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North West Business Insider.
August 2006
Starting your own business feature.
“…With the right measures in place, there’s no reason why a change in circumstances between partners should have an undue impact on the business. Without a formal structure, however, a fall-out between friends can easily take the business with it.
“You often hear: ‘Oh we’re the best of mates, I’d trust him with my life.’ But my response is simple: nobody knows the future. Your partner may drop down dead. What happens to his shares? Or what is you have a disagreement and the other partners vote to downgrade your shares? It’s much better to sort out these issues at the beginning, than later on when real money may be involved, “ says Terry Osborn, a partner at nexus solicitors.
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Nexus Recommended in Legal 500.
2006 edition
Recommended – Corporate and Commercial
nexus Solicitors continues to impress in the local owner-managed business sector, with department head Jamie Lloyd active on acquisitions and disposals. Commercial work in media and sports continues to flow into the office, and the firm's stated intention of partner-led, one-to-one service is a hit with clients. The arrival of highly rated Melanie Yeomans from Keoghs was a further boost.
Recommended – Commercial Property
Desmond O'Driscoll leads an increasingly active real estate practice at nexus Solicitors, which is expanding into the leisure and retail sectors with some high-profile clients, in transactional matters as well as in landlord and tenant work.
Recommended – Sport
Tony Brook's group at nexus Solicitors has advised SMG in relation to various stadia and arena projects. The team was also instructed by the organisers of the Tsunami Soccer Aid event held at Liverpool Football Club.
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New Partner at Nexus.
August 2006
Manchester based nexus has strengthened its corporate and commercial team with the appointment of Melanie Yeomans as a partner.
Melanie specialises in corporate finance, M&A work, shareholder issues, partnership matters and corporate governance advice. She will work alongside partner Jamie Lloyd to develop the department and her appointment brings the number of partners at nexus to eight.
Commenting on her decision to join nexus she said, “nexus is a young and dynamic team with an excellent reputation and a fantastic corporate client list and I am very excited to be joining them.”
Melanie, 35, joins from Keoghs and prior to that she headed up the UK corporate desk of the Clifford Chance Paris office.
Partner Jamie Lloyd said, “Attracting someone of Melanie’s calibre is a real coup. The knowledge and skills she brings with her complements our existing team while adding additional abilities that will help our current plans for development and growth”
nexus, which celebrates its sixth anniversary this summer, has experienced significant growth in the last 12 months, with three new partners joining already this year, and a number of strategic internal promotions.
Nexus Deals.
August 2006
Manchester solicitor Jamie Lloyd, partner at nexus, in conjunction Stephen Frazer at corporate finance advisers Bentley Jennison, recently advised the shareholders of Global Maritime Holdings Limited on the sale of their shares to the management team for an undisclosed sum.
Global Maritime is a London based consultancy firm that provides clients across the world with specialist engineering and marine expertise.
New Head of Employment.
Nexus solicitors has appointed Carl
Moran as a partner and Head of Employment. Carl, who joins from
Eversheds, will be responsible for developing the department which
works with commercial clients ranging from owner -managed businesses
to major corporates.
Commenting on the appointment Carl said, I was attracted
to nexus because they are a young dynamic firm where the partners
are very hands-on with clients. I'm looking forward to joining the
team and helping to continue the development of the business.
Nexus celebrates its sixth anniversary this year and has reported
record year-end figures. Plans for the immediate future include
recruitment in core areas, investing in new departments for the
firm, and securing additional office space.
Copy Matters.
Adline magazine March 2006
Like most businesses, creative agencies probably feel that the
fewer times they have to step into a solicitor's office the better.
Quite rightly, the time of those in the advertising, marketing and
PR industries is better spent doing what they do best; creating,
designing and innovating.
Unfortunately however, the creative industries can attract a great
deal of (unwelcome) legal attention, much of which could be easily
avoided if agencies were better informed about the legalities surrounding
their respective professions. More often than not the problems that
arise are related to copyright or brand protection issues, such
as use of trade marks in campaigns or comparative advertising for
example.
A case that might ring a bell involved the ownership of the copyright
of a logo designed for the UK manufacturer of Dr. Marten's footwear.
