March 2021 - MLP Law

50 miles in March for Henshaws

Last month we announced our charities of the year for 2021, Henshaws and SANDs. To set off a hopefully successful year of fundraising, MLP Law are excited to be taking part in Henshaws’ ’50 Miles in March’, as a firm. 

The idea is to Walk or run 50 miles in March, or add a further 50 miles to your usual routine, and raise vital money for charity. It’s a great challenge, and it’ll help Henshaws provide vital support and services, whilst keeping us active and healthy too!

More about Henshaws and the wonderful work that they do can be found on their website: https://www.henshaws.org.uk/

Every pound we raise will help Henshaws continue to support the 250 people who start to lose their sight every day in the UK. A donation of £5 will fund an online workshop at Henshaws Arts & Crafts Centre and a donation of £10 will help fund our vital telephone support service for those struggling with isolation. Every pound really does make a huge difference!

We will be posting regular updates of our progress on our Facebook fundraising page, to show milestones reached and also the lovely scenery we see along the way. We have set our fundraising target to £150 and hope to reach, if not exceed this total for such a life changing charity.

If you would like to join us on our journey, and possibly make a donation of whatever you can spare the link to our fundraising page is below.

https://www.facebook.com/donate/747638809461086/

Now it’s time to get our shoes on – there’s 50 miles to go.

What is the ‘UKCA mark’ and does it affect you?

As of 1st January 2021, the ‘UKCA’ (UK Conformity Assessed) product marking replaced the use of the ‘CE’ marking for products being placed on the market in Great Britain (England, Wales and Scotland).

By way of a recap, these are administrative markings which demonstrates conformity with health, safety, and environmental protection standards for products sold within the relevant territory (the European Economic Area (EEA) in relation to the CE mark, and Great Britain in relation to the UKCA mark).

Note, the UKCA does not apply to goods being sold in Northern Ireland.

UKCA / CE Marking – compliance

The technical requirements which you need to meet for the UKCA marking are largely same as the CE marking requirements. If you have previously needed to use CE marks therefore, we do not anticipate there being significant, if any, change for you in this regard. However, in any event, we recommend that a full review of the new UKCA rules is undertaken in respect of each of your relevant products, to ensure you are fully compliant going forward. 

Below, we have set out the key requirements which you must adhere to, to ensure compliance:

  1. UK Declaration of Conformity

As with products marketed in the EEA, you will also need to prepare a UK Declaration of Conformity in relation to the UKCA marking. As expected, this declaration will be largely the same as what was previously required, and should include details such as:

  • a description of your product, and identification of it (e.g. its serial number);
  • the name and address of the body involved in assessing the conformity of your product (if required); and
  • details the applicable legislation with which your product complies.

2. Using the UKCA marking

Like the CE mark, you must apply the UKCA mark to your products. There are certain requirements you must also adhere to:

  • the letters forming the marking must be of a certain size;
  • the marking must be at least 5mm in height (unless any exemptions apply – please let us know if you would like us to check if this applies to your products under UKCA); and
  • the marking must be visible.

3. Technical documentation

You must keep documentation to demonstrate that your products conform with the UKCA requirements. These records should be kept for at least 10 years after they are placed on the market. Again, please let us know if you would like further advice about your record keeping requirements.

How we can help

To determine whether your products are compliant under the UKCA regulations, a full analysis of your products and the applicable legislation relating to them will need to be undertaken.

If you think you require advice on this and if you would like us to advise on the product marking requirements for any products you sell, please contact our Commercial and IP team on 0161 926 9969 or commercial@mlplaw.co.uk  to receive expert legal advice for your business.

Commercial & IP Team March 2021

MLP Law Ltd.

Leanne Sodergren announced as COO of MLP Law

MLP Law Ltd. is pleased to announce the appointment of Leanne Sodergren as COO for the Company.  Leanne’s appointment reflects her many years of legal sector knowledge – her career in law firms spans over 20 years and she joined MLP over 15 years ago.  Having been MLP’s Finance Director for a number of years, in her new role Leanne will support Owner and CEO Stephen Attree and the senior team in executing the company’s strategy to become the leading law firm for businesses, business owners and their families. 

