Archive for the 'contracts' Category

BSB gives go ahead for barristers to sue solicitors over fees – Law Society’s Gazette

“The Bar Standards Board has given the green light for the introduction of standard contractual terms that will enable barristers to sue solicitors for unpaid fees.”

Full story

Law Society’s Gazette, 5th May 2011

Source: www.lawgazette.co.uk

Redcard Ltd and others v Williams and others – WLR Daily

Redcard Ltd and others v Williams and others [2011] EWCA Civ 466; [2011] WLR (D) 145

“Under section 44 of the Companies Act 2006 a company document could validly be signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed ‘for or on behalf of the company’.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) – WLR Daily

Privater Rettungsdienst und Krankentransport Stadler v Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau (Malteser Hilfdienst eV and another, intervening) (Case C–274/09); [2011] WLR (D) 88

“A contract concerning rescue services under which the operator was fully remunerated by persons other than the contracting authority awarding the contract and which placed a limited operating risk on the operator was classified as a ‘service concession’ within the meaning of article 1(4) of Parliament and Council Directive 2004/18/EC, as distinct from a public contract or public service contract within article 1(2)(a)(d).”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court of appeal clears bankers to sue Commerzbank over bonuses – The Guardian

“The court of appeal yesterday cleared the way for more than 100 investment bankers to sue Commerzbank over unpaid bonuses in one of the highest profile cases to emerge from the financial crisis.’

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Landmark judgment highlights retainer letter lapse – Law Society’s Gazette

“A High Court judge warned solicitors of the need to be clear in retainer letters, as he ruled that a firm had breached its contract by refusing to carry out further work for a client until he had paid his bills, in a decision that the judge admitted ‘may seem harsh’.”

Full story

Law Society’s Gazette, 3rd March 2011

Source: www.lawgazette.co.uk

Consumer expectation the vital element in contract fairness, says OFT – OUT-LAW.com

“Companies whose small print changes the basis of consumer deals will face investigation by consumer regulator the Office of Fair Trading (OFT), it has said. According to the OFT, one in five consumers had experienced a contract problem in the last year.”

Full story

OUT-LAW.com, 24th February 2011

Source: www.out-law.com

Bar Council Calls for Restraint on EU Contract Plans – The Bar Council

“The Bar Council, which represents barristers in England and Wales, has urged the European Commission to show restraint in considering new proposals on European contract law.”

Full story

The Bar Council, 1st February 2011

Source: www.barcouncil.org.uk

CLECE SA v Martín Valor and another – WLR Daily

CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12

“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”

WLR Daily, 24th January 2011

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.

Robinson v PE Jones (Contractors) Ltd – WLR Daily

Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9; [2011] WLR (D) 4

“The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss.”

WLR Daily, 19th Janaury 2011

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.

Insurance Contract Law – Law Commission

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 16th December 2010

Source: www.lawcom.gov.uk

Carroll v Kynaston – WLR Daily

Carroll v Kynaston [2010] EWCA Civ 1404; [2010] WLR (D) 325

“A party to a settlement agreement was not entitled to claim in a further action by way of damages the amount by which the costs awarded him fell short of the costs actually incurred by him.”

WLR Daily, 14th December 2010

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

Ricky Hatton settles £1.4m wages claim – The Independent

“Ex-boxer Ricky Hatton has settled a £1.4 million claim for unpaid wages from his former trainer. Hatton today reached an undisclosed but ‘mutually acceptable’ deal with Billy Graham on the third day of a hearing at Manchester’s Civil Justice Centre.”

Full story

The Independent, 8th December 2010

Source: www.independent.co.uk

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd – WLR Daily

Habibsons Bank Ltd v Standard Chartered Bank (Hong Kong) Ltd [2010] EWCA Civ 1335; [2010] WLR (D) 299

“Where, in the course of a contractual transaction, a document had been altered unilaterally, and the other party sought to rely on the rule in Pigot’s case in submitting that the underlying transaction was thereby rendered void, it was important to draw a distinction between documents which contained or evidenced the transaction and documents which were required to carry it into effect.”

WLR Daily, 25th November 2010

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.

Reforming insurance contract law – latest news – Law Commission

“We have published a summary of the responses to our Issues Paper 6 (Damages for Late Payment and the Insurer’s Duty of Good Faith).”