An advertising agency had been commissioned to design a logo for
the advertising campaign and it, in turn, commissioned a freelancer
to fulfil that part of its brief.
The freelancer, as designer of the logo (copyright works include
logos, designs, copy etc) was the first owner of the copyright.
The case sounds a warning note here to all agencies that commission
freelance work - you may find your right to use and reproduce the
work is restricted or only available at additional cost, even if
the freelancer has been paid! (The law relating to employees is
different, with work done in the course of employment belonging
to the employer.)
Now the fact is that the freelancer in the Dr Marten's case lost.
But, and this is the point, the case went all the way to the Court
of Appeal, no doubt at considerable legal cost; uncertainty and
risk of losing; inconvenience and devotion of management time.
It all could have been so simple. A written engagement, in letter
form, could have confirmed who owned copyright and no one need have
ended up in court. As an aside it would be interesting to know if
the advertising agency kept the client
.
For marketers, regulation is quickly becoming a minefield, not
least because data is often collected by others. All agencies should
ask themselves a few straightforward questions such as are we up
to date on best practice as regards data protection? Have we even
notified our business to the Information Commissioner (who used
to be called the Data Protection Registrar)? For £35 you can
avoid both a criminal offence and the potentially serious and costly
consequences.Those working in digital media should be aware of how
unsolicited direct marketing by e-mail has been affected by The
Privacy and Electronic Communications (EC Directive) Regulations
of 2003. The ASA also takes a keen interest in database practice.
Did you know you cannot market by e-mail unless you have the consent
of the recipient; you or your client is already dealing with that
person; the mailshot is for similar products or services to those
already being dealt in and there has not been an opt out? Has the
division of responsibility for compliance been agreed between agency
and client?
Law and regulation doesn't go away and, to return to my opening
statement, the less time you have to spend in a solicitor's office
the better. So while you're busy creating award-winning campaigns,
spare a thought in advance for some of the detail - and save yourself
a heap of time and money in the process.
Terry Osborn,
Partner, nexus solicitors
New Partner at nexus.
10th Jan 2006
The New Year has got off to a flying start for Manchester based
nexus solicitors, with the announcement that Phil Turner, founder
and former partner at Turner Parkinson, has joined the firm. Phil,
who set up Turner Parkinson in 1995, specialises in contentious
IP and chancery litigation.
Phil has joined as a partner in the firms IP department, where
he will work alongside nexus partner Terry Osborn, who specialises
in non-contentious IP.
Commenting on his move to nexus Phil said, nexus is a dynamic,
people focused firm and I have always been impressed with what I've
seen and heard about the way the partners are so directly involved
with the clients. They have a very refreshing approach to business
and I am looking forward to being part of such a forward thinking
firm.
nexus founding partner Chris Pugh said, Phil joins us at
an exciting time in the firm's development. We are investing heavily
in producing a team of specialists able to advise on all aspects
of IP exploitation and protection, and that is able to service,
in particular, our expanding retail, leisure and creative industries
client base. Phil's skills will complement those of our existing
team and he brings a wealth of experience and know-how with him.
Debbie Dunroamin'
10th Jan 2006
Debbie Illsley (formerly an associate partner) is returning to
nexus solicitors having taken a sabbatical year teaching English
to children in Tanzania, including two months spent travelling around
Uganda and Ethiopia. Debbie worked for the Village Education Project,
a charity aimed at improving children's education, and lived and
worked in a small village in the foothills of Kilimanjaro.
Debbie will return to her position at nexus as an associate partner,
where she specialises in litigation with an emphasis on property
litigation. She said My year in Africa was a fantastic experience
working for a charity that makes a huge difference to children's
lives. I intend to continue fundraising for them now I am back in
the UK but I'm also pleased to be returning to nexus and focusing
on my legal career.
nexus founding partner Chris Pugh said, It will be great
to see Debbie back. She is a real asset to the firm and rejoins
us at an exciting time in the firm's development; last year was
our busiest yet and our projections suggest this will continue in
2006.
