The FA v Cellino – Behind the headlines – Blackstone Chambers

Posted November 23rd, 2017 in agency, fines, news, regulations, sport by sally

‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’

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Blackstone Chambers, 6th November 2017

Source: www.sportslawbulletin.org

Fining property manager £5k “completely disproportionate”: tribunal judge – Local Government Lawyer

Posted October 6th, 2017 in agency, compensation, fines, landlord & tenant, news, proportionality by tracey

‘A council’s imposition of a £5,000 fine on a property management business for failing to be a member of a redress scheme for three weeks was “unreasonable in the circumstances and completely disproportionate”, a tribunal judge has said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Private sector updates – Nearly Legal

Posted November 25th, 2016 in agency, fees, landlord & tenant, news, repossession by tracey

‘Section 8 notice prescribed form. The Govt has made The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule contains a new ‘form 3’ – the prescribed form of Section 8 Notice Seeking Possession. This must be used for s.8 notices served on or after 1 December 2016.’

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Nearly Legal, 23rd November 2016

Source: www.nearlylegal.co.uk/blog/

Employment law brief – New Law Journal

‘Ian Smith examines the recent cases that have been driving employment law.’

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New Law Journal, 18th November 2016

Source: www.newlawjournal.co.uk

McGill v Sports and Entertainment Media Group and others – WLR Daily

Posted November 8th, 2016 in agency, appeals, contracts, damages, law reports, sport by sally

McGill v Sports and Entertainment Media Group and others [2016] EWCA Civ 1063

‘The claimant, a licensed football agent, brought proceedings against a football player seeking damages for breach of contract, claiming that he had negotiated a transfer deal for the player under an oral contract, but that another agent, having induced the player to breach his contract with the claimant, had made the deal with the new club itself and received the fee of £300,000, thereby depriving the claimant of his fee for the work which he had done. The claim was settled in 2009 with payment of £50,000 to the claimant in full and final settlement. In 2012 the claimant brought an action against the first to fourth defendants, being the agent which had allegedly induced the breach of contract and three individuals associated with it, and the fifth to ninth defendants, being the club to which the player had transferred and four individuals associated with it. The claim was for, inter alia, the torts of inducing a breach of contract, breach of confidence and unlawful means conspiracy. The judge found that all the ingredients of the causes of action for inducement of breach of contract and unlawful means conspiracy were made out apart from causation and loss, and dismissed all the claims.’

WLR Daily, 12th October 2016

Source: www.iclr.co.uk

Appeal court finds Sammy Lee gave false evidence over Bolton transfer deal – The Guardian

Posted November 8th, 2016 in agency, appeals, contracts, evidence, news, sport by sally

‘A high court judgment in which the current England assistant manager, Sammy Lee, was found to have knowingly given false evidence has been upheld by the court of appeal. Lee, when manager of Bolton Wanderers for a short period in 2007 having taken over from Sam Allardyce, was found to have lied about his club’s involvement in signing the midfield player Gavin McCann, who had been poached by the agents SEM.’

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The Guardian, 7th November 2016

Source: www.guardian.co.uk

Supreme Court: money owed by insolvent agent to its principal not held on constructive trust – OUT-LAW.com

‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’

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OUT-LAW.com, 29th July 2016

Source: www.out-law.com

‘Speak out’ plea as rogue lettings agent is jailed – BBC News

Posted July 11th, 2016 in agency, fraud, landlord & tenant, news, sentencing by sally

Nearly all scam and fraud victims “suffer in silence”, councils say, but the jailing of a lettings agent shows billions of pounds could be saved.

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BBC News, 8th July 2016

Source: www.bbc.co.uk

Tis aw a muddle – costs edition – Nearly Legal

Posted May 6th, 2016 in agency, costs, injunctions, joinder, landlord & tenant, news, repossession by tracey

‘Morales v Enver (2016) QBD (Irwin J) 28/04/2016. Mr M had brought injunction for re-entry proceedings against a landlord and agents.’

