With the fragile state of the economy, late payments for the supply of goods and services remain a big problem, especially for smaller businesses. According to a report from payment company ‘Bacs’ at the end of 2011, small and medium-sized businesses in the UK have an incredible £33.6 billion in outstanding invoices. This is an increase of 10% from 2010. Unfortunately and unsurprisingly it is the larger companies who are the worst culprits.

David Murray, a lawyer and insolvency specialist discusses the impact of the continuing harsh economic conditions on high street retailers.

Where an Insolvency Administration Order is granted over a deceased’s estate, it is often viewed as an estate that is unlikely to return any significant value to creditors. This bulletin highlights the opportunity to improve realisations in an insolvent deceased’s estate by avoiding the effects of ‘survivorship’ on property owned as joint tenants.

A retention of title clause represents contractual protection used by a supplier of goods to protect themselves against the buyer’s default on payment or the buyer’s insolvency.

Further to the briefing provided in March 2011, this article provides an update on the case of C v D which went to the Court of Appeal in May 2011 and discusses the costs consequences of Part 36 and the new amendment to CPR 36.

The final edition of the News of the World has left the Printing Press, but the scandal that precipitated the closure continues apace and raises a number of interesting legal questions.

The principle of ‘open justice’ comes into play in public hearings and allows those who are not a party to proceedings (for example the press or a competitor to your business) to access certain documents on the court file, namely any judgements or orders made in public and any statements of case (“the Permitted Documents”).

A refreshingly different approach to litigation.