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Contractual Discretion

The recent Court of Appeal decision in Socimer International Bank Limited v Standard Bank London Limited (2008) EWCA Civ 116 provides some helpful guidance on the extent of a party’s discretion when the contract was silent on the issue. This case concerned a portfolio of forward sales of securities that Socimer had bought from Standard […]

Statutory Demands

When to use and when to hold back. In the 2007 case of Collier v P& M.J. Wright (Holdings) Limited the Court of Appeal discussed the circumstances in which it is appropriate to issue a statutory demand, and those circumstances in which there is sufficient doubt or dispute concerning a debt to render the attempted […]