Insurance Contract Law – Law Commission

Posted July 18th, 2014 in contracts, insurance, press releases by tracey

‘Report from the Law Commissions of England and Wales and of Scotland making recommendations for reform to modernise business insurance law. The majority of these recommendations are included in the Government’s Insurance Bill.’

Full press release

Law Commission, 17th July 2014

Source: www.justice.gov.uk/lawcommission

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Successful A1P1 claims by photovoltaics – Human Rights Blog

Posted July 15th, 2014 in contracts, energy, human rights, news by tracey

‘Breyer Group plc and others v Department of Energy and Climate Change [2014] EWHC 2257 (QB). This is an important judgment on governmental liability for a rather shabby retrospective change of the rules about subsidies for photovoltaic schemes.’

Full story

UK Human Rights Blog, 13th July 2014

Source: www.ukhumanrightsblog.com

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Greenwich Millennium Village Ltd v Essex Services Group plc and others – WLR Daily

Greenwich Millennium Village Ltd v Essex Services Group plc and others: [2014] EWCA Civ 960; [2014] WLR (D) 309

‘A contractor (the respondent) to which building work had been subcontracted which it had in turn subcontracted to another contractor (the appellant) which undertook to indemnify the respondent against liability for the appellant’s negligence was not prevented by its own negligence from enforcing the indemnity clause.’

WLR Daily, 11th July 2014

Source: www.iclr.co.uk

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Supreme Court: BT entitled to introduce new charging regime for connecting ’08′ calls from mobile networks – OUT-LAW.com

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ’0800′, ’0845′ and ’0870′ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 11th July 2014

Source: www.out-law.com

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Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted July 11th, 2014 in competition, contracts, EC law, news, Supreme Court, telecommunications by sally

‘The Supreme Court yesterday handed down judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), Lord Sumption for a unanimous Supreme Court held that there had been no basis for Ofcom to disallow BT’s introduction of “ladder pricing” in wholesale termination charges for certain non-geographic telephone numbers (specifically 080, 0845 and 0870, whence the litigation’s popular name among telecoms lawyers: “08- numbers”).’

Full story

Competition Bulletin from Blackstone Chambers, 10th July 2014

Source: www.competitionbulletin.com

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British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) – Supreme Court

Posted July 9th, 2014 in competition, contracts, EC law, law reports, telecommunications by sally

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) [2014] UKSC 42 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Posted July 9th, 2014 in arbitration, contracts, dispute resolution, enforcement, jurisdiction, news by sally

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

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District council loses High Court bid to stop DCLG claw back of EU funds – Local Government Lawyer

Posted July 8th, 2014 in advertising, contracts, government departments, local government, news by tracey

‘A district council has lost a judicial review challenge over the Communities Secretary’s decision to claw back almost £160,000 in payments made from the European Regional Development Fund.’

Full story

Local Government Lawyer, 7th July 2014

Source: www.localgovernmentlawyer.co.uk

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Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd: [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

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Fibria Celulose S/A v Pan Ocean Co Ltd and another – WLR Daily

Posted July 4th, 2014 in agency, assignment, contracts, foreign jurisdictions, insolvency, law reports by tracey

Fibria Celulose S/A v Pan Ocean Co Ltd and another: Kim v Fibria Celulose S/A: [2014] EWHC 2124 (Ch); [2014] WLR (D) 288

‘The relief available under article 21(1) of the UNCITRAL Model Law on Cross-Border Insolvency, as scheduled to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030), upon recognition by the English court of a foreign insolvency proceeding was limited to such relief as it would be open to the court to grant in domestic insolvency proceedings.’

WLR Daily, 30th June 2014

Source: www.iclr.co.uk

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Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – 4 New Square

Posted June 26th, 2014 in consumer protection, contracts, news, regulations, solicitors by sally

‘With over a decade of fairly fundamental regulatory challenges brought about by the Access to
Justice Act 1999, s.58 Courts and Legal Services Act 1990 (Conditional Fee legislation) and more
recently LASPO (Jackson and DBAs), not to mention the overhaul of the Solicitors Code of Conduct to
its present guise of the Handbook in October 2011, one would be forgiven for thinking that the
solicitors profession is already sufficiently regulated without yet more intricate legislation. However,
it seems not. It is now necessary for the profession to get to grips with this latest round of
regulation bestowed upon the profession by Brussels.’

