Use notices There is no legal requirement to use trade mark notices but it may help to deter would be infringers. It is a good idea to the ® symbol alongside the trade mark. Include a trade mark notice on your website or marketing literature. The use of the TM symbol which is used in respect of unregistered trade marks may serve as a deterrent although it has no legal meaning. See precedent: Intellectual property notices and Do I need to use trade mark and copyright notices?. Monitor trade mark applications Use a professional watch service (offered by trade mark attorneys ) to monitor any identical or similar trade mark applications that you might wish

Under Rule 97 of the Land Registration Rules 2003, SI 2003/1417 (SI 2003/1417, r 97), applicants can apply to the registrar to cancel a restriction on title that is no longer

Public Health England have provided the following information on the ukradon.org website: ‘When required by building regulations and associated guidance, new build properties in radon Affected Areas are expected to have radon protective measures installed when they are built. The guidance recommends specific protective measures depending on the construction of the building and whether 'Full' or 'Basic' radon protection should be provided. You can find out whether you should have full or basic protection by asking your builder or by doing a radon search. The radon search will state whether the radon

This Checklist on acting as advocate for a company by which the advocate is employed outlines the steps that an unrepresented company and its proposed advocate should take in advance of a hearing to be properly prepared. This Checklist is written as a general guide, and it does not cover the preparation of complex hearings/trials, nor criminal nor family law cases. Terminology used A party to a claim, whether a claimant or a defendant, which has no legal representation is often referred to as ‘a litigant in person’. This expression may be used even though the litigant is a company or another incorporated entity. Other expressions used include ‘self-represented party’ and ‘unrepresented party’. The proposed advocate for an unrepresented company party is referred to as ‘the employee advocate’ in this Checklist. Unless stated otherwise, it is assumed that the representative is not legally qualified. This guidance also assumes that an unrepresented corporate party is one of two parties to a claim, the other being represented by a lawyer. This will not

This Practice Note identifies difficulties which may arise when with some witnesses, including whether you can make any payments to them and how to handle a non-English speaking witness. Use of depositions for absent witnesses are considered as well as the use of witness summaries. This Practice Note does not address the issue of vulnerable witnesses—for further guidance, see Practice Note: Planning, interviewing and choosing witnesses—Vulnerable witnesses. This Practice Note does not consider the requirements for the preparation of trial witness statements in the Business and Property Division which are governed by CPR PD 57AC for which see Practice Note: Trial witness statements in the Business and Property Division under CPR PD 57AC. How do I handle an unco-operative witness? You may find that a potential witness is reluctant to give evidence. There could be many reasons for this and it may be sensible to explore why this is the case and whether you can address the witness's concerns. Short of the extremities of either giving up with that witness,

See Practice Note: Key issues in taking security from individuals and, in particular, the section titled ‘Security over personal chattels’ which states that an individual may grant security

Keeping your mediation discussions confidential is of course extremely important, not just from disclosure to the other side but also confidential from third parties. Here are some tips on how that risk can be controlled in video conference (VC) mediations:  Controlling who attends the VC mediation: • have a meeting passcode—one-click meeting invitations can be copied to third parties, so having a meeting passcode adds a layer of authentication. Requiring a passcode is a setting enabled by the host, usually the mediator • use the ‘waiting room’—if the VC platform allows it, the host may enable a so-called waiting room function, which ‘holds’ meeting invitees in a separate space before he/she admits them individually to the meeting proper • lock the meeting—after the host has started a VC session, he/she can lock the meeting, such that newcomers are unable to join late even if they have the invite and passcode • mute or remove participants—the host can centrally manage all participants, so if an uninvited guest somehow got into the meeting, he/she can

Where a person avails themselves of care and support provided by the local authority, the local authority while having a duty to provide the care is also entitled to charge for it. A stay in residential care almost always incurs a monthly charge and if unpaid, any sum due may be recovered like any other debt. For information on preventing social care debt in England, see Checklist: Checklist for prevention of accumulation of social care debt. Change in law Parts of the Social Services and Well-Being (Wales) Act 2014 (SSW(W)A 2014) came into force on the 6 April 2016 under the Social Services and Well-being (Wales) Act 2014 (Commencement No 3, Savings and Transitional Provisions) Order 2016, SI 2016/412. The SSW(W)A 2014, s 70 sets out the general provisions governing a local authority’s recover of a debt. In

What is a counterclaim? Counterclaims and other additional claims are governed by CPR 20. A counterclaim is defined by CPR 20.2(1)(a) as a claim by a defendant against the claimant or against the claimant and some other person. An additional claim, is separately defined in CPR 20.2(1)(b) as, a claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy. Where the rules refer to an ‘additional claim’ this means any claim other than the claim by the claimant against the defendant, and unless the context requires otherwise, references to a claimant or

Where the court makes a committal order, the order is for the issue of a warrant of committal. A warrant of committal then needs to be executed, usually in the form of arrest and surrender of the respondent before the court (CPR 81.30(1)). CPR 81.30 provides that: 'Unless the court orders otherwise— (a) a copy of the committal order must be served on the

Service of the claim form should be conducted under CPR 6 (see Further Reading Link: Halsbury's Laws). Note: If the Governor of the prison were to obstruct service, this would be contempt. When seeking to serve the claim form on the prisoner there are a number of issues you may wish to consider: • do you know the prison the intended defendant is being held at? This is important as if you do not it is unlikely the prison service will provide that type of information and you would

The rules for service of the claim form outside England and Wales are set out in the Civil Procedure Rules. CPR 6.40(3) provides for service by: '1. any method provided for by: .... 2. 2. any method permitted by a civil procedure convention or Treaty (most significantly, the Hague Convention) [our emphasis]. 3. any other method permitted by the law of the country in which it is to be serve.' The UK is a contracting state to the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters