If you spend days, weeks or months negotiating a deal, and the deal is subsequently reduced to writing and signed, are the negotiations which took place prior to the agreement being signed relevant in determining…
When someone close to you dies, the last thing on your mind is usually what you stand to gain from the person’s will. But if you have been left out of the will or the…
TRANSFIELD SHIPPING INC v MERCATOR SHIPPING INC INTRODUCTION The House of Lords decision in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] 4 All ER 159 (the Transfield decision) is significant for two…
By Steve McAuley – Australian Insolvency Journal – April > June 2010 The one size fits all approach of the current legislative regime which only enables a bankrupt to be discharged three years from when…
The late return of a charter ship to its UK owner has caused a major upheaval in the way breach of contract losses are assessed in Australia and other parts of the world. Recovering losses…
In difficult economic times, many individuals and companies want to get out of contracts they have signed – particularly contracts that run for months and years. But how do you get out of a contract…
In an increasingly borderless and multijurisdictional international business environment, parties seek certainty and predictability in the resolution of cross-border commercial disputes. The legal risk associated with doing business on a multinational level must be kept to a…