Does the law need to be rectified? Chartbrook revisited (PDF)
The Chancery Bar Association, Annual Lecture 2013
Source: www.chba.org.uk
Does the law need to be rectified? Chartbrook revisited – The Chancery Bar Association
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Is small print in online contracts enforceable? – BBC News
“With some internet companies’ terms and conditions being longer than Shakespeare’s Hamlet, could it be that ‘unfair’ clauses in agreements are not even worth the paper they are printed on?”
BBC News, 6th June 2013
Source: www.bbc.co.uk
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Aspect Construction (Asbestos) Ltd v Higgins Construction plc – WLR Daily
“A construction contract did not contain an implied term that a party to the contract, unsuccessful in adjudication, was entitled to have a final and binding resolution of the dispute determined by litigation.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
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Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd – WLR Daily
“In determining whether a breach of a contract had been repudiatory an important factor to be taken into account was whether, although serious, the breach had been remedied before the injured party had purported to exercise a right of termination of the contract. Likewise, if there had been delay in performance of an ongoing obligation, it might be possible for the delay to be made up by faster performance. The court had to consider the position as at the date when the injured party purported to terminate. In the absence of time being of the essence, delay would only become a repudiatory breach if it were so prolonged as to frustrate the contract.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
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How to challenge a parking ticket – The Guardian
“Don’t be taken for a ride over parking tickets – know your rights on private car parks, penalty charges and your right to appeal.”
The Guardian, 18th April 2013
Source: www.guardian.co.uk
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The Scope Of The Duty Of Fidelity – No. 5 Chambers
“What are the duties of an Employee who is approached by a family member to supply goods or services to his Employer?”
No. 5 Chambers, 18th March 2013
Source: www.no5.com
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Stamp duty land tax sub-sale relief scheme failed because a novation was not a transfer of rights, according to Tribunal – OUT-LAW.com
A scheme to avoid stamp duty land tax (SDLT) on the purchase of a London house, involving a novation of a contract, failed because SDLT sub-sale relief was only available where there was a transfer of rights and a novation was not a transfer of rights, according to a decision of the First Tier Tax Tribunal.
OUT-LAW.com, 10th April 2013
Source: www.out-law.com
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New rules for CMCs – Ministry of Justice
“Get a signature on the dotted line or there is no contract, warns the Claims Management Regulator as tough new Conduct Rules for claims management companies (CMCs) are announced.”
Ministry of Justice, 8th April 2013
Source: www.justice.gov.uk
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Regina v Applied Language Solutions Ltd – WLR Daily
Regina v Applied Language Solutions Ltd: [2013] EWCA Crim 326; [2013] WLR (D) 123
“Where a company had an agreement with the Ministry of Justice to provide interpreters, including interpreters for criminal proceedings, it was essential that an interpreter was provided on every occasion when one was required. If there was successive non-attendance of an individual interpreter or successive failures in systems a court was entitled to view that as amounting to serious misconduct rendering the company liable for the costs thereby incurred by the Crown Prosecution Service and the defence.”
WLR Daily, 25th March 2013
Source: www.iclr.co.uk
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Gagged NHS whistleblowers will be allowed to speak out, Sir David Nicholson says – Daily Telegraph
“Hundreds of whistleblowers are now free to come forward with damaging
disclosures about the NHS after their gagging orders were retrospectively
lifted, Sir David Nicholson has told MPs.”
Daily Telegraph, 18th March 2013
Soruce: www.telegraph.co.uk
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Unfair terms in consumer contracts – Law Commission
“The Law Commission and the Scottish Law Commission have today recommended reforms to provide better protection for consumers from unfair charges in small print.”
Law Commission, 19th March 2013
Source: www.justice.gov.uk/lawcommission
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Law commissions urge tougher action on hidden charges – BBC News
“Consumers need more protection against hidden charges often tucked away in the
small print, according to two bodies responsible for promoting law reform.”
BBC News, 19th March 2013
Source: www.bbc.co.uk
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Ban on NHS gagging orders – The Guardian
“Gagging clauses that stop departing NHS staff from speaking out about patient safety or care have been banned by the government.”
The Guardian, 14th March 2013
Source: www.guardian.co.uk
Her Majesty’s Revenue and Customs (Appellant) v Aimia Coalition Loyalty UK Limited (formerly known as Loyalty Management UK Limited) (Respondent) – Supreme Court
Supreme Court, 13th March 2013
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HarperCollins sued by former death row prisoner over ditched book – The Guardian
“Nick Yarris, who was wrongfully convicted and sentenced to death for murder, sues publisher over abandoned life story.”
The Guardian, 12th March 2013
Source: www.guardian.co.uk
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Westfields Construction Ltd v Lewis – WLR Daily
Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC); [2013] WLR (D) 93
“Occupation of a property was an ongoing process and could not be tested by reference to a single snapshot in time in determining whether a property owner was a ‘residential occupier’ for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
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Gym chains forced to relax contract terms – The Guardian
“Three of Britain’s biggest gym chains have had to change their contracts to make it easier for people to cancel, after the Office of Fair Trading ruled their terms and practices were unfair.”
The Guardian, 8th March 2013
Source: www.guardian.co.uk
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Internal Disciplinary Hearings and Injunctions – Littleton Chambers
“Dr Chhabra is a consultant psychiatrist at Broadmoor Hospital. She was alleged by a member of the public to have breached patient confidentiality whilst travelling on a train (an allegation that might cause lawyers who work on trains pause for thought…). Her employer Trust appointed an outside psychiatrist to investigate the allegations under the Trust’s procedures, implementing ‘Maintaining High Professional Standards in the Modern NHS’. The case manager, on reviewing the investigator’s report, decided that the matter should be brought before a disciplinary hearing at which Dr. Chhabra would face allegations of gross misconduct that may have led to dismissal. Separately the Trust referred capability concerns relating to Dr. Chhabra that had also been considered in the investigator’s report, to the National Clinical Assessment Service (‘NCAS’).”
Littleton Chambers, 12th February 2013
Source: www.littletonchambers.com
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Without prejudice communications – 11 Stone Buildings
“When a litigator enters into settlement discussions, the general rule is that the content of those communications are protected by the Without Prejudice Rule and cannot be relied upon as evidence in court if the case doesn’t settle. This rule, however, does not constitute a blanket ban. In this note James Barnard reminds us of the Without Prejudice Rule framework, its recognised exceptions and how the Supreme Court case of Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSA 44 created another wide-ranging exception.”
Full story (PDF)
11 Stone Buildings, February 2013
Source: www.11sb.com
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