For further information on the Village Education Project please
visit www.kiliproject.org
Manchester Evening News
23rd August 2005
Nexus solicitors is seeking larger premises as it targets 40 per
cent growth over the next three years.
The firm, which is currently based in Albert Square, Manchester,
is looking to double the size of its offices to cater for its ambitious
expansion plans.
Nexus celebrates its fifth anniversary this month after a record
year in which turnover increased by 28 per cent, from £1.9m
to £2.44m. Staff Numbers are up to 41.
It currently covers commercial property, corporate finance, commercial,
dispute resolution, employment, sports and media work but is looking
to expand into areas such as insolvency and is recruiting.
Clients include sandwich chain Subway and Swinton Insurance.
Legal500
Nexus Recommended in Legal 500, 2005 edition
Corporate & Commercial
Five-partner firm nexus Solicitors was initially established
as a commercial boutique focusing on a local OMB client base, but
has branched out into the media and sports world on the back of
clients from those sectors. Clients are impressed with the accessible,
'first-rate' one-to-one service of Tony
Brook.
Commercial Property
Under Desmond
O'Driscoll, nexus Solicitors has established a thriving real
estate practice that focuses on landlord and tenant matters within
the retail sector.
Liverpool and Manchester Design Initiative
24th August 2005
IP expert and nexus partner, Terry
Osborn is giving a presentation on copyright and IP, to the
Liverpool and Manchester Design Initiative, a charity funded to
provide practical advice and specialist information to producers,
purchasers and commissioners of design, craft and visual arts.
The seminar will take place on August 24th at Arts Council of England,
Manchester House, 22 Bridge Street. For further information please
contact 0845 300 6200.
Manchester Evening News
17th May 2005
It's been a
good year for business- Annual Law Review
"Turnover at nexus rocketed
by 28 per cent
... The firm reported turnover up from £1.9m to
£2.44m"
Manchester Evening News
12th April 2005
Keeping on
top of the bullies
Employers need to tread with increasing care in respect
of bullying and harassment claims, experts are warning. A new case reported in
the Court of Appeal last month (Majrowski v Guy's & St Thomas's NHS Trust)
could have a big impact on harassment cases
The Court of Appeal held by
a majority, that there was nothing in the wording or policy of the Protection
from Harassment Act 1997 that prevented an employer being vicariously liable for
harassment by its employees, as long as there was a sufficiently close connection
with employment.
This decision means that an employee can sue an employer
for damages for harassment by a co-worker. 'Harassment' is not clearly defined
in the Act, but probably includes workplace bullying or a series of unreasonable
instructions. The employee now has a cause of action against the employer which
s/he might not previously have had as claimants are expressly permitted to recover
damages for anxiety caused by the harassment under the 1997 Act.
Commenting on the case Helen
Morley, Head of Employment Law at nexus solicitors said, "Communication
is the key to good employee relations and one of the best defences
against workplace bullying. If staff know what is going on and are
kept informed they can adapt to new circumstances, so often the
cause of bullying and harassment claims and feel part of what's
going on rather than alienated from it. Employers should also have
a specific Dignity at Work Policy and regular staff training, to
show that they take these issues seriously."
North West Business Insider
February 2005
Deals - 2004
Review
Partner, Jamie Lloyd
How
was 2004 for you and your firm?
Our busiest year yet. We certainly
benefited from another year in the market with introductions increasingly coming
from banks and other institutions.
What themes emerged in 2004?
There
is still no shortage of deals in the mid-market - just bigger firms trying to
muscle back in to a market they previously walked away from.
How is
2005 going to shape up (what themes will emerge etc)?
There are a
growing number of niche legal, corporate finance, accounting and PR practices
in the North West, many of which have been set up fairly recently by young entrepreneurial
teams. These businesses are showing an increasing enthusiasm to work together
and develop a network of likeminded individuals who will, in time, challenge the
establishment
What deal do you wish you'd done?
I don't
covet my neighbour's ox. I'm very happy with my own.
Manchester Evening News
February 8th 2005
Charity
goal for law firm
"A Manchester law firm is providing free advice to organizers
of a soccer match which aims to raise £1m for tsunami victims.
