Once Known Never Forgotten
When a Trust comes to an end the Trustees have to pay off creditors and their own administration costs and thereafter pay any assets to the beneficiaries according to the terms of the Trust.
However there can be situations when Trustees are not aware of beneficiaries and/or creditors. In order [...]
Apple sues mobile phone giant HTC over iPhone patents
Apple is suing Taiwanese mobile phone manufacturer HTC, claiming it has infringed 20 patents relating to “the iPhone’s user interface, underlying architecture and hardware”.
The key element believed to have triggered the lawsuit is that HTC released handsets in February which used ‘pinch to zoom’ functionality resembling that [...]
The Duty to Mitigate
The Court of Appeal recently considered an innocent party’s duty to mitigate its loss and confirmed that it was for a party in breach of contract to demonstrate that there has been a failure to mitigate but that the duty to mitigate was not a demanding one.
Lombard North Central Plc [...]
Disputed Debts – Can the Debtor Company be Wound Up?
It is a legal truism a Winding Up Petition will be dismissed if there is a genuine dispute between a debtor and the petitioning creditor.
However there is Case Law that confirms that the Court does have discretion in exceptional circumstances to place a company [...]
Readers may have noted the case of Dr Christine Gill v The RSPCA and others in the news towards the latter part of 2009, as the High Court have now released the transcript of the case we are able to better understand as to why RSPCA were unsuccessful in their Defence of Dr Gill’s claim.
In [...]