Stephen Attree said, “I am delighted to announce Leanne as COO.  For me, the many years of experience in the sector and knowledge of MLP means Leanne’s talent, from a values and behaviours perspective and not just from an operational and financial perspective, is invaluable to the business as we plan and execute our strategy over the coming months and years. Our ambition is to continue to build a leading legal services business which has its clients, its people and technological innovation at the heart of everything we do.”

Leanne said, “I’m delighted to be expanding my role and growing with MLP Law as it goes from strength to strength. We have an excellent well respected and trusted team with a strong reputation in the legal sector and I’m looking forward to bringing my skills and experience to help us grow and innovate through the next phase of our development.”

Stephen Attree confirmed “The goal for Leanne is to develop our clear client service strategy and ensure MLP Law has the IT, processes and systems to support its activity and growth creating a well-run efficient integrated business with its clients and people at the center of everything we do.”

Are you ready to take your career to the next level?

A uniquely hybrid model where you work to your own beat and focus solely on your clients’ needs and concerns while reaping the benefits of maximizing your earning potential.

At MLP Law we strive to deliver the very best service to our clients, with responsive accessible Solicitors delivering truly expert advice.If you’re of the same mindset, why don’t you explore the benefits of joining our family as an MLPlus Partner.

If you would like further information on the benefits of joining as an MLPlus Partner, please contact our Managing Director, Stephen Attree, on stephena@mlplaw.co.uk.

Updated shielding guidance

From 1 April 2021, employees categorised as “extremely clinically vulnerable” are no longer advised to shield, in an update to shielding guidance published by Public Health England.

This puts extremely clinically vulnerable on the same footing as all other employees and there is no change to the general recommendation that all employees should wpork from home wherever possible. However, extremely clinically vulnerable employees who cannot work from home are now able to attend their place of work.

Again, like all employees, extremely clinically vulnerable should still continue to comply with general lockdown laws and adopt the basic protective measures we are now all familiar with, such as maintaining social distancing, frequently washing hands and wearing a mask.

If you have any questions or concerns about your obligations to employees as your workplace opens up following lockdown, please get in touch with the MLP Law Employment team at employment@mlplaw.co.uk or 0161 926 9969. Please also keep an eye out on our Twitter feed @HRHeroUK and for our regular blogs on all things Employment Law and HR.

Residence battle myth… “All children are resilient”

It is surprising how many people comment on how resilient children are when faced with the breakdown of their family unit. Studies show that by nature some children are very resilient  some are not, like any adult a lot depends on individual personalities.

For parents its wrong to assume that all children will take a  residence  battle in their stride but its often an assumption family solicitors hear, when parents will often forget that the courts paramount concern is the welfare of a child and what is in the child’s best interest not what arrangements suit one or both parents.

For advice and assistance on child related issues please contact Rachael Wood who is a Resolution Accredited Specialist in Children Law on 0161 916 1581 or rachaelw@mlplaw.co.uk

International Women’s Day

MLP Law are celebrating our amazing women not just today, but everyday!

We are so proud of our team and how we work at MLP:-

55.5% of the Senior Executive Team are women

Overall 70% of the MLP Family are women

Everyone at MLP benefits from our “flexi time” arrangements, we also have full time employees, part time employees, consultants and fee share lawyers.

We work hard to recruit the very best talent – we can make it work for you!

We love to celebrate the achievements of our amazing MLP women and support each other to succeed everyday.

50 miles in March – and beyond

The first week of March has been and gone, and we are proud to say we have made fantastic progress in our efforts to complete 50 miles in March for Henshaws, as a firm.

We have already completed 54 miles in March! Our MLP team have really gone above and beyond and we are so proud to say we have already exceeded the target. However, we won’t stop there. We are going to keep going in the aim to raise as much money as possible for Henshaws.

