Tim Whiston’s Post

Where there is an agreement – namely a binding contract - to settle a commercial dispute this may take many forms. Including an exchange of letters or emails, a formally drafted settlement agreement or a court order (where settlement terms are approved by a judge). The approach you take will depend on the scenario faced and, as with any contract, it is the substance not the form which is most important. This article by Dan Scarrott and Alistair Stewart from Loney Stewart Holland LLP highlights some of the areas to consider to maximise your chances of a lasting and satisfactory conclusion. https://lnkd.in/ecyGCriU #commercialdisputes #settlementagreements #litigation

Bill C-59 has received royal assent. This is a game changer for Canadian competition law, with lots of implications for business to consider. From my perspective, one of the most interesting parts is the new quasi-class action structure it creates for enforcing certain provisions of the Competition Act. While the intention is laudable, it remains unclear to me whether the new regime will be successful in achieving its goals, in light of the particular design choices Parliament made. I previously wrote about this here: https://lnkd.in/gPx9_hZs

Check out the latest update on the newly enacted DIFC Security Law and how it impacts both currrent and future transactions. Alexander Tombak Yaroslav Smorodin Tomisin Mosuro Alexey Pashinskiy #wearemorganlewis #finance #DIFC #DIFCsecuritylaw

Do you know what will be the consequence of not paying the stamp duty in a document? For an instance, if you execute the agreement without paying the stamp duty, is the same legally binding between the Parties? Yes, the agreement is though binding however it will not be admissible in the court of law unless the proper stamp duty is being paid. It is however to be make note of here that if the stamp duty is not paid on time (that is at the time of execution of contract) in such case if the same is presented before Court, court will have authority to levy penalty equivalent to 10 times of the fee of stamp duty. #law #stampduty #lawyer #corporate #legalright #lawfirm #InternationalFinance #FEMA #NRIWealthManagement #CurrencyRegulations #NRIAccounts #FinancialLiteracy #FEMA #NRIFinance #GlobalBusiness

Are you aware of the protections Section 53A offers under the Indian Contract Act? 🏛️ This pivotal legal provision safeguards possession in property agreements, but only under specific conditions. 👉 Dive into our latest blog to explore: ✅ The scope and applicability of Section 53A ✅ Essential conditions for its invocation ✅ How it influences property disputes Equip yourself with the knowledge to make informed decisions! 💼 📖 Read now: https://lnkd.in/gi8WwqJu #LegalKnowledge #Section53A #PropertyLaw #LegalConsultation #LegalKart

Important Judgment:  Valuation based on relevant material requires no interference | Dues not included in Resolution Plan are extinguished post approval | IBC provisions override SEZ Act and Rules – Supreme Court  Coram: Mr. Justice Abhay Shreeniwas Oka and Mr. Justice Augustine George Masih Case Citation: (2024) ibclaw.in 286 SC In this judgment, the Hon’ble Supreme Court clarifies following issues: A. Valuation does not call for any interference if it is based on relevant material on record. B. All the dues is not the part of the Resolution Plan shall stand extinguished and no proceedings could be pressed into service or continues. C. Claims pertaining to the transfer fees, etc. were not to be interfered with by courts or tribunals as the same stood related to the commercial wisdom of the CoC. D. Does provision of IBC override Special Economic Zone Act and Rules? https://lnkd.in/gw3NwjMz Subscribe now and get access of case laws summaries with extra search features: https://lnkd.in/fkpcwfa

Under the provisions of the Commercial Law, penalty for a breach means that the breaching party must pay a sum of money to the aggrieved party due to the breach of the violating party if the parties agree in the contract on the fine for a breach. Thus, the penalty for a breach only arises when there is a breach of the contract by the violating party and the parties have agreed on the penalty. #Commercialcontract

#RoseLawGroup partner and corporate transactions director Shruti Gurudanti says businesses should proactively comply with CTA requirements by Jan 1, 2025, despite court appeals. Read more: https://bit.ly/49y8Ai2 #CorporateLaw #BusinessNews #LegalTeam

Financial experts are often called on to help clients determine economic damages in commercial litigation. In a recent damages-only trial for a quantum meruit case, the court tackled a slew of motions aimed at limiting the testimony of opposing damages experts. This article summarizes the court’s rulings, which shed valuable light on how attorneys and experts should approach such cases. https://hubs.ly/Q02SdSy90

The National Company Law Appellate Tribunal ruled that decisions by the Committee of Creditors are not open to judicial review. It emphasized the importance of timely resolution of stressed assets under the IBC. The court allowed liquidation due to the delay and non-acceptance of the resolution plan by the successful applicant after the expiry of the 330-day limit. Read more at: https://lnkd.in/gMVdxW32 #ETLegalWorld