Have you ever been in a situation where a friend borrowed something from you, but you never got it back? Or have you had your property used by others, as if it belongs to them? Or even worse, that you were deprived of being able to enjoy your own property by another person?
Category: Commercial Disputes
“When Will My Reflection Show Who I am Inside?” – Reflective Loss in a Shareholder Context
As with many unexpected coincidences in life, Fa Mulan’s famous question above is also asked by shareholders when they suffer a diminution in their shareholding. In the premises, will their loss be “reflected” in the sense that they cannot claim for the losses suffered by the company? Or will their reflection show what their losses are inside?
Derivative Action in A Deadlock Company
The proper Plaintiff rule is founded on the fundamental principle that a company is a legal entity that is separate and distinct from its members. Therefore, where a cause of action is vested in the company, it is the company alone that can sue.
Bounced Cheques: What are the Legal Ramifications and Legal Recourse Available?
This article will discuss both the legal consequences and/or legal remedies available in a bounced cheque situation as well as seeks to provide some tips on how to avoid such situation.
Scheme of Arrangement: Classifying Creditors
A scheme of arrangement (“SOA”) is one of the corporate rescue mechanisms provided for under the Companies Act, 2016 (“CA 2016”) wherein, essentially, the company enters into a binding agreement with its creditors to restructure its debt with them.
Stopping a Disputed Winding Up – Fortuna Injunctions
A company which fails to its debts when they fall due could be wound up by its creditors. Usually, this process beings when the company is served a notice of demand pursuant to Section 466 of the Companies Act 2016…
Received A Dishonoured Or Bounced Cheque? Here’s What You Need To Know
When cheques are issued to you, there will always be a risk of that cheque being dishonoured by the drawer of the bill. And that is regardless of whether you are dealing with a bank or even a long-time friend.
A Checklist for Consumers: Preparing a Court Case with Receipts?!
Did you know that when you file a claim in court, you (as the plaintiff) are not only expected to prove the defendant’s liability, but to also prove the losses suffered due to the defendant’s actions or conduct?
Disputes In A World Of Consumerism: Tribunal For Consumer Claims
In this article, let’s discuss the other side of consumerism where consumers are equipped with the knowledge of their rights and seek to protect themselves from unscrupulous suppliers or manufacturers.
Is Proclamation of Emergency the Death of Commercial Contracts?
There are generally two matters to be looked into when determining whether a mere proclamation of emergency affects the performance of a contract, (i) the contractual provisions, and (ii) the legal doctrine of frustration.