‘A Court of Appeal decision upholding the parties’ choice to use English law under a swap agreement will provide some relief to financial firms despite the ongoing uncertainty around the UK’s decision to leave the EU, an expert has said.’
OUT-LAW.com, 21st June 2017
Source: www.out-law.com
‘The High Court has allowed for trial of a preliminary issue in a case concerning the limits of a damages based agreement (DBA).’
Law Society's Gazette, 13th June 2017
Source: www.lawgazette.co.uk
‘After Brexit, the public face of criminal justice will look much the same as it does now. The UK has resisted many of the European Union’s moves towards harmonisation of substantive criminal law and procedure, and it is unlikely to use its new-found freedom from the restraints of EU law to decriminalise things like child pornography, cybercrime and people trafficking. The EU’s greatest impact on criminal justice has been through the multiple agreements and instruments that facilitate the detection, investigation and prosecution of such crimes as terrorism, people trafficking, child pornography, drug-smuggling, cybercrime and fraud across the EU. The best known of these is the European Arrest Warrant (EAW), implemented in 2004.’
London Review of Books, 18th May 2017
Source: www.lrb.co.uk
‘A county council has won an appeal to the First-Tier Tribunal over a decision by the Information Commissioner’s Office that it was not entitled to redact certain information in a variation agreement to a waste disposal contract.’
Local Government Lawyer, 24th April 2017
Source: www.localgovernmentlawyer.co.uk
‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’
Competition Bulletin from Blackstone Chambers, 6th April 2017
Source: www.competitionbulletin.com
‘The Upper Tribunal (Lands Chamber) has held that it is was not unreasonable conduct for the purposes of r.13(1)(b), Tribunal Procedure Rules, for a landlord to seek to rely on an agreement that service charges were payable, even if that agreement was subsequently determined to be void. Nor did the landlord’s failure to mediate amount to unreasonable conduct in circumstances where the prospects of a reaching an agreement were slight and the costs of mediation likely to be disproportionate. It also held that orders pursuant to s.20C, Landlord and Tenant Act 1985, should not treat participating leaseholders differently from one another on the basis of their involvement in proceedings. The focus should be on the landlord’s degree of success regardless of each individual leaseholder’s involvement.’
Arden Chambers, 3rd March 2017
Source: www.ardenchambers.com
‘In the recent case of Global Asset Capital Inc and another v Aabar Block S.A.R.L and others [2017] EWCA Civ 37, the Court of Appeal held that the High Court was wrong to find that following a ‘subject to contract’ offer letter, a contract was concluded during a telephone call which was inconsistent with subsequent communications.’
4 KBW, 31st March 2017
Source: www.4kbw.net
‘Questions of international law raised by Ukraine in a dispute with Russia involving overdue Eurobond repayments cannot be dealt with by the English courts, the High Court has ruled.’
OUT-LAW.com, 4th April 2017
Source: www.out-law.com
‘Transitional provisions allowing the recoverability of solicitors’ success fees and an after the event (ATE) insurance premium after April 2013 extend to where the policy is assigned, and where the case is later appealed, the Supreme Court has ruled.’
OUT-LAW.com, 31st March 2017
Source: www.out-law.com
‘The decision of the High Court in Microsoft Mobile Oy (Ltd) v Sony offers some helpful guidance as to when a competition law tort claim will be caught by an arbitration clause in a sale or supply agreement.’
Competition Bulletin from Blackstone Chambers, 7th March 2017
Source: www.competitionbulletin.com
‘The Association of Lawyers for Children (ALC) has said it is “deeply concerned” by a recent agreement entered into by Cafcass and the Association of Directors of Children’s Services.’
Local Government Lawyer, 3rd March 2017
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has refused to strike-out a claim by a woman who failed to comply with a Court of Appeal order to pay £250,000 in interim costs, on the grounds that it would breach her rights to a fair trial.’
Litigation Futures, 2nd March 2017
Source: www.litigationfutures.com
‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:
MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.
Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’
Zenith PI Blog, 21st February 2017
Source: www.zenithpi.wordpress.com
‘Commercial litigators regularly encounter disputes which arise from parties’ attempts to renegotiate obligations under written agreements in situations where one party is having difficulty performing as required under the contract.’
Littleton Chambers, 26th January 2017
Source: www.littletonchambers.com
‘If an injured person cannot identify the fault driver of another vehicle, this is the agreement which governs their rights to compensation. In many instances, this is because the accident was a classic “hit and run”; indeed the MIB have stated that 12% of accidents in which the accident was reported to the police and a person was injured were such “hit and run accidents”. (That statistic is not as significant as it would seem at first blush; the majority of relatively minor road traffic accidents are not reported to police; the reason that such accidents are reported is that the other vehicle has made off without stopping so to a certain extent it is a self-selecting criteria). No details of the fault vehicle or the driver tend to have been obtained or recorded so an injured person’s only option would be the Untraced Driver’s Agreement.’
Park Square Barristers, 8th February 2017
Source: www.parksquarebarristers.co.uk
‘The technology behind an artificial intelligence (AI) app developed to help businesspeople draft confidentiality agreements will be extended to other commercial and consumer products such as wills, and may in time be suitable for family law cases, according to its creator.’
Legal Futures, 22nd November 2016
Source: www.legalfutures.co.uk
‘Losing access to the EU’s trade agreements would cost UK importers an extra £1.2 billion a year, according to research conducted on behalf of the Open Britain campaign.’
OUT-LAW.com, 15th November 2016
Source: www.out-law.com
‘The Electronic Communications Code is contained in the Telecommunications Act 1984 Schedule 2, as amended by Schedule 3 to the Communications Act 2003 (“the Existing Code”).’
Falcon Chambers, September 2016
Source: www.falcon-chambers.com
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