Full story

Law Commission, 18th November 2010

Source: www.lawcom.gov.uk

English court intervenes to stop Indian case going ahead – OUT-LAW.com

“An Indian solar panels manufacturer cannot continue legal action in India because to do so would undermine an earlier English court ruling, the High Court in London has ruled.”

Full story

OUT-LAW.com, 10th November 2010

Source: www.out-law.com

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others – WLR Daily

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others [2010] EWCA Civ 1222 ; [2010] WLR (D) 277

“An assignment of copyright which was subject to automatic reverter in the event of an unremedied notified material breach of contract prior to the expiration of the period of copyright was permitted by s 90 of the Copyright, Designs and Patents Act 1988.”

WLR Daily, 3rd November 2010

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.

Repudiatory breach cases should rest on principle, not precedent, says Court of Appeal – OUT-LAW.com

“Companies claiming that a business partner walked away from a contract should pay less attention to previous cases and more attention to the basic principals behind the law of repudiation, the Court of Appeal has said.”

Full story

OUT-LAW.com, 1st November 2010

Source: www.out-law.com

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady) – WLR Daily

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady)[2010] EWCA Civ 1145; [2010] WLR (D) 259

“There was no justification for implying a term in a contract for the sale of goods that goods which were accepted as complying with specification on loading at a seaport should be capable of remaining in an acceptable condition until unloaded at the end of a voyage. The contract specified that the buyer ‘assumes all risks pertaining thereto’. These included the risk of cargo instability. Were the term to be implied it would destroy certainty in the international sale of goods because the testing and certification of goods at the point of loading would always have to make way for a special implied term. Despite the huge inroads made first by the common law and then statute, the underlying principle remained caveat emptor, let the buyer beware.”

WLR Daily, 20th October 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH – WLR Daily

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246

“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”

WLR Daily, 13th October 2010

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.

Kevin Pietersen fined by England for obscene Twitter outburst – The Guardian

” Kevin Pietersen has been fined over his foul-mouthed outburst on Twitter last week. The England batsman had reacted angrily to being left out of the England squad for the one-day and Twenty20 series against Pakistan.”

Full story

The Guardian, 6th September 2010

Source: www.guardian.co.uk

Compass sues NHS trust for £2.3m in row over out-of-date ketchup – Daily Telegraph

“Compass has filed a £2.3m lawsuit against an NHS trust amid claims the catering group faced ‘grossly exaggerated’ penalties for minor contract failures including holding a fire door open with a spoon and supplying out-of-date tomato ketchup.”

Full story

Daily Telegraph, 2nd September 2010

Source: www.telegraph.co.uk

European Contract Law: chance to have your say – Ministry of Justice

“The Government has today launched a Call for Evidence seeking views on the European Commission’s Green Paper on potential changes to contract law.”

Full press release

Ministry of Justice, 18th August 2010

Source: www.justice.gov.uk

BBC facing human rights battle with Top Gear’s The Stig – Daily Telegraph

“The BBC is facing a human rights battle with ‘The Stig’, the mystery stunt driver on Top Gear, in an effort to stop him disclosing his identity.”

Full story

Daily Telegraph, 19th August 2010

Soruce: www.telegraph.co.uk

Minor breaches of contract can combine to make major breach, rules Court of Appeal – OUT-LAW.com

“When consulting and IT firm Accenture made a number of small breaches of the terms of a contract this could add up to a major breach with potentially costly consequences, the Court of Appeal has ruled.”

Full story

OUT-LAw.com, 11th August 2010

Source: www.out-law.com

Battle of the forms ends without terms and conditions victor – OUT-LAW.com

“The failure of two companies to agree whose terms and conditions governed the sale of a consignment of goods means that neither company’s terms can be enforced, the High Court has said.”

Full story

OUT-LAW.com, 2nd August 2010

Source: www.out-law.com

Clause does not bar court from correcting contract, rules High Court – OUT-LAW.com

“A mistake in a contract between two companies can be corrected by a court despite the contract containing a clause stating that only the contents of the contract should govern the disputed deal.”

Full story

OUT-LAW.com, 16th July 2010

Source: www.out-law.com

Judge kicks out £4.3m case against Rooney – The Independent

“Wayne Rooney today defeated attempts to sue him for £4.3 million. The Manchester United and England striker was accused of withholding commission on multi-million pound deals brokered by sports management firm Proactive, who used to represent him.”

