and can be contacted by calling 01753 486 777 or emailing info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

New Acas Guidance for Breastfeeding in the Workplace

Posted on by Aston Bond Law Firm

Acas has published a guide, Accommodating breastfeeding employees in the workplace, to assist employers and employees with managing requests to breastfeed in the workplace. The guidance identifies employers’ legal requirements in relation to employees’ requests for facilities to express and store breast milk and time away from work to do so. It also provides examples of good practice for employers to support employees who are still breastfeeding by facilitating their return to work.

Our solicitors in Slough assist clients across England and Wales with employment law matters. This includes the law surrounding breastfeeding in the workplace. Furthermore, due to the fact that we act for and support the Association of Breastfeeding Mothers our team of solicitors are compassionate and experienced in representing individuals who believe they have been wrongfully denied breastfeeding rights in the workplace. Moreover, we also assist employers in relation to breastfeeding in the workplace.

Dion McCarthy, Litigation & Employment Solicitor Advocate

dmccarthy@astonbond.co.uk

If your currently undergoing a dispute at work with your employer or employee in relation to breastfeeding in the workplace please contact our specialist employment law solicitors in Slough. Call us on 01753 486 777 or email info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

Intellectual Property Law: How to Protect Your Personal Image

Posted on by Aston Bond Law Firm

David Beckham, Rio Ferdinand and Usain Bolt are just a handful of big names whose images are highly valuable along with big name groups such as Take That and One Direction. It is for this reason that English intellectual property law now allows individuals and groups to protect themselves from being wrongfully connected to product or service endorsements or sponsorships.

The new law is interesting. Not only does it allow you to protect the name of an individual or group but also protect the silhouette, features, mannerisms, photographs, illustrations and signature. Furthermore, by registering such intellectual property law protection you will gain full commercial control of yourself and you will be able to, in the eyes of the law, stop others from infringing upon it.

The new intellectual property law protection is formally called ‘image rights’ and can be registered through the Guernsey Registry. And while the new ‘image rights’ law is certain to cause many disputes across England and Wales it is also certain to provide valuable individuals with further ways to protect their personal brands.

Ashton Hudson, Online Marketing Executive 

ahudson@astonbond.co.uk

Our solicitors in Slough assist clients across England and Wales with intellectual property law and can be contacted by calling 01753 486 777 or emailing info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

What Rest Breaks Are You Entitled to at Work?

Posted on by Aston Bond Law Firm

The law surrounding rest breaks at work is often misunderstood with many individuals believing that everybody, not dependent on time or work facility, is entitled to 1 hours break per working day. However, the law surrounding breaks in work has many variables.

Adult workers must have a rest break of 20 minutes when a day’s working time is more than 6 hours. Workers aged between 15 – 18 are entitled to a rest break of 30 minutes where daily working time is more than 4.5 hours.

Workers have the right to take an uninterrupted rest break, away from their workstation. Workers can be required to remain in or about their workplace (but not at their workstation) whilst taking a rest break, provided that they are not still having to perform any duties. However, there is no need for employers to provide separate facilities or accommodation for workers to take a rest break. There is no restriction as to when the break must be taken but it should ideally be taken near the middle of the shift.

Employers must ensure that workers can take their rest periods or breaks but are not required to force workers to take them. Workers can elect to work through a rest period or break, provided they do not risk their own or others’ health or safety.

Workers carrying out monotonous or pre-determined work, such as on a production line, are given special protection. Where the pattern of work is “such as to put the health and safety of a worker… at risk, in particular because the work is monotonous or the work-rate predetermined”, the employer must make sure that the worker is given “adequate rest breaks”. This may therefore involve giving the worker further short breaks in addition to the usual rest breaks.

The break need not be paid, unless the workers contract states otherwise and providing that the workers have not previously been receiving longer and/or paid rest breaks, as this ‘entitlement’ may have become a term implied by custom and practice.

There is no need to keep records of rest breaks taken or forgone, although it may be prudent to do so to create a paper trail in case of a dispute arising.

Aston Bond solicitors in Slough assist employers and employees across the south east with employment law matters. As a specialist employment law solicitor I am able to assist you with employment disputes. For further information on our employment law services please visit our employment law page or call us on 01753 486 777 for a free, no obligation discussion about your matter.

Dion McCarthy, Litigation & Employment Solicitor Advocate

dmccarthy@astonbond.co.uk

If your currently undergoing a dispute at work with your employer or employee please contact our specialist employment law solicitors in Slough. Call us on 01753 486 777 or email info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.