Two Men and a Little Baby

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It is difficult to avoid the pregnancy rumours relating to Cheryl Fernandez Versini and Liam Payne appearing in the press recently. Various tweets and social media entries have sparked speculation that Cheryl may be expecting the couple’s child. Although Cheryl and Liam are not married, this does not strictly affect the law relating to children and each parent’s rights. It should however be mentioned that for Liam to hold parental responsibility for the child, once born (assuming the rumours are true) he must be named on the child’s birth certificate, although it is possible to make a separate application to the Court in the event he is not named, for them both to sign a Parental Responsibility Agreement (or alternatively they may get married).

On a separate note, Cheryl remains married to her estranged husband, Jean-Bernard Fernandez-Versini although the media is reporting the Decree Nisi has recently been pronounced. Decree Nisi is the first stage in the divorce process, which basically means the Court is satisfied there is sufficient evidence for the divorce to proceed based on the facts provided. The divorcing parties must wait a minimum period of 6 weeks and 1 day before applying for Decree Absolute, although that is a minimum period and so we cannot predict when the couple will actually divorce. During the 6 weeks and 1 day period it is also extremely important to ensure all financial matters are finalised and in this respect it is understood that they have been able to reach an agreement so they should be presenting a Consent Order to the Court for approval.

Here at Breeze and Wyles Solicitors Ltd we are able to offer expert advice on all matrimonial matters, including divorce, finances and children. We are able to offer you a one off advice session on a fixed fee basis in the event you are a new client, or ongoing support and advice throughout your matter where instructed.

Lisa Honey is a family solicitor at Breeze and Wyles Ltd specialising in family law and deals with matters covering a range of issues including divorce and financial settlements, separation following the breakdown of a relationship, children matters and declarations of trust. Lisa is also an honorary solicitor providing advice at the Citizens Advice Bureau in Cheshunt and Ware.

 

 


Chatty Ever After

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It has been announced this month that comic, Alan Carr is set to marry his long term partner, Paul Drayton following a proposal on a recent romantic getaway. Although no date has been set, the pair have begun planning, even hinting that Adele could be lined up to perform on the big day. Same sex marriage has been legal since March 2014 and prior to that civil partnerships have been possible since 21st December 2005.

It is no secret that Alan Carr is a successful comedian in the public eye and he may choose to seek legal advice in relation to his finances before tying the knot. Notwithstanding the fact this will be a same sex marriage or civil partnership, largely identical rules and laws now apply. Although many people see pre-nuptial and post nuptial agreements as unromantic and untrusting, it is vital to protect your interests in the event things go wrong, which they so often do these days. Unfortunately 4 in 10 marriages do end in divorce and up to 1 in 10 civil partnerships end in dissolution. It is therefore always best to consider the worst case scenario to ensure you have protected yourself.

Here at Breeze and Wyles Solicitors Ltd we are able to offer you advice and assistance with pre-nuptial and post-nuptial agreements. Our experienced expert lawyers are able to provide you with advice to suit your individual case and needs. In the event things do turn sour, we are also highly experienced in offering advice on divorce and finances and children matters where required.

Lisa Honey is a family solicitor at Breeze and Wyles Ltd specialising in family law and deals with matters covering a range of issues including divorce and financial settlements, separation following the breakdown of a relationship, children matters and declarations of trust. Lisa is also an honorary solicitor providing advice at the Citizens Advice Bureau in Cheshunt and Ware.


Safeguarding design is a priority for smaller business

Cheaper registration fees are an opportunity for small businesses and designers to secure greater protection for their intellectual property in future, as well as being a route to protection in the UK post-Brexit.

registered design is one of the options available from the Intellectual Property Office, alongside trade marking, patenting and copyright.

It protects the visual appearance of a product including the shape, texture, materials, colour and pattern and gives the right to prevent others from using the design for up to 25 years through a renewal process every five years.  And since the Intellectual Property Act was introduced two years ago, it has been a criminal offence to copy a registered design intentionally.