For more information on the amazing work this charity is conducting please take a look at their  website: https://www.henshaws.org.uk/

There have been some beautiful views along the way and it has really brightened up our lockdown blues to see some different surroundings! We are pleased to share these with everyone and hope it encourages others to get out and about – you see so many different things on foot.

If you would like to make a donation, or keep up to date with our future miles please take a look at our Facebook donation page: https://www.facebook.com/donate/747638809461086/

Every pound we raise will help Henshaws continue to support the 250 people who start to lose their sight every day in the UK. A donation of £5 will fund an online workshop at Henshaws Arts & Crafts Centre and a donation of £10 will help fund our vital telephone support service for those struggling with isolation. Every pound really does make a huge difference!

Celebrity Estates

Jimi Hendrix

Our first celebrity in our new monthly series is the musician described in the Rock and Roll Hall of Fame as ‘the most gifted instrumentalist of all time’, Jimi Hendrix.

Jimi died in London in 1970 at the age of 27 having aspirated on his own vomit, without making a Will. When he died, Jimi had $20,000 in the bank and various debts, however, because of the estate receiving income from royalties, his estate is now valued at a massive $175 million.

Jimi’s father Al Hendrix was the sole beneficiary of his entire estate. In 1974, the lawyer Leo Branton who had helped Al manage the estate, convinced Al to sign over all of Jimi’s rights for a small, undisclosed amount. Al later sued Branton, claiming Branton had a conflict of interest in the sale as he had an interest in the company he convinced Al to sell to. Al’s claim was successful and Branton settled.

Until his death in 2002, Al managed the copyright for all of Jimi’s work and when he died, Al left his entire estate to his step-daughter Janie, excluding Jimi’s brother Leon.

Leon contested his father’s estate, claiming that Janie had influenced his father to exclude him from his Will. The Court disagreed and in 2007 the Court rejected Leon’s claim against Al’s estate.

From 2004, Leon has been involved in a series of legal battles for using trademarks and copyrights related to Jimi owned by Al’s estate. For example, Leon has used Jimi’s signature to market alcohol and Jimi’s branding to market marijuana products.

Although not all of us have royalty income worth $175 million, the family warfare in Jimi’s estate can happen in estates worth any value.

If you believe your family member or friend has been pressured or coerced when preparing their Will, or you would like to ensure your wishes are adhered to by preparing a Will, please get in touch with our experienced Wills, Trusts and Probate team at MLP Law on 0161 926 9969 or email WTP@mlplaw.co.uk who can help. 

Directors Duties

This last year has been very unpredictable for many UK companies. Exiting from the European Union on 31st January 2020, coinciding with the unprecedented pandemic of Covid 19, we have seen even the largest of businesses be heavily impacted ie. Boohoo’s takeover of Debenhams and more recently, the news that Thorntons chocolatiers will close all its UK shops.

With this in mind, are you fully aware of your directors’ duties towards your Company, specifically with regards to insolvency? Let’s take a look…

1. You have a Statutory Duty:
  • to act within your powers;
  • to promote the success of the company;
  • to exercise independent judgement;
  • to exercise reasonable care, skill and diligence;
  • to avoid conflicts of interest;
  • not to accept benefits from third parties; and
  • to declare interest in a proposed transaction or arrangement.
2. Other duties a director is responsible for:

Confidentiality

  • a duty of confidentiality to the Company

Insolvency

  • Wrongful trading
  • Fraudulent trading
  • Disqualification

NOTE: The UK government introduced some temporary measures relating to wrongful trading for UK private limited companies. Please see our Corporate Insolvency and Governance Act 2020 blog here for further details on this.

You can also view our in depth blog on Directors Duties and Responsibilities here.

If you require any help or advice, please speak to our Corporate and Commercial team at on 0161 926 9969 or email corporate@mlplaw.co.uk.