Solicitors at nexus have been enlisted to help on matters ranging
from TV rights to merchandising.
The game between a team of Liverpool Legends and a Celebrity
XI will take place at Liverpool's Anfield stadium on Easter Sunday, March 27.
It will kick-off at 4pm and will feature pre-match and half-time entertainment,
with prizes.
Some of Liverpool's most famous players will be turning out
in the club's famous red strip, including Kevin Keegan, striker Robbie Fowler
and Kenny Dalglish. The squad will be managed by ex-Reds boss Roy Evans. Nexus
has been appointed as office solicitors to Tsunami SoccerAid, the vehicle for
the match.
Partner Terry Osborn, who is leading the nexus team said: "This
looks set to be a memorable event and simply couldn't be for a better cause. We
are pleased to be involved and didn't hesitate for a second when we were asked.
"The
idea for the game came from former Liverpool and Bolton player Jason McAteer,
who watched a TV documentary on the disaster and was spurred to do something to
help.
"He is at Tranmere now but while he was at Liverpool, he went
to the Far East as an ambassador for the club, setting up soccer schools. Jason
spoke to his agent, Dave Lockwood, a long-standing client of ours, about the idea.
Dave took it up with us and we were happy to become involved on a pro-bono basis."
Intellectual
property partner Terry, 44, who lives in Whalley Range, added: "We are looking
after everything legal that needs to be done.
"We have set up a company
called Tsunami Soccer Aid which is limited by guarantee. We are also looking at
contracts, merchandising, negotiating over media rights, programmes, insurance
and so on."
Accountancy firm Mitchell Charlesworth, which acts fro
Jason McAteer and Dave Lockwood is also providing services on a pro bono basis.
Its tam includes Paul Booth from the Manchester office.
Manchester Evening News
January 11th 2005
Property
Preview 2005
"Changes in the law on leases, which could mean that upwards
only rent reviews would become less frequent might provide some drama warns Des
O'Driscoll, head of property at nexus solicitors.
"It will be interesting
to observe developments in 2005 in the ongoing attempt by retailers to derail
the current upwards-only rent review system, whereby rents can only move upwards
or sideways during the period of a lease. Tenants see this system as inherently
iniquitous and an affront to a true open marketplace. Landlords will argue that
such a ban would impact on funding for new developments. This squabble will run
and run."
Manchester Evening News
November 16th 2004
Employment
Law feature
"
Helen
Morley, associate partner at Manchester law firm Nexus says
that too many employers still don't know the law. "Despite
the publicity surrounding unfair dismissal and the wealth of information
available to employers from sources such as the DTI and ACAS employers
still seem to keep getting dismissals wrong," she said. But,
she says, even when they do know the rules they often do not more
than comply with the minimum requirements and that could lead to
more problems.
"From
October 1, controversial new employment legislation came into force which attempts
to improve the resolution of disputes in the workplace. These rules will have
a fundamental impact on businesses and significantly change the future of employment
law. The consequences of non-compliance with the set procedures are serious.
"From
my own experience since these new rules came into force a number of employers
think that all they now have to do is follow the three step procedure for dismissing
an employee. If they only follow this limited procedure they will still face claims
of unfair dismissal."
North West Business Insider
October 2004
Employment
law feature - Harassment
."The new ruling should certainly help stem the flood
of false claims, where people effectively walk out of a job and
then put in a claim of harassment just to try their luck,"
argues Helen Morley,
head of employment, Nexus solicitors, Manchester, "Employees
like this know that employers will more often than not settle out
of court just to save themselves the hassle of the tribunal process,
so they'll probably get £500 or so out of it. But now that
option won't be open."
Morley maintains that communication
is the key to good employee relations and the best defence against workplace bullying.
"If staff know what's going on and are kept informed they can adapt to new
circumstances - which are so often the cause of bullying and harassment claims
- and feel part of what's going on rather than alienated from it."
She
also believes that more publicity on the issue of bullying and harassment would
be helpful. "There's a risk of the workplace becoming like a school playground
if people aren't given clear guidelines. Employers need to be made aware there's
a risk because they are liable for employee's behaviour."
