Heron Bros Ltd v Central Bedfordshire Council – WLR Daily

Heron Bros Ltd v Central Bedfordshire Council [2015] EWHC 604 (TCC); [2015] WLR (D) 137

‘The term “service in accordance with rules of court” in regulation 47F(5) of the Public Contracts Regulations 2006, as amended, meant that valid service was achieved when the relevant step for service of a claim form, set out in CPR r 7.5(1), was completed within the seven-day time limit prescribed by regulation 47F(1).’

WLR Daily, 20th March 2015

Source: www.iclr.co.uk

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Contractual discretion – lost at sea? – Technology Law Update

Posted March 26th, 2015 in compensation, contract of employment, contracts, news, suicide by sally

‘Contracts often include terms that give discretion to one of the parties to make a decision affecting the other party. Does that mean that the party with the discretion can use it freely? Apparently not, according to a recent Supreme Court case.’

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Technology Law Update, 25th March 2015

Source: www.technology-law-blog.co.uk

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The Insurance Act 2015: practical changes for insurers to consider – OUT-LAW.com

Posted March 25th, 2015 in contracts, disclosure, fraud, insurance, Law Commission, legislation, news, Scotland by sally

‘The 2015 Insurance Act will, subject to an 18-month transition period, introduce what the UK government has described as “the biggest reform to insurance contract law in more than a century”.’

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OUT-LAW.com, March 2015

Source: www.out-law.com

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Avoiding the Accidental Settlement – No. 5 Chambers

Posted March 24th, 2015 in agreements, contracts, news by sally

‘The question of whether two Parties have entered in to a binding settlement compromising a case is often just as (if not more) acrimonious matter as the substantive case. In particular as the devil is often in the detail of any settlement, the intention is often that even where settlement is agreed in principle, one party does not wish to be bound to the settlement until all the terms are agreed and embodied in a signed document. If this is the intention then it is important that the same is made well known to the other negotiating party, in order to avoid the pitfall of finding oneself having inadvertently entering in to a binding settlement, prior to concluding those subsequent negotiations.’

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No. 5 Chambers, 13th January 2015

Source: www.no5.com

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Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) – WLR Daily

Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) [2015] EWCA Civ 226; [2015] WLR (D) 133

‘Where a party, which entered an acknowledgment of service to proceedings and made an unsuccessful challenge against the jurisdiction of the English court to hear the proceedings, had entered a further acknowledgment of service in its application for permission to appeal against the court’s decision to refuse its challenge, that party would have submitted to the jurisdiction of the English court, within article 24 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), because of the provisions of CPR r 11(8), unless it had first applied to the court for an extension of time to file the further acknowledgment of service sufficient to enable the application for permission to appeal, or the appeal if permission was granted, to be determined.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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Priority in Sale and Leaseback – Radcliffe Chambers

Posted March 19th, 2015 in contracts, equity, leases, mortgages, news by sally

‘Scott v. Southern Pacific Mortgages Ltd, in which the Supreme Court gave judgment on 22nd October 2014, has finally determined, in favour of the mortgagees, the question of priority between home owners, who had sold their homes under sale and leaseback schemes after getting into financial difficulties in return for the grant of a tenancy from the purchaser, and the mortgagees who provided the finances for the purchases. In order for the home owners’ unregistered interests to override a registered disposition under the Land Registration Act 2002, the interest had to be a proprietary interest, but prior to acquiring the legal estate a purchaser could not grant equitable rights of a proprietary character, as opposed to personal rights.’

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Radcliffe Chambers, 10th February 2015

Source: www.radcliffechambers.com

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Group M UK Ltd v Cabinet Office – Henderson Chambers

‘The Technology and Construction Court has reiterated that, in considering whether to lift the statutory suspension of the placing of a public contract following a challenge by an unsuccessful tenderer, it will apply the American Cyanamid principles, as those principles are consistent with the requirements of Directive 2007/66/EC on the award of public contracts.’

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Henderson Chambers, 17th March 2015

Source: www.hendersonchambers.co.uk

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RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

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Integral Petroleum SA v SCU-Finanz AG – WLR Daily

Posted March 6th, 2015 in company law, conflict of laws, contracts, documents, EC law, law reports by sally

Integral Petroleum SA v SCU-Finanz AG [2015] EWCA Civ 144; [2015] WLR (D) 97

‘Where a contract had been signed by only one of a company’s two joint signatories, the question of whether the company was bound by the contract was properly characterised as a question of the company’s capacity, to be governed by the law of the company’s constitution, rather than a question of the formal validity of the contract, to be governed by the law which governed the contract, pursuant to article 11 of Parliament and Council Regulation (EC) No 593/2008.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

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

Posted March 4th, 2015 in appeals, contracts, domicile, EC law, jurisdiction, law firms, law reports by sally

