Director Penalty Notice – things to know and watch out for
Many directors of companies operate on the assumption that by running their business through a corporate structure they are personally protected from company debt...
Commercial Dispute Resolution
Scott v Avery Clauses
It is important when you enter into an agreement or contract that you understand the process for resolving disputes in that agreement. With the recent shift tow...
Whose Prejudice is it anyway?
What is the meaning of the words “without prejudice”? I think they mean without prejudice to the position of the writer of the letter if the terms he proposes...
Meaning of Debt in an Insolvency Context
In general terms, a company or person is viewed as being ‘insolvent’ when they are unable to pay all of their debts. This is specifically addressed under sect...
The Importance of Vendor Warranties
In most business sales, the humble vendor warranty is often overlooked and understated in its value to the purchaser. This is despite the significant consequences...
Loss of Enjoyment and Damages
Can builders be liable for damages to homeowner’s loss of enjoyment of their home? How do we quantify that amount? The principles governing breaches of building...