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Articles by Fiona Beal
Local Government Academy - Signing documents electronically - what do you need to know?
Click here to watch the video In this webinar we will look at: what an e-signature is; the different types of e-signature; when it is ok to use an e-signature; which type of e-signature to use – when does it matter; how a local authority signs using an e-signature; quick demo of e-signature using an e-signature platform; and tips and recommendations for implementing e-signature in your organisation.
Death of a sole shareholder and director - what can a company do?
It is commonplace for a private limited company to have a sole director who is also the sole shareholder. However, problems can arise if a succession plan is not in place to prepare for the company’s future following the death of this sole director shareholder. For example, often it is only a director who can authorise payments from the bank account.
How do you execute contracts in counterpart in Scotland? | Lexology
In today’s world of electronic communication, many contracts are negotiated without the parties concerned ever meeting face to face. But what about when it comes to signing the contract? The olden days In Scotland, traditionally, either: all the parties had to be present in the same location to sign the contract; or there was a “round robin” exercise whereby multiple copies of the principal contract would be posted from one party to the next to get signed.
Clawback clause not void despite lack of detail | Lexology
A recent Court of Appeal decision illustrates how keen courts are to give effect and meaning to contractual clauses if possible, even where there’s a lot of detail missing. F was a financial adviser. He became a franchisee of Openwork under which he would sell investment products to clients, and receive commission from Openwork. The agreement between F and Openwork contained a clawback clause.
The consequences of excluding consequential loss | blogs
Most commercial contracts contain provisions limiting liability or excluding certain categories of liability for breach of contract.  More often than not, you will find one or both parties seeking to exclude liability for “consequential loss”. Time and time again, in breach of contract cases, the courts have to decide what exactly the parties meant by that phrase. Was the loss that was suffered a consequential loss and therefore not recoverable by the innocent party?
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