Asset finance in the education sector: the ultra vires predicament – Henderson Chambers

Posted December 18th, 2014 in contracts, education, news, ultra vires by sally

‘The ability of many state schools to enter into lease agreements (often for office equipment such as photocopiers) is limited by statute. Where a school exceeds its statutory power, the agreement will be void and unenforceable by the creditor. This article examines the issue of ultra vires, the consequences and potential remedies for both creditors and schools.’

Full story (PDF)

Henderson Chambers, 18th December 2014

Source: www.hendersonchambers.co.uk

Comments Off

Consumer Rights Bill: new rules on liability proposed for digital content suppliers – OUT-LAW.com

Posted December 12th, 2014 in bills, computer programs, consumer protection, contracts, electronic commerce, news by sally

‘Businesses that supply digital content to consumers would be able to insert contract terms that would exclude them from liability for damage caused by their content to consumers’ devices or other digital content, under proposed new consumer protection laws backed by UK law makers.’

Full story

OUT-LAW.com, 11th December 2014

Source: www.out-law.com

Comments Off

Signing a New Contract Does Not Mean Restrictive Covenants Are Binding Absent Proper Consideration – Littleton Chambers

Posted December 11th, 2014 in contract of employment, contracts, employment, news, restrictive covenants by sally

‘Many large employers (particularly those who acquire other businesses over time) are faced with employees (often senior and important employees) on ‘old’ contracts with unenforceable, inappropriate or even no restrictive covenants. Quite aside from the potential difficulties posed by TUPE, remedying that problem often proves difficult in practice, and requires careful management.’

Full story

Littleton Chambers, 8th December 2014

Source: www.littletonchambers.com

Comments Off

Probation contracts awarded to private organisations – BBC News

‘Private contracts to run probation services monitoring low and medium risk offenders have been awarded by Justice Secretary Chris Grayling.’

Full story

BBC News, 5th December 2014

Source: www.bbc.co.uk

Comments Off

BSB apologises for failing to review contractual terms and cab-rank rule – Legal Futures

Posted December 5th, 2014 in barristers, contracts, Legal Services Board, news by sally

‘Vanessa Davies, director of the Bar Standards Board (BSB), has apologised “for any impression that may have been created that we do not take our regulatory obligations seriously” after the BSB failed to launch a review of the standard contractual terms and the cab-rank rule.’

Full story

Legal Futures, 5th December 2014

Source: www.legalfutures.co.uk

Comments Off

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) – WLR Daily

Posted December 2nd, 2014 in contracts, fraud, gambling, law reports by sally

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) [2014] EWHC 3394 (QB); [2014] WLR (D) 504

‘The question whether the conduct of a party to a gaming contract amounted to cheating at common law for the purposes of the civil law, thereby breaching an implied term in the contract that the player would not cheat, was to be determined by the court applying an objective standard to the conduct complained of.’

WLR Daily, 8th October 2014

Source: www.iclr.co.uk

Comments Off

‘No obvious benefit’: Bar Council concerned over proposed dual-contracting model – The Bar Council

Posted December 1st, 2014 in barristers, consultations, contracts, criminal justice, legal aid, press releases by tracey

‘The Ministry of Justice response to the “Transforming Legal Aid: Crime Duty Contracts” consultation, published today, will be of concern to all lawyers engaged in criminal defence work, and especially to solicitors firms with criminal legal aid contracts.’

Full story

MOJ response

The Bar Council, 27th November 2014

Source: www.barcouncil.org.uk

Comments Off

Legitimate Expectations – Local Government Law

Posted November 25th, 2014 in contracts, energy, local government, news by sally

‘In Solar Century Holdings Ltd v Secretary of State for Energy and Climate Change [2014] EWHC 3677 (Admin) the submissions made for the Claimant included that (1) certain pre-legislative statements were admissible and in effect bound the Government, according to the principles laid down by Lord Steyn in R (Westminster City Council) v National Asylum Support Service [2002] UKHL 38 at paragraph 6, (2) certain statements made by the Government were “clear and unequivocal” representations which gave rise to a legitimate expectation, and (3) the expectation could not be trumped or thwarted by any of the policy considerations advanced by the Government. Green J rejected all these submissions. The case concerned renewable energy sources by way of large scale “solar farms”, governed by the Electricity Act 1989, as amended by the Energy Act 2013, and whether the Government was bound to maintain a particular scheme in place until 2017. Clear and repeated representations had been made to that effect, but they had always been qualified.’

Full story

Local Government Law, 17th November 2014

Source: www.11kbw.com/blogs/local-government-law

Comments Off

Termination: The Pitfalls – Thirty Nine Essex Street

Posted November 18th, 2014 in construction industry, contracts, news by sally

‘Termination disputes are often very bitter, expensive and hard fought. They usually arise when there has been a complete breakdown in relationship between the employer and the contractor. If the party who believes that is is entitled to terminate the contract gets it wrong, it is very likely that its conduct will be regarded as repudiatory and the other party will be entitled to accept that breach and claim damages.’