Full story

The Independent, 15th July 2010

Source: www.independent.co.uk

What price should policyholders pay for fraudulent insurance claims? – Law Commission

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 9th July 2010

Source: www.lawcom.gov.uk

Contract law does not bind ‘Part 36’ offers to settle, rules Court of Appeal – OUT-LAW.com

“An offer to settle court proceedings that is made under Part 36 of the Civil Procedure Rules in England and Wales can still be accepted after it has been rejected, unless a formal withdrawal has been made, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 2nd July 2010

Source: www.out-law.com

Prince of Wales intervention in Chelsea Barracks ‘unwelcome’ says judge – Daily Telegraph

“The Candy Brothers have won their High Court bid to prove Qatari architects were wrong to withdraw plans for the redevelopment of Chelsea Barracks following an intervention by the Prince of Wales.”

Full story

Daily Telegraph, 25th June 2010

Source: www.telegraph.co.uk

Geldof Metaalconstructie NV v Simon Carves Ltd – WLR Daily

Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146

“A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. In addition, the supply contract contained a right to set-off clause which went further than the common law in permitting the defendant to set off “any amounts lawfully due” against the purchase price.”

WLR Daily, 14th June 2010

Source:

Judge replaced in Chelsea barracks case – Daily Telegraph

“The case has caused a stir because correspondence from the Prince of Wales will be used as evidence, in what has become a row over the most expensive piece of land in Britain and an argument between modernist and traditional architects.”

Full story

Daily Telegraph, 17th May 2010

Sourc: www.telegraph.co.uk

Software company’s liability clause was not ‘reasonable’, says High Court – OUT-LAW.com

“A software company’s stipulation that customers could not take action against it for the poor performance of its software was unfair and could not be enforced, the High Court has said.”

Full story

OUT-LAW.com, 11th May 2010

Source: www.out-law.com

Barristers could have right to sue solicitors for unpaid fees – Law Society’s Gazette

“Barristers would be able to sue solicitors for unpaid fees under proposals published by the Bar Council last week to put the relationship between the two professions on a more commercial footing.”

Full story

Law Society’s Gazette, 6th May 2010

Source: www.lawgazette.co.uk

Employment Appeal Tribunal issues TUPE judgment on contract wins – Law Society’s Gazette

“The first case to reach the Employment Appeal Tribunal concerning a dispute between two law firms over the employment law implications of winning a client contract from another firm has provided ‘much-needed clarification’ on the issue, experts have said.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA – WLR Daily

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA [2010] EWCA Civ 397; [2010] WLR (D) 100

“Where an application for summary judgment turned on the terms of a written contract, it did not follow that the factual matrix of the contractual relationship could only be determined by a full trial with discovery, evidence and cross-examination of witnesses. If there was no conflict of evidence on a relevant point of background matrix, it was only when there really were reasonable grounds for supposing that a fuller investigation of the facts as to the background might make a difference to construction that the court should decline to construe the contract on a summary judgment (including a strike out) application.”

WLR Daily, 23rd April 2010

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.

VC firm accused of stealing business plan must pay damages, not profits – OUT-LAW.com

“A venture capital company that breached the confidentiality of businessmen who came to it with a proposition should only have to pay damages as compensation and not a share of their profits from the deal, the High Court has ruled.”

Full story

OUT-LAW.com, 29th March 2010

Source: www.out-law.com

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) – WLR Daily

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Co KG (UK Production) [2010] UKSC 14; [2010] WLR (D) 75

“A draft contractual agreement to install equipment in a factory, which was never executed as the work was commenced, completed and partly paid for during the negotiations, took effect as a binding contract as the essential terms had been agreed and neither party had intended agreement of the remaining terms to be a precondition to a concluded contract. Although the draft agreement contained a clause stating that the contract was not effective until it was executed, it was possible for parties to waive such a clause and, on the facts, these parties had done so.”

WLR Daily, 11th March 2010

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.

Contract was in place because companies behaved as if it was, says Supreme Court – OUT-LAW.com

“A deal was governed by a contract despite the two companies involved not actually signing and exchanging copies of it, the Supreme Court has ruled. The contract is in effect because the firms behaved as if it was, it said.”

Full story

OUT-LAW.com, 11th March 2010

Source: www.out-law.com

Pink Floyd win EMI court battle over online sales – BBC News

“Pink Floyd have won a court battle with record label EMI over how their music is sold over the internet.”

