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Legal Know How

How to write a first class dissertation: Chapter 2: Concluding

November 2, 2010 Academia

A certain English teacher, Sandra MacCallum, at Kyle Academy once taught that, sometimes, “you’ve got to put your foot into the icy water”. Don’t be afraid to come to powerful conclusions.

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How to Dominate the Internet: Book One: Protect Your Brand: Chapter 3 of 10: Trade Marks

August 20, 2010 Intellectual Property

If you take one thing away from this, it should be this practical but general word of advice:

If your business and its model are analogous to another successful and well-protected business and if your brand name is unique, not in the dictionary, not an industry word and not confusingly similar to another business, then take inspiration from the trade mark applications of that other successful business, but do consider every application on its own merits; and

If you are in any doubt about trade mark registrability, research further or seek professional advice from a lawyer, brand protector or trade mark agent. In WardblawG’s experience, trade mark agents are most useful when registrability of your brand as a trade mark is clearly problematic, when you need to overcome objections or field queries from an examiner, or when you have a large portfolio of trade marks to register and maintain.

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Walls takes Santander and its Bank Charges Case to the ECtHR under Article 6 ECHR: the Right to a Fair Trial

July 23, 2010 Banking and Finance

WardblawG supports the ECtHR move in its entirety and wishes Ms Allison Walls the best of luck. May Justitia swing her sword in her favour.

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My Bank Charges Saga: Part Two (The End)

July 22, 2010 Banking and Finance

Good news! I have been charged only £5.00 for going 70p into the red. Perhaps fair because the bank was paying its own cash to cover the unauthorised overdraft.

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Reclaiming Bank Charges in the Tenties: Santander Demolishes Walls

July 15, 2010 Banking and Finance

Comment

In the author’s personal opinion, it is time for the courts and, perhaps, government to stop sitting on the fence with legal argument that lends itself to squeaky clean judges’ desks. It is quite clear that the public has noted its concern. They realise, (or at least should realise by now!), that banks are businesses unlike any other. And, while the banks might enjoy the benefits of having large capital reserves, somewhat questionable following the recession, the Scottish and, indeed, the British public expect them to be treated as such in the legal systems of the UK. This effective immunity from suit should seriously be reconsidered and, the author hopes, soon.

How to Claim despite Walls being breached

Consumers may be best advised to take the recent shock wave of Allison Walls v Santander with a pinch of salt: there are certain steps, including those from moneysavingexpert.com, which are still worth considering:-

1. Send a style letter and send to the bank;
2. If unsuccessful and the bank continues to charge, send a different style letter to the Financial Ombudsman;
3. If still unsuccessful, consult a reputable solicitor and take the bank to court, but be prepared for considerable legal expenses and long, drawn out proceedings.

Banks would be best advised not to get complacent: a battle may have been won; but the war, most certainly, is not over.

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