from the Inner Temple Library
“A customer’s decision to terminate a contract and then to use that contract’s remedies to recover money did not prevent that company also suing for common law damages over a supplier’s failure to fulfil the contract, the Court of Appeal has ruled.”
OUT-LAW.com, 19th February 2009
Source: www.out-law.com
“Justice Minister Lord Bach has made a statement announcing the UK’s participation in the European Community regulation on the law applicable to contractual obligations (Rome I).”
Ministry of Justice, 22nd January 2009
Source: www.justice.gov.uk
Allianz Insurance Co – Egypt v Aigaion Insurance Co SA
Court of Appeal
“In the context of a reinsurance contract, where a gap opened up between what had been previously quoted and agreed and what had been defined on the slip as the determinative contract, an e-mail reply by the defendant reinsurer’s representative was to be construed as an acceptance, which gave priority to the slip, rather than a counter-offer, which would have given priority to previous stipulations.”
The Times, 20th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A client’s signature on one document cannot be transferred to another and taken as approval of that second document, the High Court has said. Lawyers must ensure that the formalities of deeds and contracts are observed, said the Court’s ruling.”
OUT-LAW.com, 19th December 2008
Source: www.out-law.com
“Bath and North East Somerset Council is to sue a building firm for £21m after a luxury spa opened five years late.”
BBC News, 15th December 2008
Source: www.bbc.co.uk
“Michael Jackson’s planned appearance in a London courtroom to fight claims that he owes an Arab sheikh nearly £5 million was cancelled last night after the sides struck an eleventh hour deal.”
The Times, 24th November 2008
Source: www.timesonline.co.uk
“London’s High Court will play host to a superstar next week when Michael Jackson testifies in person to contest a claim that he owes millions of pounds to an Arab sheikh.”
The Times, 20th November 2008
Source: www.timesonline.co.uk
“The award-winning designer of the troubled B of the Bang sculpture has agreed to pay back £1.7 million of taxpayers’ money.”
Daily Telegraph, 18th November 2008
Source: www.telegraph.co.uk
“A contract based on a mistake by one of the parties can be valid even if the other party to the contract is aware of the error, the High Court has ruled. The case concerned mistakes that did not form terms of the contract.”
OUT-LAW.com, 11th November 2008
Source: www.out-law.com
“Where a professional indemnity insurance policy required the insured to notify to the insurers of any potential claims against the insured ‘as soon as practicable’ the insured could satisfy the policy requirement if he made an attempted notification of circumstances which might give rise to a claim for professional negligence, which was understood by the underwriters to be such and which was made within the insured period. However, a notification served after the policy had expired relating to new potential claims was not an effective notification.”
WLR Daily, 6th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A man has been awarded £79,000 after his home, which he rented out for a film starring Bond actor Daniel Craig, was damaged by a production company.”
BBC News, 28th October 2008
Source: www.bbc.co.uk
“A High Court legal fight has begun between world champ boxer Joe Calzaghe and his former manager Frank Warren.”
BBC News, 24th October 2008
Source: www.bbc.co.uk
“The Welsh Rugby Union has won a High Court battle with Wales’ four regions over the player-release row.”
BBC News, 24th October 2008
Source: www.bbc.co.uk
“A transsexual truck driver who was forced out of her job when she started dressing as a woman has been awarded more than £20,000 in compensation.”
Daily Telegraph, 21st October 2008
Source: www.telegraph.co.uk
“The inventor of a car door latch was not entitled to walk away from a commercial agreement in the way that he did, the High Court has ruled. The terms of the deal had been broken at one point, but not when the inventor ended the agreement, the court said.”
OUT-LAW.com, 20th October 2008
Source: www.out-law.com
“On 13 October 2008, the Law Commissions published a summary of responses on business insurance reform.”
Law Commission, 13th October 2008
Source: www.lawcom.gov.uk
Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc)
Court of Appeal
“A mortgage lender who instructed a surveyor to value a property as security, was entitled to damages from the surveyor for the losses suffered after the borrower defaulted on the loan, and it was discovered that the wrong property had been valued in breach of an unqualified obligation to inspect the particular property.”
The Times, 6th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.
“A judge has hit out at the participants involved in a four-year dispute over the construction of Wembley Stadium after they racked up £22m in costs, including £1m on photocopying.”
The Lawyer, 6th October 2008
Source: www.thelawyer.com
“Consumers will be allowed to cancel contracts signed with door-to-door salesmen even when they have requested the visit to their home or office, under new Regulations that come into force in October.”
OUT-LAW.com, 17th September 2008
Source: www.out-law.com
“A hairdresser has said she hopes to appeal after a convicted rapist sued her from jail when she cleared out the flat he rented above one of her salons.”
BBC News, 9th September 2008
Source: www.bbc.co.uk
Cobbe v Yeoman’s Row Management Ltd and Another
House of Lords
“Where the claimant had entered into an oral agreement with defendants in connection with the redevelopment of their property, their unconscionable behaviour in withdrawing from the agreement once planning permission for the redevelopment had been obtained did not result in a proprietary estoppel or a constructive trust in favour of the claimant.”
The Times, 8th September 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only availabe free on Times online for 21 days from the date of publication.