Full story

BBC News, 11th March 2010

Source: www.bbc.co.uk

Contractual interest on damages does contribute to capped sum, rules High Court – OUT-LAW.com

“A contract’s liability cap applies to interest on payments that is part of that contractual agreement but does not apply to statutory interest applied by a court, the High Court has said.”

Full story

OUT-LAW.com, 4th March 2010

Source: www.out-law.com

Government publishes international contract law guidance – OUT-LAW.com

“The Ministry of Justice has published guidance to European Regulations on which law applies in international disputes. The guidance relates to new rules that came into force in December.”

Full story

OUT-LAW.com, 26th February 2010

Source: www.out-law.com

Rooney due to give evidence in £4.3m fight – The Independent

“Wayne Rooney will give evidence in court later today as he fights a £4.3 million lawsuit. The Manchester United and England striker will be questioned over his involvement with controversial football agent Paul Stretford, who represented the player for six years.”

Full story

The Independent, 12th February 2010

Source: www.independent.co.uk

OFT to test e-commerce contracts for fairness – OUT-LAW.com

“Consumer protection regulator the Office of Fair Trading (OFT) has launched an investigation into whether complex contracts for goods and services are unfair to consumers. The investigation will particularly focus on online transactions.”

Full story

Out-Law.com, 9th February 2010

Source: www.out-law.com

HP ordered to pay £200m within two weeks in interim damages ruling – OUT-LAW.com

“The High Court has ordered Hewlett-Packard to pay BSkyB £200 million in interim damages, according to press reports. The interim award follows a ruling last week over a contract tendering process.”

Full story

OUT-LAW.com, 3rd February 2010

Source: www.out-law.com

BSkyB ruling will not transform IT procurement, says expert – OUT-LAW.com

“IT companies will not have to conduct a total overhaul of their sales processes in the aftermath of a long-awaited court ruling this week, a technology law expert has said. The ruling focused on the dishonesty of one employee, not a whole company.”

Full story

OUT-LAW.com, 28th January 2010

Source: www.out-law.com

BSkyB wins long-running court battle over failed IT upgrade project – The Times

“BSkyB, the satellite broadcaster, won a landmark court ruling yesterday against an information technology supplier that it had accused of lying to win a £50 million tender.”

Full story

The Times, 27th January 2010

Source: www.timesonline.co.uk

Bath Spa: Council paid £4m compensation for delay – BBC News

“Bath and North East Somerset Council was paid at least £4.17m in compensation for the delayed Bath Spa Project, its accounts have revealed.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Candy brothers lose latest stage in court battle over Chelsea Barracks – Daily Telegraph

“Christian and Nick Candy, property developers … claim Qatari Diar Real Estate Investments broke a £119 million contract after an alleged intervention by the Prince of Wales.”

Full story

Daily Telegraph, 7th December 2009

Source: www.telegraph.co.uk

Rome I comes into force, clarifies whose laws apply to contract disputes – OUT-LAW.com

“Companies that negotiate contracts without specifying which country’s law should govern any contractual disputes between them will face a new legal regime in two weeks’ time. From 17th December, a new EU law, Rome I, will decide which law should apply.”

Full story

OUT-LAW.com, 3rd December 2009

Source: www.out-law.com

Prince of Wales could be asked to appear in court over role in Chelsea Barracks row – Daily Telegraph

“The Prince of Wales could be asked to appear in court over his role in helping to block the £3 billion Chelsea Barracks housing scheme designed by Lord Rogers.”

Full story

Daily Telegraph, 29th November 2009

Source: www.telegraph.co.uk

Exclusion clauses may fragment after High Court ruling – OUT-LAW.com

“Wording in a contract that seeks to exclude liability in a contract is more vulnerable to being struck out than lawyers previously thought. A ruling suggests that exclusion clauses are more likely to be effective when broken into separate terms.”

Full story

OUT-LAW.com, 5th November 2009

Source: www.out-law.com

Insurance Contract Law – Law Commission

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 5th November 2009

Source: www.lawcom.gov.uk

 

NHS sued for £20m over hospitals – BBC News

“The NHS in Leicester is being sued for more than £20m over the collapse of a plan to rebuild the city’s hospitals.”

Full story

BBC News, 5th November 2009

Source: www.bbc.co.uk


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