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

Adjudication ordered in £1.3m dispute between council and solar energy business – Local Government Lawyer

Posted October 13th, 2014 in contracts, damages, dispute resolution, energy, local government, news by sally

‘A High Court judge has ordered that a local authority’s bid to recoup £1.3m from a solar energy installation company be determined by adjudication, rather than by litigation as desired by the council.’

Full story

Local Government Lawyer, 13th October 2014

Source: www.localgovernmentlawyer.co.uk

Comments Off

No loss of confidence – establishing causation in confidential information claims – RPC Privacy Law

‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’

Full story

RPC Privacy Law, 7th October 2014

Source: www.rpc.co.uk

Comments Off

Open Consultation – Transforming legal aid: crime duty contracts – Ministry of Justice

Posted September 29th, 2014 in consultations, contracts, Law Society, legal aid, Ministry of Justice, solicitors by tracey

‘A consultation on reports undertaken by Otterburn Legal Consulting and KPMG in relation to the proposed duty work contracts for criminal legal aid services.’

Full consultation

Ministry of Justice, 24th September

Source: https://www.gov.uk/government/organisations/ministry-of-justice

Comments Off

Legal Aid Challenge Success, Assisted Suicide and the Future of UK Human Rights – the Human Rights Roundup – UK Human Rights Blog

‘This week, the Conservative Party will unveil its plans for human rights reform in the UK. In other news, Chris Grayling’s decision to drastically reduce the number of legal aid contacts granted is successfully challenged, while a prosecution for assisted suicide keeps the assisted dying debate alive.’

Full story

UK Human Rights Blog, 28th September 2014

Source: www.ukhumanrightsblog.com

Comments Off

QC wins High Court battle to be paid £100,000 fee – Legal Futures

Posted September 26th, 2014 in barristers, contracts, professional conduct, remuneration, striking out by tracey

‘The High Court has ordered a Jersey lawyer to pay an English barrister’s fee, dismissing a claim that the fee was an honorarium which was not legally enforceable.’

Full story

Legal Futures, 26th September 2014

Source: www.legalfutures.co.uk

Comments Off

Net contribution clauses: What you need to know – Hardwicke Chambers

Posted September 25th, 2014 in construction industry, contracts, damages, limitations, news by sally

‘Most construction professionals will be familiar with net contribution clauses (NCCs) in consultants’ appointments and collateral warranties but their use should not necessarily be limited to the construction sector. They may be useful in any project where professionals from a multiplicity of disciplines are retained.’

Full story

Hardwicke Chambers, 19th September 2014

Source: www.hardwicke.co.uk

Comments Off

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc – WLR Daily

Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch); [2014] WLR (D) 400

‘A claim brought under regulation 17 of the Commercial Agents (Council Directive) Regulations 1993 for compensation on determination of an agency agreement was not in respect of a contract or a breach of contract. Accordingly, the jurisdictional gateways for service out of the jurisdiction in paragraph 3.1(6) and (7) of Practice Direction 6B supplementing CPR Pt 6 did not apply.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

Comments Off