Articles by ‘Milan Kapadia’

Opinion  |  13:10:21

The High Court has recently considered the interesting question of whether a 400% increase in the interest rate applicable under a loan agreement after the loan redemption date had passed, constituted an unacceptable penalty and should therefore be struck down.

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Opinion  |  04:11:20

Many of us in these difficult times are working from home and conducting business through our computer screen. This business will often involve the creation, variation, and termination of contracts and many other transactions besides, often of considerable importance and value. I was recently asked whether ‘electronic signatures’ have the same legal effect as traditional ‘wet signatures’?

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post  |  29:06:20

We successfully secured summary judgment for over US$ 17 million and an award of indemnity costs in a hard-fought application which involved several issues where the parties argued over service under the Hague Convention of 1965 and what the correct position to adopt was in the light of several related documents as part of a wider suite of commercial agreements each with differing jurisdiction and dispute resolution clauses.

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Opinion  |  19:06:20

In a recent decision (Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25) the Supreme Court has held that an insolvent company retains the right to refer a dispute to adjudication, and only in ‘very exceptional circumstances’ should the court restrain the exercise of that right.

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post  |  13:03:20

While the headlines in 2019 were predominantly occupied by the “B” word, it is clear that we are set for further uncertainty in 2020 due to the current outbreak of the coronavirus, or COVID-19.

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