Full story (PDF)

Thirty Nine Essex Street, October 2014

Source: www.39essex.com

Comments Off

An “appropriate deduction”: Whatever circumstances demand – Hardwicke Chambers

Posted November 18th, 2014 in construction industry, contracts, damages, interpretation, news by sally

‘This Article considers the TCC decision of Mul v Hutton Construction Limited [2014] EWHC 1797 (TCC), which provides authority on the meaning of an “appropriate deduction” in the JCT standard forms and the possible consequences of that decision for parties to such contracts.’

Full story

Hardwicke Chambers, 16th October 2014

Source: www.hardwicke.co.uk

Comments Off

High Court judge refuses application by Treasury to lift automatic suspension – Local Government Lawyer

Posted November 5th, 2014 in children, contracts, delay, employment, news, parental rights, public interest, taxation by sally

‘A High Court judge has dismissed an application by the Treasury and two of its agencies to lift an automatic suspension under the Public Contracts Regulations 1996.’

Full story

Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk

Comments Off

Jackson calls for single limitation period – Litigation Futures

Posted November 4th, 2014 in contracts, judges, Law Commission, limitations, news, reports, speeches by sally

‘Lord Justice Jackson has called on the government to create a “single core limitation regime” for all claims in contract and tort, as recommended by the Law Commission.’

Full story

Litigation Futures, 4th November 2014

Source: www.litigationfutures.com

Comments Off

Caresse Navigation Ltd v Office National de l’Electricité and others – WLR Daily

Posted October 28th, 2014 in appeals, bills, charterparties, contracts, law reports, shipping law by sally

Caresse Navigation Ltd v Office National de l’Electricité and others [2014] EWCA Civ 1366; [2014] WLR (D) 444

‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

Comments Off

Standard Chartered Bank v Dorchester LNG (2) Ltd – WLR Daily

Posted October 28th, 2014 in banking, bills, carriage of goods, contracts, documents, law reports, shipping law by sally

Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440

‘The expression “completion, by delivery of the bill, of any indorsement of the bill” in section 5(2)(b) of the Carriage of Goods by Sea Act 1992 meant that completion of an indorsement by delivery required the voluntary and unconditional transfer of possession by the holder to the indorsee and an unconditional acceptance by the indorsee.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

Comments Off

Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

Full story

New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

Comments Off

Do me a favour! – New Law Journal

Posted October 22nd, 2014 in competition, contracts, EC law, electronic commerce, hotels, news, publishing by sally

‘Does price parity mean price increase when it comes to most favoured nation clauses? Rebecca Owen-Howes reports.’

Full story

New Law Journal, 20th October 2014

Source: www.newlawjournal.co.uk

Comments Off

VAT on property transfers and hierarchy clauses: CLP Holding Company – Hardwicke Chambers

Posted October 15th, 2014 in contracts, news, sale of land, VAT by sally

‘Over the summer, the Court of Appeal handed down judgment in the case of CLP Holding Company Ltd v Singh (1) & Kaur (2) [2014] EWCA Civ 1103. The case throws up some useful warnings and reminders about VAT on property transfers, the proper construction of contracts and hierarchy clauses.’

Full story

Hardwicke Chambers, 8th October 2014

Source: www.hardwicke.co.uk

Comments Off

Zero Hours – A Zero Sum game? – Cloisters

Posted October 15th, 2014 in contracts, employment, news by sally

‘To many on the left, the use of zero hours contracts represent the logical extension of a form of capitalism that puts profit and flexibility over people and employment rights: a legal metaphor for austerity Britain, with its cuts to public spending, pay day loans and the so called “bedroom tax”.’

Full story

Cloisters, 3rd October 2014

Source: www.cloisters.com

Comments Off

BSB probes contracts between chambers and solicitors – Legal Futures

Posted October 14th, 2014 in barristers, codes of practice, complaints, contracts, news, solicitors by sally

‘The Bar Standards Board (BSB) is investigating the extent to which barristers have been accepting work from solicitors without entering into contracts, or accepting terms “contrary to their regulatory obligations”.’

Full story

Legal Futures, 14th October 2014

Source: www.legalfutures.co.uk

Comments Off

Call for evidence: review of standard contractual terms and cab rank rule – Bar Standards Board

Posted October 13th, 2014 in barristers, codes of practice, contracts, news by sally

‘The Bar Standards Board (BSB) has today [10 October] issued a call for evidence as part of a new review of the standard contractual terms and the cab rank rule. This is to establish the contractual basis on which barristers are being instructed, and to gather evidence about the frequency with which the cab rank rule is being invoked.’

Full story

Bar Standards Board, 10th October 2014

Source: www.barstandardsboard.org.uk

Comments Off