Legal developments, case notes and commentary from Ninety Two Chambers.
Legal commentary arranged by practice, with dated publication information and references for further research.
PUBLICATION STANDARDS & SOURCESAn insured business may suffer a substantial loss and believe payment is assured because the relevant event appears in the policy's headline description. Insurance recovery turns on the operative wording, exclusions, warranties, notification duties and evidence of the actual.
A private company seeking growth capital may describe its fundraising as an invitation to a small group of sophisticated investors. The legal character of the offering depends on the instrument, manner of solicitation and applicable securities framework, not only on the label 'private'. A fundraising.
A founder may create the prototype, register the domain and write the first version of an application's code long before the company is incorporated. When investors acquire shares in the company, they need to know whether those assets actually belong to it. Use of an asset by a company is not the same as.
A software company may own servers, employ developers and sell subscriptions without legally owning the code on which its product depends. The commercial assumption that payment for development transfers intellectual property is particularly dangerous in outsourced projects. Ownership must be established.
A company may possess a signed contract, unpaid invoices and correspondence acknowledging delivery yet still fail in a recovery action. Debt litigation turns on the cause of action actually pleaded, evidence of the amount due, limitation, the proper defendant and whether the claimant can establish.
A purchaser may deduct withholding tax from an invoice while the supplier insists the full contractual amount is payable. Both may cite legal obligations in support of their position. The dispute is resolved only by examining the tax statute, the character of the payment and the contract's allocation of tax.