James Carpenter, Author at Taylor Walton

Contentious Probate – Share of a parents estate

“A son can bear with equanimity the loss of his father, but the loss of his inheritance may drive him to despair.” Niccolo Machiavelli That a person can gift their estate in a Will to whomever they wish is an assumption many make and to some extent that is true. While other countries have laws…

Is it now more acceptable to use insolvency proceedings as a method of debt collection?

It is generally understood that as Insolvency proceedings (Winding Up Petitions or Bankruptcy Petitions) are summary processes. They are appropriate for use against an insolvent debtor and are not to be used as a method of resolving disputes over debts. However, the recent case of Sell Your Car With Us Ltd v Sareen 2019 indicates…

Entire Agreement Clauses

What are Entire Agreement Clauses? Entire Agreement clauses will feature in most if not all drafted contracts. They are often described as a boilerplate clause and rarely are they subject to much, if any, scrutiny at the drafting stage. The intention and purpose behind Entire Agreement clauses is to restrict or limit (insofar as the law allows)…