You have my word: Oral Variations of Licence – Hardwicke Chambers

Posted August 25th, 2016 in appeals, contracts, news by sally

‘There has been some uncertainty on whether anti-oral variation clauses are binding. In 2000 and 2002 the Court of Appeal delivered conflicting judgments on the matter. However, this year we have been treated to two judgments in as many months. This article reviews the decision in MWB Business Exchange Centres Limited v Rock Advertising Limited [2016] EWCA Civ 553 and considers its impact for property lawyers.’

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Hardwicke Chambers, 8th August 2016

Source: www.hardwicke.co.uk

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The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza – Cloisters

Posted August 25th, 2016 in appeals, contracts, illegality, insider dealing, news, Supreme Court by sally

‘When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “cri de coeur”.’

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Cloisters, 26th July 2016

Source: www.cloisters.com

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Timeshare mis-selling: An Introduction to the Problem – Park Square Barristers

Posted August 24th, 2016 in contracts, EC law, misrepresentation, news, time sharing by sally

‘I have recently been getting to grips with the complex world of timeshare contracts and timeshare mis-selling. This requires the mastery of a very wide spectrum of legal doctrines and concepts which are not often wedded together in practice: simple contract, and from that misrepresentation actions (they are hard, and include therein a knowledge of exclusion clause and entire agreement clause law), time share regulation legislation, land law, service charge law, private international law, club law, consumer credit law (which is crucial), and EU and “consumer law” – which, as anyone who knows anything about the Bank Charges litigation knows, is a very difficult legal landscape in its own right.’

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Park Square Barristers, 11th August 2016

Source: www.parksquarebarristers.co.uk

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Costs judge gives another CFA assignment the thumbs-up – Litigation Futures

Posted August 24th, 2016 in assignment, contracts, costs, fees, news, part 36 offers, solicitors by sally

‘The assignment of conditional fee agreements (CFAs) is under the spotlight yet again after a costs judge ruled that one had been validly made.’

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Litigation Futures, 23rd August 2016

Source: www.litigationfutures.com

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Rise in women facing discrimination on taking maternity leave – The Guardian

‘New mothers are facing increasing discrimination when they take maternity leave including being made redundant and switched to zero-hours contracts.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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Judge stays case until claimants pay correct court fee – Law Society’s Gazette

Posted August 17th, 2016 in contracts, fees, news, stay of proceedings by sally

‘The High Court has ruled that a contract claim against retailer Sports Direct should be stayed until the claimant has paid the correct court fee.’

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Law Society’s Gazette, 16th August 2016

Source: www.lawgazette.co.uk

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English court allows retroactive extension of time to allow corrections in arbitral process – OUT-LAW.com

Posted August 15th, 2016 in arbitration, contracts, enforcement, news, time limits by sally

‘The High Court in England has allowed claimants more time to apply for changes to an arbitral award.’

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OUT-LAW.com, 12th August 2016

Source: www.out-law.com

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‘Biggest overhaul’ of insurance law in over a century comes into force today – OUT-LAW.com

Posted August 12th, 2016 in contracts, disclosure, insurance, misrepresentation, news by sally

‘Sweeping changes to UK commercial insurance law described as the “biggest overhaul since the introduction of the 1906 Marine Insurance Act” come into force today.’

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OUT-LAW.com, 12th August 2016

Source: www.out-law.com

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What is London litigation’s place in the post-Brexit world? – Halsbury’s Law Exchange

‘It will be a while yet before the dust settles following the outcome of the 23 June referendum on the UK’s membership of the EU. London’s litigators are likely to have voted in different ways on an issue that touches so many different areas of our lives. But I am sure all would agree that the uncertainties generated by the result have the capacity to damage London as a global centre for litigation if not properly managed and addressed. Other litigation hubs are already seeking to capitalise and highlight challenges litigants in London may now face in a bid to attract work. It is vital that as a profession we work to meet that head on.’

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Halsbury’s Law Exchange, 9th August 2016

Source: www.halsburyslawexchange.co.uk

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Six found guilty of corruption in relation to Royal Household contracts – Crown Prosecution Service

Posted August 10th, 2016 in conspiracy, contracts, corruption, fraud, press releases, royal family by tracey

‘Following two trials at Southwark Crown Court, Ronald Harper, former Deputy Property Manager within the Royal Household, has been found guilty of conspiracy to make corrupt payments.’

