Opportunistic Conduct and Good Faith – the line that joint venturers may not cross – Hardwicke Chambers

Posted June 19th, 2018 in agreements, contracts, joint ventures, news by sally

‘A genial sheikh and an overly optimistic hotelier enter a joint venture to develop a chain of luxury hotels and an online travel business. What could possibly go wrong? Other than a global financial meltdown, the Greek debt crisis, a volcano in Iceland, threats of physical violence, blackmail, accusations of swindling, furtive double-dealing, rampant opportunism and – it turns out – breach of a contractual duty of good faith.’

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Hardwicke Chambers, 16th May 2018

Source: www.hardwicke.co.uk

Case Comment: Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 – Supreme Court Blog

Posted May 23rd, 2018 in agreements, appeals, contracts, news, Supreme Court by tracey

‘Mitchell Abbott, trainee in the dispute resolution team at CMS, offers comment on the decision of the Supreme Court in the matter of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24.’

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Supreme Court Blog, 18th May 2018

Source: ukscblog.com

Ethics expert calls on SRA to take tougher approach to NDAs – Legal Futures

‘The Solicitors Regulation Authority (SRA) needs to take a tougher approach to non-disclosure agreements (NDAs), a leading legal ethics expert has told MPs.’

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Legal Futures, 19th April 2018

Source: www.legalfutures.co.uk

Ban non-disclosure agreements on workplace sexual harassment, says EHRC – Daily Telegraph

‘Non-disclosure agreements about sexual harassment in the workplace should be banned, the Equality and Human Rights Commission has said.’

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Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Law Pod UK Ep. 25: The Draft EU Withdrawal Agreement – line by line – 1 COR

Posted March 20th, 2018 in agreements, EC law, news, treaties by sally

‘The Draft EU Withdrawal Agreement is the Brexit political agreement turned into a legal document. Prof. Catherine Barnard of the University of Cambridge gives Boni Sones her own analysis of the text and asks ‘What now for Theresa May?”

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Law Pod UK, 15th March 2018

Source: audioboom.com

SRA warning over sexual misconduct NDAs “put solicitors in difficult position” – Legal Futures

‘The Solicitors Regulation Authority’s warning about using non-disclosure agreements (NDAs) in cases of sexual harassment puts solicitors in a difficult position and may even discourage reporting, it has been claimed.’

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Legal Futures, 19th March 2018

Source: www.legalfutures.co.uk

BHS to repay rental discounts says High Court – OUT-LAW.com

Posted March 15th, 2018 in agreements, company law, insolvency, news, rent by tracey

‘The High Court has said that BHS cannot challenge the terms of its own company voluntary arrangement (CVA) as unenforceable contractual penalties. The case provides guidance as to how CVAs operate post termination and the payment of rent as an expense of a company’s administration in priority to other debts.’

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OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Divorce? You may regret it if you don’t ask for legal advice – Family Law

Posted March 12th, 2018 in agreements, damages, divorce, financial provision, mental health, news by sally

‘Yedina v Yedin and another [2017] EWHC 3319 (Ch) was an interesting case which highlighted the importance of seeking advice from a family lawyer when planning to divorce.’

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Family Law, 9th March 2018

Source: www.familylaw.co.uk

Brexit: solicitors welcome ‘breathing space’ deal – Law Society’s Gazette

‘Lawyers have welcomed with relief the declaration on ‘legal certainty and clarity’ – including mutual recognition and enforcement of judgments – in the Brexit phase 1 agreement reached on Friday. However the Law Society cautioned that the ‘real complexity’ of the deal lies ahead.’

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Law Society's Gazette, 10th December 2017

Source: www.lawgazette.co.uk

Court of Appeal upholds assignments of pre-LASPO CFAs – 4 New Square

Posted December 11th, 2017 in agreements, appeals, assignment, contracts, costs, fees, judgments, law firms, news by sally

‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’

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4 New Square, 5th December 2017

Source: www.4newsquare.com

The Trade Bill – renegotiation and renewal of EU trade agreements after Brexit – in this new constitutional territory more Parliamentary scrutiny is urgently needed – Brexit Law

Posted December 7th, 2017 in agreements, bills, EC law, news, parliament, select committees, treaties by sally

‘The lack of adequate Parliamentary scrutiny when the UK negotiates trade agreements (something it has not done in its own right for many years) has come to the attention of the House of Commons International Trade Committee. This is timely given the prospect of the UK negotiating the single most important trade agreement it is likely to negotiate for a long time – its future trade agreement with the EU. The context for the Committee’s concern is its inquiry into the Trade Bill. One of the issues which the Bill addresses is the domestic implementation in the UK of those EU trade agreements which are adapted for continued application by the UK after Brexit. The Committee has asked whether Parliamentary scrutiny of ministerial rules implementing these agreements is adequate, and, more broadly, whether scrutiny of the UK signing up to these and other trade agreements, is adequate.’

