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Commencing proceedings against liquidators in a compulsory liquidation – Is leave of court required?

April 09, 2024

A liquidator of an insolvent company is required to amongst others, wind up the affairs of the company, realise and distribute its assets and examine the circumstances which precipitated the liquidation. In the discharge of these duties, the actions ...

Proof of Debt and the Issues Surrounding

April 01, 2024

A Proof of Debt (POD) is a document setting out particulars of a debt owed to a creditor by a company on liquidation. This document is essential to ensure that the creditor is able to claim what they are owed. This is to be done by submitting to the ...

Request for EOT to file Defence: Precludes you from seeking a stay under s.10 Arbitration Act?

March 22, 2024

Does a request for an extension of time to filea Defence in a civil suit amount to “taking a step in the proceedings”, thus precluding the defendant from relying on Section 10 of the AA 2005 to stay the proceedings and refer the matter to arbitra...

Pre-Action Discovery: Can You Obtain Information Prior to Filing a Suit?

March 08, 2024

When faced with online fraud, what are the options available to you to seek and obtain information on the identity of the fraudsters? This article discusses a few options available to you, specifically on pre-action discovery.

To arbitrate or litigate - a review of dispute resolution clauses

March 04, 2024

In contemporary commercial contracts, arbitration clauses have become commonplace. These clauses typically outline that any disputes must be resolved through arbitration rather than traditional court litigation. Yet, a critical question emerges: Does...

Failure to consider responses after an adjudication reply – A Breach of Natural Justice?

October 09, 2023

Does a failure to consider further submissions after the filing of the Adjudication Reply amount to a breach of natural justice, thus rendering an adjudication decision liable to be set aside under S.15(b) of CIPAA 2012.