The creator of the classic 1980s children's programme, Button Moon, has triumphed in breach of copyright and passing off claims against a businessman who sold a range of t-shirts and mugs bearing strikingly similar designs. The Patents County Court granted artist, writer and puppeteer, Ian Allen, an injunction and awarded him damages as well as his legal costs.
In Ashcourt Rowan Financial Planning Limited v Hall, the High Court ruled that a restrictive covenant contained in the employment contract of a senior financial adviser was unenforceable.
As part of carrying out your instructions to us, we may need to hold your money in our Client Account. In holding Clients’ money, we have an obligation to pay interest on that money at a fair and reasonable rate and are required to put in place an interest policy; this policy sets out the guidelines for when interest is paid and is summarised below.
We aim to account to you for interest at a reasonable rate of interest however as the holding of your funds is incidental to the carrying out of your legal instructions, the rate is unlikely to be as high as the rate you may be able to obtain when depositing the money we hold on your behalf yourself. We must ensure that money held on Client Account is immediately available and so the need for instant access is taken into account when setting the rate of interest payable by us.
We align our interest rates paid on both monies held on general Client Account and separate Designated Deposit Account of Svenska Handelsbanken and RBS Professionals Account. This rate is likely to change from time to time.
Where amounts are held outside of a general Client Account or separate Designated Deposit Account, the rate of interest and date that interest is credited will depend on the relevant institution where the funds are held, and as such fall outside the requirements of this policy. The relevant interest information can be obtained at your request.
Where your money is held on our general Client Account, any interest paid to you is paid without any deduction for income tax (unless you are resident overseas – see below). As such it is your responsibility to inform HMRC of amounts of interest received from us and the implications of this will depend on your own financial circumstances. Where interest is held on a separate Designated Deposit Account interest is usually paid net of tax (unless you have signed a declaration confirming your entitlement to receive bank interest gross). The same rate of interest will be paid on money held in general Client Account as will be paid on money held in a separate Designated Deposit Account.
Under the European Savings Directive regulations 2003/48/EC we are required to inform HMRC of payments of interest to relevant payees and residual entities in prescribed territories. Where you reside outside the UK and EC, we are required to deduct income tax at the current basic rate and account for this interest to HMRC directly and pay you the net amount.
Interest will be calculated from the time the funds become cleared for interest purposes, on cheques or banker’s drafts this will be 7 days after the cheque or draft has been deposited with our bank. For amounts received by debit or credit card, interest will start to accrue from the date of the actual receipt, usually 3 days after the transaction has been authorised. For direct transfers or same day payments the funds become cleared on the day after receipt. Interest will be calculated on a daily basis and calculated on amounts held overnight from the day the funds become cleared for interest purposes.
Interest will not be paid if the sum of money held is not exceeding the amount shown in the left column below for a time not exceeding the period indicated in the right column:
Amount - Period
£1,000 - 8 weeks
£2,000 - 4 weeks
£10,000 - 2 weeks
£20,000 - 1 week
Interest will not be paid if the total amount calculated for the period that cleared funds are held is less than £20.00.
Interest will be calculated at the end of the matter and will credit the Client Ledger at that date.