bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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BTO produces blogs on a regular basis.  Please search for the topics of interest to you.

25 articles found.

Page 1 of 5

Beware the Scorned Director: Assignation of Claims in Insolvency

11 May 2022

The recent Court of Appeal decision in Lock v Stanley has provided some comfort to Insolvency Practitioners and litigation funders in relation to potential challenges to assignations of claims, as well as highlighting some practical steps which should be taken to mitigate risks.

Interpretation of Commercial Contracts: Whither Commercial Common Sense?

22 April 2022

Most solicitors will at some stage have heard a client declaring the law (or the judge) to be an ass and decrying the general failure of the legal system to apply the concept of “common sense” when interpreting a contract. The underlying purpose of contractual interpretation is to give effect, so far as the legal system can do so, to the intention of the parties. It is their autonomous agreement which makes the contract binding and determines its interpretation. In theory, it is the courts’ role to maintain that notional contractual freedom of the parties by preserving “a bargain” that they themselves negotiated and in order to do so, judges are required to deploy the most appropriate interpretative methodology.

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  • Glasgow
  • G2 5HS
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  • Edinburgh
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