Full press release

Crown Prosecution Service, 9th August 2016

Source: www.cps.gov.uk

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What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

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UK ruling shows need for businesses to make purposes of actions subject to contract clear, says expert – OUT-LAW.com

Posted August 8th, 2016 in appeals, contracts, news by sally

‘Only the “dominant purpose” of actions governed by commercial contracts will be considered by courts in dispute over what is meant by ‘the purpose’ of those actions unless businesses are more specific in the way they word those clauses, a litigation expert has said.’

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OUT-LAW.com, 5th August 2016

Source: www.out-law.com

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High Court ruling due on whether new Labour members can vote in leadership contest – Daily Telegraph

‘A High Court judge is ruling on a bid by five new members of the Labour Party who have “paid their dues” for the legal right to vote in the forthcoming leadership election.’

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Daily Telegraph, 8th August 2016

Source: www.telegraph.co.uk

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High court to rule on new members’ vote in Labour leadership ballot – The Guardian

Posted August 5th, 2016 in contracts, elections, news, political parties by tracey

‘The high court will rule on Monday on whether 130,000 people who recently became Labour party members will be allowed to vote in the upcoming leadership election, after a lawyer representing a group of them argued they had been unfairly excluded from the process.’

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The Guardian, 4th August 2016

Source: www.guardian.co.uk

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Declarations as to the validity of an arbitration agreement; has anything changed after HC Trading v Tradeland? – Hardwicke Chambers

Posted July 26th, 2016 in arbitration, contracts, jurisdiction, news by sally

‘Section 1(c) of the Arbitration Act 1996 (AA 1996) makes clear that in matters governed by Part I of the AA 1996, “the court should not intervene” except to the extent provided in the AA 1996 itself.’

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Hardwicke Chambers, 18th July 2016

Source: www.hardwicke.co.uk

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Software can be considered as ‘goods’ for the purpose of commercial agent regulations, says High Court – OUT-LAW.com

Posted July 18th, 2016 in commercial agents, computer programs, contracts, EC law, news by sally

‘Software suppliers can be forced to pay damages to self-employed intermediaries they contract with to promote their products under UK commercial agents regulations, according to a recent High Court ruling.’

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OUT-LAW.com, 15th July 2016

Source: www.out-law.com

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Defence firms claimed £61m of ‘non-allowable’ costs, says watchdog – BBC News

Posted July 14th, 2016 in armed forces, contracting out, contracts, costs, defence, expenses, news by tracey

‘Defence companies have claimed £61m of expenditure from the taxpayer that was “potentially” not allowed under contract rules, a watchdog has said.’

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BBC News, 14th July 2016

Source: www.bbc.co.uk

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Joint and several obligations – Hardwicke Chambers

Posted July 12th, 2016 in appeals, contracts, damages, joint liability, news, sale of land by sally

‘Andy Creer considers the recent decision of Laditi and another v Marlbray Ltd [2016] EWCA Civ 476 in which Brie Stevens-Hoare QC and Lina Mattsson acted for the Claimants/Respondents.’

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Hardwicke Chambers, 13th June 2016

Source: www.hardwicke.co.uk

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Deposit Dilemmas – Tanfield Chambers

Posted July 12th, 2016 in contracts, deposits, news, repayment, rescission, sale of land by sally

‘Contracts for the sale of land can fail to complete for many reasons. The Standard Conditions and Standard Commercial Conditions require a 10% deposit to be paid on exchange of contracts. This can amount to a substantial sum of money. Purchasers will know that where they fail to complete it is commonplace for the vendor to retain that deposit. In the current market, with property prices soaring ever higher, the out-of-pocket purchaser may be justified in feeling that the vendor has obtained a windfall in keeping the deposit and selling the property on to a third party at a higher price.’

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Tanfield Chambers, 6th July 2016

Source: www.tanfieldchambers.co.uk

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Part 36 uplift for beating offer includes contractual interest, High Court rules – Litigation Futures

‘The 10% uplift claimants receive for beating their part 36 offer includes contractual interest on the sum won at trial, the High Court has ruled.’

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Litigation Futures, 27th June 2016

Source: www.litigationfutures.com

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