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Luckily for us, the Jordan “Wolf of Wall Street” Belforts of this world are extreme outliers. Consistently successful entrepreneurs aren’t reckless gamblers. But neither do they avoid risk altogether. Rather, they get to where they are by being good at calculating risks – recognising them as much as opportunities as they  are threats.

The capacity to skillfully demonstrate this ability appears to be especially important given the state of the world in which we currently find ourselves. Countries are still emerging from the calamity of a global pandemic, and the economic headwinds it set in motion. Climate change is now regularly manifesting itself with devastating impacts. Artificial intelligence has been thrust into the mainstream – with experts warning of serious consequences.

In light of these enormous disruptions, we wanted to better understand how entrepreneurs are approaching various questions related to risk. To do so, we polled a sample of founders from across the United Kingdom, representing a wide variety of sectors – and in this report, we reveal what we discovered.

Foreword

Risk is central to most stories in business. From Jeff Bezos believing Amazon had a 30% shot at success, to Richard Branson launching Virgin during a recession, many successful enterprises were founded in inauspicious circumstances, but managed the risks and came out on top.

Ed Turner

Chair, Mishcon Future

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Our survey results suggest that the Government's proposals are not well targeted in achieving their underlying objectives – namely boosting innovation and promoting flexibility within the labour market to support the UK's economic recovery from the impact of COVID-19. This consultation is highly relevant to our employer clients: 90% of the respondents to our survey use, or have used, non-competes in their contracts of employment.

As practitioners, we consider that the Government's premise for this consultation only addresses one perspective: that of the entrepreneur setting up a new business.

Encouraging innovation is important, but without restrictive covenants, how can those entrepreneurs protect what they have created when they themselves become employers? In many industries, restrictive covenants are an essential tool for the preservation of a business' commercial viability. Less than five years ago, the Government had concluded no action was necessary on restrictive covenants following a 2016 Call for Evidence. At the time the Government concluded that restrictive covenants were a "valuable and necessary tool" and "do not unfairly impact on an individual’s ability to find other work.” We have seen no evidence that the pandemic has changed this, and our clients agree.

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We asked our clients for their views on the Government's proposal to either (i) ban non-competes or (ii) require employers to pay employees for non-competes.

We asked our clients for their views on the Government's proposal to either (i) ban non-competes or (ii) require employers to pay employees for non-competes.

The use of UAVs is now commonplace in the real estate, construction, infrastructure, planning and agriculture industries, and is an increasingly valuable tool for inspection, rescue and emergency services. It is used in journalism, insurance, security and marketing and, in certain parts of the world, it is already a much-used delivery system of everything from medical supplies to food and small electronic goods. All of this in addition to the extensive use of UAVs within the military and defence industries. After a decade of relatively muted investment activity, improved technologies, expanding applications and signs of a more facilitative regulatory framework mean that the UK drone industry is poised for significant investment over the coming years. 

Introduction

The mass provision of goods and services, the proliferation of online delivery channels and the advance of big data make commercial mistakes on an industrial scale ever more likely. Damage to thousands or even millions of people means group actions are on the rise.

According to owners of larger businesses, relying on external help for effective corporate governance is also common, with 68% of them reporting getting help for it 'always' or 'often', compared to just 39% of entrepreneurs running smaller businesses. However, this doesn't mean that the smaller businesses don't look for help on this issue - as 43% say that they 'sometimes' bring in external support to ensure corporate governance.

For owners of smaller businesses, handling disputes or conflicts is typically something that they deal with on their own, with 31% of them saying that they either 'never' or only 'rarely' rely on external help. Only 6% of entrepreneurs running larger businesses, meanwhile, say the same.

Founder’s Handbook

Creating and setting up a new business should be not only an exciting journey, but also a successful one. To assist with this, our Emerging Companies team has developed our Founder's Handbook, designed to provide practical guidance for those embarking on this business journey.

View handbook

 

Risk Readiness Report image

Risk Readiness Report

As part of our research in developing Mishcon Future and to support our goal to shape a better world through innovation, we surveyed more than 500 founders of businesses with annual revenues ranging from under £100,000 to more than £500 million.

View report

Landing in the UK

The UK, with its flexible labour markets, competitive tax rates, and top-tier talent, is a prime location for business expansion. Our guide covers essential topics like optimal business structures and compliance with various laws.

View guide

Chart 2: To what extent are you risk averse or risk tolerant with regards to running  your business?

To what extent are you risk averse or risk tolerant with regards to running your business?

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For the Unitary Patent/UPC project to commence, 13 Member States (including certain mandatory ratifying Member States) must ratify the UPC Agreement. Germany, the remaining mandatory ratifying Member State, is yet to ratify. The project is currently in the Provisional Application Phase (PAP) during which the final preparatory steps for getting the UPC ready to operate (including judicial recruitment and training) are taking place. Once it is satisfied that the relevant preparatory work to the UPC has been completed (or is perhaps imminently complete), Germany is expected to deposit its instrument of ratification with the Secretariat of the European Council. The UPC Agreement will then enter into force, and the UPC will ‘open its doors for business’ on the first day of the fourth month following that deposit.

Whilst an early 2023 start date remains ambitious, progress during the PAP should be monitored closely. As explained in more detail below (see Opting out of the UPC), patentees and other interested parties should be considering now the approach they plan to take in relation to existing and future classic European Patents, as well as their patent protection and enforcement strategies in light of the new regime.

David Rose

A.N.Other

Partner, Head of Patents

a.n.other@mishcon.com
+44 20 3321 6331