Manchester Evening News
October 26th 2004
John Jones,
Iain Round, Lee Rogers, Paul Shaw and Philip Walmsley of Manchester accountants
Beever and Struthers advised entrepreneur Andrew Dowd on his £4m acquisition
of MGM Precision Engineering, of Newcastle, Nick Marshall and Jamie Lloyd, of
Nexus, were legal advisers.
Manchester Evening News
July 27th 2004
Nexus solicitors
of Manchester has a new retail services unit, offering advice on property, commercial,
dispute resolution and employment matters to clients such as Moben Kitchens and
Dolphin Bathrooms.
Manchester Evening News
May 18th 2004
Law Review
League Table
Nexus appeared 18th in the turnover league table and reported
one of the largest percentage increases at 18.8%
North West Business Insider
April 2004
Jeans
Therapy
Are dress-down policies just an embarrassing hangover from the
dotcom boom when we all yearned to emulate those Silicon Valley pioneers in their
oh-so-stylish chinos? Sarah Hone assesses how easy it is to throw away the suit
but still maintain a sense of pride in your job.
."At Nexus
an innovative Manchester law firm established less than four years ago, jeans
and casual shirts are the order of the day. The dress code aims to reflect the
needs of its largely owner-manager clients. Dr Martens boots-clad partner Jamie
Lloyd says dressing down is a step towards demystifying the legal system.
"At the end of the day wearing a pinstriped suit and a spotty tie doesn't
make you a better lawyer. We're just another service provider and we're here to
provide a service to our clients in the best way we possibly can, " proclaims
the plain-speaking Lloyd. "We're no different from plumbers, electricians:
we have a particular skill in a particular area. It's as simple as that."
Nexus's egalitarian approach is at odds with a profession that still believes
in a formal dress code as a way of life. "We're just as professional as a
more traditional practice that insists on their staff wearing suits and shirts
and ties, " says Lloyd. "Generally speaking the legal profession is
over-stuffy, over-conceited, over-full of its own importance and tradition."
Nexus imposes no dress rules on its staff but the office's relaxed atmosphere
has never led to reprimands for inappropriate attire. "If you give people
the responsibility to decide for themselves what to wear they will be sensible
and intelligent about it," explains Lloyd. "We're not going to tell
people, for example that they must wear a pair of chinos with deck shoes and a
polo shirt, which is just another uniform that far too many people wear and it
just looks completely naff and 1980s."
A major benefit of the firms
jeans and comfy shoes approach is that staff feel comfortable at work, especially
in the summer when hot weather makes tie-wearing a form of corporate torture.
"It suits the type of firm we are," concludes Lloyd, "We're all
young-ish and casual clothes reflect the way we work with our clients. A lot of
people think unless they're putting a suit on they're not in a work mode. But
if you can't motivate yourself to work any other way than by putting on a suit
then it's a fairly sad state of affairs."
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Manchester Evening
News
19th March
Nexus solicitors has advised sports goods retailer
Streetwise Sports on its technical sponsorship deal with Oldham Athletic. The
deal, which covers the 2004/05 season, includes supplying playing and replica
kit under its Carlotti brand and other branding and promotional rights.
Oldham
Athletic was recently taken over by a group of US investors and has appointed
Brian Talbot, formerly of Rushden and Diamonds, as its new manager following Ian
Dowie's departure for Crystal Palace.
Entrepreneur, RED TAPE section
February
2004
"The Equal Opportunities Commission is set to crack down on
bosses who unfairly pay a better wage to men doing the same job as their female
counterparts.
The Commission revised its Code of Practice last December
after it was found that women working full-time earn on average 18 per cent less
than male counterparts, while women working part-time earn 40 per cent less an
hour than full-time male employees.
Employers now have an obligation to
check they are complying with the legislation and that their pay system is fair.
The Commission has an equal pay questionnaire which, if served on an employer,
must be completed in eight weeks. Failure to do so would not be looked upon favourably
by employment tribunals should any failure claim arise.
Employers are being
urged to review their pay systems to make sure they reward performance and competence
rather than gender."
