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Latest Legal News

Latest Legal News

That Was Never A Penalty!

Stuart Murdoch

As a matter of policy, the law does not allow parties to penalise each other for a breach of contract: penalty clauses are unenforceable.  Instead, clauses governing the remedies available as a result of a breach should be remedial i.e. fair compensation.  In recent years, the test frequently applied by the courts to identify penalties was whether or not the level of damages agreed was a “genuine pre-estimate of the loss” which would be suffered by the innocent party as a result of a breach by the other party.  If not, it was an unenforceable penalty.

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LChalmers

Protecting The Family Silver

It says a lot about the values of business families that they focus so much on doing what is right for their business, employees and communities that they sometimes overlook protecting their own interests and the value they have worked hard to grow.

Often prudence leads to the family business owning property assets used by the company. This, of course, means that ultimately the property asset is “at risk” if, god forbid, there is a trading issue or the business encounters difficulties.

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LChalmers

Up Periscope

The closest thing to teleportation” - that’s how I have heard Twitter’s live video streaming app Periscope described.  If you haven’t tried it yet, picture the scene.  A close friend of mine recently completed a charity cycle – 1,700 miles on a tandem from Africa to Yorkshire.  The challenge brought home that “Africa is on our doorstep”, raising over £50,000 to help build a primary school in Kenya.  I felt as though I was there with the cyclists along the way by following them on Periscope.  I downloaded the app and linked it to my Twitter account.  T

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LChalmers