Full story (PDF)

4 New Square, 11th June 2014

Source: www.4newsquare.com

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High Court ruling shows the importance of a properly drafted dispute resolution clause, says expert – OUT-LAW.com

‘A clause which said that parties to a contract would “endeavour” to resolve any dispute through Swiss arbitration, failing which the English courts would have non-exclusive jurisdiction, was not a valid arbitration agreement within the meaning of the Arbitration Act, the English High Court has ruled.’

Full story

OUT-LAW.com, 20th June 2014

Source: www.out-law.com

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New distance selling rules among new UK consumer protection law reforms – OUT-LAW.com

Posted June 16th, 2014 in consent, consumer protection, contracts, EC law, fines, internet, news, time limits by sally

‘Businesses must respect new consumer rights to cancel contracts for services or the supply of digital content over the internet up to a minimum of 14 days after those contracts have been entered into, under new rules which have come into force in the UK.’

Full story

OUT-LAW.com, 13th June 2014

Source: www.out-law.com

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No damages for the solicitor whose private information was misused by a prostitute whom he’d short changed – RPC Privacy Law

‘In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim, it declined to award any damages but did grant him an injunction.’

Full story

RPC Privacy Law, 21st May 2014

Source: www.rpc.co.uk

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AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft MbH – WLR Daily

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft MbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

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Statement from Bar Leaders on Very High Costs Cases – The Bar Council

Posted May 2nd, 2014 in barristers, contracts, costs, fees, press releases by tracey

‘The leaders of the Bar, who represent barristers in England and Wales, have published the following joint statement.”

Full press release

The Bar Council, 1st May 2014

Source: www.barcouncil.org.uk

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Kásler and another v OTP Jelzálogbank Zrt – WLR Daily

Kásler and another v OTP Jelzálogbank Zrt (Case C‑26/13); [2014] WLR (D) 180

‘The expression the “main subject matter of a contract” in article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts covered a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, pursuant to which the selling rate of exchange of that currency was applied for the purpose of calculating the repayment instalments for the loan, only in so far as it was found, which it was for the national court to ascertain, that that term laid down an essential obligation of that agreement which characterised it. Such a term, in so far as it contained a pecuniary obligation for the consumer to pay, in repayment of instalments of the loan, the difference between the selling rate of exchange and the buying rate of exchange of the foreign currency, could not be considered as “remuneration” the adequacy of which as consideration for a service supplied by the lender could not be the subject of an examination as regards unfairness under article 4(2) of Directive 93/13.’

WLR Daily, 30th April 2014

Source: www.iclr.co.uk

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Greenclose Ltd v National Westminster Bank plc – WLR Daily

Greenclose Ltd v National Westminster Bank plc: [2014] EWHC 1156 (Ch);   [2014] WLR (D)  173

‘The terms of section 12(a) of the International Swaps and Derivatives Association (“ISDA”) Master Agreement (Multi Currency-Cross Border Form) (1992 ed) were mandatory and any notice purportedly served pursuant to those provisions had to have been given by the means therein prescribed, and by reference to and in accordance with the contact information provided in part 4 of the schedule to the agreement, subject to any amendment properly notified pursuant to section 12(b). If the schedule did not provide certain information necessary for service by a prescribed method, the contract was to be construed as limiting the prescribed methods to those expressly permitted by the schedule unless and until the missing information was notified under section 12(b) or the contract was formally amended.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

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War Horse musicians lose court bid for reinstatement – The Guardian

Posted April 16th, 2014 in contracts, employment, news, theatre by tracey

‘Five musicians who performed as a live band for four years in the West End production of the National Theatre’s hugely successful War Horse, but were then replaced by a recorded soundtrack, have lost their bid to be reinstated. But Mr Justice Cranston told Neyire Ashworth, Andrew Callard, Jonathan Eddie, David Holt and Colin Rae that their prospects at trial for a breach of contract by the National Theatre were “strong”.’

Full story

The Guardian, 15th April 2014

Source: www.guardian.co.uk

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Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

Full story

Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

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