The recent case of Martin v McLaren Construction Ltd  EWHC 2059
(Ch) is a reminder that before taking recovery action, steps should always be taken to ensure monies have fallen due.
Thomas Bond explains in Solicitors Journal that care should be taken when drafting commercial terms. Thought should be given to those terms and to complying with them before any steps are taken to recover payment.
In demand is free to read via pdf.
Thomas is a senior associate in the insolvency litigation team.
Thomas deals with corporate insolvency and personal bankruptcy matters. He acts for insolvency practitioners, company directors, shareholders and investors, creditors and those facing financial distress. His work for insolvency practitioners includes acting for trustees in bankruptcy, maximising the return to creditors by investigating the bankrupt’s financial affairs and pursuing and realising assets which belong to the bankruptcy estate.