All posts by David Walker

How to start a business during a recession and make it thrive!

By | Small Business, Start Up | No Comments

If you’re reading this article, you’re probably thinking about starting a new business. This may be something you have always dreamed of doing, or it may be that recent events have shown that being employed isn’t as safe and secure as you once thought.

However, as much as starting a new business is something you would love to do, you may be worried about the timing.

You may be asking yourself, “Is now a good time to start a business or should I wait until the economy picks up?Read More

Cash flow forecast

How to prepare a cash flow forecast for your business

By | Small Business, Start Up | No Comments

You may be wondering why I’m writing this article. After all, I’m a solicitor, not an accountant. Well, in my opinion, preparing a cash flow forecast is not a task for your accountant, it’s a task for you. Being able to prepare a cash flow forecast is an essential skill that every business owner should have.

What is a cash flow forecast and why is it so important?

As the name suggests, a cash flow forecast is a spreadsheet on which you forecast the amount of cash flowing through your business. You’re predicting what money is coming in, what’s going out and when this is happening. Read More

How to run a successful prize competition business

How to start a prize competition business in 9 easy steps

By | Prize Competitions, Small Business, Start Up | No Comments

If you’re thinking about running a prize competition, either to promote your existing business, or perhaps running multiple competitions as a business in itself, you need to go about it in the right way.

If you don’t you will end up losing money and wasting a great deal of time and effort.

You may also find yourself breaking the law and inadvertently running a gambling business or an illegal lottery! If you are, you run the risk of being shut down.

As a solicitor, I’ve worked with a huge number of promoters helping them set up and run their prize competition businesses. The most successful ones follow a process similar to the one I have set out below. Read More

Are contrapreneurs breaking the law?

Are the contrapreneurs actually breaking the law?

By | Business disputes, Small Business, Start Up | No Comments

In my previous article, “In defence of the contrapreneurs”, I looked at the dangers of the contrapreneur exposé videos. I highlighted the fact that some of the business celebrities trying to bring these contrapreneurs to justice were distributing just as much false and misleading information as the contrapreneurs themselves.

I have another issue with them too.

Many of the exposé videos I have seen are so focused on their moral quest that they fail to answer two very important questions:

  1. Are these contrapreneurs actually breaking the law? And
  2. If they are, what can you do about it?

Read More

In defence of the contrapreneurs

By | Business disputes, Small Business, Start Up | No Comments

Like many people, my LinkedIn feed seems to be full people claiming to be experts in a whole host of subjects. When I watch YouTube, every other ad seems to be from these self-proclaimed “experts” telling me how easy it is to make money and become a millionaire by following their simple formula.

Most of the time I keep on scrolling, but occasionally, something catches my eye. When I stop and look it’s shocking to see the techniques they’re using to lure people to their events, sell their courses and convince them to join their mastermind groups. Read More

What can be registered as a trade mark to protect my brand

What can I register as a trade mark to protect my brand?

By | Intellectual Property, Trade Mark | No Comments

When it comes to brand protection, clients often ask me, “What can I register as a trade mark?

They know they can protect a name or a logo, but there’s often many more elements to their brand than that. When we form a strategy for protecting their brand, we look at all the elements that distinguishes their business, products and services from those of their competitors. So, in this blog we’re going to look at each of the opportunities you have to stand out from the crowd when it comes to brand protection. Read More

The Royal Courts of Justice, London. The Law Courts, The Royal Courts of Justice houses the High Court and Court of Appeal of England and Wales.

Case Study: Silence does not amount to acceptance of an offer so no legally binding contract was in place

By | Business disputes, Contract law, Small Business, Terms of business | No Comments

This is a case study of a contractual dispute in which I was representing the claimant, John. The facts are true but names have been changed to protect client confidentiality.

Summary:

An offer must be formally accepted before a legally binding contract can exist. Offers cannot be accepted by silence. If you do not have a legally binding contract and a dispute arises, you are unlikely to be able to reclaim any money owed to you. Read More

Contract negotiations preparing heads of agreement

Heads of Agreement – Help or hindrance to contract negotiations?

By | Contract law | No Comments

Heads of agreement (also known as heads of terms, a letter of intent or a memorandum of understanding) are a useful tool when negotiating complex contracts. Generally, they’re not legally binding, they act as an aide memoir of the headline points agreed whilst a formal contract is being drawn up.

However, as helpful as they can be, they can also be a hindrance if not used properly. So, in this blog we’re going to look at when you should use heads of agreement and what should or shouldn’t go into them. Read More

website terms of use and privacy policy

Why your website must have terms of use and a privacy policy

By | Contract law, Small Business, Start Up | No Comments

The terms of use and privacy policy are two of the most important pages on a website and yet they’re probably the least read.

When I advise a client that they should have them in place and offer my help in preparing them, their first reaction is often “No, don’t worry, I’ll copy them off someone else’s website

Putting aside the fact that this would make them guilty of copyright infringement, here’s four reasons why this is a terrible idea and why your website should have a professionally prepared terms of use and privacy policy. Read More