The perils of loud letters of demand
A creditor being paid its debt following a letter of demand can be a Pyrrhic victory, if the debtor ends up in insolvency and the liquidator or trustee demands the payment back from the creditor as an unfair preference. The liquidator or trustee has to show that the creditor reasonably suspected that the debtor was […]
The Internationalisation of Directors’ Duties – Melbourne seminar – 30 July 2018
Directors of companies that trade overseas, and directors of subsidiaries of overseas companies, may have duties imposed upon them by foreign law and be subject to the jurisdiction of foreign courts, especially where the companies are approaching insolvency. Legal advisers have to be aware of the potential for those liabilities to arise and have to […]