“A county court judge has awarded a disgruntled Fasthosts customer almost £1,500 in damages and costs, after the Gloucester firm failed to meet its uptime and customer service guarantees.”
OUT-LAW.com, 3rd September 2008
Source: www.out-law.com
Cobbe v Yeoman’s Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293
“A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money and services which he had provided.”
WLR Daily, 15th August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICRL series the corresponding WLR Daily summary is removed.
“A surveyor, instructed by a mortgage lender to value the property offered by the borrower as security for a loan, who certified that the property had been inspected and a fair valuation given, was liable in damages to the mortgage lender for losses suffered as a result of having valued the wrong property in breach of an unqualified obligation to inspect the specified property.”
WLR Daily, 1st August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254
“A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller’s suppliers chose, for whatever reason, not to make them available.”
WLR Daily, 25th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Wilberforce Chambers’ David Phillips QC is set for a £300,000 battle with Reed Elsevier, after the publishers allegedly reneged on an agreement to provide him with a lifetime’s free access to a reference book.”
Legal Week, 24th July 2008
Source: www.legalweek.com
“On 28 May 2008, the Law Commission published a summary of responses to its Consultation Paper. The summary document reports the arguments that have been put to us on consumer insurance reform. A further paper will deal with business insurance reform. There is a wide consensus that consumer insurance law is in urgent need of reform – not only among consumer groups, lawyers and brokers, but also among most insurance companies.”
Law Commission, 28th May 2008
Source: www.lawcom.gov.uk
Office of Fair Trading v Abbey National plc and Others
Queen’s Bench Division
“Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness.”
The Times, 29th April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Office of Fair Trading v Abbey National plc and Others [2008] EWHC 875 (Comm); [2008] WLR (D) 128
“Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness under reg 6 of the Unfair Terms in Consumer Contracts Regulations 1999.”
WLR Daily, 25th April 2008
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“In his long history of legal calamity, David Irving has confronted and lost to courtroom adversaries from the publisher Penguin, to a British Second World War convoy commander, to the Austrian state. To that list can now be added Jennie Allen, the 60-year-old owner of a B&B in the genteel London suburb of Kew.”
The Independent, 25th April 2008
Source: www.indpendent.co.uk
TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd [2008] EWCA Civ 382; [2008] WLR (D) 113
“The practice of placing machines on premises mainly for the use of persons other than the owner of the premises, who was paid a commission on its use, would not generally be a form of bailment by way of hire; it was necessary to look at the essential nature and commercial purpose of the agreement.”
WLR Daily, 17th April 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Two women who sued their sister for a share of a £50,000 bingo win have been awarded the money by a judge.”
BBC News, 17th April 2008
Source: www.bbc.co.uk
“The Law Society has resolved a long-running dispute with the Legal Services Commission (LSC) over the new unified contract for legal aid, after the LSC dropped a threat to usher in an entirely new contract.”
Legal Week, 10th April 2008
Source: www.legalweek.com
“The UK Government wants to sign up to a European Regulation which would standardise how the law is applied in cross-border contractual disputes, it has said. The Regulation, known as Rome I, replaces existing rules governing such disputes.”
OUT-LAW.com, 7th April 2008
Source: www.out-law.com
Aribisala v St James’ Homes (Grosvenor Dock) Ltd
Chancery Division
“The only real scope for the exercise of the court’s discretion, under section 49(2) of the Law of Property Act 1925, to order the return of a deposit, was when the purchaser of a property was unable to perform the contract; whereas, a purchaser would have the right to the return of the deposit when a vendor was unable to perform the contract.”
The Times, 4th April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same
Court of Appeal
“The English court would construe contracts of insurance and reinsurance to give effect to the intention of the parties to cover environmental damage, unless there were clear indications to the contrary.”
The Times, 3rd April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
M. and J. Polymers Ltd v Imerys Minerals Ltd
Queen’s Bench Division
“A take-or-pay clause in a supply contract could, as a matter of principle, amount to a penalty.”
The Times, 2nd April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A woman nicknamed the ‘cash martyr’ has lost her legal battle to stop BT penalising customers who pay their bills by cash or cheque.”
Daily Telegraph, 29th March 2008
Source: www.telegraph.co.uk
Grosvenor Casinos Ltd v National Bank of Abu Dhabi [2008] EWHC 511 (Comm); [2008] WLR (D) 88
“The Uniform Rules for Collections 522 relating to international banking and collection processes did not create privity of contract between the principal and the collecting bank.”
WLR Daily, 18th March 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12; WLR (D) 77
“Where under the JCT Standard Form of Building Contract, 1998 ed, Private with Quantities the architect granted the contractor an extension of time after the employer had served a withholding notice and paid under an interim certificate on the assumption that it had the right to rely on a non-completion certificate previously served, the grant of the extension of time did not deprive the employer of that right since it did not cancel the non-completion notice restrospectively.”
WLR Daily, 10th March 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Small is far from beautiful, according to an MP seeking a new law to make small print in contracts bigger.”
BBC News, 4th March 2008
Source: www.bbc.co.uk
“Where the wording in a contract of reinsurance was the same as or equivalent to that in the underlying contract of insurance, the two contracts should be given the same construction unless there were clear indications to the contrary.”
WLR Daily, 3rd March 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