Helen Morley, nexus solicitors
Legal 500 Regional Review - NW
(www.legal500.com)
Nexus Solicitors opened in Manchester in August 2000. The snappily branded
firm comprises a number of impressive individuals under a determinedly progressive
banner. The firm wins plaudits for its attention to detail, expertise and speed
of response.
Recommended in Corporate & Commercial
The
practice is owner-managed-focused and acts on transactions typically around the
£4m mark. The team also manages tax support and general commercial work.
Clients include Orapi SA, Streetwise Sports Company Ltd and MKD Holdings.
Manchester Evening News
23rd September
Like
litigation, employment law is to an extent recession-proof and it has been a growth
area for the region's law firms over the past 12 months. Indeed, as firms seek
to cut costs with redundancies and changes to working patterns, it often leads
to more work for employers. "Employers and employees will always need advice
on matters like contracts or disputes no matter what the prevailing economic circumstances.
Our employment department as been particularly busy this year and indications
are that this will be a growth area in 2003" says Nick Marshall, a partner
at Nexus Solicitors.
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nexus
has sponsored Alan Robinson, Financial Director of nexus client SMG Europe, as
he races his AHS Challenger in the Formula Vee Championships. Formula Vee is an
amateur racing sport using single-seater cars that can reach speeds of up to 140
mph on the racetrack. Alan has been racing for 8 years and last year he won the
'B Championship'. This year, with support from all at nexus, he will be aiming
his sights on the 'A Championship'
Entrepreneur
September 2003
How
To... Form a Relationship With a Competitor
There are rare occasions when
co-operation with a competitor is better than co-existence. Nick Marshall from
law firm nexus explains how to reach a suitable agreement.
If you are both working on similar projects, a pooling of resources
may expose each to less risk and accelerate the timetable. Or you
might both be considering entering a new market and a co-ordinated
approach may make it happen quicker and at shared expense.
· If you don't already know, find out who your opposite
number is within your competitor's business and arrange to meet them for exploratory
talks.
· If matters progress, you'll need to take advice to determine
the structure of the relationship be it a loose form of collaboration or a more
joint venture. The former is often popular among hi-tech firms working on a new
invention or development, whereas the latter is favoured by companies looking
to exploit a new market or territory - if the partner is in a different country
a formal structure can help avoid misunderstandings.
· Whatever
the arrangement, be wary of anti-competition laws. Make sure that your agreement
does not amount to an anti-competitive practice such as price fixing or the establishment
of a cartel.
Manchester Evening News
11th March
2003
Designs on United Star
Nick Marshall, a partner at Manchester
law firm, nexus, acted for Manchester United and England star Rio Ferdinand over
his 3 year, 6 figure contract to become the new face of Fashion Giant Ben Sherman.
Ferdinand will front an add campaign to coincide with the designer's 40th birthday.
Entrepreneur
October 2002
The Venture
Capitalist and The Lawyer Richard Lewis of North West Equity Fund and Nick Marshall
of Nexus offer an opinion on a business proposal by Wei Li Corporate Services
to market Chinese versions of traditional board games such as Scrabble and Trivial
Pursuit.
Legal 500 (www.legal500.com)
October 2002 nexus Solicitors commercial department which includes highly
rated Stephen Isherwood, enjoys a growing reputation in the local market.
Manchester Evening News September
10th Carrwood merges with Barker Pensions Carrwood Financial Planning,
part of the Ford Campbell chartered accountancy group, has merged with south Manchester
firm Barker Pensions and Investments to create a 28-strong outfit based in the
city. The new business, Carrwood Barker, advises individuals and firms on
investment, mortgage, healthcare, insurance and pensions issues. Addleshaw
Booth and Nexus Solicitors provided legal advice. North West Business Insider September
2002 Frederick's Dairies, the world's largest manufacturer of choc ices
and sole UK manufacturer of Cadbury's ice-creams, has appointed Manchester-based
law firm Nexus as a legal adviser. The solicitors will be carrying out commercial
work on behalf of the Skelmersdale company. North West Business Insider August
2002 There's still room for small firms to excel, especially those committed
to a partner-focused approach. Manchester's Nexus Solicitors is less than two
years old and already has more than 1,600 clients. Partner Des
O'Driscoll is enjoying the status as a respected niche practice: "When
clients pick up the phone they know they'll not be put through to an office junior.