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Brexit Law, 6th December 2017

Source: brexit.law

Pre-LASPO CFA was validly transferred to new firm, Court of Appeal rules – Litigation Futures

Posted December 6th, 2017 in agreements, appeals, assignment, contracts, fees, law firms, news by sally

‘The transfer of a conditional fee agreement (CFA) from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled.’

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Litigation Futures, 5th December 2017

Source: www.litigationfutures.com

Scomadi v R A Engineering and Others – A Licence Agreement that went wrong – NIPC Law

Posted November 21st, 2017 in agreements, intellectual property, licensing, news by sally

‘On 19 Sept 2017, I chaired seminars in the studios of Northern Ballet in Leeds and at the Barnsley Business and Innovation Centre in South Yorkshire at which Tom Duke, our intellectual property attaché in Beijing, spoke on “Succeeding in China – How to mitigate IP risk” as part of a China IP Roadshow (see Jane Lambert Meet our IP Attaché to China 21 July 2017 IP Yorkshire). One of the reasons why Tom made that tour is that an increasing number of British IP owners contract with manufacturers in China and other countries where production costs are lower than in the UK to make goods for them under licence. Often such arrangements work very well but sometimes they can go very badly wrong.’

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NIPC Law, 21st November 2017

Source: nipclaw.blogspot.co.uk

Protected parties – CPR 21.10 compatible with ECHR ARTICLES 14 and 6 – defendant entitled to withdraw from compromise agreement – Zenith PI Blog

Posted November 14th, 2017 in agreements, civil procedure rules, compromise, human rights, news by tracey

‘Joseph James Penn Revill (a protected party proceedings by his litigation friend, Kirsty Marie Jarram) v Philip Damiani [2017] EWHC 2630 (QB). The claimant, who lacked the capacity to litigate and was acting by his litigation friend, sought damages for injuries sustained in a road traffic accident. His claim included a claim for future losses.’

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Zenith PI Blog, 13th November 2017

Source: zenithpi.wordpress.com

Court allows defendant to ditch settlement reached three days before discount rate change – Litigation Futures

‘The High Court has upheld the right of a defendant in a personal injury claim to resile from a settlement agreement made three days before the discount rate was cut earlier this year.’

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Litigation Futures, 3rd November 2017

Source: www.litigationfutures.com

Known Sperm Donor and Co-parenting Arrangements – a cautionary tale – Family Law Week

Posted October 19th, 2017 in agreements, assisted reproduction, children, families, news, parental rights by tracey

‘Rose-Marie Drury, Senior Associate with Mills & Reeve LLP, considers the legal issues for parties involved in such arrangements.’

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Family Law Week, 18th October 2017

Source: www.familylawweek.co.uk

Construction of Terms in Cross-Licensing Agreements: Koninklijke Philips N.V. v Asustek Computer Incorporation and Others – NIPC Law

‘In FRAND 8 Oct 2017 I discussed the terms upon which patents for inventions that are essential to a standard are licensed. I noted that courts around the world had held that those terms should be fair, reasonable and non-discriminatory – in other words, FRAND. The Court of Appeal’s decision in Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017) concerned the construction of a clause licensing such patents. It is important to note, however, that none of the judges who heard the appeal mentioned the acronym, FRAND, and it appeared only twice in the judgment of the trial judge.’

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NIPC Law, 13th October 2017

Source: nipclaw.blogspot.co.uk

When is a financial agreement between a separating couple binding? – Family Law

Posted October 9th, 2017 in agreements, appeals, delay, disclosure, divorce, financial provision, news by sally

‘In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs. The Court of Appeal found that the parties had not reached a concluded agreement, despite both acting on the agreement including the transfer of assets to one another. W could, therefore, bring further financial claims against H.’

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Family Law, 6th October 2017

Source: www.familylaw.co.uk

Foster carer fights for workers’ rights – BBC News

‘A foster carer is launching a legal claim to argue for workers’ rights for people in her role.’

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BBC News, 9th October 2017

Source: www.bbc.co.uk

High Court questions growing use of standstill agreements – Litigation Futures

Posted October 3rd, 2017 in agreements, negligence, news, stay of proceedings, striking out by sally

‘The High Court has questioned the growing use of standstill agreements in litigation, saying they are “potentially just another self-inflicted complication” when it would be simpler to apply for a stay.’

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Litigation Futures, 3rd October 2017

Source: www.litigationfutures.com