As insolvency practitioners (IPs) it is not unusual to have to consider the terms of a particular contract, whether that is enforcing the terms of that for the insolvent entity or considering the rights of the third party as against the company, and in some cases, it is necessary for IPs to enter into a contract themsleves.

This blog from our colleagues in IP & Technology highlights how easy it can be to (inadvertently) create a legally binding contract – in this case by WhatsApp – standing as a reminder to IPs that exchanges of messages could be relevant when considering a third party contract, but also that care should be taken when exchanging messages so as not to create a binding contract when not intended.