We're all from established city firms and can offer the same experience at better
value for money". Entrepreneur Aug/Sept 2002 Getting
a trademark registered takes about eight months in the UK alone, says Nick Marshall,
IP Partner at Nexus in Manchester, and up to three years around the world; there
is no universal registration- the process must be gone through in every country. Entrepreneur Aug/Sept 2002 Manchester
solicitor Nexus has been appointed as a legal advisor to Frederick's Dairies,
the world's largest manufacturer of choc-ices and exclusive UK manufacturer of
Cadbury's ice-creams Manchester Evening News August 20th Ice
'n' easy does it... Nexus Solicitors licked its rivals to win the role as
legal adviser to choc-ice and Cadbury's ice-cream supplier maker Frederick's Dairies,
of Skelmersdale. The practice, based in Carlton House, Albert Square, Manchester,
will carry out commercial work. Manchester Evening News July 23rd Nexus
aids smooth running of Sportcity All eyes are on Manchester for the next Commonwealth
Games... and Nexus Solicitors has played its part to help ensure the event runs
smoothly. The Manchester firm advised venue management group SMG Europe
on the licensing and operations contracts for the Sportcity complex, at Eastlands,
which includes the Games Stadium. North West Business Insider Extract
from an article on Intellectual Property, June 2002. For celebrities, whether
in the sports or entertainment field, the issue of image or personality rights
is of growing importance and Beckham's is likely to be the first in a long line
of similar deals. It's a far from straight forward area however, made even more
murky by the fact that UK law does not specifically recognise the right of people
to protect their image. Nick Marshall, a partner at law firm Nexus, says: "Practically,
it is quite difficult to do here and the UK is pretty much out on its own in terms
of not really giving celebrities sufficient protection for their image rights.
Continental Europe protects people, the United States protects people, but the
UK has lagged behind in this respect." In the absence of specific
image protection, he explains that in order to protect one's image it is necessary
to have recourse to a bundle of other rights which can in some circumstances offer
protection, such as libel, slander, malicious falsehood, registration of trademarks,
use of the Advertising Standards Authority regulations and passing off. It is
the use of trade marks and the law of passing off which has commonly been used
by celebrities attempting to assert some degree of control over how their image
is used, but it has traditionally been a hard case to prove. The codified
nature of the legal system of many other European states explicitly includes the
right to protect one's image. The German constitution, for example, says that
everybody has the right to the free development of their personality and that
others should not do anything to harm it, which is interpreted as meaning that
you can't use someone else's image without their permission. A recent case in
the UK involving Formula One driver Eddy Irvine is perhaps the first step in a
recognition by the English courts that specific image rights do exist and merit
protection. Irvine brought a case against TalkSport radio, claiming that by using
a doctored photograph of him listening to TalkSport radio, the company was passing
it off as an endorsement of its service by Irvine. To the surprise of many, the
judge found in Irvine's favour, concluding that he did have the right to protect
his goodwill and prevent unlicensed appropriation of his image. "It
was a landmark decision," says Marshall. "It's
the first time that the courts have recognised that sports stars and celebrities
have what we term image rights and have been willing to afford them some protection
using the laws of passing off."
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Manchester Evening News 2 April 2002 Jet-set
Lawyer Stephen Isherwood is clocking up thousands of miles advising on deals across
the globe. Nexus
completed 26 deals last year. So far in 2002, a total of
four have been completed and seven are pending. North West Business Insider February
2002 The year was a positive one for newcomers Nexus solicitors. "This
was our first full year of trading. It was the completion of 26 corporate transactions,
the majority of these being buyouts with a mix of private funding and debt finance,"
says corporate and commercial partner Stephen Isherwood. In Brief January 2002 Jamie
Lloyd, corporate partner at Nexus, one of the largest new firms to open in
Manchester in the last eighteen months, agrees Manchester need not be a wallflower.
He believes that 'there isn't very much that couldn't be serviced in Manchester
these days.' 
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