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH [2015] EWCA Civ 143; [2015] WLR (D) 95

‘A tortious claim for inducement of breach of a contractual term providing for exclusive jurisdiction of the English Court brought against a defendant domiciled in Germany where the harmful event did not occur in England could not be brought in the English court since article 5(3) of Council Regulation (EC) No 44/2001 did not apply.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

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Selling to government – changes that will make things easier – Technology Law Update

Posted March 2nd, 2015 in contracts, documents, news, public procurement, time limits by sally

‘Do you provide services to public sector bodies? Do you want to? Whether your customer or target is part of government, or an independent publicly-funded institution such as a hospital or university, you should be aware of the Public Contracts Regulations 2015. These changes, the majority of which came into force this week, offer greater flexibility in public authority purchasing and increased visibility and supplier access.’

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Technology Law Update, 27th February 2015

Source: www.technology-law-blog.com

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Council gets High Court breach of contract claim from care provider struck out – Local Government Lawyer

Posted February 25th, 2015 in care homes, contracts, costs, fees, local government, news, residential care by sally

‘Cornwall Council has successfully applied to have a breach of contract claim brought by a care provider struck out just as a trial listed for five days was about to start.’

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Local Government Lawyer, 24th February 2015

Source: www.localgovernmentlawyer.co.uk

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Welcome relief – New Law Journal

‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’

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New Law Journal, 17th February 2015

Source: www.newlawjournal.co.uk

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Home Office wins £224m e-Borders appeal – BBC News

Posted February 18th, 2015 in appeals, arbitration, contracting out, contracts, damages, immigration, news by sally

‘The Home Office has won its appeal against an order to pay £224m to a US defence firm over the cancellation of a secure borders contract.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

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Conditional Fee Agreements – Zenith PI Blog

Posted February 6th, 2015 in contracts, fees, insurance, news, solicitors by sally

‘On 27th January 2015, the Court of Appeal handed down judgment in the case of Cox v Woodlands Manor Care Home Ltd (unreported – approved judgment is awaited) bringing home the importance of CFAs being compliant with the Cancellation of Contracts etc. Regulations 2008 and dealing with the situation where there might be legal expenses insurance cover in the background and how this might affect any CFA entered into.’

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Zenith PI Blog, 5th February 2015

Source: www.zenithpi.wordpress.com

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Court of Appeal: conditional fee agreement with consumer unenforceable if notice of right to cancel not given – OUT-LAW.com

Posted February 3rd, 2015 in appeals, consumer protection, contracts, fees, news by tracey

‘A conditional fee agreement (CFA) that was signed at a client’s home, rather than at the lawyer’s office, was unenforceable because the client had not been given notice of her right to cancel, the Court of Appeal has ruled.’

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OUT-LAW.com, 3rd February 2015

Source: www.outlaw.com

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Court of Appeal: Solicitors cannot recover costs if CFAs failed to comply with cancellation regulations – Litigation Futures

Posted February 2nd, 2015 in appeals, care homes, contracts, costs, fees, news, notification, personal injuries, solicitors by sally

‘Appeal judges have ruled that solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the cancellation of contracts regulations, with a potential impact on a significant number of cases.’

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Litigation Futures, 2nd February 2015

Source: www.litigationfutures.com

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Savoye and another v Spicers Ltd – WLR Daily

Posted January 27th, 2015 in arbitration, construction industry, contracts, enforcement, law reports by sally

Savoye and another v Spicers Ltd [2014] EWHC 4195 (TCC); [2015] WLR (D) 17

‘The factual test of whether something formed “part of the land” for the purposes of section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 was informed, but not circumscribed, by principles to be found in the law of real property and fixtures and ultimately was a question of fact and degree, looking at the purpose of the object or installation and having regard to the installation as a whole, rather than each individual element.’

WLR Daily, 15th December 2015

Source: www.iclr.co.uk

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Grayling’s legal aid reforms ‘irrational’, Law Society argues – Law Society’s Gazette

Posted January 16th, 2015 in contracts, judicial review, Law Society, legal aid, news, tenders by sally

‘The lord chancellor’s decision to start a tender process for legal aid crime duty contracts is unlawful because it is “irrational”, “disproportionate” and based on a “manifest error”, the Law Society will argue in the High Court.’

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Law Society’s Gazette, 15th January 2015

Source: www.lawgazette.co.uk

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Law Society questions value of cab-rank rule – Legal Futures

Posted January 7th, 2015 in barristers, contracts, fees, Law Society, legal representation, news, solicitors by tracey

‘The Law Society has responded to a Bar Standards Board (BSB) call for evidence on the cab-rank rule by questioning its “operational value”.’

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Legal Futures, 7th January 2015

Source: www.legalfutures.co.uk

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