The reduction in fees for registered designs sees the cost of a single online application cut by £10 to £50, with bigger savings for multiple applications. An application containing 2-10 designs will cost £70, and each extra block of up to 10 designs an additional £20.  The savings are huge for multiple design registrations: as an example, a batch of 40 designs registered online will cost £130 under the new system, compared to £1620 under the old fee rates.

Commercial Solicitor Donna Bromyard of Hertford town solicitors Breeze & Wyles said:  “This reduction opens the door to much more affordable protection for small businesses seeking to safeguard their business ideas and designs.  They can more easily afford to register different options, such as line drawings, coloured drawings and photographs, which could boost their chances in challenging any copycat competitor.”

She added: “The recent ruling by the Supreme Court, which saw the designer of children’s sit-on suitcase Trunki lose their infringement case against the cheap look-alike Kiddee case, has highlighted the need for a more comprehensive approach to registration of designs”.

The Trunki design was protected with six computer-aided design drawing representations of the exterior of the case from various angles and perspectives. The Supreme Court ruling pointed to the lack of ornamentation on the surface of the Trunki as depicted in the registration, and how this differed from the decoration present on the body of the Kiddee case.

“The Trunki design had been registered under the EU Registered Community Design process, but the outcome of the case translates directly to the UK design registration process,” explained Donna.  “And the lesson is to safeguard your designs with multiple depictions and types of image to give maximum protection.”

The UK process protects designs solely in the UK, so for businesses looking to protect designs in Europe the EU Trade Marks (EUTM) and Registered Community Designs (RCD) will continue to be valid in both the UK and the rest of the EU until Brexit is completed. Post Brexit, UK businesses will still be able to register a Community Design, which will cover all remaining EU Member States, but it will not be valid in the UK.

Also, the government has said it intends to ratify the The Hague System for the International Registration of Industrial Design in a national capacity, to enable continued access for UK designers post Brexit.  This allows registration of up to 100 designs in over 65 territories through one single international application.

Donna added:  “In the run-up to Brexit, it’s important that businesses consider their options for both new or existing design registrations, as to whether they need to protect their design in either the UK and Europe, or in both.”

PMS International Group Plc v Magmatic Limited [2016] UKSC 12 (“Trunki”)

ENDS

Web site content note: 

This is not legal advice; it is intended to provide information of general interest about current legal issues.

References

http://www.legislation.gov.uk/ukpga/2014/18/contents

 https://www.gov.uk/register-a-design

https://www.gov.uk/government/news/good-news-for-designers

https://www.gov.uk/government/news/ip-and-brexit-the-facts

http://www.wipo.int/hague/en/

https://www.supremecourt.uk/cases/docs/uksc-2014-0147-judgment.pdf


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£2,818.18 raised for MacMillan Cancer Support - Thank you everyone!

30th September saw once again the stag-house-coffee-morningbiggest coffee morning for Macmillan Cancer Support across the country. Breeze & Wyles Solicitors Ltd certainly contributed their share, but with a twist. Not only were they holding it for the morning, they kept going until all their cakes were sold!

Breeze & Wyles Solicitors Ltd is committed to and actively supports local communities through its programme BW Communities and as part of this are continually looking to generate money for local charities in an effort to support the hard work that they do. The Company encourages everyone in the business to participate or help in the organisation of charitable events and consider that respect for our community should be at the core of everything that they do as a business and as individuals.

Following on from last years’ great success, BW Communities, unfurled the bunting across all three of the firm’s offices, pitching up an urn and home-made cakes on grass fronts, opening their doors to surrounding businesses and competed amongst themselves to serve up cakes that even Mary Berry and Paul Hollywood would be sure to approve.enfield

Once again, the sunshine certainly helped people enjoy the day and created a real buzz of activity throughout all three offices in support of such a good cause.

A spokesperson for the firm of solicitors stated “It is with great delight that we can announce a grand total raised from all three of our offices of £1,409.09. Again, a lot of hard work was done behind the scenes and we really are grateful to all those involved for making it such a great day.”

The Directors at Breeze & Wyles have agreed to double the amount raised for Macmillan bringing the total donation to a total of £2,818.18. Plans are underway for other events and they hope to raise similar amounts for other great local and national causes in the future.stortford-office