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Nearly Legal, 4th May 2016

Source: www.nearlylegal.co.uk/blog/

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd – WLR Daily

Posted March 15th, 2016 in agency, agreements, contracts, evidence, law reports, privilege by sally

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd [2016] EWHC 486 (Comm)

‘The claimant was a commercial agent who acted for the defendant. The agency agreement between the parties provided for 12 months’ notice of termination. The claimant’s case was that, by e-mails dated 18 and 26 March 2013, the defendant gave notice of termination with effect from 11 February 2013, to terminate on 11 May 2013 and was thereby in repudiatory breach of contract, which repudiation the claimant accepted as bringing the agency agreement to an end. The claimant brought a claim for, inter alia, damages for termination with insufficient notice and sought to admit the defendant’s e-mails as evidence of the defendant’s repudiation. The defendant contended that the two e-mails, both marked “Without Prejudice”, were part of a series of without prejudice negotiations to settle a dispute as to termination of the agency and that, as such, they could not be relied on by the claimant as repudiatory and were inadmissible in evidence.’

WLR Daily, 8th March 2016

Source: www.iclr.co.uk

Commercial agency: where the principal cannot have his cake and eat it too – Technology Law Update

Posted November 19th, 2015 in agency, commercial agents, compensation, contracts, indemnities, news by tracey

‘On termination of a commercial agency agreement the agent is normally entitled to either an indemnity or compensation. This is a lump sum payment to reward the agent for the goodwill it has developed for the principal. They can agree by contract which option they prefer. But in the absence of agreement, the agent is entitled to compensation.’

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Technology Law Update, 16th November 2015

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

Supreme Court seeks review of ‘illegality defence’ – OUT-LAW.com

Posted April 24th, 2015 in agency, fraud, illegality, news, Supreme Court, taxation by sally

‘Some of the UK’s most senior judges have said it is necessary to review how the so-called ‘illegality defence’ should be applied.’

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OUT-LAW.com, 24th April 2015

Source: www.out-law.com

Supreme Court: the common law working out illegality defence – UK Human Rights Blog

Posted April 24th, 2015 in agency, fraud, illegality, news, Supreme Court, taxation by sally

‘Nigel Farage is quoted yesterday as preferring immigrants to be Australians and Indians rather than EU citizens, because they probably speak English and “understand common law.”’

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UK Human Rights Blog, 23rd April 2015

Source: www.ukhumanrightsblog.com

The New FA Football Intermediaries Regulations and the Disputes Likely to Arise – Blackstone Chambers

Posted March 30th, 2015 in agency, conflict of interest, disclosure, news, regulations, sport by sally

‘The FA Regulations on working with Intermediaries (‘FA Intermediaries Regulations’) come into force on 1 April 2015. They put into force FIFA’s Intermediaries Regulations, with some important variations and, with them, apparently signal the abolition of the licensed football agent.’

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Blackstone Chambers, 27th March 2015

Source: www.blackstonechambers.com

Solicitor’s retainer not frustrated because client loses capacity, appeal judges rule – Litigation Futures

Posted January 28th, 2015 in agency, appeals, fees, mental health, news, solicitors by tracey

‘A solicitor’s retainer is not rendered “impossible of performance” simply because a claimant loses mental capacity and cannot give instructions personally, the Court of Appeal ruled today.’

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Litigation Futures, 27th January 2015

Source: www.litigationfutures.com

The End of the Licensed Football Agent? – Sports Law Bulletin from Blackstone Chambers

Posted October 21st, 2014 in agency, licensing, news, regulations, sport by sally

‘Earlier this year Football’s World governing body, FIFA, published its Regulations on Working with Intermediaries. The FIFA Regulations signal a dramatic de-regulation of one of the most controversial and lucrative business activities in football: agency.’

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Sports Law Bulletin from Blackstone Chambers, 21st October 2014

Source: www.sportslawbulletin.org

Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers

‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’

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Competition Bulletin from Blackstone Chambers, 28th September 2014

Source: www.competitionbulletin.com

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

High Court: Commercial Agents Regulations could not override contractual choice of law – OUT-LAW.com

‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’

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OUT-LAW.com, 10th September 2014

Source: www.out-law.com

Lack of Capacity – A Trap for Lawyers Removed? – Zenith PI Blog

‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’

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Zenith PI Blog, 29th August 2014

Source: www.zenithpi.wordpress.com